Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-13

Is there any provision or sug
gestion in the Gray Report tina
public schools be abolished IL
any locality?
No. No schools would be abol
ished except where integration i
forced on a community and loca
sentiment is so strong againS
indignation that the citizen
refuse to appropriate funds TO
public education. There is n,
power which can force such {
locality to make appropriations
The Gray Commission hope
that. under the assignment plan
this will not occur. However
faced with resolutions from S.
governing bodies that they wer,
opposed to indignation ant
formal notices from a number o
counties that are operating
schools on a month-to-montl
basis. that they would close thei
schools II indignation is forceC
on them. the Commission fel
that some provision should b.
made for white and colored chill
Idren If this occurred. They
ther ore, recommended that tn,
same amount of mony appro
,priated by the State to each chile
in the community be made avail
able for scholarships to assist ,
child of either race in obtaining
an education in a non-sectarial
school.
Why are these grants limitet
to nOn-sectarian school?
The Supreme Court of Virginia
in its decision of November
1885, in the case of Almond VS.
Day held that such educationa
grants to sectarian hoolj
violates Sections Is. So and 81 o
the Virginia Constitution as vel
as the First Amendment of tn,
Federal Constitution. Even if WI
amended the Virginia ConStitu.
ton. the Federal Constitution
would prohibit such payments.
( What Is a sectarian school?
/ The Virginia Constitution In
several places-Sections 16. 81
and 81. prohibits the use of pub.
lie funds. directly or indirectly
in, to or for any church. or Sec
tartan society, association, or in
Istitution of any kind whatever
which is entirely or partly, di.
rectly or indirectly. controlled by
any church or sectarian society.
What Is TO prevent a sectariar
school from setting up a non
sectarian board Of directors and
thereby, becoming eligible fol-
State funds?s
! A sectarian school would not
become a non-sectarian school,
merely by setting up q non.
sectarian board Of directors.
| Is there any other reason why
Section 141 Of the Constitution
should be amended?
! Yes. For rs years the State Of
Virginia has been giving grants
In aid to the War Orphan Fund
Teaching Scholarship program
Negro Graduate Aid Fund ano
the rehabilitation program fol
the physically and mentally
handicapped. More than 1900
persons were using these grants
in aid in non-public institutions
this year. On November z, 1855
the Supreme Court Of Virgins
ruled that these grants violated
Section l4l Of the Constitution
as now written. 1t is therefore
necessary to amend Section l4l
so Virginia can continue its for
mer program.
( Why was it necessary to hav,
. Constitutional convention?
There are two regular way
for amending the Constitution
The first method requires a con
stitutional referendum on a pro
posed amendment passed by twt
differently elected General AS
semblies. This would requir,
more than two years.
! The second method provide
for a constitutional convention
when such a convention is spe
officially authorized by the people
! themselves. This may be dom
In approximately six months. I
was essential that a plan TO
operating the schools be avail
able before the next school year
Many Of the school boards maxi
up their budgets ID the sprinl
and in many localities no fund
would be appropriated unles
they had a plan under which
they could operate. The Ora.
Commission, therefore. recon
mended to the Governor that h,
call a special session Of the Gen
eral Assembly for the sole pur
pose Of considering the callin,
OF a Constitutional Convention
limited to amending Section IA
Of the Constitution.
/ What Is Section 14l Of tn
Constitution?
J This section prohibits Stat
appropriations to schools or in
stitutions Of learning not ownet
or controlled by the State. Their
Is already an exception which
permits scholarships to be uset
in private institutions. Unde
this exception. counties. cities
towns and districts may max
appropriations to private non
sectarian schools Of manual. in
dustrial or technical training
Unless this section is amended
localities would be restricted h
making contributions for use II
private industrial schools only:
u How Is Section l41 Of the Con
stitution to be amended?
The act of the General Assem-
bly, authorizing the vote on tn
calling Of the constitutional con
vention. limits the amendmen
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