Evening star., 1962-12-14

COuTJ dCCeIlJeu JIle ullSlllllld
court has ruled that public
schools cannot be operated
elsewhere in the State as long
as those Of Prince Edward
County remain closed.
DR.. Wilkerson was one OF the
witnesses yesterday in a two
day trial in Richmond Circuit
Court designed to obtain a rul-
ing-eventually in the State
Supreme Court Of Appeals-on
the responsibility Of the Com
monwealth, under its own con-
stitution, to provide the public
free schools everywhere.
"Is there any way you or the
State Board of Education
could have prevented the clos
ing of schools in Prince Edward
County," asked Collins Den
ney, jr., counsel for the coun-
ty school board.
mo" DR.. Wilkerson replied.
II know Of no such power"
do you know of any power
you or the State board has to
90 into Prince Edward and
operate public schools?" Mr.
Denney asked.
mo, / do not" the Superin-
tendent answered.
Term System" Is Stressed
The court was told today
that it is the sole responsibility
of local school boards whether
to establish and maintain pub
lie schools in Virginia.
Mr.. Denney, jr.. said the Vir-
ginia constitutional require
ment that the General Assem-
bly, shall establish q system of
free public schools throughout
the State" has been complied
with by the creation of a State
Board of Education and enact
ment Of school laws.
He emphasized that it is the
system" as opposed to individ-
ual schools to which the consti-
tutional mandate applies.
Other sections of the State
constitution clearly give local
school boards discretionary
power as to whether schools
shall be operated.
The Prince Edwards County
School Board is seeking an in
depreciation in State courts Of
the responsibilities Of the State
and of its localities to operate
public schools.
United States Rulings Noted
In the immediate background
is an opinion from Federal
District Judge Oren r. Lewis
holding that the public schools
Of Prince Edward cannot re-
main closed while those else
where in Virginia remain open
on grounds that this violates
the equal protection clause of
the Federal Constitution. That
ruling is being appealed, and in
the meantime the State Court
here is hearing the test Of State
constitutional requirements for
public education.
Mr.. Denney said the Federal
court made the mistake of as
suming Virginia operates its
public schools, whereas the
State merely helps support
them II a local school board in
its discretion operates schools.
Long before anyone thought
of desegregation in public
schools" Mr.. Denney said. "Vir-
ginia set up a system Of au-
tonomous subdivisions. Within
your autonomous subdivisions
you've got to give equal treat
ment and that is what Prince
Edward is doing"
OverrOde Objections
At yesterdays hearing T. ].
McIlwaine, the county's school
superintendent, testified that
schools we're closed over his
objections and those Of a ma
jority of the county school
board.
He said five Of the six men,
bers Of the school board re-
signed, giving as one reason a
disagreement with the County
Board Of Supervisors over its
refusal to appropriate public
funds for the operation of
schools after a Federal court
ordered deSegregation.
Another reason they quit. Mr.
McIlwaine said, was disagree
ment over a decision TO sell
public school shop equipment
TO private individuals.
S. w. Tucker. chief counsel
for the Virginia branch of the
National Association for the
Advancement OF Colored Peo-
pie. questioned Mr.. McIlwaine
closely on the sales.
II hope TO show" he said,
that this property went to the
foundation school since 1t has
been testified here that the