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A SOUTHERN SCHOOL NEWS—OCTOBER 1957—PAGE 3 GOV. ORVAL FAUBUS State Authority . . . —Arkansas Gazette Arkansas National Guardsmen, before their call into federal service, were ordered by Gov. Orval Faubus to prevent disorders at the Little Rock High School. Under direct orders, the guardsmen prevented nine Negro students from entering the school. They were removed after the federal district court issued an injunction restraining their use to prevent execu tion of the court-ordered desegregation of the high school. JUDGE RONALD DAVIES . . . Versus Federal U. S. Troops Sent to Little Rock; Three Districts Desegregate T .TTTT T. T?A rlr On 1\/Tnn ^ nir m rfVif L\nfrvv/i 1 rriV _ 1 Cl _ i l , r .. LITTLE ROCK, Ark. the Arkansas school dis- *tricts that had planned to be gin integration in September, one called it off, one tried it and quit, and only two managed to get it done without some kind of diffi culty. The fifth, Little Rock, about to integrate Sept. 3 under federal order, was blocked temporarily by Arkansas National Guard troops ordered out by Gov. Orval E. Fau bus. This brought a governor in pursuit of his constitutional au thority into direct conflict with a federal court order on integration. To observers it looked as though the resolution of that conflict would set a precedent of historic proportions in the southern school integration situation. With federal troops present, the integration took place on Sept. 25. (See “Le gal Action.”) Van Buren and Fort Smith got their integrated classes started without inci dent. Ozark enrolled three Negro stu dents but all three dropped out within a week under reported harassment by white pupils. North Little Rock, just across the Arkansas River from Little Rock, postponed its planned integration after trouble developed at Little Rock. (See “School Boards and Schoolmen.”) The Little Rock school integration P an, after nearly 2% years of apparently smooth sailing, hit serious trouble in me last week before it was to take effect. Lve days before the start of school Gov. aubus testified that in his opinion inte gration would produce violence and a chancery judge ordered the school board not to proceed; next day the federal court which had approved the plan 18 months ago overrode the state injunc- *on and also enjoined all persons from jnterfering (Southern School News, Se Ptember 1957). On Monday night before the start of classes Tuesday morning (Sept. 3), Ar kansas National Guard troops appeared at Little Rock Central High School and surrounded it. An hour later Faubus, on television and radio, said the guards men were there to maintain or restore peace and good order; he said they were not to act as segregationists or as inte- grationists. But he said maintaining peace and good order would not be pos sible “if forcible integration” were car ried out and that therefore the schools “must be operated on the same basis as they have been operated in the past.” REASONS FOR DECISION Gov. Faubus gave these reasons for his decision: 1) Supt. Virgil T. Blossom had ap pealed to him for help the day before. 2) A “massive” telephone campaign was under way calling on white mothers to assemble at Central High School on Tuesday morning. 3) Caravans from many points in the state were either in the city or would converge on the city and school Tuesday morning. 4) He had received many telephone calls expressing fear of disorder and vio lence. 5) There had been an unusually large sale of weapons to youths of both races. 6) A number of revolvers had been taken from students, both Negro and white. 7) Litigation in state courts on the validity of four new state segregation laws had not been concluded. NO ADVANCE WARNING There had been no forewarning of this. The school board and the Little Rock city government had not been con sulted about it. To both it came as a surprise. After the governor’s radio-television talk, the school board issued a statement that although the federal court had or dered integration to proceed the troops were there and asked the Negro stu dents not to try to enter school the next morning. The court-approved plan was to start with the 10th, 11th and 12th grades and 10 Negro students had registered in the all-white Central High School. None of them came to the school Tuesday, the first day of school. That afternoon the school board asked the federal court what it should do. Federal Judge Ron ald N. Davies of Fargo, N.D., serving temporarily in the Little Rock district because of a vacancy, ordered the school board to go ahead with integration the next morning. He had read the govern or’s speech and said he was taking Gov. Faubus at his word that the troops were there to preserve peace, not to act as segregationists or integrationists. NINE APPEAR On Wednesday, the second day of school, nine Negroes came. The troops turned them away. Crowds of a few hun dred persons had gathered both morn ings. There was some jeering of the Ne gro students but no one was touched or hurt. The school board returned to federal court on Thursday with a plea that the integration plan be delayed indefinitely. Gov. Faubus sent a telegram to Pres ident Eisenhower on Friday, Sept. 6, saying that his representatives were willing to meet with the FBI and dis cuss the evidence of impending violence known to Faubus. This evidence the governor had declined to disclose. News men on their own tried and failed to verify his claims about weapon sales, the seizure of revolvers and the exist ence of caravans from other towns. Judge Davies heard the school board plea for a delay on Saturday and re fused it, so the board announced that the plan was in effect again and that Central High would be open Monday to Negro students. None came. GETS FBI REPORT Davies received Monday afternoon (Sept. 9) the