Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-30
Two Law Deans
on School
Grants Issue
Virginia, Richmond
Educators Divided
On ConstitutionuIity

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Educators Divided
On Constitutionulity
RICHMOND, Dec. 80 Dr.
Two Virginia law school deans
today differed in their views on
the constitutionality Of the pro-
posed public grants for private
schooling at issue in the Janu-
airy 8 referendum.
University of Richmond Dean
William T. Muse said that II
the amendment is adopted. he
was inclined to think" the
resulting school system would
prove constitutional.
But Dean F. D. G. Ribble Of
the University of Virginia. said
he would expect the United
States Supreme Court to find
Unconstitutional the provisions
for payments sustaining the
segregated schools, however the
payments might be handled"
Virginians will vote on whether
a convention should be held to
amend the State constitution to
permit public grants for private
schooling, an effort at avoiding
integration of Negro and white
pupils.
Dean Ribble's Views
| Dean Ribble had this to say:
plete autonomy"
/ 1T seems clear that the United
States Supreme Court is very
likely to find the maintenance OF
segregated schools entirely or
chiefly through State subsidies
Ito be within its ban, though the
schools have substantial or COM
plete autonomy"
| Dean Ribble referred to a re-
cent test case in which virginia's
State Supreme Court had held
invalid the Virginia act appro-
Ipriating money for payment Of
tuition and for certain war or.
lphans.
! FOresees Court Reaction
/ Thus" Dean Ribble said, 9TH,
court held that appropriations Il
pay tuition and other educationa
costs. whatever might be me
chanics of handling. was an ap'
preparation to the school al
which the money was to be ex.
pended within the meaning Of
the Virginia Constitution.
IF the Supreme Court of the
United States follows the reason.
ing Of this decision of our Su.
preme Court of Appeals. it will
find that payments Of educa-
tional costs of persons to enable
them to attend segregated
schools is payment to such
schools.
Accordingly" said Dean Rib.
bic, II would expect the United
States Supreme Court to find
Unconstitutional the provisions
for payments sustaining the seq
regated schools however the pay
ments might be handled. OF
course. if the proposed schools
are to be operated on a nom
segregated basis, this would not
arise"
A Justice Department official
has expressed the veiw in WASH
ington that a court test would
upset any plans by a State to
avoid pupil indignation by mere
lly changing the name of its
schools from public" to "pri-
vate."
| Doubts Effect on Gray Plan
! A spokesman for the State
wide organization supporting q
favorable vote in the referendum
said in statement yesterday:
1.-The statement attributed tc
an unnamed Justice Department
official obviously did not refer
or apply to proposals made in
the Gray Commission report"
THE Gray Commission" said
Henry T. Wickham. counsel fol
the State Referendum Informa
ton Center. did not recommend
that public schools be turned
into private schools and thai
public funds be used to operate
them. i
1T contemplates that public
schools will continue to operate
as public schools and recon.
mended only that funds be pro.
vided for those parents who de.
sire to send their children te
non-sectarian private schools
rather than to mixed public
public schools"
Stanley's Stand Welcomed
l In other developments yester.
day concerning the referendum
I Former Gov. Colgate w. OAR
den. IT,, expressed complete sat.
isfaction with Gov. Stanley,
statement he will strongly
recommend" that the General
Assembly comply with the con-
Istitutional requirement of free
public schools.
! Opposition to the amendment
came from two committee chair.
men Of the Virginia Diocesan
Council of Catholic Women. Mrs
Adele Clark of Richmond anc
Mrs. Carl H. Owens of Salem.
Their views were published ir
the Catholic Virginian.
H. G. Blalock. president Of the
Virginia Farm Bureau Fedora.
Ition. urged an affirmative vott
lin the referendum.