855. Regular army troops continued at the high school until November 27, 1957. The Board's petition for postponement in this proceeding states: 'The effect of that action [of the Governor] was to harden the core of opposition to the Plan and cause many persons who theretofore had reluctantly accepted the Plan to believe there was some power in the State of Arkansas which, when exerted, could nullify the Federal law and permit disobedience of the decree of this [District] Court, and from that date hostility to the Plan was increased and criticism of the officials of the [School] District has become more bitter and unrestrained.' After hearings on the petition, the District Court found that the School Board's plan had been obstructed by the Governor through the use of National Guard troops, and granted a preliminary injunction on September 20, 1957, enjoining the Governor and the officers of the Guard from preventing the attendance of Negro children at Central High School, and from otherwise obstructing or interfering with the orders of the court in connection with the plan. 44, and, through the initiative, a pupil assignment law, Ark.Stats. The Court may be asked to reconsider its decisions, and this has been done successfully again and again throughout our history. Email Address: See available information. William G Smith is Sr VP:Finance/Chief Acctg Ofcr at Cooper Health System. The progress that has been made in respecting the constitutional rights of the Negro children, according to the graduated plan sanctioned by the two lower courts, would have to be retraced, perhaps with even greater difficulty because of deference to forcible resistance. No explanation that may be offered in support of such a request can obscure the inescapable meaning that law should bow to force. The significance of these findings, however, is to be considered in light of the fact, indisputably revealed by the record before us, that the conditions they depict are directly traceable to the actions of legislators and executive officials of the State of Arkansas, taken in their official capacities, which reflect their own determination to resist this Court's decision in the Brown case and which have brought about violent resistance to that decision in Arkansas. It can act in no other way. 149. To that end, they set apart a body of men, who were to be the depositories of law, who by their disciplined training and character and by withdrawal from the usual temptations of private interest may reasonably be expected to be 'as free, impartial, and independent as the lot of humanity will admit'. 1083, be reinstated. That we declined to do. 84. 677, 703, 91 L.Ed. Sterling v. Constantin, 287 U.S. 378, 397-398, 53 S.Ct. William Wager Cooper (1914-2012) est un universitaire, mathématicien et économiste américain, spécialisé en recherche opérationnelle, connu pour être un père des sciences de la gestion et "M. Linear Programming " [ 1 ], [ 2 ]. Bolling v. Sharpe, 347 U.S. 497, 74 S.Ct. 1 August Special Term, 1958. The Governor's action caused the School Board to request the Negro students on September 2 not to attend the high school 'until the legal dilemma was solved.' at page 756. William G. COOPER et al., Members of the Board of Directors of the Little Rock, Arkan- sas Independent School District, and Virgil T. Blossom, Superintendent of Schools, petitioners, v. John AARON et al. What could this mean but to acknowledge that disorder under the aegis of a State has moral superiority over the law of the Constitution? John AARON et al. The District Court's judgment was dated June 20, 1958. William Cooper's Reputation Profile Not the right William Cooper?View Others. Father of Reva Ione Enockson; Russell Alexander Cooper; Floy Adele Cody; Keith Merlin Cooper and Private. On September 25, however, the President of the United States dispatched federal troops to Central High School and admission of the Negro students to the school was thereby effected. See William G Smith's compensation, career history, education, & memberships. William G. COOPER et al., Members of the Board of Directors of the Little Rock, Arkansas Independent School District, and Virgil T. Blossom, Superintendent of Schools, Petitioners, v. John AARON et al. Our constitutional ideal of equal justice under law is thus made a living truth. The Court of Appeals affirmed, 8 Cir., 243 F.2d 361. Review of that judgment was not sought here. 13. * This opinion of all of the members of the Court embodies those views. On the other hand, a District Court, after analysis of the relevant factors (which, of course, excludes hostility to racial desegregation), might conclude that justification existed for not requiring the present nonsegregated admission of all qualified Negro children. Smith v. Texas, 311 U.S. 128, 132, 61 S.Ct. Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. Chief Justice Taney, speaking for a unanimous Court in 1859, said that this requirement reflected the framers' 'anxiety to preserve it [the Constitution] in full force, in all its powers, and to guard against resistance to or evasion of its authority, on the part of a State. As a result of these discussions, the Board reached the conclusion that 'a large majority of the residents' of Little Rock were of 'the belief * * * that the Plan, although objectionable in principle,' from the point of view of those supporting segregated schools, 'was still the best for the interests of all pupils in the District.'. 'Civilization involves subjection of force to reason, and the agency of this subjection is law.' of Pennsylvania v. Board of Directors of City Trusts of Philadelphia, 353 U.S. 230, 77 S.Ct. Find the obituary of William G. Cooper (2018) from Germantown, WI. 