Evening star., 1944-12-17
Group Will TEST
Referendum in
Virginia Courts
Limiting Convention
To War Voters Act
Stirs Opposition
BY the Associated Press.

RICHMOND, Va, Dec. 16.-Oppo-
sition to a constitutional convention
limited to the sole task of remov-
ing barriers to a new War Voters
Act took the form today of definite
plans for test in court.
Moss A. Plunkett, Roanoke attor-
ney and president of the Southern
Electoral Reform League and Its
Virginia branch, said he would in
stitute a court test on the request of
several groups.
Such a test, Mr.. Plunkett said.
might be In court by next week or it
might not be had until March or
April, depending on what proceed
ings can be brought.
Mr.. Plunkett said he could not re-
veal now what groups had requested
him to study the matter, but that
they we're from among those who
already have made known their op-
position to a limited convention,
These include, he added, the CIO,
the Southern Electoral Reform
League, the Republicans, the Com
mittees of 100 and two or three
others"
Darden to Defer Date.
Gov. Darden, who today signed
the bill passed by the General As
sembly yesterday, said he would
probably defer for two or three
weeks decision on a date for the
referendum provided for in the
roaoc1tre The Coyoy,,or e,;d - l.S
been informed by member of the
Richmond delegation that a test
case would be brought.
The bill, which was vigorously
attacked during debates over
amendments in both Houses yester-
day, undertakes to restrict the work
of the convention to the one item of
removing the constitutions poll tax
and registration requirements, for
servicemen.
Efforts in the Senate and the
House to amend the bill to allow for
vote on an unrestricted convention
were rejected by administration
forces-in the Senate by a vote of
81 to IA and in the House, Sc to "a.
The bill calls for an election with
in 80 days from yesterday on a date
to be set by the Governor.
Special Elections to Be Held.
Special elections to fill vacancies
in the General Assembly-three in
the Senate and one in the House
an dto name successor to Repre-
sentative Satterfield in the Third
District will probably be set to CO.
incide with the referendum, the
Governor said.
| If the people vote for a con-
stitutional convention. the General
Assembly would meet again in
special session to provide for the
election of delegates and make
other preparations.
To this session, the Governor
said, he was most hopeful of pre-
senting the first step of q school
program" along the lines of the
Denny Commission report. The
nature of this step was not revealed
pending the release of the Com
missions report.
Gov. Darden said the next session
would be presented also with the
matter of correcting the Spiers bills
passed at the 1914 session to con-
form with the constitution in the
matter OF length of terms prescribed
for members of the boards of visitors
OF the State institutions of higher
learning. The bills provide for
some appointees to hold five-year
terms, whereas the constitution pro-
vides for a maximum of four years.
Two Courses Open on Test.
Mr.. Plunkett said a test of the
referendum bill might be brought
either through injunction proceed
ings or by having a declaratory
Judgment. Injunction proceedings
might require until March or April
for test, he said, since the court
probably would hold that the bill
has the status of "a legislative
process until such time as it is put
into actual effect and some action
taken under it.
A declaraatory judgment would
be much speedier, he said.
L. Mccarthy Downs, State auditor
who was elected by the Assembly
yesterday to the State Corporation
Commission, was sworn into office
today by Judge Harvey B. Apperson,
who himself was sworn to the COM
mission less than a year ago. Judge
Downs was elected to the vacancy
created by the death of Judge
Thomas w. Ozlin.
j. Gordon Bennett, who served as
first assistant to Mr.. Downs in the
auditors office, was sworn into office
as State auditor by Judge John L.
Ingram in Hastings Court.