The Farmville herald. (Farmville, Va.) 1957-current, 1963-01-11
School. Cases
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lous procedure"

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Prince Edward Case
Denny is also counsel for the
Prince Edward school board,
which was one Of the defendants
in the Circuit Court case involv-
ing Prince Edward. Denny said
the Prince Edward suit is an
outrageous effort to get the court
to so extend the language OF the
1854 Supreme Court decision as
to require maintenance Of pub
lie schools.
There is no such requirement.
he asserted, either in the 1861
decision or in the U. S. Consti-
tuition. Denny said attorneys for
the Negroes in the ll-year-old
suit have stated more recently
that the U. S. Constitution is
violated unless nonsegregatad
public ools are operated.
Denny challenged the Negro at
torney to show him a provision
in the Constitution requiring the
operation of public schools.
There is a provision for equal
protection. he added. Thus when
schools are operated. the people
must be treated equally. He in
sisted that public schools in Vir-
ginia are operated by the local.
ties and that the closing Of
schools in Prince Edward af-
fects everyone equally.
Supervisors Counsel
j. Segar Glavatt, representing
the Prince Edward board OF
supervisors, argued that the &C
tons taken in Prince Edward
are consistent with the Supreme
Court decision of 1854 and with
the Constitution.
R. D. Mcnwaine, III, assistant
attorney general of Virginia. al
gued that the historic. local
option feature of Virginia public
school laws violates no rights
guaranteed under the l4th
amendment. He cited cases
where city authorities have clos
ed certain public facilities,
rather than have them inte-
grated, and court opinion have
held that the city authorities
need not operate such facilities.
When these public facilities are
closed, as in the case of public
schools. he added, there is no
discrimination.
Justice Department
Burke Marshall, assistant U. S.
attorney general, expressed the
view that the court could re-
quire Prince Edward board of
supervisors to levy taxes and
appropriate money for county
public h Is. He predicted
grave consequences if the court
holds there is no way to compel
the reopening of public schools
in Prince Edward.
Marshall told the court that it
would be an unusual action"
for the court to require the
board of supervisors to provide
the necessary school funds, bu.
there is no general immunity
from federal process to compel
the levy Of taxes" He contends
that the 18th amendment. ban
ming suits against a state, does
not apply to this case.
The Justice Department
spokesman said the purpose of
the Federal government inter
vention as a friend of the court
lis to attempt to assist the
courts. the states and the locali-
ties to achieve compliance Of the
Federal court orders, with the
least possible disruption to the
education of the children in
volved."
In the light Of deep involve
ment of the state in public
schools in Virginia, he claims
the closing of schools in one 10
cality is contrary to the l4t,l
amendment.
Robert L. Carter, Of New
York, attorney for the NAACP,
contended that the state is under
an obligation to m aintain a
statewide school system, and is
doing so everywhere but in
Prince Edward county. He
agreed with the Justice Depart
ment that the court could COM
pei the supervisors to provide
the necessary money, but he
said it also could prevent the
expenditure of state funds for
other public schools in Virginia,
until Prince Edward schools are
open.
In discussing an injunction
meetings these figures will be-
come official for the coming