Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-19

tion. This is the fifth Of series Of
articles dealing with recommendations
of the Grey Commissions to prevent
enforced public school intesrotion.
Mr.. Fenwick says: THE COM
missions eminent counsel. David
Mays, has expressed the opinion
that, as he understands the law
now, it is constitutional. The
attorney general has likewise
given his opinion as to its con-
stitutionality. And viii lend
my feeble voice to the same
effect"
Mr.. Boothe contends the tut
ton grants would clothe private
schools with some yestige Of
public institutions. Therefore. he
concludes, it is possible a Negro
student could go to court and
win a verdict forcing a State
subsidized school to admit him.
1T must be remembered" Mr..
iFenwick responds. that the
State is not setting up a private
school system. That system al
ready exists. Nor is it making
the educational grant to the
school. The grant is limited to
the parent or guardian. just as
is done under the CT Bill Of
Rights. It is left entirely to the
parent or guardian as to what
school is selected as long as it is
Ia non-sectarian private school F"
Delegate Robert Whitehead Of
Nelson County voted for the
January referendum. But he
said he did so with misgivings.
In floor debate. he touched on an
objection opponents raised in
arguments then and since.
Building Question Noted
at is my understanding" Mr..
Whitehead said, that 1t will not
Ibe permissible under Federal
decisions for public school build
| ingS to be turned over by public
authorities to private organiza-
!tions for use as racially segre-
gated schools.
His reference apparently was
to the Seashore State Park deci-
sion of Federal Judge Walter E.
Hoffman of Norfolk. who held
that the State could not lease
public property"-in this case
ia State park-to a private opera
tor to be maintained on a segre-
gated basis. The United States
Fourth Circuit Court Of Appeals
lat Richmond ruled similarly on
two Maryland cases.
Members of the Gray Commits
sion do not know just what would
happen to public school build
ingS If a locality, faced with an
order to abandon segregation.
decides to close down its schools.
In Virginia. the school build
Iings are owned by the localities
paid for by funds raised To-
Ically. Existing law permits a
school building to be disposed Of
only if it is found to be no longer
needed for educational purposes.
Voluntary Segregation
/ Mr.. Fenwick says. Under the
Gray Commissions plan there
would be large degree Of vol
!untary segration which would
lessen the impact of the Supreme
Court decision. It would post
Ipone for some time the possible
iity of the States establishing
State schools ."
For the State to move in and
acquire buildings that belong
to the community and completely
change a local school system to
one operated by the State would
require complete revision Of the
tax structure :"
The QUESTIONABLE from the
Governors Office says:
THE Gray Commission report
does not visualize any direct aid
to private schools and the people
in a given locality will have to
provide such schools If their chill
dren are to become eligible for
tuition aid. The Gray Com
mission has visualized that in
certain sections of Virginia, the
people will attempt to educate
their children in any structures
that may be available. 1t is
also visualized that existing pri-
vate schools will be available to
some and that new private
schools will be established for
others"
! Tomorrow's article will deal
with pro and con discussion re-
garding the second principal fea-
ture Of the Gray plan--assign-
ment Of pupils.