Harrison v. NAACP Transcript of Record

    VOLUME II

TRANSCRIPT OF RECORD

Supreme Court of the United States
OCTOBER TERM, 1958

No. 127

ALBERTIS S. HARRISON, JR., ATTORNEY GENERAL 
OF VIRGINIA, ET AL., APPELLANTS,

vs.

NATIONAL ASSOCIATION FOR THE ADVANCE­
MENT OF COLORED PEOPLE, A CORPORATION, 
AND NAACP LEGAL DEFENSE AND EDUCA­
TIONAL FUND, INCORPORATED.

APPEAL FROM  T H E  U N IT E D  STATES DISTRICT COURT FOR T H E  
EASTERN DISTRICT OF VIRGINIA

FILED JUNE 25, 1958
PROBABLE JURISDICTION NOTED OCTOBER 13, 1958



SUPREME COURT OF TPIE UNITED STATES
OCTOBER TERM, 1958

N o. 127

ALBERTIS S. HARRISON, JR., ATTORNEY GENERAL 
OF VIRGINIA, ET AL., APPELLANTS,

vs.

NATIONAL ASSOCIATION FOR THE ADVANCE­
MENT OF COLORED PEOPLE, A CORPORATION, 
AND NAACP LEGAL DEFENSE AND EDUCA­
TIONAL FUND, INCORPORATED.

APPEAL FROM T H E  U N ITE D  STATES DISTRICT COURT FOR T H E  
EASTERN DISTRICT OF VIRGINIA

INDEX
O riginal P r in t

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436
Complaint of NAACP ---------- ------ ___ ------  ---- 2 1
Motion of NAACP to dismiss-------- --------- ------- 20 16
Answer of N A A CP----------------- -----— ---------
Complaint of NAACP, Legal Defense and Educa-

29 20

tional Fund, Inc. _____________
Motion of NAACP, Legal Defense and Educa-

34 24

tional Fund, Inc. to dismiss -------
Answer of NAACP, Legal Defense and Educa-

51 38

tional Fund, Inc. -------------------- 54 40

R ec o r d  P r e s s , P r in t e r s , N e w  Y o r k , N . Y ., J a n u a r y  9, 1959



11 IN D E X

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436—Continued Original Print
Opinion, Soper, J. _________________________  59 43
Concurring in part and dissenting opinion,

Hutcheson, J . ____________________________  112 94
Judgment _________________________________  139 122
Notice of appeal ___________________________  183 124
Cross-designation __________________________  187 127
Clerk’s certificate (omitted in printing) _______ 190 128
Transcript of trial proceedings, September 16, 17,

18 and 19, 1957 __________________________  1 129
Appearances ____________________________  2 129
Colloquy between court and counsel________ 2 129
Testimony of W. Lester Banks—

direct ________________  8 133
Colloquy between court and counsel________  15 137
Testimony of W. Lester Banks—

direct ________________  21 140
cross _________________  22 141

Motion to strike testimony and overruling
thereof _______________________________  23 142

Testimony of W. Lester Banks—
cross _________________  23 142

Roy Wilkins—
direct ________________  61 164

Offers in evidence ______________________  63 166
Testimony of Roy Wilkins—

cross_________________  79 175
Oliver W. H i l l -

direct ________________  130 206
cross _________________  137 211

Jack C. Orndorff—
direct ________________  170 230

Robert D. Robertson—
direct ________________  176 234

Mrs. Sarah Brooks—
direct ________________  184 239
cross ____________ -_____ 190 242

Mrs. Mildred D. Brown—
direct ________________  193 244
cross _________________  201 249



IN D E X 111

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436—Continued
Transcript of trial proceedings, September 16, 17,

18 and 19, 1957—Continued O riginal P r in t

Testimony of Mrs. Edith Burton—
direct ------------------------- 204 250

Mrs. Margaret I. Finner—
direct ----------- ------------- 207 252
cross ------------------ ------- 213 255

Mrs. Barbara S. Marx—
direct ------------------------- 218 258
cross _________________ 224 262

Colloquy between court and counsel------------- 226 263
Testimony of Sarah Patton Boyle—

direct ________________ 227 264
cross ----- -------------------- 232 267

Offers in evidence------------- -------------------- 235 268
Testimony of Thurgood Marshall—

direct ________________ 248 275
Offers in evidence ______________________ 249 276

Testimony of Thurgood Marshall—
cross - ------------ --- -------- 290 301

Martin A. Martin—
direct ________________ 321 320
cross ..... .....- ---------------- 325 322
redirect ---------------------- 329 324

Roland D. Ealey—
direct ________________ 329 325
cross _____ _______ __—. 331 326

