The Farmville herald. (Farmville, Va.) 1957-current, 1962-01-02
State Supreme Court Will
Hear School Case January 5
Oral Arguments
Follow Counsels'
Written. Briefs !

When the Virginia Supreme
Court begins hearing oral argu-
ments on the Prince Edward
.ountv schools case on January
3. the justices will hear counsel
Or the contending litigants take
ametr-ically opposite views on
ne meaning and intent OF the
Virginia Constitution.
The case, involving a Negro
plaintiffs petition for an order
compelling county supervisors to
appropriate funds to reinstate
public schooling. has been set
tentatively for next Monday one
week hence.
January 8 is the first day Of the
next session Of the States highest
;ourt. The justices opinion could
come some time in February.
When it does come. the opinion
Is certain to have import Of the
greatest significance, since the
Ease involves fundamental con-
stitutiOnal issues.
Late last week. counsel for the
Negro plaintiff submitted writ
ten brief to the court contending
that the Virginia Constitution re-
uuireS boards of supervisors to
levy and collect taxes for free
public schools.
State Enters Case
Early last month, the Court had
received briefs from counsel for
the State and the board of county
supervisors. They contended there
is no such constitutional obliga-
ton on the county.
The latest brief was filed by S.
w. Tucker, counsel for the Rev.
T.. F.. Griffin, of Farmville. who
instituted the mandamus petition
on behalf of his son, L. F.. Grit
fin, Jr., an elementary school age
child.
The earlier briefs were filed by
counsel for the supervisors. Frank
N. Watkins, j. Segar Gravatt and
Collins Denny, Jr., and by Attor-
ney General Frederick T. Gray.
The attorney generals brief was
filed on behalf of the State. and
legally supports the position that
no constitutional obligation rests
on the county. Gray was admitted
to thu case as a friend of the
court upon the request Of the
State since its interests are SO
closely involved.
The plaintiff petition for a
writ of mandamus, however. is
directed only to the county super
visors, as the chief agency in
volved in what the petition con-
tends is a circumvention of fed
eral court orders to desegregate
public schools. of the county.
PlalntllfS Arguments
Referring to the pertinent Sec
tons of the Virginia Constitution,
1873, 1873 and 1856, Tucker contend,
ed in his written brief last week
that
The fundamental law Of the
Commonwealth clearly expresses
the purpose and mandate Of its
citizens that the system of public
schools operate in every city and
county in Virginia
Boards of supervisors OF the
counties and councils of cities and
towns are recognized by the Con-
Stitution as mere administrative
agencies of the state created for
the execution of essential state
I'm mandatory terms the Con-
shtution imposes upon these
bodies the duty Of levying and
collecting local school taxes for
establishing and maintaining such
schools as in the judgment Of the
local school authorities the public
welfare may require"
The county'S brief contends that
the constitutional obligation Of
these Sections. whatever they
may be. are intended for the Gen
eral Assembly, not the county: al
SO. that the county's position un-
der the law is discretionary one,
not obligatory.