Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-07-25
'Edlkatur#IIsS
StanIeyRequest
Unconstitutional

Gov. Stanley's proposal to cut
off Safe funds from any COM
Imunity that integrates its schools
would violate the Virginia Con-
stitution, according to an Ar
lington educator.
The charge was made in a
statement released yesterday by
Dean Brundage. chairman Of the
Department of Social Studies at
WaShington-Lee High School,
who served as Fairfax County's
representative at the Virginia
Constitutional Convention in
March.
Gov. Stanley on Monday an
nounced he would convene the
General Assembly on August 81
and seek authority to withhold
State funds from localities that
attempt to desegregate.
Section 129 Cited
In questioning the legality of
this move, Mr.. Brundage pointed
to Section 129 of the State Con-
stitution which reads: THE Gen.
eral Assembly shall establish and
maintain an efficient system of
public free schools throughout
the State"
During debate on the GRAY
plan last winter, some opponents
argued that the same section of
the State Constitution would be
violated unless the proposed leg
islation assured operation of
public schools everywhere in the
State.
Mr.. Brundage said any legis-
lation granting the Governors
request to withhold funds from
localities obeying the Supreme
Court decision should be tested
in State Courts.
"AvOid Emotions"
While I recognize the gravity
OF the problems confronting our
State in regard to eventual de-
segregation" said Mr.. Brun-
dage, Il am equally concerned
with the maintenance of the
orderly process of constitutional
government. 1t seems incon-
sistent for the Governor to ex-
press grave concern over un-
warranted extension of Federal
authority while at the same time
requesting power for his execu-
tive office which the Assembly
cannot constitutionally grant.
/, The essential requirement for
all of us in the Commonwealth
today is to avoid emotions and
to maintain our traditional re-
lance upon the government by
laws and not by man."
Mr. Brundage declared that
the Virginia Constitution be-
longs to the people of the State,
and, insofar as it does not rom
f1ict with the United States
Constitution or with laws OF
treaties pursuant the.O to, it is
the law in Virginia. 1t seems
apparent therefore that the
Legislature cannot legally grant
the powers which Gov. Stanley
wants unless and until our Con-
Istitution is again amended. A
proposal to eliminate the guar
antee of free public schools
! throughout the State is a mat
|, ter of gravest consequence to us
all"
Gray Plan Explained
i The constitutional convention
at which Mr.. Brundage served
. removed constitutional barrier
to the granting of State fund;
for private schooling. This was
the first step of the program
recommended by Gov. Stanley,
commission on education-tht
; Gray Commission-to avoic
, forced indignation.
!, The rest of the Gray program
) recommended legislation per.
hitting tuition grants for chill
dren to attend private schools
: rather than integrated public
; schools, and use of pupil as.
: signment plan giving schoo
5 boards broad authority to specify
( what schools children could at
tend.
: In calling the special session
' Gov. Stanley said he was willing
/ to go along with the tuition
! grant program-but not othel
: features of the Gray plan which
5 might result in some integra'
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