S. W. Tucker—
direct ________________ 336 329
cross _________________ 338 330

Plaintiffs rest ___________________________ 341 332
Testimony of Spotswood W. Robinson, I I I—

direct ------------------------ 342 333
cross .......-..... ....... ............ 358 342

Colloquy between court and counsel _ -------- 360 344
Testimony of Leonard R. Bland—

direct ______ __--- ------- 364 346
cross --------- --- ------------ 369 348



IV IN D E X

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436—Continued
Transcript of trial proceedings, September 16, 17,

18 and 19, 1957—Continued Original Print
Testimony of Alma R. Randle—

direct __________________  375 352
cross ___________________  378 354

Maude E. Walker—
direct __________________  387 359
cross _____ -___________  389 360

Sarah Elizabeth Hicks—
direct __________________  395 364
cross ---------------------      396 365
redirect ________________  402 368

Rosa Bell Davis—
direct __________________  403 369
cross ___________________  406 370

Robert Drakeford—
direct __________________  410 373
cross ___________________  413 375

Moses C. Maupin—
direct ______ _̂________  416 376

C. W. Woodson, J r.—
direct __________________  419 378
cross ___________________  422 380
redirect ________________  426 383

Herbert B. Adams—
direct __________________  428 384
cross___________________  432 387
redirect ____________   446 395
recross _________________  447 395

C. T. Coates—
direct __________________  447 396
cross ___________________  453 400

Harold Clark Taylor—
direct __________________  465 406
cross ___________________  469 409

J. P. Culpepper—
direct ____________    472 411
cross___________________  475 413

Dr. Francis V. Simpkins—
direct __________________  477 414



IN D E X V

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436—Continued
Transcript of trial proceedings, September 16, 17,

18 and 19, 1957—Continued Original Print
Statement by Judge Soper ________________  483 417
Testimony of Dr. Francis V. Simpkins—

(resumed)—
direct _____________    485 418

R. Bland—•
(recalled) —

cross ____________   487 419
Offer in evidence_________________________  488 420

Testimony of R. Randle—
(recalled) —

cross___________________  489 421
Offer in evidence_______________    490 422

Testimony of Mrs. Sarah Elizabeth Hicks—
(recalled) —

cross _...-_______________  492 423
Offer in evidence--------------------------------------- 492 423

Testimony of Rosa Bell Davis—
(recalled) —

cross ________________ -  493 424
Offer in evidence_________________________  494 424

Testimony of Maude E. Walker—
(recalled) —

cross__. _______________  494 424
Offer in evidence ..._______________________   497 426

Testimony of Maude E. Walker—
redirect ________________  498 426

C. Harrison Mann, J r .—
direct ____________    500 427
cross ______________   510 434

B. B. Rowe—
direct __________________  541 452
cross ___________________  548 456

Plaintiff’s statement in re purpose for which 
newspaper articles (Plaintiff’s Exhibit 5) 
are offered __________________      550 457



V I IN D E X

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436—Continued
Transcript of trial proceedings, September 16, 17,

18 and 19, 1957—Continued O riginal P r in t
Testimony of Julian A. Sherman—

direct ________________  557 464
John Patterson—

direct ________________  561 466
cross _________________  571 472

Otis Scott—
direct ________________  575 475

Mrs. Viola Neal—
direct ________________  580 477
cross _________________  583 479
redirect ______________  585 480

George P. Morton—■
direct ________________  589 483
cross _________________  596 487

George R. Fridell, J r .—
direct ________________  600 490

Plaintiffs r e s t________________    604 492
Colloquy between court and counsel-------------  605 493
Reporter’s certificate (omitted in printing) ---- 612 496

Plaintiff’s Exhibits:
No. 1—Certificate of Incorporation of the Na­

tional Association for the Advancement of 
Colored People, dated May 25, 1911 with 
certificate of Secretary of State of New York
and attachments _______________________  613 496

No. 2—Constitution of the NAACP ------------  620 503
No. 3—Constitution and By-Laws for Branches

of the N A ACP_________________________  621 505
No. 6—General Assembly of Virginia’s Act to 

provide for submitting to the qualified elec­
tors the question of whether there shall be 
a convention to revise and amend Section 
141 of the Constitution of Virginia, approved
December 3, 1955 ---------------------------------- 622 506

No. 7—General Assembly of Virginia’s Act ap­
proved January 19, 1956 ------------------------  625 511



IN D E X

Record from the U.S.D.C. for the Eastern District 
of Virginia, Richmond Division, in Nos. 2435 
and 2436—Continued
Plaintiff’s Exhibits:—Continued O riginal P r in t

No. 8—Senate Joint Resolution No. 3, Com­
monwealth of Virginia General Assembly,
adopted February 1, 1956 ...._______________  628 516

