The Farmville herald. (Farmville, Va.) 1957-current, 1962-07-27
Court Order
Continued from page u

ton and inaction of the forego-
ing state and county officials
resulting in the closing of the
Prince Edward County schools
was local action, beyond the
purVie Of the Fourteenth
Amendment. is not well taken.
County has been defined as a
body polite. or political Subdi-
vision of the state, created by
the legislature for aGninistra-
tive and other public purpose S /.
1t is generally regarded as
merely an agency or arm of the
state government.
The United States Constitu-
ton recognizes nc governing
units except the federal govern
ment and the states. A con
trary position would allow a
state to evade its constitutional
responsibilities by carve-outs of
small units. At least in the area
OF constitutional right. speclfi-
cally with respect to education,
a state can no more delegate to
It's subdivisions the power to
discriminate than it can itself
directly t a b S h inequali-
ties
Judge Lewis notes that, IN
the event the public schools of
Prince Edward County are re-
opened and maintained in ac-
cordance with the order of this
Court entered herein on the
22nd Gay of April, 1860, it will
not be necessary to enter a
more formal order"
This apparently means that if
the schools are opened up by
the county. the court will not
take further action, which would
directly involve the State of Viz
ginia.
Nowhere in his opinion does
the judge indicate what he will
do if the schools are not re-
opened, except to have a fur
Their hearing on September 7.
The question of who will pro-
vide the funds for the operation
OF a public school in the county
IS not raised or answered. But
Judge Lewis apparently will
hold the State responsible for a
tree system of public schools.
Judge Lewis says that the
local school boards have been
given 1.-THE responsibility by law
OF establishing, maintaining and
operating the school system
along with the State Board of
Education. Superintendent of
Public Instruction and Division
Superintendent of Schools. The
Supreme Court Of Appeals has
so held.
Thus it is clear the public
schools of Prince Edward Conn-
ty are not under the sole con
troll of the county "
He pointed out that the public
schools in Virginia are primari-
ly administered on a statewide
basis and goes on to say. "Nev-
ertheless the public schools of
Prince Edward County have
been closed for the past three
years. This was accomplished
ty the refusal of the Board of
Supervisors to levy taxes or ap-
proprlate money for the mainte-
nance of public schools. all of
Which was IN accord with the
expressed policy of the Board of
Supervisors in their attempt to
avoid the requirement of the
Brown decision. This action was
taken with the full knowledge
and acquiescence Of the State
Board of Education, the Super
intendent of Public Instruction.
the School Board of Prince Ed
ward County. and the Division
Superintendent.
In these circumstances true
focus is not on the Board of
Supervisors. but on the above
named school officials, all of
whom directly or indirectly are
state officials. They cannot abb
dictate their responsibilities eth
er by ignoring them or by mere
ly failing to discharge them.
whatever the motive may be-"
Judge Lewis pointed out that
he wanted the question answer
ed in the State courts. as to the
legality of the school closing.
But it was not answered there so
he felt some action should be
taken on his part.
To further abstain is to fur
Their delay his opinion says,
and further delay in the form
al education of LOO children
would create an irreparable
loss. These children are entitled
to know whether any of their
federally protected rights are be-
ing abridged. The motion to fur
Their abstain will be denied"
Judge Lewis further says that
the public school of the county
are not under the sole control of
the county. He points to the con-
sutton Of Virginia which" +.
requires the State to maintain