report of the FBI on why the federal court integration order and injunction had not been carried out. He then ordered the Department of Justice, acting as friend of the court, to begin injunction proceedings against Faubus, Maj. Gen. Sherman T. Clinger, the state adjutant general and Guard commander, and Lt. Col. Marion E. Johnson, com mander of the Guard detachment at Central High. During the week a conference of Gov. Faubus with President Eisenhower was arranged and took place Saturday (Sept. 14) at Newport, R. I. Both said it was “constructive.” After that, all that was left was the courtroom collision of the state’s chief executive with federal authority. That came Friday, Sept. 20, Gen. Clinger and Col. Johnson were subpoenaed over pro test and were in court; Faubus, not subpoenaed, was represented by his lawyers. FIVE DECISIONS In five preliminary decisions Judge Davies (1) overruled a motion by Fau bus that Davies disqualify himself for being prejudiced against Faubus and for the government and the Negro students; (2) allowed the Negro students to adopt as their position the Justice Depart ment’s injunctive pleading; (3) refused to quash the service of subpoenas on Clinger and Johnson, requested by Fau bus on the ground that they couldn’t be subpoenaed while on active militia duty; (4) refused to entertain a motion by Faubus that the injunction hearing be turned over to a three-judge court; (5) denied a plea by Faubus that the court did not have jurisdiction anyway. The governor’s attorneys then an nounced their contention that the court did not have jurisdiction, asked permis sion to leave and walked out. Evidently it was planned that way, for back at the executive mansion the Governor was ready before it was over with a written statement that started “Now begins the crucifixion . . .” In the hearing the federal government put on 8 of the 105 witnesses it had sub poenaed, including the school superin tendent, the mayor and police chief of Little Rock, the Central High School principal, the president of the school board and three of the nine Negro chil dren. Supt. Blossom said he had never asked the governor to call out the guardsmen. No evidence that violence was imminent came from any of the wit nesses. Judge Davies promptly granted a temporary injunction against inter ference with the court integration order by Gov. Faubus or the National Guard. Three hours later Faubus ordered the guardsmen to leave the school. fer oecause it relates to matters of a dif- orin- 1 * , nature from the subject involved in the ° n gmal action. ■The petition was prematurely filed funder es of procedure], is wwf petitioner ’ the United States of America, this °t- w *fh° u f authority to file and maintain *holl versus the respondent, and the court is tj. y w fthout jurisdiction to entertain such peti- Arw^ t0 ® ran f an y rehef thereon. . . •NED AT THE STATE the T * US court i s wholly without jurisdiction of of t , persons of respondent and the subject matter e petition because tejjL. Petition is in truth and in fact an at- ^kansa aCtion against th e sovereign State of Ttest' court is wholly without jurisdiction to spo nd lon (h e judgment or discretion of the re- Sas ® rva l U Faubus, the governor of Arkan- ^rform • 0t ^ er respondents subordinate to him, in them l ln ® (heir duties made mandatory upon by ‘he Constitution and the laws of Arkan- The petition of the United States of America as amicus curaie for a preliminary injunction against Gov. Faubus, Gen. Clinger and Col. Johnson and all others named in the petition is granted and such injunction shall issue without delay enjoin ing those respondents from obstructing or pre venting by the use of the National Guard or other wise the attendance of Negro students at Little Rock High School under the plan of integration approved by this court and from otherwise ob structing or interfering with orders of this court in connection with the plan of integration. . . Th — 1>e gan mot ‘ on f° dismiss was denied, the hearing "'thd' an< * su hsequently the Governor’s attorneys "itn e le "' ^ ew °f (he federal government’s 105 this , SSe , S were called. Then Judge Davies issued ' ^ erba l statement: v ® r y clear to this court from the evidence It is SJicj ^ " clear to this court from the evidence that tv," tes tl m ony adduced upon the hearing today Rock 6 plan f° r integration adopted by the Little the q cllo ol board and approved by this court and heeq th" 1 ^ J ^PP ea l s f° r the Eighth Circuit has Dse 0 j farted by the governor of Arkansas by the °Hstr ;i u] at ional Guard troops. It is equally dem- *om<j i 6 f rom the testimony here today that there Wan 0 f aVe heen no violence in carrying out the 'Tol enc ln tegration, and that there has been no The National Guard was withdrawn. That eve ning Gov. Faubus spoke, in part, as follows: ... I have instructed my attorneys to exhaust every legal remedy to appeal this order. However, so long as this order is in effect and until its cer tain reversal on appeal, I will comply as outlined by my attorneys in their statement to the court. I have tried to follow a course that would preserve and maintain the peace and order in Little Rock and in the state. The calling out of the Guard and every order to its commander was designed to achieve that pur pose. Now that a federal court, however, has chos en to substitute its judgment for mine as to how the peace and order should be preserved, I must temporarily at least abide and therefore I have issued orders that all units of the Arkansas Na tional Guard stationed at the high schools in Little Rock be removed therefrom as soon as this can be accomplished. . . I think it was quite clear that the cardinal point at issue in this whole controversy is the means by which integration is to be achieved. NEED ‘PEACEFUL MANNER’ It is my firm