The Farmville herald. (Farmville, Va.) 1957-current, 1958-06-06

Nirgnia's position. The assignment law
only has run the legal gamut to the Su-
prcme Court, resulting in decisions against
the State. A new assignment law viii be-
come effective June 27, which we presume
will be attacked and begin it's journey
through the legal processes
Thus Virginia has taken stand for con-
stltutlonal government and has supported
its position with legal procedures.
Nationally Arkansas, a state which ac-
copied the dictum Of the Supreme Court.
has been torn by racial differences Police
powers of the Governor of Arkansas were
usurped by order Of President Eisenhower
by legally questionable authority. Eight
months Of school operation has been com
pleted under supervision Of troops muster
ed into federal service. at a cost to the tax
payer Of $40 million. Nine Negro pupils
among the student body of 800 have COM
plcted the year with one in the graduating
class Of SOC seniors. The Little Rock school
board has pettioncd the district court to
delay Indignation until January 1861. be
cause OF student. teacher and parent unrest
Negro migration To Northern cities has
added to the problems Of the Negro mi
grants and to the cities Intcrracial Incl
dents have occurred widely through the
north All Of which plays into the scheme
Of the Communists who thrive oil confu-
sion and dissension.
This is the picture As we now see it.
The situation stems from pressure
groups. which have been at work for sew
eral years. Had the Constitution of the
United States been amended to take control
Of the public education from the state GOV
crnments much Of the present unrest would
have been avoided. On the contrary when a
decision of the Court in effect amends the
Constitution, confusion must be expected
The decision of the court has been hailed in
some quarters as the law Of the land" Tn
der our Constitution, Congress makes the
laws. the Court construes them according to
the basic constitutional provisions 50 far
as we can determine Congress has made no
law requiring intergratcd public schools
The roundabout judicial method Of amend
ing the Constitution is contrary to the in
strument itself
he State Of Virginia is under attack. The
county Of Prince Edward il one Of the at
tack points.
On June 6, Judge Sterling Hutchinson
VIII receive motion by the NAACP. If
former strategy is followed he will be asked
to set date for racial desegration of public
schools in Prince Edward
He Will receive also a brief attacking the
constitutionality Of the Supreme Courts de-
clsion to be presented by John Bradley
Mlnnick an Arlington lawyer, as "a friend
Of the Court"
Mr.. Minnick seeks a decaratory iudg-
ment from the Federal courts. "The kew
point in this whole controversy" states the
Richmond News-Leader, SIS whether the
Fourteenth Amendment, adopted in 1868,
prohibited the States the power to operate
racially separate schools. The fifth section
OF the Amendment vested in Congress pow
CT to enforce the provisions of the Amend
ment by appropriate legislation.
Nv hat Mr.. Minnick points out is that
Congress. far from attempting to outlaw
Htate operation OF separate schools twice
has specifically sanctioned separate schools
N statutes still on the books One Of these
laws is the Morrill, Act of 1890 dealing with
land grant colleges; the other is the basic
Act for Admission of New States. These
are the laws Of the United States made in
pursuance of the Constitution, and as such
are the supreme law of the land
Mr.. Minncks argument is that here Is
specific legislation - not arguabe history
or mere conjecture adopted bv the Con
gress under the Fourteenth Amendment
ne two acts have never been ruled void
they carry the strong presumption of con
stltutionality: they represent appropriate
legislation as to schools, and they provide
convincing evidence of constitutional con-
hy bo