Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-12

OIllC1 0IoICo "1lNlN AAAtNA POI
sideration include Georgia. Mis-
sissippi, Louisiana and South
Carolina. Georgia's Legislature
has a formal resolution before it
now.
While the doctrine of interpo-
sition is almost as old as the
Union itself, it apparently was
first mentioned as a possible
weapon in the segregation-inte-
grafton controversy by William
Old. Chesterfield attorney. in
a pamphlet he distributed last
summer.
Pushed by Editor
Widespread attention was at
tracted to ,nterposition when. in
one Of the most intensive edi-
torial efforts in recent years.
James j. Fitzpatrick. Richmond
News Leader editor. began in late
November to discuss it editorially
and reprint resolutions from the
past.
The News Leader editor urged
resolution of interposition be
adopted by the special assembly
session which met November 80.
Gray Commission members, after
considering the theory. decided
to wait. Whether the commission
itself will recommend interposi-
ton to the regular session is not
clear. At any rate, State Senator
Harry Stuart of Elk Garden
agreed to introduce an interposi-
ton resolution.
One proposed resolution would
declare: THAT the State of Vir-
GINA has at no time surrendered
to the general (FederaD Govern
ment its right to maintain ra-
clally separate schools or other
public facilities.
That the State of Virginia. in
ratifying the Fourteenth Amend
ment under compulsion, did not
agree. nor did other States rati-
flying the Fourteenth Amend
ment agree. that the power to
operate racially separate schools
and other facilities was to be
prohibited to them thereby. :"
Asks Congress Action
The resolution would say the
State explicitly denies that the
Supreme Court had the right,
asserted in its said decision, to
enlarge the language and mean
ing OF the compact in an effort
to withdraw from the States
powers reserved to them and
daily exercised by them for al
most a century"
To settle the dispute, the reso-
luton would call on Congress to
propose an amendment to the
Federal Constitution which
would declare, in plain and I'M
equivocal language, that the
States do surrender their power
to maintain public schools. and
other public facilities, on a basis
OF separation as to race: and
that if three-fourths of the
States assent to such amendment
OF our compact. Virginia agrees
1t will be bound thereby"
The assembly would resolve
that until the dispute had been
settled by Federal constitutional
amendment. the antisegregation
decision would be null, void,
and Of no effect. :"
Virginia's congressional dele
cation would be asked to propose
q proper amendment in Congress.
Practical Politics
1t is at this point that practi-
cal politics would enter the pic
ture and the question Of the ef-
fectiveness of interposition must
be considered.
An amendment to the Federal
Constitution may be proposed in
two ways. Two-thirds of the
members of Congress may ap-
prove an amendment, then sub
NIT it to the States. For it to
become effective. three fourths
Of the States must approve it.
Or, two-thirds of the States may,
In effect, force Congress to pro-
pose an amendment; then three
fourths of the States must ap-
prove it.
Chances that two-thirds of
Congress would approve such an
amendment cannot be deter
mined. There is one proposal,
however. which might make 1t
more likely.
The amendment to be pro-
posed could be a reverse twist: 1t
would say, for example: mo
State nor Congress shall have
power to segregate by race in
any publicly operated institu-
ton"
Reverse Play
The argument, to get the
measure through Congress, would
be that even the northern
representatives could not vote
against that idea.
Then, following through on the
reverse twist. interpositionists
would try to defeat the amend
ment. once 1t had been proposed
by Congress. BY having the
amendment stated in negative
terms. then defeated, interposi-
tionists would contend the Fed
eral Government had failed to
take away the power to segregate:
therefore the power still would
exist. Thirteen States could pre-
vent the adoption of such an
m e n d m n t. InterpoSitionists
fhink fhou oo,,lJ e,,,;,., - OAl