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Supreme Court — Part 27

83 pages · May 11, 2026 · Document date: Sep 2, 1958 · Broad topic: General · Topic: Supreme Court · 82 pages OCR'd
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Ph a ret ete ; f r wl ’ 0-19 (Rev. 7-18-58) — t in The=Court Closes’ the Door = ba) ! 1" | | delays merely to satisfy the antagonistic oe. es ', Tolson Us Gre rsfaimont x. eee - ag ET IT en ee ‘THE Supreme Court has removed the °. Also cited is the opinion of Chief Jus- last, TaMit Suspicion that it might tice John Marshall, speaking for. the relent on integration; or that it might unanimous court in 1803: “It is em- countenance any of the various schemes phatically the province and duty of the - judicial department to say- what the law . for “getting around” its rulings. | ; ao ” That principle has, as the court - It not only rejected the anti-integra- Gkservad yesterday, “been respected by * this court and the country as a perma- ) tion maneuvers. of Arkansas but tele- graphed its punches to other states which are similarly inclined. “Deliberate speed” permits time allowances for me- chanical arrangements, but admits no nent and indispensable feature of our constitutional system,” for the last cen- tury and a half. oO aan Doubt is justified that those who. sentiments of the communities involved, have questioned Supreme Court author- Negroes to the schools doubtlessly will tem acting as “referee” be tried but legally, on the basis of this decision, they are doomed to fail. Even more importantly, the court The question remains: How is the dealt head-on with the question raised | court to enforce its orders? This prob- by Gov. Faubus as to-whether the opin- lem has arisen only rarely in our history. ions of the Supreme Court are the “law. When state authorities default on or: . of the land” which the Governor and the defy a Supreme Court order, enforce- - of domestic . citizens of Arkansas are bound to obey.’ ment is an obligation of the executive . . “This Constitution . .. shall be the au- em ee ee In this connection it cited Article VI Hf ‘ously | ” of the Constitution which says that e obviously intends to fulfill that obli that he has no legal alternative. It is to be hoped that resisting state officials will now be able to say to their . people that they have exhausted all legal preme law of the land and the judges in every state shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstand- any : me wo ce the validity of the decision and try to. It points out that Arkansas officials flive with it, In a government based on including the governor are sworn to |respect for law it should be possible to support the Federal Constitution and, in [work out of this situation without fur- ~ eifect, holds them jn violation of that |ther resort either to violence or the use 08 bees eT of troops. L ; ——e 7 me aan 4 ome gt Aum _¢ -fou. b |G2-275 45.4 © NOT RECORDED 184 OCT 10 1958 ee] 5O OCT LO 1998 <sew Val eM ae ; meee ity ever intended anything beyond an Other ways to avoid admission of delaying action. Without a judicial sys-- . differences, orderly government would - not be possible. . . i branch of Government—the President. - gation holding, correctly in our opinion, ~. , recourse, that they must now accept ° ohr —,~ Nease Parsons Rosen _ Tamm Trotter Wc. Var Tele. Réom _ Holloman —_ Gandy « Wash. Post and Times Herald + Wash, News Wash. Star N. Y. Herald —__. Tribune N.Y. Journal+ American N. Y. Mirror N. Y. Daily News N. Y. Times Daily Worker The Worker New Leader D stra ate
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