Evening star., 1956-03-11

us-unless-we-say-so" plan.
The solemnity of this move
might even surprise some Of
the State legislators who voted
for the interposition resolution
that passed both houses.
ITS just an expression Of
how the State feels. OF course.
it won't do any good" was the
explanation of more than one
lawmaker.
The theory Of interposition
is that the States can inter-
pose against Supreme Court
decree when they consider it
usurps rights never delegated
by the States to the Federal
Government.
It was ironic that interposi-
ton played such an important
role at the constitutional con-
vention. The stated purpose
Of the convention was to
amend Virginia's Constitution
to permit payment Of tuition
grants for children to attend
non-sectarian private schools
instead Of integrated public
schools. This was step one in
Virginia's Gray plan, which Is
supposed to be the States way
Of complying with the Supreme
Court segregation decree.
Stonley's Keynote
Gov. Stanley started things
off on an interposition tangent
when he addressed the opening
session Of the convention.
True. he told the delegates to
proceed with their assigned
task-but he let them know the
State still had some hopes
pinned on interposition when
he said q broader question"
was yet to be determined.
Next to raise the point was
John C. Parker, who served -
president Of the convention.
Mr.. Parker, who lives at Frank
lin, is past president of the
Virginia State Bar and is
director Of the George C.
Marshall Research Foundation
and the Stonewall jackson
Memorial, Inc.
Mr.. Parker made this state
ment:
ut is not q sin, but q vir-
tue, to question what is ques-
tionable in governmental ac-
ton. 1t is not rebellion, but
lawful right, to shield our
selves by whatever honorable
and legal means we may find
from judicial trespassing. Vir-
ginia has challenged the valid
ity Of the Supreme Courts de-
cision. We do here and now
reassert her right and duty to
do So"
Not satisfied with mere
spec hes on interposition,
Delegate j. Segar Gravatt Of
Blackstone came up with q
resolution placing the conven-
ton on record as commencing
the Governor and General As
sembly for invoking interposi-
| ton.
Stern Whereoses
The whereases in his resolu-
ton had some stern words to
say about the Supreme Court
decree. For instance:
THE decree of the Supreme
Court of the United States
compelling the mixing of the
races in the public schools Of
Virginia is an unlawful judi
cial usurpation Of a right
which has never been lawfully
surrendered by this Common
wealth"
The resolution was adopted
with only three dissenting
votes. Frank L. Ball, ST., Of
Arlington, and Dean Brundage
of Fairfax, said they voted
against it because they con-
sidered it an improper meas
ure for the convention to con-
slider. They didn't get very
| far with that argument, when
interposition supporters retail
ated that Attorney General j.
Lindsay Almond, jr., con-
sidered it appropriate.
And so the convention ended
with two results: Cd amend
ment of the constitution to
comply with the Supreme
Court, and (2) rousing cheer
for defiance of the decree.
With the State taking of
with such fervor in both d.
rections, a real fight Is sure
to come when the General As
sembly gets around to adopt
ing legislation to carry out
other features of the Gray
Plan.
For one thing, the amend
ment has been interpreted al
ready as being broad enough
to permit use of public funds
for private school construction,
teacher retirement-and all
sorts of fringe educational
benefits.
When the Gray Plan was de-
scribed to the voters, nothing
like this was discussed. They
were told the Constitution
neeued amendment so tuition
grants could be paid students.
Imagine what hot potato
this is going to be when the
General Assembly gets around
to debating Gray Plan legisla-
ton. And the Assembly can
hardly escape it because the
Constitutional am n d m e n
specifies that these expendi-
lures Of public funds shall be
subject to such limitations a.
the General Assembly may see
At to impose.
Yes indeed. the convention
Is over-but Virginia "atn't
seen nothin' yet when 1t
comes to real hard fighting.
All the governor needs to do