Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14
Text of Suit
In Virginia.
School Issue

Following is the teri of the
statement issued in Rich
mond BY Virginia Attorney
General Albertis S. Harrison,
IT,, IN announcing that the
State had filed suit to test its
DUN ntGSSiDe resistance lGwS
against iHtegrution.
I have today filed in the
Supreme Court Of Appeals Of
Virginia a petition for writ Of
mandamuS against the Honor
able Sidney c. Day, controller
of Virginia.
| This proceeding is being insti-
tuted to test the constitution
atty of certain enactments Of
the General Assembly of Vir-l
ginia, principally those that
provide for the payment Of
tuition grants to students who
/ formerly attended a public
school. closed by operation of
law and which is being admin
IStered by the Governor, and
payment of such grants to stu
dents who are unwilling to
attend an integrated school. !,
In effect, the proceeding will
test the validity Of what is COM
monty known as the School
Closing Law and the Fund
Cutoff Law" for under both of
these enactments tuition pay
ments for children to attend
private schools are envisioned.
This type of action is pro-
vided for by Sec. 8-7l4 of the
Code of Virginia. and is one
that has been used many times
/ in Virginia to obtain a con-
struction or Interpretation or to
test the validity Of an act of
the General Assembly.
In view of the crisis in our
schools in Virginia brought
about by the inforced integra-
ton Of the races therein and
the likelihood that payment of
tuition grants under various
acts of the General Assembly
would be necessary in the very
near future, it was felt advfs-
able for this step to be taken.
In a matter of this Importance
to Virginia and one which
involves payment of large
sums of money, it is eminently
proper that the validity of
these laws, passed by the Gen
eral Assembly of Virginia,
should be construed by the
Supreme Court of Appeals Of
Virginia.
1t is a matter of common.
knowledge that some persons
have indicated an intention to-
test the laws in question in the
courts. If such a test is to be
made, it should be in Virginia's
Appellate Court, for there are
few Federal questions involved
AS to such Federal questions an
appeal can be made directly To-
the Supreme Court of the
United States from any deci-
sion Of the Supreme Court of
Appeals of Virginia.
1.-THE procedure we are fol-
lowing is in our opinion not
only proper, but the quickest
way to secure a determination
of the issues. Furthermore it
is consistent with the policy
that Virginia has followed
since this crisis was precipi-
tated by the decision of the
Supreme Court Of the United
States in May 1854, to meet
the problem openly and to-
combat it as best we can in
every legal, constitutional and
honorable way.
1.-THE Governor of Virginia
was consulted before the petit
ton was filed and the proceed
ing is with his consent and
approval.
Mr.. Chief Justice Eggleston
of the Supreme Court of APP
peals of Virginia has been adj
vised of the filing of the petit
ton, and copies have been sent
to him and all other justices
of the court. The court will APP
point counsel to represent the
comptroller. It is hoped that a
hearing can be had at an early
date"