Evening star., 1963-05-23
RACIAL
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pears shocking that a board
Of education should thus
in effect destroy the value of
one term of schooling for so
many children"
News Of Judge Tuttle's deci-
sion set off wild celebrations
at a mass meeting and the
Rev. DR.. Martin Luther King,
jr.. integration leader, said his
position had been vindicated.
The legal developments un-
folded as President Kennedy
announced in a Washington
news conference that his ad-
miniStration is considering new
civil rights legislation. He said
a search is on for a legal out
let, other than demonstrations,
in racial problems.
Mr.. Kennedy voiced hope
that Federal marshalS or troops
would not be needed when q
Negro student attempts to en-
roll next month at the Uni
versity Of Alabama. About
5000 soldiers are standing by
at two Alabama bases under
the Presidents orders.
Governor Hits Threat
Shortly afterward, GOV.
George c. Wallace of Alabama
said at a Huntsville news con-
ference. "the President has no
right to threaten or send
troops"
Gov. Wallace. who pledged
Tuesday to bar personally any
Negro at the university, told
newsmen: II have a right to do
that which I'm going to do"
He called it testing" not de-
fiance Of Federal authority.
Attorney General Richmond
Flowers. the only State official
who has criticized Gov. Wal
lace. reiterated that the Gov
ernor's intention might touch
off violence. He said further
racial trouble could wreck the
States economy"
In other developments:
Gov. Orval E. Faubus Of
Arkansas said Gov. Wallace
stands little chance Of keeping
the State university segregated
TITS not an optimistic situa-
tion," said Gov. Faubus, who
tried to block desegregation OF
Little Rock schools in 1857.
Directors Of the Alabama
Chamber Of Commerce asked
the States businessmen to give
leadership in solving racial is
sues.
A legislative committee ap-
proved a $250,000 emergency
appropriation for the Alabama
highway patrol. The State has
about 700 officers among nearly
1900 on call in the Birming-
ham area.
In his ruling, Judge Tuttle
ordered the Birmingham sup
erintendent TO notify the ousted
pupils that they are permitted
to return to school on Thurs
day"
Calls Arrests Illegal
His order remains in effect
until final determination of
the appeal. No date has been
set for hearing the case.
Noting the school board
policy OF ousting every student
arrested for any reason, Judge
Tuttle said:
1T seems plain that we have
here a case Of some 1000 pupils
who were engaging in legally
permissible activities, illegally
arrested for exercising this
constitutional right The
orders Of suspension we're based
on illegal arrests. known at
the time Of the order OF sus-
pension 10 be illegal"
The district Judge had held
earlier that suspension pend
ing a hearing and opportunity
10 make UP the work IN the
summer In any event is not un-
duly harsh under the circum-
stances ."
Judge Allgood said all school
children had been cautioned by
principals and teachers against
cutting classes.
This court was shocked 10
see hundreds Of school children
ranging In age from 8 10 i6
running loose and wild without
direction over the streets OF
Birmingham and In the bust;
ness establishments"