Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-12
Virginia Move
Of Interposition
Stirs Surprise
Bootwright Regarded
As Jumping Gun by
Introducing Bill
By a Star star Correspondent

RICHMOND. Jan. IA dif-I
ferent tack on Virginia's school
segregation problem was before
the General Assembly today.
1t is known as "interposition."
It assumes the right of States
to declare a Supreme Court de-
cree unconstitutional.
A maverick member of the
Byrd Democratic organization
Jumped the gum" SO to speak,
oy introducing interposition leg
islation on the opening day Of
the General Assembly yesterday.
He is Delegate John B. Boat
wright of Buckingham.
Mr.. Boatwright is a die-hardI
Democrat who. in years past. OPP
posed most vigorously Northern
Virginia's attempts to maintain
rent control during World War
II. He fought bitterly-and sue
cessfully-against law that
would have permitted Federal
employees to hold public office in
Arlington County.
Decree Unconstitutional"
His bill declares that the SUI
preme Courts school segregation
decree was IAN unlawful and un-
constitutional assumption Of
power" 1t says Virginia's public
schools ant the very existence
of this Commonwealth are
threatened by the attempt Of the
Supreme Court to usurp power
which it does not have"
Mr.. Boatwright's move came as
a complete surprise.
The general impression was
that the move for interposition
would be made first by State
Senator Harry Stuart of Russell
County. Senator Stuart still
plans to introduce his version of
interposition. He told The Star
his resolution would be intro
duced to the Assembly sometime
next week.
Interposition is not widely
understood. Various attempts
have been made to define it.
Has Long History
The doctrine of interposition is
stepped in tradition barking back
to the days Of Jefferson and Mad
ison. Modern critics say 1t Isl
archaic.
The principle of interpositionI
now is being eSpoused principally
by Editor Jack Fitzpatrick OF the
Richmond News-Leader. Per-
haps it is best to explain the idea
by using words that have been
attributed directly to Mr.. Kill.
patrick In the present contro-
versy. They are these:
"Basicaily. the doctrine aims
at proposing a Constitutional
amendment prohibiting the
States from operating raciallyI
separate facilities. II three
fourths of the States failed to-
ratify such an amendment.
Southern States would assert the
Supreme Court decision on seq
regation was void.
Pending such settlement of
the issue. the interposing States
would declare that. as a matter
of right, they recognized no OBJ
legation to comply with DEGREES
they regard as unconstitutional" "
Offered as Bill
Mr.. Boatwright's legislation
was introduced in the form of a |
bill. Senator Stuart proposes to
introduce a resolution.
The difference is this: A bill
has mandatory powers of law. Al
resolution has the effect Of ex-
a policy-a persuasive
policy normally.
Senator Stuart has not dis
closed the details of his resolu-
ton of interposition.
Mr.. Boatwright's bill would,
in effect, make 1t mandatory for
Virginia's public schools to con-
tinue operating on a segregated
basis.
The Boatwright bill says:
"The action of the Supreme
Court Of the United States, In
holding that the States cannot
provide separate but equal IA
cilities for children Of different
See ASSEMBLY, Page A-26
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