'A government of laws and not of men' was the rejection in positive terms of rule by fiat, whether by the fiat of governmental or private power. Buchanan v. Warley, 245 U.S. 60, 81, 38 S.Ct. View Photos. It was made plain that delay in any guise in order to deny the constitutional rights of Negro children could not be countenanced, and that only a prompt start, diligently and earnestly pursued, to eliminate racial segregation from the public schools could constitute good faith compliance. Join Facebook to connect with William G. Cooper and others you may know. The State of Arkansas is thus responsible for disabling one of its subordinate agencies, the Little Rock School Board, from peacefully carrying out the Board's and the State's constitutional duty. The Court of Appeals did not act on the petition for a stay but on August 18, 1958, after convening in special session on August 4 and hearing the appeal, reversed the District Court, 257 F.2d 33. On the following day we unanimously affirmed the judgment of the Court of Appeals for the Eighth Circuit, 257 F.2d 33, which had reversed a judgment of the District Court for the Eastern District of Arkansas, 163 F.Supp. For those in authority thus to defy the law of the land is profoundly subversive not only of our constitutional system but of the presuppositions of a democratic society. On September 2, 1957, the day before these Negro students were to enter Central High, the school authorities were met with drastic opposing action on the part of the Governor of Arkansas who dispatched units of the Arkansas National Guard to the Central High School grounds and placed the school 'off limits' to colored students. Is there not the strongest reason for concluding that to accede to the Board's request, on the basis of the circumstances that gave rise to it, for a suspension of the Board's non-segregation plan, would be but the beginning of a series of delays calculated to nullify this Court's adamant decisions in the Brown case that the Constitution precludes compulsory segregation based on color in state-supported schools? The situation here is in no different posture because the members of the School Board and the Superintendent of Schools are local officials; from the point of view of the Fourteenth Amendment, they stand in this litigation as the agents of the State. The Negro children entered the high school that morning under the protection of the Little Rock Police Department and members of the Arkansas State Police. The Board therefore proposed that the Negro students already admitted to the school be withdrawn and sent to segregated schools, and that all further steps to carry out the Board's desegregation program be postponed for a period later suggested by the Board to be two and one-half years. UNLOCK PROFILE. To withhold it, and indeed to use political power to try to paralyze the supreme Law, precludes the maintenance of our federal system as we have known and cherished it for one hundred and seventy years. On February 20, 1958, the School Board and the Superintendent of Schools filed a petition in the District Court seeking a postponement of their program for desegregation. Concurring opinion of Mr. Justice FRANKFURTER. On May 17, 1954, this Court decided that enforced racial segregation in the public schools of a State is a denial of the equal protection of the laws enjoined by the Fourteenth Amendment. at page 756. 'But from their own experience and their deep reading in history, the Founders knew that Law alone saves a society from being rent by internecine strife or ruled by mere brute power however disguised. Had Central High School been under the direct management of the State itself, it could hardly be suggested that those immediately in charge of the school should be heard to assert their own good faith as a legal excuse for delay in implementing the constitutional rights of these respondents, when vindication of those rights was rendered difficult of impossible by the actions of other state officials. The following was the Court's per curiam opinion, 78 S.Ct. The next day, September 3, 1957, the Board petitioned the District Court for instructions, and the court, after a hearing, found that the Board's request of the Negro students to stay away from the high school had been made because of the stationing of the military guards by the state authorities. One may well sympathize with the position of the Board in the face of the frustrating conditions which have confronted it, but, regardless of the Board's good faith, the actions of the other state agencies responsible for those conditions compel us to reject the Board's legal position. The record before us clearly establishes that the growth of the Board's difficulties to a magnitude beyond its unaided power to control is the product of state action. In its petition for certiorari filed in this Court, the School Board itself describes the situation in this language: 'The legislative, executive, and judicial departments of the state government opposed the desegregation of Little Rock schools by enacting laws, calling out troops, making statements villifying federal law and federal courts, and failing to utilize state law enforcement agencies and judicial processes to maintain public peace.'. Current Address: WDZY Patten Hill Rd, Candia, NH. They are at one with the Justices still on the Court who participated in that basic decision as to its correctness, and that decision is now unanimously reaffirmed. William is now married. Brown v. Board of Education, 349 U.S. 294, 75 S.Ct. That the responsibility of those who exercise power in a democratic government is not to reflect inflamed public feeling but to help form its understanding, is especially true when they are confronted with a problem like a racially discriminating public school system. Search LittleSis for 'WILLIAM G COOPER' Other officers in MR. GRAY RESTAURANT, LLC Showing first 30 . However, we should answer the premise of the actions of the Governor and Legislature that they are not bound by our holding in the Brown case. He was expressing the aim of those who, with him, framed the Declaration of Independence and founded the Republic. Under the aegis of a State Sovereignty Commission, Ark.Stats constitutional ideal of equal justice under law is. moderated. 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