Evening star., 1955-11-08
Virginia Court
School Ruling
[P!eases Stanley

|PIeases Stanley
RICHMOND. Va. Nov. 8 R.-
The Virginia Supreme Court OF
Appeals ruled yesterday that the
State Constitution does not per-
INIT use Of public funds to finance
the education of children In
private schools.
The unanimous opinion by the
seven justices declared uncon-
stitutional the States 25-year-
old practice Of subsidizing the
private schooling Of certain war
lorpfans. According to the
opinion. Section l4l of the Con-
lstitution forbids the practice.
The court said to uphold this
use Of public funds would mean
that by like appropriations the
General Assembly might divert
public funds to the support OF q
system Of private schools which
the constitution now forbids."
IF that be q desirable end,
| said the court, "it should be ac-
lcornpliShed by amending the
constitution in the manner
therein provided. It should not
he done by judicial legislation.
Ruling PIeases OfIicials
The court ruling was hailed
by Virginia's attorney general
Iand by Gov. Stanley.
Gov. Stanley told reporters
that the scope Of the opinion
Undoubtedly win be helpful both
ito the commission on public
education and to members Of
the General Assembly in their
consideration Of matters related
Ito the public schools =
Gov. Staniey's statement was
the first official linking Of the
case before the high court with
the Commission on Public Edu.
cation. The commission has been
working for is months to md
Ia program that would prevent
|integration in Vigrinia's public
schools.
Until the ruling yesterday, no
state Official had declared pub
|ticly that the inandamus action
had been brought by Mr.. Almond
to get a ruling on the constitu-
of q plan under con-
sideration by the commission.
Mr.. Almond, on the losing side
of the case. said the decision
was ''erninently correct
based on sound principles Of
constitutional law
The attorney general told re-
porters the decision was .abso-
lutely essential 70 the public
welfare.
In Accord With Decision
@While my position required
me to be on the opposing side
ot the question Z he said. Il
must say that I am in complete
agreement with the decision
rendered.
State Senator Garland Gray
said the Commission on Public
Education. which he heads. will
meet here Thursday. He would
not comment. however. on other
questions as to when the COM
mission might finish its task OF
when It might send Its report to-
Gov. Stanley.
The decision increased specu-
lation that State aufaorities
might move toward amending
the constitution via the limited
convention method the quickest
means Of changing this basic
law.
To launch q convention nloye-
mert the flrst step necessary
would be TO hold q special session
OF the General Assembly.
The case concerned speciiicar-
" . $4,000 item Ia the 1864
Appropriation Act, providing
State contribution To the educa-
tion Of orphans Of soldiers, sail
ors and Marines killed or per.
lnanently disabled during World
War service.
This sections prohibition sis
in broad and inclusive language,
said the court. & the effect
is Il. to prohibit all appropri-
ations Of public funds to insti-
tutions Of learning other than
those expressly permitted. The
prohibition is against any or
all aid to the excluded institu-
tons
The ruling means that at least
six students now at private
schools viii be denied up 10 $40o
each In scholarship funds for
the current school year.
The six are enrolled under the
war orphans scholarship act at
private schools. There was no
indication of what might be done
ito aid them.
Il was pointed out. however,
that the decision win not Affect
State aid TO war orphans who
are attending State-supported
schools. Nor viii it affect stu
dents being educated by the
State at institutions In the
Southern Regional Education
Compact to which Virginia sub