ARKANSAS: Shutdown in Little Rock

Orval Faubus, Governor of Arkansas, was seated at the head of a long table in the conference room next to his office. He was presiding at a routine public meeting of state-election commissioners. A beefy, cigar-chewing reporter sidled up to the Governor, whispered in his ear the news of the Supreme Court’s decision. Faubus listened impassively, nodded and said nothing. Then he leaned toward State Attorney General Bruce Bennett, sitting at his side, and the two whispered, gestured, broke out laughing.

By late afternoon Faubus was ready to announce his plans. At 4:25 an aide left the Governor’s office, filed with the secretary of state a sheaf of anti-integration laws enacted by the legislature at the Governor’s behest; Orval Faubus had been keeping them on his desk for two weeks. Now, freshly signed, they had the power of law. Then he called in the press and read his announcement in a flat, tense voice: “Acting under the powers and responsibilities imposed upon me by these laws, I have ordered closed the senior high schools of Little Rock, in order to avoid the impending violence and disorder which would occur, and to preserve the peace of the community.” Under another law Faubus proclaimed a school-district referendum for Oct. 7 on whether the schools should be integrated and reopened. Of the three white high schools in Little Rock, only Central has attempted integration.

Faubus knew that he was bound to reap the growing outrage of parents and students who wanted their schools open—integrated or no. He knew too that his act defied a federal court order prohibiting him from obstructing Central High School’s integration progress. Suddenly, out of nowhere, came an admitted Little Rock segregationist named Gertie Garrett to file suit against the Governor in Chaneery Court. Ostensible purpose: to test the constitutionality of the school-closing law in state courts. Though the Governor’s office denied any complicity, it seemed likely that the suit was designed to 1) head off the growing parent-student clamor, and 2) put a test case to a state court, thus (hopefully) precluding immediate federal action against the same law.

At week’s end the Little Rock city council issued a statement: “If and when Central High School is integrated, the responsibility is clearly that of the Federal Government. However [the municipal government] will protect life and property.” And while more than 100 deputies came and went from U.S. Marshal Beal Kidd’s office, sign painters were busy preparing ominous notices: WARNING—DEPUTY UNITED STATES MARSHALS WEARING SPECIAL ARM BANDS AND OTHER IDENTIFICATION ARE ON OFFICIAL DUTY IN THIS VICINITY. THEY ARE ASSISTING IN THE EXECUTION OF ORDERS OF THE FEDERAL COURT. ANY PERSON INTERFERING WITH OR OBSTRUCTING SAID DEPUTY MARSHALS; IN THE PERFORMANCE OF THEIR DUTIES IS LIABLE TO CRIMINAL PROSECUTION UNDER FEDERAL LAW.