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

ticu. ms u tue IltIu OF q series OF
articles deoline with recommends tions
Of the Groy Commission to prevent
I enforced public school integroticn.
I---~-~----~~-
equally available to both white
and colored children"
/ 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-
Estitutionality. And l will lend
my feeble voice to the same
effect"
| Mr.. Boothe contends the tut
Ition grants would clothe private
schools with some vestige of
public institutions. Therefore. he
concludes, it is possible a Negro
student could go to court and
win a verdict forcing 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. 1t is left entirely to the
parent or guardian as to what
school is selected as long as it is
a non-sectarian private school. f"
| Delegate Robert Whitehead of
Nelson County voted for the
January 9 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
ut is my understanding" Mr..
Whitehead said, that it will not
be permissible under Federal
decisions for public school build
Iings to be turned over by public
authorities to private organiza-
lions 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
a State park-to a private opera
tor to be maintained on a segre-
gated basis. The United States
Fourth Circuit Court Of Appeals
at Richmond ruled similarly on
two Maryland cases.
| Members of the Gray Commits
sion do not know just what would
happen to public school build
lings If a locality. faced with an
order to abandon segregation.
decides to close down its schools.
In Virginia. the school build
ings are owned by the localities
paid tor by funds raised To-
Ically. Existing law permits a
school building to be disposed of
only If 1t is found to be no longer
needed for educational purposes.
V01Antary Segregation
! Mr.. Fenwick says, "Under the
Gray Commissions plan there
would be a large degree Of vol
iuntary segration which would
lessen the impact of the Supreme
Court decision. 1t would post
pone for some time the POSSIBLE
lity 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:
1.-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
idren are to become eligible for
tuition aid. The Gray Com
mission has visualized that in
certain sections of Virginia, the
people will attempt 10 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"
| Tom0rrow's article will deal
with pro and con discussion re-
garding the second principal fea-
ture Of the Gray plan-assign-
ment Of pupils.