Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-21
Bar
Found Lacking
'InNcCueB 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 a 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 Cen
eral 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 unconstitutional
under section 1856 of the States
organic 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
lbe administered. Whoever. of
whatsoever status, administers
and applies it in denial of rights
secured by the constitutional of
the United States) as interpreted
through the unbridled power of
the Supreme Court, cannot avail
himself of the immunity PROVE
sions OF the Eleventh Amend
ment and would. therefore, s be
amenable to the injunctiVe
process and power OF Federal
jurisdiction"
Mr.. Almond also sent to Mr..
McCue a related ruling holding
That the measure does not con-
tiict with Sections 1913, 1872 and
1873 of the State Constitution.
Whitehead Raised Question
Mr.. McCue had asked the At
torney General not to express
any opinion on whether the bill
would violate the Federal Con-
stitution.
But Mr.. Whitehead had raised
questions about the Federal and
State status of the measure.
Since the announced purpose
OF the proposed bill is to place
the management of the schools
beyond the reach of the Federal
Courts" he wrote, please advise
If you think it would provide
such immunity. In this con-
nection, refer you to Sterling
VS.. ConStantin, decided in 1892.
in which the Governor of the
State of Texas was enjoined."
In his reply to Mr.. Whitehead,
Mr.. Almond quoted from the
opinion of the late Chief Justice
Charles Evans Hughes, who
wrote the Supreme Court deci-
sion that had this to say about
the Constantin case:
"The District Court had juris-
diction. The suit is not against
the State. The applicable prin-
ciple is that where State off,
Gals, purporting to act under
State authority. invade rights
secured by the Federal Constitu-
ton, they are subject to the pro-
cess of the Federal courts in
order that the persons injured
may have appropriate relief" z
Almond Reluctant
Mr.. Almond said he was pro
Iounoly reluctant to say any
thing which would tend to preju-
dice our position" in regards to
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 had
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 prohibitory
scope Of the l4th Amendment
and applied by the Supreme
Court Of the United States.