No. 9—An ordinance to ordain |n d  proclaim 
as a revision and amendment of Section 141
of the Constitution of V irg in ia____________  632 520

No. 10—Commonwealth of Virginia, General
Assembly, House Joint Resolution No. 97 _  634 522

No. 11—Acts of Assembly Relating to Educa­
tion, General Assembly of the Common­
wealth of Virginia, Extra Session 1956 ----------  635 523

No. 12—Address of Thos. B. Stanley, Governor 
To the General Assembly, Monday August
27, 1956 _____________________     690 625

No. 13—Article entitled, “Students, Backed by
Petition, To End Strike at Farmville” ..... . 698 634

Defendant’s Exhibit:
No. 3—Letter from U. S. Tate to Thurgood

Marshall, dated December 6, 1955 __________  699 636
Letter from Robert L. Carter to Clerk, U.S.D.C., 

dated September 26, 1957 pursuant to agree­
ment of counsel with enclosures------------- --- _ 702 640

Letter from Oliver W. Hill to Walkley Johnson,
Clerk, dated October 7, 1957 pursuant to stipu­
lation of counsel with enclosure___________   709 645

Order noting probable jurisdiction _______________  711 647

Clerk’s Note.- R. R. Morton School should be 
R. R. Moton School. Casper should 
be Kasper.

vii



333

E vidence Adduced in Behalf of the Defendants

Spotswood W. Robinson, III, called as an adverse wit­
ness by the defendants, being first duly sworn, testified 
as follows:

Direct examination.
By Mr. Gravatt:

Q. State your name, residence, and occupation.
A. My name is Spotswood W. Robinson, III; my resi­

dence is 2500 Brook Road, Richmond, Virginia; I have a 
law office at 623 North Third Street, Richmond, Virginia; 
I am an attorney at law and I am Southeast Regional Coun­
sel for the NAACP Legal Defense and Educational Fund, 
Inc.

Q. You were formerly associated in partnership in the 
practice of law with whom!

A. With Oliver W. Hill and Martin A. Martin as part­
ners. There was a fourth attorney in the office who was not 
a partner, James R. Olphin.

Q. You have severed that relationship?
A. That is correct.
Q. When did that take place ?
A. About the 1st of September, 1955.

[fob 343] Q. Did the dissolution of your partnership re­
lations with Mr. Martin and Mr. Hill have anything to do 
with your affiliation with the Legal Defense Fund and their 
affiliation with the State Conference of Branches of the 
NAACP?

A. No, it did not.
Q. What are your duties as Regional Counsel for the 

Defense Fund?
A. To engage in research of a legal character when there 

is occasion therefor, to render service to parties who may 
personally request me to do so to render service for 
them, to render service to litigants upon the request of 
their attorneys, such latter services to be rendered along 
with the services that their own attorneys will render for 
them.

Q. What investigation, if any, are you required to make 
of the litigants or clients whom you represent on behalf 
of the Legal Defense Fund?



334

A. If it is a situation in which I know that a party 
is able to conduct his own litigation without the necessity 
of assistance from the Legal Defense Fund, under such 
circumstances I would not undertake to represent that 
party.

Q. Do your duties require you to make any investi­
gation of those persons who apply to you for legal as- 
[fol. 344] sistance to ascertain whether or not they are 
financially able to pay for legal service?

A. If you mean by that, Mr. Gravatt, obtaining a credit 
report, looking extensively into the financial situation of 
the parties who may request that assistance, the answer 
is no; and, as a matter of fact, as a matter of practice, 
I have never done it.

Q. Do your duties as Regional Counsel require you to 
make any investigation of those whom you represent on 
behalf of the Defense Fund?

A. I consider that the obligation on me in that regard, 
Mr. Gravatt, simply requires me to exercise my judgment 
upon the appearances as they do appear to me and not to 
represent parties where it is plain that those parties are 
able to afford their own legal counsel.

Q. Do you or do you not make any investigation to as­
certain whether or not the prospective client can finance 
his own litigation?

A. I do not make an investigation beyond the point of 
looking at the client, if the client comes into the office, 
exercising judgment as to appearances as they do appear, 
and considering those in the light of what I am requested 
to do. It so happens, Mr. Gravatt, that in recent times 
most of the requests for my services have come to me, 
not from individual litigants, but from attorneys who have 
[fol. 345] been engaged to represent those litigants; and 
under those circumstances I simply rely upon the attorneys 
who ask me to lend them assistance in the way of my own 
services in and about those cases. I am also somewhat 
familiar with the expense of litigation of that kind. They 
have been principally matters affecting the matters of 
segregated^ public schooling, and I know, as a matter of 
fact, that in the ordinary situation a party is not alone 
able to employ his own attorney, to pay his own court



335

costs, and to finance his case through the courts to the end 
that he might obtain his constitutional right to a non- 
segregated education.

