1961 US Commission on Civil Rights Report Book 2 - University of ...

Notes: Education, Chapter 6—Continued
private school tuition grants and $30,000 for transportation of
students attending private nonsectarian schools in the county, the
only ones in existence in the county being the Prince Edward
Foundation schools. (Norfolk, Va.) Journal & Guide, June 17,
<strong>1961</strong>, p. 4.
107. Special Report of <strong>Commission</strong> Staff on Prince Edward County
field survey, Apr. 7, <strong>1961</strong>, p. 8.
108. Williamsburg Transcript 86 (testimony of Dr. W. Edward Smith,
chairman of the School Board of Prince Edward County, Va.)
109. Williamsburg Transcript 94, 98.
110. See App. IV, table 3.
111. Va. Acts 1960,ch. 448,p. 703.
112. Va. Acts 1956, Ex. Sess., ch. 64, p. 63. Mr. J. B. Wall, Jr., counsel
of the foundation, told the <strong>Commission</strong> at its Williamsburg
conference that the teachers employed by the foundation, with a
few exceptions, had elected to continue under the Virginia supplementary
retirement act so that the foundation paid 4.5 percent
of teachers' salaries into the State pension system. Williamsburg
Transcript 100.
113. Allen v. County School Board of Prince Edward County, Va., Civ.
No. 1333, E.D. Va., 1960. On Aug. 23, <strong>1961</strong>, the District Court
deferred decision of the issue of the closing of the county public
schools to avoid racial discrimination until the State courts passed
upon the question. It found, however, that the appropriation of
county tax funds, in the guise of tuition grants and tax credits
circumvented the court's desegregation order. The county board
of supervisors and other local officials and employees were, therefore,
enjoined from paying out county funds under the "grant-inaid"
and "tax credit" ordinances and also from approving any
applications for State tuition grants so long as the county public
schools were closed. It was the court's opinion that the Virginia
statute providing for "freedom of choice" between public and
private schools could not apply in the absence of public schools
so that State grants could not be made available to residents of
counties where public schools had been abandoned.
114. 358U.S. 1,9 (1958).
115. Pennsylvania v. Board of Directors of City Trusts, 353 U.S. 230
(1957)-
116. In re Estate of Stephen Girard, 138 A. 2d 844 (Pa. 1958), cert.
denied, 357 U.S. 570 (1958).
117. 149 F. 2d 212 (4th Cir. 1945), cert, denied, 326 U.S. 721 (1945).
118. Id. at 219.
119. 78 F. Supp. 451 (D.Md. 1948).
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