Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-07-25
Educator Calls
|StanIeYRequest
Unconstitutional

Gov. Stanley's proposal to cut
of Safe funds from any COM
munity 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 q
and seek authority to withhold
State funds from localities that
attempt to deSegregate.
Section I29 Cited
In questioning the legality of
this move, Mr.. Brundage pointed
to Section 1919 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 Grav
plan last winter. some opponents
argued that the same section of
the State Constitution would be
violated unless the proposed leg
lslation assured operation of
public schools everywhere in the
State.
Mr.. Brundage said any legis-
latlon 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 orr
State in regard to eventual de-
segregation" said Mr.. Brun.
oage, Il am equally concerned
with the maintenance of the
orderly process of constitutional
government. It seems incon-
slstent 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 oftlce 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 no. con-
t1ict with the United States
Constitution or with eMs or
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-
stitution 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" 8nf ~
Gray Plan Explained
The constitutional convention
at which Mr.. Brundage served
removed a constitutional barrier
to the granting of State funds
for private schooling. This was
the first step of the program
recommended by Gov. Stanley's
commission on education-the
Gray Commissioning avoid
forced indignation.
The rest of the Gray program
recommended legislation per-
mitting tuition grants for chill
dren to attend private schools
rather than integrated public
schools. and use of a pupil as
signment plan giving school
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 other
features of the Gray plan which
might result in some integra-
ton.