Q. Have you ever refused to represent any person who 
has applied to you, either personally or through his at­
torney, on account of that person’s being financially able 
to finance his own litigation ?

A. Mr. Gravatt, I believe so, in this sense. There have 
been occasions when people have requested me to repre­
sent them in civil actions out of which they sued. There 
have been such situations in which I have declined to act. 
There probably was a double reason in that regard. One of 
the reasons was that I felt that under those circumstances 
they would be able, without my services, to obtain other 
counsel and consequently it would not be necessary for my 
time or for the money of Legal Defense to go into a case 
of that character. It seems to me I have had a few cases 
[fol. 346] during the time that I have been connected with 
Legal Defense and Educational Fund that have fallen in 
that category.

Q. Are those types of cases of a type which are within 
the policy of the Legal Defense Fund to handle, that is, 
suits to recover damages ?

A. Let me give you an example of one that comes to 
mind. A person has been segregated on the basis of race 
on a public transportation facility. Prior to the time of 
the decision of the Supreme Court in the Morgan case and 
the decisions of the United States Court of Appeals for 
the Fourth Circuit and the Supreme Court of the United 
States on denial of certiorari in the Chance case, in all 
probability I would have rendered service in my capacity as 
a representative of Legal Defense to those persons. Once, 
however, the principle was established that a person had a 
right to travel in interstate commerce without being segre­
gated on the basis of race or color, thereby establishing 
the principle that a carrier subjecting such a person to a 
racial discrimination of that kind might render itself lia­
ble in damages on that account, there have been situations 
where I have declined, upon the request of such persons, to 
render services for him. That is the kind of situations I 
have reference to.



336

Q. I understand the kind of situation. My question was 
[fol. 347] whether that type of case falls within the policy 
of the National Defense Fund for financing attorney’s fees 
or for costs.

A. It is my understanding that once a principle has been 
established as a matter of law, in other words, the legal 
principle has been fixed, that under those circumstances 
if it is simply a denial of a right of a person remedial in 
damages that I have a right to refuse to accept a person of 
that sort.

Q. If the principle has not been established, then the 
Legal Defense Fund will pay your attorney’s fees and will 
pay the costs of a suit by a private litigant to recover 
damages for violation of civil rights?

A. That is correct, at least, that has been done in the 
past.

Q. And what becomes of the damages that are recovered?
A. Paid to the litigant entirely in such instances where 

to my knowledge damages have been recovered.
Q. Have you handled such cases ?
A. Well, I was of counsel in the case of Chance v. The 

Atlantic Railroad Company, along with Mr. Hill, perhaps 
also Mr. Martin, I believe. I believe the recovery of $50 
was effected in that case and so far as I know if it got 
paid it got paid to Mr. Chance. I think I can say, in answer 
[fol. 348] to the question, Mr. Gravatt, that there has 
never been a situation that I have been connected with where 
a party has effected a recovery and any part of that re­
covery was paid to Legal Defense and Educational Fund.

Q. You are aware, Mr. Robinson, of the provision of 
your charter, or the charter of the Legal Defense and 
Educational Fund as to the very first statement of the 
purposes of the corporation?

A. Well, there are several purposes that are enumerated 
in the certificate of incorporation. I am not certain about it.

Q. May I call your attention to this one?
A. Certainly, I wish you would.
Q. “The Corporation is to be formed for the following 

purposes-----■”
(A document was handed the witness.)
Mr. Gravatt: Yes, by all means.



337

Q. (Continuing) “ (a) To render legal aid gratuitously 
to such Negroes as may appear to be worthy thereof who 
are suffering legal injustice by reason of race and color 
and unable to employ and engage legal aid and assistance 
on account of poverty.”

Have you been aware of that provision in the charter of 
the Defense Fund Corporation?

A. Yes, I have, but I have tried, as I have already 
[fol. 349] testified—I have tried to keep my activities within 
the scope of this provision.

Q. But you have stated that you did not feel it was 
incumbent upon you to do more than to make the casual 
observation that you would make of any kind coming into 
an attorney’s office for the purpose of ascertaining whether 
or not you were complying with that provision of your 
charter.

Mr. Marshall: May it please the Court, we object to 
this argument with the witness, even though he is one of 
the lawyers. I think the same testimony has been gone 
over and over again and we are now at the point of argu­
ment. I think sometime it ought to stop.

Judge Soper: It may be, but I think a certain amount 
of cross-examination may be allowed.

[fol. 350] By Mr. Gravatt:
Q. In the light of that provision of your charter and 

with it before you, do you still insist, Mr. Robinson, that 
you did not feel and have not made any investigation to 
determine whether or not persons whom you have repre­
sented could afford litigation on account of poverty?

