Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-15

NOuIt dIibI-oSSICkdtlOll OCSAolOLl
until the issue is settled" by
amendment to the Federal Con-
stitution.
At most, the proponents Of either
or both of the plans could only
hope to delay compliance with the
Courts decision.
Voting for the Gray plan ranged
from A per cent in the nearby
10th District of Virginia to "a
per cent in the 4th and 5th Districts
in Southern Virginia. where Negro
concentration is heaviest. In South
west Virginia and the Shenandoah
Valley about so per cent of the
voters cast ballots for the proposal.
Negroes turned out In smaller
numbers than were expected.
Negro voting was especially light in
the IL counties that have Negro
majorities.
The total vote was around $780,
900 out Of a voting-age population
Of 2,025.334, Of which 422.670 are
Negroes. This, for Virginia, was
considered a heavy turnout.
The Gray Commissions proposals
would: Cd remove State consti-
titution prohibition against the use
of public funds as tuition grants for
children In private. non-sectarian
schools; and t2) permit local school
boards to assign pupils to schools
on a pattern based on availability
of facilities. health. aptitude of the
child and availability of transpor-
tation."
Knotty Leeol Questions
There was some question, espe-
cially among opponents Of the Gray
plan. whether the tuition grant
scheme would be constitutional.
They argue that, since the grants
come from public funds. they viii
therefore clothe with a public ma
ture the private schools that ulti-
mately get the money. But this
view Is answered with the reminder
that the money will be paid direct
" to parents, not to private schools.
This, Of course. would be tested
when o Negro student applies for
admission to one Of the private
schools attended by grant students.
It is settled doctrine that no person
or political unit may do indirectly
that which is forbidden directly.
And In Lane .. Wilson, Negro
voting case. the Supreme Court
said III 1889 that the Constitution
"nullifies sophisticated as well as
simple minded modes Of discrim-
nation" In the white primary
cases-Gainn .. U. S., u. S. U.
Classic and Smith .. Allrtoht-the
Court has said 1t will not tolerate
fictitious lodges aimed at circum-
venting Court decisions.
In the case of the Gray pro-
posals. the constitutional question
likely will be: Does this procedure
square with the usual doctrine that
public funds cannot be used for
private purposes? Specifically. will
the tuition grants be considered q
public purpose?
Similor Coses
There is no Supreme Court ruling
on this, although the court has de-
cided cases closely akin to the one
that might arise from Virginia's
plan.
In 1923 the court ruled that it
would be Influenced by local con-
ditions and by the judgments Of
State tribunals as to what are to
be deemed public uses in any State"
This presumably means that the
court will not necessarily be guided
by such-only influenced.
In a 1880 case the high court ap-
proved the use Of State funds for
textbooks for children in private
schools. And more recently the
Supreme Court refused to hear
New Jersey case where the issue
was use of public money for pupil
transportation to private parochial
schools. In effect, this approved
the money for such purpose.
The National Association for the
Advancement of Colored People has
indicated that 1t is ready to go to
the Supreme Court on the matter
Of tuition grants.
Pupil Assignment
The pupil-assignment scheme.
second part of the Gray plan. drew
far fewer objections than did the
tuition-grant idea. 1t was generally
recognized that indignation would
come much more easily in urban
areas under an assignment plan,
for in these areas segregated hous-
ing patterns would mix only small
percentage of the pupils.
Opponents of the Gray plan
warned that its enaction would
surely result IN increased taxes.
This the proponents denied. Vir-
GINA officials see no State tax rise
as a result of the program. Such
an increase might give Negroes adj
ditional ground to seek relief In
the courts.
In Virginia, State funds for
schools are supplemented by local
funds, with the States share being
fairly uniform throughout the Com
monwealth. Under the Gray plan,
the States tuition grant would
equal only the present State share
$188.33 a year, on the average. If
private school tuition costs more
than that--as presumably it would
the parent would have to furnish
the balance. unless the local gov
eminent did.
The parents affected would be
all those in areas of Southern Vir-
ginia where officials have vowed
they will close the public schools
before they see Indignation Of the
races, plus the parents who live in
integrated school areas and do not
wish their children to attend in
tegrated schools.
Aoc,Yv,oinu thu Grov Y1lon hnr0nnnR