In Chapter 9, the governor's attorneys walked out of the court as a protest. The lead attorney, Tom Harper, had initially asked Judge Ronald Davies to disqualify himself from the case, as he had been appointed by the federal government to preside over the arguments. The governor's attorneys feared the judge would be biased against the state, so their main priority was to get Judge Davies off the case.
Later in the proceedings, Tom Harper asked that Judge Davies dismiss the case altogether, claiming the case involved constitutional issues that would require a three-judge panel to proceed. Judge Davies asserted that the hearing would continue. Tom Harper then read a statement on behalf of all the governor's attorneys. He stated that the governor and the state's military officials would not concede their constitutional power to the federal government and that they reserved the right to administer the affairs of the state according to their best judgement.
After reading the statement, the governor's attorneys vacated the courtroom because they felt the case was stacked against them. Also, they believed the federal government had overstepped its authority, making their walk-out a protest of sorts. For his part, Judge Davies remained unperturbed by the actions of the governor's attorneys. He calmly pounded the gavel and called the court to order.
When the Department of Justice attorneys proclaimed that they were prepared to offer more than a hundred witnesses in support of the order for integration, Judge Davies said the one hundred witnesses would be allowed to have their day in court after the recess.
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