A. Not beyond the extent to which I have already testi­
fied.

Q. And that simply was, you said, I believe, that you 
made the ordinary observation of them that you would 
make of any person coming into your office?

A. Considering the type of thing that I was asked to 
do. I would know, for example, that if I were being asked 
to engage in a suit that would seek to remove the practice 
of racial segregation from a public school system in Vir­
ginia, that it would take a person of very substantial means 
to conduct that litigation all by himself.



338

Q. The testimony has been here that such legislation 
might cost as much, I believe, as 150 or 200 thousand dollars. 
Now, the principle having been established in the May 17, 
1954, decision of the Supreme Court of the United States, 
no such tremendous amount of money as that is involved 
in merely filing a petition asking the Court to enjoin a 
school board——

Judge Soper: That has been already conceded, 1 think, 
[fol. 351] Mr. Gravatt: Yes, sir. Well, I want to find 
out from him. The other man did not know; he was as­
suming.

Judge Soper: He gave you some figures before, some 
two or three thousand dollars, something like that, it was 
likely to cost.

Mr. Gravatt: He said he didn’t know, and I want to 
find out from Mr. Robinson what his opinion is.

By Judge Soper:
Q. Well, do you know what those cases cost!
A. No, Your Honor, except in a general way. I would 

accept Mr. Marshall’s estimate. But in all the school cases 
I have participated in since 1951 in Virginia, with the ex­
ception of the Prince Edward case, they have been cases 
that I have gotten into on the request of the attorneys who 
had already been engaged by those parties and, conse­
quently, just what the expenses amounted to and what they 
were charging, and that type of thing, were considerations 
that had nothing to do with my activities in behalf of the 
Legal Defense, and I have no real familiarity with the cost 
of those cases.

By Mr. Gravatt:
Q. Well, whether an attorney employs you or whether 

[fol. 352] you are employed by a private litigant, you are 
still working in behalf of a non-profit charitable corpora­
tion!

A. No, sir.
Q. Sir!
A. No, sir. If I am requested by a private individual 

to represent that private individual, I consider that pri­



339

vate individual my client in whatever I do, and not the 
Legal Defense and Educational Fund that pays me a re­
tainer, and if I am requested by an attorney for Client A 
to associate with that attorney in the representation of 
Client A, I consider that my obligation is to represent 
Client A and not Legal Defense and Educational Fund. I 
think it is fair to say that I  am, first, the attorney for 
the litigants who are involved.

Q. But however it may be, your services are being paid 
for by Legal Defense Fund, Incorporated?

A. That is correct.
Q. And being paid for on the basis that the litigant 

that you are representing is not able to pay for his own 
services ?

A. On the basis that I would not accept the responsi­
bility of representing that client if it appeared to me that 
that client were able to pay for his own legal services.

Q. Now, you are presently associated in which of the 
[fol. 353] cases in Virginia?

A. I am presently in the case in Arlington County, the 
case in Charlottesville, the case in Newport News, the ease 
in Norfolk, and the case involving Prince Edward County. 
I think they are all.

Q. Have you made any investigation of any of the 
litigants in any of those cases to ascertain whether or not 
they are able to pay their own financial expenses?

A. No, sir, not beyond what I have already said, and 
for the reason that I have already undertaken to give you, 
Mr. Gravatt: that the very nature of the case is such that 
it would certainly appear to me from a reasonable view­
point that unless there is a person of considerable wealth, 
that person would not be able to handle these cases alone 
without financial assistance of some sort.

Q. If you examined the records in the City of Newport 
News and found that one of the clients whom you represent 
in that case owned real estate having a market value in 
excess of $40,000, would you consider that that person was 
a proper person for you to represent under the charter pro­
vision of the Legal Defense Fund?

A. Well, I might say, Mr. Gravatt, that, of course, I 
did not make that kind of an investigation of any of the



340

litigants in Newport News. To further answer your ques­
tion, I think that I would have to know more about the 
[fol. 354] particular individual in order to formulate a 
judgment of the kind that you asked me for. All the real 
estate that you mention might be completely mortgaged. 
I don’t know.

Q. Well, if it were not mortgaged and no judgments 
against it?

A. Mr. Gravatt, I don’t think I can say more than, as 
a matter of what has happened in the past, on the basis 
of what I have done, than I have already said. The only 
thing that I could do would be to express an opinion on 
the situation on the hypothetical questions that you are 
asking me, predicated on facts that I don’t know anything 
about,

Q. Mr. Eobinson—and I don’t mean to argue when I say 
this—one of the allegations in this case is that this legisla­
tion will work a hardship on people who otherwise might 
not be able to protect their interests.

A. Yes.
Q. And I think it is important that we should know 

something about the people that you are representing at 
the present time from that point of view in connection with 
your case.

