Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-03-07
Assembly Fight
Looming Over
lnterposition
By MARY LOU WERNER
star STAFF CORRESPONDENT

Star STAFF Correspondent
RICHMOND, Mar. IA last
minute tussle over interposition
today confronted the Virginia
Constitutional Convention after
it gave unanimous approval Of .
constitutional amendment per-
hitting use of public funds for
private education.
The amendment was the only
task assigned the 40 Delegates.
Its purpose is to permit payment
of tuition grants for private.
lnonsectarian schooling of chill
ldren so they will not be forced
ito attend integrated public
schools. Legislation spelling out
how the money is to be appro-
priated is supposed to be adopted
later by the General Assembly.
The interposition resolution
was before the Privileges and
Elections Committee, which
called a special meeting to con-
slider it before the reconvening
Iof the convention today.
7 to 3 Vote
When the resolution first was
submitted yesterday by Delegate
Segar Grayatt of NottoWay
County, the Privileges and Elec-
tons Committee agreed to a T.
to-3 vote to recommend its pas
sage by the full convention. La
ter, the committee decided to
reconsider and scheduled today's
meeting.
The resolution would place the
convention on record as COM
mending Gov. Stanley and the
General Assembly for their in
vocation of the historic doctrine
of interposition." 1t also would
urge enactment Of every legis-
lative measure to secure the pro-
lection of our people against the
enforcement of this unlawful jul
dicial decree (the Supreme Court
segregation decision)"
Voting against the resolution
when it first came up at the COM
mittee meeting were David j.
Mays of Richmond, Sydney
Small of Roanoke and H. D.
Dawbarn of Waynesboro.
Mr.. Mays served as counsel to
Gov. Stanley'S Gray Commission
which recommended the tuition
grant plan. The convention is
being held to make the Gray
plan possible. Mr.. Mays said he
voted against the resolution be-
cause he did not think it was
within the conventions power to
take such action. Mr.. Small and
Mr.. Dawbarn agreed.
Proper, Says Almond
Attorney General j. Lindsay
Almond, jr., who was present at
the committee meeting. said he
considered it entirely proper for
the convention to adopt such a
resolution. He noted that the
General Assembly already had
adopted an interposition resolu-
tion-"which is beyond recall"
The interposition resolution
adopted by the General Assem-
bly, declares that theresis a con-
test of power between Virginia
and the United States Supreme
Court over the segregation rul-
ing. 1t urges other States to join
Virginia in resisting the courts
Illegal encroachment" on State
sovereignty.
The vote on the constitutional
amendment came later yesterday
after futile attempts by Dean
Brundage of Fairfax and Mr..
Dawbarn of Waynesboro to offer
changes.
Mr.. Brundage wanted to take
on phrase guaranteeing that
the conventions action should
not be construed as affecting
Section 129 Of the State Consti-
tuition. That section requires the
State to maintain an efficient"
public school system. The sec
ton of the constitution that the
convention was called to amend
was Section 141.
Suspects Scuttling
THAT sounds innocent enough,
yet I fear its purpose is to scut-
tie what we're here to do" said
Delegate James Easley of Hall
fax. He apparently was recall
ing that Mr.. Brundage had OPP
posed calling the constitutional
convention.
Delegate Wiley Richard
Broaddus. jr.. of Martinsville.
chairman of the Privileges and
Elections Committee, asked Mr..
Brundage if he also would like
to add a phrase guaranteeing
that Section 140 would remain
intact. That is the section that
requires segregation in public
schools.
mo, sir" replied Mr.. Brun-
dage. There is no litigation over
Section 1919, but the Federal
courts have contravened Section
140-or we would not be here
today"
Mr.. Brundage cast the only
vote for his amendment.
The Privileges and Elections
Committee earlier yesterday de-
Iclined to consider a resolution
Offered by Delegate Dick Rouse
of Bristol to place the conven-
ton on record against the Moore
resolution pending before tbs
General Assembly. The Moore
resolution would defer a special
session of the General Assembly
any time soon. When the cons
vention first was called. it was
assumed a special General As
sembly session would be held
shortly afterwards to implement
the Gray plan.
Referred to the Privileges and
Elections Committee for consiG-
Grafton today was another reso-
luton calling on the Governor
To GET q snacial Gnnnrnl ~