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


sion, to write this, the eighth Of o
series exploring both sides Of the CON
troversy. The opposite viewpoint wos
written by Alexondro Delegate Armi-
steod /. Boothe and appeared in The
Stor Yesterday. Eoeh submitted his
article without knowledge Of whot the
other had written.
white citizens, the individual citi-
zens would use the same money
for private schools. (There is no
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-
stitutional 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
ticular 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. war
orphans, teachers and handi-
capped children for instruction
in private schools. On Novem-
Der z, 1865, the Virginia Supreme
Court held that these grants
were unconstitutional as violat-
ing Section 141 of the constitu-
ton. This meant that the grants
in aid proposed by the Gray
Commission would be unconsti-
tutional unless that section Of
the Virginia constitution were
amended.
There are two ways Of amend
ing the constitution. Both have
been employed in the past and
both have been in the constitu-
ton since 1902.
If we had proceeded by way
Of Section 1876 it would have
taken two and one-half years.
Since school budgets are being
made up in April and May and
many counties were demanding a
plan before such appropriations
for schools were made-threat-
ening closing their schools-it
became imperative that we en-
ploy Section 1877 which was the
same way that the soldier-voter
law was amended.
Limit on Convention
The constitutional convention
which is proposed and on which
you will vote on January 9 Is
limited to Section l4l and re-
stricted to the spending of tax
funds for educational purposes
in the furtherance of elementary,
secondary, collegiate and gradu-
ate education Of Virginia stu
dents in non-sectarian private
schools. This does not affect
Section 129 of the Virginia Con-
stitution. which provides for a
public school system.
If you vote in favor. you the
people are limiting the conven-
ton to this and nothing more.
The Virginia Court of Appeals,
in passing on this very point in
the case Of Staples VS.. Gilmer
1913 S. E. I'd 40; 1873 Va. 613)
said:
In the event a majority
of the electors vote in favor Of
the convention. the powers of the
convention to consider. adopt or
propose revisions or amendments
to the Constitution will be legally
restricted or limited, as defined
in the Act, and in the informa-
tory statement printed on the
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 other
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 Compulsory
indignation.
The final article in this
series will appear tomorrow.
1t will summarize the list of
leading public figures and or
CARNATIONS which have taken
sides in the disnute