Judge Soper: Now, what is the question?
Mr. Gravatt: The question is : If he examined the land 

books in the City of Newport News and found a public 
[fol. 355] record that one of the litigants owned real estate 
of a market value in excess of $40,000; another owned real 
estate the market value of which is in excess of $14,000; 
another one owned real estate and two automobiles, one 
of which was an Oldsmobile and the other a Cadillac, and 
having real estate valued in excess of $58,000; another 
owned real estate valued in excess of $21,000 and owned 
a Chrysler and a Mercury automobile; another owned real 
estate valued in excess of $35,000 and owned a Buick auto­
mobile and two trucks; and another owned real estate valued 
in excess of $27,000 and five motor vehicles, three Chevro- 
lets, a Pontiac, and a Chevrolet station wagon—if he had 
that information, would he consider that those persons



341

were persons whom he could represent and for whom the 
Defense Fund could pay legal expenses and finance litiga­
tion on the ground of poverty.

Judge Hoffman: In a class action?
Mr. Gravatt: Yes, sir.
A. Mr. Gravatt, so long as it appeared to me that there 

were persons who were involved in the litigation—let me 
put it this way: So far as it would appear that there were 
parties involved in the litigation who could not afford that 
litigation themselves, irrespective of the financial posi- 
[fol. 356] tion of other parties to the suit, I believe that 
I would still undertake to represent the parties plaintiff in 
the litigation. Now, as I said before, you understand, the 
facts that you mention may be entirely correct. All I 
can say is that I do not know them to be correct. They 
were not at hand so far as my own knowledge was con­
cerned at the time that I decided to enter the eases. Con­
sidering the cost of litigation of that kind and assuming, 
as I am forced to assume, that there were parties there 
who could not afford to pay for the case themselves, then 
I feel that I was justified in entering the case at the re­
quest of attorneys who were engaged to represent those 
parties.

Q. Have you ever at any time had a personal conference 
with the clients whom you represent in that case?

A. In the Newport News case?
Q. Yes.
A. No, I have not. I have had occasion to talk to several 

parties who are plaintiffs to the case, but talking to the 
entire body of plaintiffs, I did not. My communications in 
that case have been in all substantial respects with Mr. 
W. Hale Thompson and Mr. Philip S. Walker, who were 
engaged by the people to represent them.

Q. Do you, in the course of these lawsuits, some of which, 
certainly the Prince Edward case, has now endured for 
[fol. 357] going on six years, I believe-----

A. Since 1951.
Q. Isn’t that right ?
A. That is correct.
Q. Do you make either verbal or written periodic re­

ports to the clients and litigants whom you represent?



342

A. Yes. I do not think that there have been any written 
reports, none that I recall, made to the clients in the 
Prince Edward case, hut from time to time while the case 
has been pending we have gone back to Prince Edward 
County, we have notified our clients of our coming—when 
I say “we” I am referring to Mr. Hill and myself—we 
have had occasion to sit down and talk to these people, 
advise them of the status of the case, and from time to 
time tried to ascertain their desires with respect to the 
case, discussed with them the plans that we had for future 
activities in connection with the case. That has occurred 
from time to time while the cases have been pending. 
There was a long interval of time, Mr. Gravatt, during 
which it was not necessary to do it, because from 1952 
until 1954 the cases were in the Supreme Court. But 
there have been several occasions upon which Mr. Hill and 
I have made an effort to keep our clients up to date, not­
withstanding the fact that there has been full publicity 
about it, and to discuss the problem of our clients. We 
[fol. 358] would notify them, we would suggest a meeting, 
we would go and talk to those who were there and, of 
course, we would formulate our plans accordingly.

Mr. Gravatt: You may inquire.
Mr. Marshall: May it please the Court, I think I have 

no choice except to proceed at this stage as one of the 
attorneys for the defense, since Mr. Robinson and I are 
the only two lawyers here, so I will have to ask the ques­
tions.

Judge Soper: Very well. Go ahead.

Cross-examination.

By Mr. Marshall :
Q. Mr. Robinson, are all of these segregation cases in Vir­

ginia class action cases ?
A. So far as I can recall, they all are.
Q. And so far back as you can remember?
A. I believe that is correct.
Q. When you estimate before a case is coming up, or 

consider it, in estimating the possible cost of litigation



343

and what yon are up against, do you look to all of the 
resources of the party you are about to sue?

A. No.
Q. Do you take that into account in estimating the cost 

[fol. 359]'of the case?
A. Of course, in all instances, Mr. Marshall, the defen­

dant, without exception so far as I can recall, of the suit 
that was just filed here in Richmond—the defendants have 
been the city or county school boards and the division 
superintendents, and, of course, I knew as a matter of 
fact that those bodies as public bodies had financial re­
sources of their own that could be used in defending other 
parties.

