Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-21
Injunction Bar
Found Lacking
In NcCue Bill
Almond Gives Ruling
On Virginia Measure
To Keep Segregation

RICHMOND. Aug. 81 R.-
Attorney General j. Lindsay
Almond, jr.. said today the Nc
Cue bill would give no immunity
from Federal Court injunctions
in segregation cases.
The bill would provide for d.
rect control of the public school
system by the General Assembly
in order to continue racial seq
regation.
State Senator Edward o. Nc
Cue, jr.. of Charlottesville has
promised to offer the measure at
the special session of the Legis-
lature commencing Monday.
Under the bill, school boards
would have no power to admit
or assign pupils except by di-
rection of the General Assembly.
No one except the State attorney
general would have the right to
sue school board. If anyone
else brought suit, all the boards
powers would terminate auto
matically.
Mr.. McCue's bill would give
teachers and principals broad
powers. Included would be the
authority to suspend pupils. It
would require the State Board of
Education to administer periodic
tests to determine pupils ability
and progress, and would require
all pupils to apply to the Gen
Ieral Assembly by July / of each
year for assignment to whatever
school the Legislature deemed
proper and appropriate.
Section Unconstitutional
Mr.. Almond also ruled that
one portion of the McCue bill
under which localities would be
free to set up separate school
systems from that devised by the
State, would be demonstrations
under section 1876 of the States
Iorganic law.
Mr.. Almond issued the opin-
ION in answer to questions raised
by Nelson County Delegate Rob-
ert Whitehead. Mr.. Almond said
of the bill:
If enacted into law, it must
be administered. Whoever, OF
whatsoever status, administers
and applies it in denial of rights
secured by the Constitution (ot
the United States) as interpreted
through the unbridleu power OF
the Supreme Court, cannot avail
himself of the immunity provi-
slonS of the Eleventh Amend
ment and would. therefore, be
amenable to the injunctive
process and power of Federal
jurisdiction"
Mr.. Almond also sent to Mr.
lMcCue a related ruling holding
that the measure does not con-
f1ict with Sections 1913, 1872 and
1873 of the State Constitution.
Whitehead Raised Question
Mr.. McCue had asked the at.
torney general not to expires:
any opinion on whether the bill
would violate the Federal Con.
stitution.
But MIR. Whitehead had raised
questions about the Federal anc
State status of the measure.
Since the announced purpose
iof the proposed bill is to place
the management of the school.
beyond the reach of the Fedora
Courts" he wrote, please advise
if you think it would provide
such immunity. In this con.
nection, / refer you to Sterlins
VS.. Constantin, decided in 1882
in which the Governor of the
State of Texas was enjoined."
In his reply to Mr.. Whitehead
Mr.. Almond quoted from tn,
opinion of the late Chief Justic,
Charles Evans Hughes, WHIT
wrote the Supreme Court deci'
sion that had this to say abou
the Constantin case:
THE District Court had juris.
diction. The suit is not againsr
the State. The applicable prin.
ciple is that where State off.
Gals, purporting to act under
State authority, invade right.
secured by the Federal Constitu.
ton, they are subject to the pro.
cess of the Federal courts ir
order that the persons injured
may have appropriate relief"
Almond Reluctant
Mr.. Almond said he was pro.
foundly reluctant to say any.
thing which would tend to preju.
dice our position" in regards t
the Charlottesville school deseg.
regation case.
Mr.. Almond maintained before
Federal Judge John Paul in the
Charlottesville case that Negro
petitioners could not maintain
their action, since the State hao
not given its consent for the
school board and division super.
intendent to be sued.
Mr.. Almond wrote Mr.. White
head. however:
"Candor and my responsibility
as the Attorney General OF this
State compel me to say that
Senator McCue's proposal is
fraught throughout with State
action within the prohibitorS
gonna IF fha 1Afh Apoa,dx,oa,.,