Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-22

9toT Yesterday. cucH suoWfteo NJ.
article without knowledge Of whot the
other had written.
white citizens, the individual citi-
zens would use the same money
for private schools. tThere is nc
power which can force such a
locality to make appropriations.
This would mean that no pro-
vision Is made for the colored
children.
Effect on Scholarships
On the other hand, If the con-
lstitutional convention is voted
and State grants are available
there would be a tendency on the
part of some parents to simply
withdraw children from the par
Iticular school that is integrated
and concentrate on trying to pro-
vide schooling for that group
leaving the rest of the public
school system intact for both
white and colored.
For 26 years the State of Vir.
ginia has been providing scholar.
ships to Negro graduates. wal
orphans. teachers and handi.
capped children for instruction
lin private schools. On Novem.
Der Z, 1855, the Virginia Supreme
Court held that these grant.
were unconstitutional as violat.
ing Section l41 of the constitu.
ton. This meant that the grants
in aid proposed by the Gray
Commission would be unconsti.
Itutional unless that section o.
the Virginia constitution wer,
amended.
1 There are two ways of amend
ling the constitution. Both hay,
been employed in the past ant
both have been in the constitu'
ton since 1902.
If we had proceeded by wa,
Iof Section 1876 it would hav,
taken two and one-half years
Since school budgets are being
made up in April and May ant
many counties were demanding {
lplan before such appropriation
for schools were made-threat'
ening closing their schools
became imperative that we en-
Iploy Section 1877 which was thu
same way that the soldier-votel
law was amended.
Limit on Convention
] The constitutional convention
which is proposed and on which
you will vote on January 8 i
limited to Section l41 and re-
Istricted to the spending of ia,
funds for educational purpose
in the furtherance of elementary
secondary. collegiate and gradu'
ate education of Virginia stu
dents in non-sectarian private
schools. This does not affec'
Section 129 of the Virginia Con
stitution. which provides for 6
public school system.
If you vote in favor, you TIT
people are limiting the conven'
ton to this and nothing more
The Virginia Court of Appeals
| in passing on this very point il
the case of Staples VS.. Gilmel
/ 1913 S. E. I'd 40; 1873 Va. 613)
said:
! %. In the event a majorit!
of the electors vote in favor O.
the convention. the powers of TIT
convention to consider. adopt o.
propose revisions or amendment
/ to the Constitution will be legal!
restricted or limited, as defined
lin the Act, and in the informa'
tory statement printed on thu
ballot to be used in the proposed
referendum election. :"
1t further stated that:
;. In the event of approval
there is delegated to the con
vention the power to make sug'
gested changes. and no othel
power is delegated to it. Those
made beyond this delegated
power would be void. -"
A vote for the convention will
preserve the public school sys'
tenn and prevent your children
being subjected TO Compulsori
Indignation.
THE final article in this
series will appear tomorrow.
II will summarize the list of
leading public figures and or
! CARNATIONS which have taken
sides in the disputed
1900 GSA Workers
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