Q. For example, in the Prince Edward case there is 
another party involved?

A. The Commonwealth of Virginia, in the Prince Edward 
school case—and while I have not acted on the information 
contained in the public press, the Commonwealth of Vir­
ginia, through the office of the Attorney General, said it 
would be able to lend assistance to the communities finding 
themselves confronted with litigation to the end of racial 
segregation in schools.

Q. Is that also true of the Arlington, Charlottesville, and 
Newport News cases?

A. That is correct.

By Judge Hoffman:
Q. If the principle of desegregation in the public school 

system should be accepted as such, what would you view 
your individual responsibilities in connection with the De- 
[fol. 360] fense Fund to be where a parent of a child is 
financially able to employ his or her own counsel?

A. I think, Judge Hoffman, that I would take about the 
same position that I have indicated in answer to one of 
Mr. Gravatt’s questions, that I have had occasion to take 
in the past with respect to the field of transportation: 
Once a principle becomes accepted and the issue as to 
whether a child should be admitted to this school or that 
school becomes an issue that can be litigated in an in­
expensive fashion and the request is made to me for ser­
vices and the request comes from a parent who appears



344

able to take care of that service, I believe that—well, my 
present opinion would be that I simply wouldn’t undertake 
to represent the parent in that activity.

Colloquy Between Coubt and Counsel

Mr. Mays: If Your Honor please, you will remember 
from the pretrial conference that the plaintiff was to take, 
we understood, three days for the presentation of the case, 
and we have summoned our witnesses beginning tomorrow 
morning. The plaintiff, however, has elected not to put on 
some of the evidence they had intended to and, therefore, 
we come close to the end of the day and we are not prepared 
to go forward, of course, with the witnesses we have sum­
moned. We hope you will indulge us in that until to- 
[fol. 361] morrow.

And may I make this inquiry of the Court: You will re­
call at the outset yesterday that the exhibits that were at­
tached to the bill were offered, I believe, in evidence. In 
connection with the pretrial conference, it was agreed that 
authentication would not be required, but we reserved the 
right to object on the ground of admissibility, and at the 
time they were brought to the Court’s attention on yester­
day, Your Honor, Judge Soper, stated that the question of 
admissibility in these things is reserved, to which I agreed. 
We had no argument as of that time, and I am merely in­
quiring now whether it will be proper for us to make that 
argument in our brief, or whether the Court wanted that 
argument independently?

Judge Soper: It seems to me that is one of the general 
questions. I defer to my colleagues, of course, but it would 
seem on the face of it to be one of the general questions that 
you would like to brief.

Mr. Mays: I would be happy to.
(There followed a discussion off the record.)
Judge Soper: In connection with what you stated a mo­

ment ago about the admission of those various exhibits, 
that happens to throw some light on the legislative history 
[fol. 362] of the thing.

Mr. Mays: Definitely.



345

Judge Soper: That is a matter, of course, that we would 
like to have argued and briefed.

That reminds me again of the question of admissibility of 
these newspaper articles, and I repeat the request that I 
made of counsel. I do not see why that could not be put 
into our hands tomorrow, not as a binding thing and not as 
an argument, but just as a statement as to what purposes 
those articles are offered for. It may be that tomorrow or 
on Thursday we shall have some time to talk about the vari­
ous questions that we want briefed and make arrangements 
for the argument, and all that sort of thing, but I  should 
like to have counsel consider this for the convenience of all 
of us in connection with the argument and the filing of the 
briefs:

Judge Hutcheson has a number of engagements, one of 
which will take him out of the state. I shall be down here 
in attendance on the Court of Appeals beginning the 7th of 
October, and I would like you to consider whether or not it 
would be possible to get the briefs in before that date, so 
that we may have the argument on some day later in the 
week beginning Monday, October 7. That will give you 
something over two weeks. In other words, I do not ask 
for an immediate response on either side, but think that 
[fol. 363] over.

We will adjourn until tomorrow morning. Would it be 
worthwhile, Gentlemen, to meet a bit earlier, so you will be 
sure to get through in time, or is that necessary?

Mr. Mays: I don’t think it is necessary.
Judge Soper: We will meet at the usual time, ten o’clock 

tomorrow.
Adjourn the court until tomorrow morning at ten o’clock.
(Thereupon, an adjournment was taken until the follow­

ing morning at ten o’clock.)
[fol. 364] September 18, 1957

The court reconvened at 10:00 a. m.
Appearances: As previously noted.
Judge Soper: You may proceed, Gentlemen.
Mr. Gravatt: I would like to call Leonard R. Bland.



