Evening star., 1944-12-14
Virginia Opens
Special Session
On Convention
Clarke and Medley
Doubt Legality Of
Instructing Delegate!

suSAt HSsSS0tSS
As the Virginia General Assembly
prepared to 60 into special session
today to remedy It's own unconsti-
tutional effort to give soldiers the
vote, doubt was expressed by two
Washington area State Senators
that a proposed constitutional con-
vention could be limited to the war
voters law by either the Governor
or Legislature.
State Senators Andrew w. Clarke,
Alexandria, and william d. Medley,
Arlington, said 1t appeared that the
State constitution provided merely
for the Legislature to put the ques-
ton of a constitutional convention
before the people, and that in so
doing, it could not be restricted to
any one issue.
John Locke Green, Republican,
Arlington County treasurer, in q
letter yesterday to Gov. Darden,
pointed out that under section 1877
of the State constitution the calling
of an instructed, convention would
be illegal. Mr.. Green said only one
question-shall a convention be
called to amend the State constitu-
tion?-should be put before the
people.
Backs Green's View.
Senator Medley said that while he
had not gone into the legal phases
Of the question thoroughly, it zap
peared that Mr.. Green was correct
In his assumptions" He added, how
ever, that the ballots might carry a
second question-"Do you favor lin
iting the convention to providing a
valid soldier vote law?"
Senator Clarke said he would not
favor calling an uninstructed con-
vention" at this time, and that he
would investigate thoroughly the
possibilities of providing the SOL
diers a vote without the necessity
OF amending the constitution.
Senator Clarke pointed out that
during the World War we got pro-
hibition without our soldiers having
say-so, and an uninstructed con-
vention would bring about changes
in the State laws without service
men and women having voice in
the proposals.
Both Republicans and antiorgan-
ization Democrats have favored
general abolition of the State poll
tax by a convention called to give
the soldiers a vote, and the Repub-
licans, in addition, have advocated
general revision of the constitution
If a convention is held. The Amer
ican Legion, however, has supported
the Governor In his demands that
convention be limited to the one
question.
Hope for Poll Tax Repeal.
Meanwhile, State Senator Edward
L. Breeden, jr., Norfolk, chairman
OF the Advisory Legislative Council,
and Robert A. Johnson, Norfolk,
legislative chairman for the CIO
IN Virginia, expressed hope that the
Legislature would open the way
for poll tax repeal.
Senator Breeder said that if the
special session does not set in motion
machinery for referendum on the
question Of complete poll tax repeal
ne Will suggest repeal resolution
be referred to the Advisory Legis-
lative Council for study and report
at the next special session, ex-
pected to be held in January.
Mr.. johnson, who Is president of
the Tidewater CIO Council, issued
a challenge to the administration
and the Assembly to open up the
convention to permit the complete
scrapping Of the poll tax provision
OF the Constitution as a prerequisite
to voting.
In addition to the soldier vote
law, which was declared unconstitu-
tional by the State Court of Appeals,
doubt has been raised concerning
the constitutionality of five other
acts passed by the 1914 General
Assembly.
Sees Constitutional Conflict.
Delegate John B. Spiers, Radford
patron Of the bills providing for
the appointment, on q staggered
system, Of members to the boards
OF visitors for institutions of higher
learning, said these laws evidently
are in conflict with section 142 Of
the constitution.
The acts, relating to the boards
at the University of Virginia, Vir-
ginia Military Institute, Virginia
Tech, William and Mary and the
Medical College Of Virginia provide
for flve-year terms for some of the
appointees.
The Governor, in response to a
question, said he had no comment to
make concerning the constitution
ality of the acts or whether the mat
ter might come before the session
starting today.
The General Assembly will con-
vene at noon and shortly thereafter
a joint assembly of the two houses
will hear Gov. Darden deliver his
message.
The session, itself, was expected to
be brief. lasting only two or three
days.
kYIinn{nn firr,,i4 rnur@