1961 US Commission on Civil Rights Report Book 2 - University of ...

NOTES: EDUCATION, Chapter 10
1. U.S. Const, art. II, sec. 3.
2. In re Neagle, 135 U.S. i, 59 (1890).
3. Williamsburg Transcript 5.
4. Washington (D.C.) Post, Jan. 13,<strong>1961</strong>, p. iB.
5. 347 U.S.483 (i954).
6. 135 F. Supp. 296 (E.D. Ark. 1955); 137 F. Supp. 364 (E.D. Ark.
i 95 6),aff'd 238F.2d.9i (8thCir. 1956).
7. Brief of the United States as amicus curiae, p. I, Brewer v. Hoxie
School District No. 46, Civ. No. 15510, 8th Cir. 1956.
8. Id. at 3. "The United States also filed a Brief as amicus curiae in
the School Segregation Cases. Its interest in doing so as set forth
therein applies with equal force here. Our concern common to
both cases is with 'the affirmative government obligation to insure
respect for fundamentally human rights'—regardless of whether
such rights are threatened as here by action against those duly constituted
officials who are responsible for their being protected and
secured, or by action against those individuals for whose benefit
they exist." Ibid.
9. Brewer v. Hoxie School District, 238 F. 2d. 91, 99 (8th Cir. 1956).
TO. Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575,
581 (1946).
11. Kasper v. Brittain 245 F. 2d. 92 (6th Cir. 1957), cert, denied, 355
U.S. 834 (1957). Further obstruction of court orders by Kasper
and associates were the object of separate criminal contempt proceedings
initiated by the U.S. Attorney in December 1956 and concluded
with a conviction in United States v. Bullock and United
States v. Kasper, Civ. No. 1555, E.D. Tenn. July 23, 1957, 2 Race
Rel. L. Rep. 796 (1957), aff'd, 265 F. 2d 683 (6th Cir. 1959),
cert, denied, 360 U.S. 909 (1959).
12. The Little Rock School Board had adopted a desegregation plan
for its high schools on May 24, 1955; the district court upheld the
school board's plan in Aaron v. Cooper, 143 F. Supp. 855 (E.D.
Ark. 1956), and the Court of Appeals affirmed the decision, 243
F.2d36i (8th Cir. 1957).
13. 2 Race Rel. L. Rep. 937-8 (1957). The proclamation stated that
troops were dispatched "to accomplish the mission of maintaining
or restoring law and order and to preserve the peace, health, safety,
and security of the citizens."
14. Aaron v. Cooper, 156 F. Supp. 220, 225 (E.D. Ark. 1957), aff'd
sub nom., Faubus v. United States, 254 F. 2d 797 (8th Cir. 1958),
cert, denied, 358 U.S. 829 (1958).
15. 254 F.2d 797 (8th Cir. 1958).
229