belief that it can be successful only if it is accomplished in a peaceful manner, which means acceptance by a majority of the people of any area affected. . . Now that my authority to preserve and main tain the peace and good order of this community has been so curtailed by this unwarranted action of Judge Davies, I can only offer a fervent prayer that the same thing will not happen here that has happened in other states in recent years. . . It is inconceivable to me that the parents of the Negro children who have already been enrolled at Central High School . . . would want their chil dren in the school now in the situation that pre vails ... If by their own volition the Negroes would refrain from seizing upon that [court-de clared] right to [attend the school] until such time as there is assurance that it can be accomplished in a peaceful manner as it has been in other sec tions of the state it would be an act of prudence and good judgment that would be applauded by a vast majority of the people. . . I appeal now for reason and clear thinking and good order . . . The public peace will be pre served. . . On Sept. 21 President Eisenhower issued two statements from Newport. The first hailed the withdrawal of the National Guard. The second elaborated on the first. Little Rock police were stationed at the school Sept. 23. The Negro children entered and subse quently were withdrawn during the events of the day, Later, President Eisenhower issued the fol lowing statement and proclamation. THE STATEMENT I want to make several things very clear in con nection with the disgraceful occurrences of today at Central High School in the city of Little Rock: They are: 1. The federal law and orders of a United States District Court, implementing that law, cannot be flouted with impunity by any individual, or any mob of extremists. 2. I will use the full power of the United States, including whatever force may be necessary to to 1,000. The nine Negro students went in a side door while the crowd was chasing four Negro newsmen. By noon the crowd was judged to be so noisy and threatening that city and school author ities agreed to take the Negro students out, and did. That afternoon President Eisenhower issued a proclamation or dering the people to disperse and cease interfering with the court order but about 250 persons gathered at the school next morning. President Eisenhower then ordered the Arkansas National Guard into federal service and part of the 101st Airborne Division (which is racially integrated) to surround the school and see that the court order was carried out. On Wednesday morning (Sept. 25) the nine Negro boys and girls went back to school. There was no trouble. The state attorney general announced on Sept. 16 that he had taken a deposi tion from Mrs. L. C. Bates of Little Rock, president of the Arkansas Conference of Branches of the National Association for the Advancement of Colored People, in connection with his civil suit against the NAACP. He said that Mrs. Bates had refused to answer some questions on the ground that she was privileged not to answer them under the Fourteenth Amendment to the U. S. Constitution. Atty. Gen. Bennett said she declined to give the names and addresses of the state officers of the NAACP and to an swer questions about NAACP records, reports and solicitations. FAILED TO REGISTER In this lawsuit, in Pulaski County (Little Rock) Chancery Court (State of Arkansas v. NAACP, Inc., 108603) Bennett alleges that the NAACP failed to register with the state as a corpora tion until April 1957 but that it had been doing business in the state seven years and owes $50 a year in corporation fran chise taxes. In U. S. District Court at Little Rock, a three-judge court declined on Sept. 19 to consider a lawsuit by 10 Negro ministers attacking the validity of four Arkansas segregation laws. The court ruled that the state courts must pass on the constitutionality of state laws before their validity can be questioned in a (See ARKANSAS, Page 5) prevent any obstruction of the law and to carry out the orders of the federal court. 3. Of course, every right-thinking citizen will hope that the American sense of justice and fair play will prevail in this case. It will be a sad day for this country—both at home and abroad—if school children can safely attend their classes only under the protection of armed guards. 4. I repeat my expressed confidence that the citizens of Little Rock and of Arkansas will respect the law and will not countenance violations of law and order by extremists. THE PROCLAMATION Whereas, certain persons in the state of Arkan sas, individually and in unlawful assemblies, com binations, and conspiracies, have wilfully obstruct ed the enforcement of orders of the United States District Court for the Eastern District of Arkansas with respect to matters relating to enrollment and attendance at public schools, particularly at Cen tral High School, located in Little Rock school dis trict, Little Rock, Ark., and Whereas, such willful obstruction of justice hin ders the execution of the laws of that state and of the United States, and makes it impracticable to enforce such laws by the ordinary course of judicial proceedings, and Whereas, such obstruction of justice constitutes a denial of the equal protection of the laws secured by the Constitution of the United States and im pedes the course of justice under those laws; Now, therefore, I, Dwight D. Eisenhower, Presi dent of the United States, under and by the virtue of the authority vested in me by the Constitution and statutes of the United States, including Chap ter 13 of Title 10, of the United States Code, par ticularly Sections 332, 333 and 334 thereof, do command all persons engaged in such obstruction of justice to cease and desist therefrom, and to disperse forthwith . . . # # #