The Eighth Circuit Court of Appeals was informed today…

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NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
10 COLUMBUS CIRCLE * NEW YORK 19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS oa THURGOOD MARSHALL 
President Director-Counsel 

ST. LOUIS, MO., July ea Eighth Circuit Court of Appeals 

was informed today that District Judge Harry J. Lemley erred in 

granting the Little Rock School Board permission to postpone desegre- 

gation for 24 years. 

The court was advised that Judge Lemleydid not have sufficient 

evidence and had no power to suspend, postpone or rescind the 1956 

decree approving the plan of gradual integration which was later 

affirmed by the Eighth Circuit, 

These contentions were presented in a brief filed here today 

with the Eighth Circuit Court of Appeals by Thurgood Marshall and 

Wiley A, Branton in support of the appeal to have Judge Lemleyts 

order of Jung 20 set aside, 

The attorneys for the Negro students who attended the Little 

Rock Central High School made three basic points: One is that com= 

munity opposition to integration, even if expressed through overt 

acts of trespass and intimidation, "does not constitute a legally 

sufficient ground for suspending the operation of a plan for gradual 

racial integration of public schools heretofore approved by the 

District Court and by this Court," 

"Placing a premium on opposition to public school desegregation 

by illegal means rather than by democratic methods can only result 

in encouraging lawless elements opposing compliance.,.and frustrating 

those seeking compliance in a lawful manner," they argue. In short, 

preventing racial tension or conflict is no ground for deprivation of 

constitutional rights, 

The second point made by the attorneys is that "the District 

Court had no power to suspend, postpone or rescind the decree approv~ 

ing appelleest plan of gradual integration efter affirmance by this 

court on appeal," 



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w 

ise 

Here they point out that once a higher court affirms a decree a 

lower court cannot change that decree without getting permission from 

the higher court to modify it. Therefore, Judge Lemley had no author- 

ity to grant the Little Rock School Board's request for postponement, 

the attorneys argue. 

The last point made in the brief is that "aside from the lack 

of constitutional authority for the lower court's order, its effect 

as a precedent will be disastrous to our whole concept of constitu- 

tional government," 

The attorneys conclude that it is clear that the possibility of 

"a genuine danger of violence and civil commotion" cannot be used as 

a basis for interrupting the plan of integration. Following Judge 

Lemley's refusal on June 23 to grant a stay of his postponement order, 

attorneys Marshall and Branton appealed to the Eighth Circuit Court 

on June 2; for a stay of the order. 

However, since that court was in summer recess, on June 26 the 

attorneys filed a petition for a writ of certiorari in the U. S. 

Supreme Court to review Judge Lemley's order before judgment of the 

Court of Appeals. The petition was denied on June 30. However, the 

Supreme Court stated: "We have no doubt that the Court of Appeals 

will recognize the vital importance of the time element in this liti- 

gation and that it will act upon the application for a stay or the 

appeal in ample time to permit arrangements to be made for the next 

school year," 

Arguments before the appellate court is scheduled to begin on 

August in St. Louis. 

Other attorneys who appear on the brief filed on behalf of the 

Negro students are Irma Robbins Feder, Constance Baker Motley and 

Elwood H. Chisolm, all of New York, and Spottswood W, Robinson of 

Richmond, Va. 
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