346

Leonard R. Bland, called as a witness on behalf of the 
defendants, being first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. You are Leonard R. Bland?
A. Yes, sir.
Q. Where do you live, Leonard?
A. I live in Prince Edward County, State of Virginia— 

Prince Edward County.
Q. What is your occupation?
A. Railroad man.
Q. You are one of the plaintiffs in a suit that was insti­

tuted against the School Board of Prince Edward County. 
Will you state how you became a plaintiff in that suit? 
[fol. 365] A. Well, how the beginning was, the children 
was on a school strike. I  had children in the school at the 
time-----

Judge Soper: I can’t hear him.
Will you talk this way, please. Begin again.
A. (Continuing) At the time this thing happened, the 

children was out on a school strike. Well, the parents 
called a meeting at the school in order to see what could 
be done to get the children back in school.

By Mr. Gravatt:
Q. W"as there anything said at that meeting in regard 

to the institution of a lawsuit?
A. Not at the school—the meeting we had at the school. 

The first meeting was at the R. R. Morton High School.
Q. Did you later attend another meeting?
A. I attended another meeting at the church, at the 

Baptist Church.
Q. Who called that meeting?
A. I don’t know, sir, who called it.
Q. Who spoke at the meeting?
A. It was a lot of speaking at the meeting. It is hard 

to determine just what individual did speak. There was 
a lot of speaking being done.



347

[fol. 36G] Q. Was Mr. Hill present at the meeting?
A. I am not for sure, but I think Mr. Oliver Hill was 

there. I think Mr. Oliver Hill was there.
Q. Was Mr. Spottswood Robinson present at the meet­

ing?
A. If he was, I don’t know. I didn’t know him then. He 

could have been there and I didn’t know who he was.
Q. Hid you employ Mr. Oliver Hill or Mr. Spottswood 

Robinson to represent you in the institution of a suit for 
the integration of schools in Prince Edward County?

A. You mean, did I employ him personally?
Q. Yes.
A. No, sir, not me individually.
Q. When was the first time you knew you were a plaintiff 

in that suit?
A. I thought it was all settled, after the length of time, 

until the Boatwright Committee visited my home.
Q. Do you know when that was?
A. No, sir, I don’t know just exactly what date it Avas. 

It has been a right good while ago,
Q. Was it within the last year?
A. Oh, yes; yes, sir.
Q. Was that the first time that you knew that you Avere 

a plaintiff or a party to the lawsuit against Prince Edward 
County?
[fol. 367] A. That was the first time I could remember 
anything about it, because, as I said a while ago, I thought 
it was through with until the Boatwright Committee visited 
me.

Q. Were you interested in participating in a suit to bring 
about the mixing of the races in the public schools of 
Prince EdAvard County?

A. I am unprepared at this time to answer that.
Q. What do you mean by that, Leonard? Be frank and 

explain yourself.
A. I don’t exactly understand the statement you made. 

I don’t exactly understand it.
Q. You don’t understand the statement I made?
A. No, I don’t understand it.
Q. Did you ever intend, or would you have been a party 

to a lawsuit to compel the mixing of the white and colored 
children in the public schools of Prince Edward County?



348

A. So long as the colored people got the same school, 
the same opportunities, the same facilities, and the same 
education—if they get that, I don’t see what profit it would 
be to sit side by side in the school.

Q. Have you ever had any written or oral communication 
during the course of the litigation from either Mr. Hill or 
Mr. Robinson?

A. No, sir, not me individually; no, sir.
[fol. 368] Q. Have they ever discussed this matter with 
you at any time?

A. No, sir.
Q. Have you ever received any notice of any opportunity 

to discuss it with them?
A. Prom them gentlemen?
Q. Yes.
A. No, sir.
Q. Have you had any harassment, criticism, or economic 

reprisals visited upon you as a result of your participation 
in that lawsuit?

A. From who?
Q. From anybody?
A. No, sir.
Q. Have your relations with the white people in Prince 

Edward County been the same since that suit was insti­
tuted as they were prior to that time?

A. So far, it has been the same.
Mr. Gravatt: That is all. Keep your seat. They may 

want to examine you and ask some questions.

[fol. 369] Cross examination.

By Mr. Robinson:
Q. Mr. Bland, do you recall on what day of the week the 

student strike at the Morton High School began, whether 
it was Sunday, Monday, Tuesday, Wednesday, Thursday, 
Friday, or Saturday?

A. No, sir, I don’t. I don’t know what date it would be.
Judge Soper: I think he is talking to himself, as far as 

I am concerned.



349

A. (Continuing) I don’t know what date it was. No, sir, 
I don’t know what date it was—what day it was, to save 
my life. I just don’t know.

By Mr. Robinson:
Q. Did you attend the meeting that was held in the base­

ment of the First Baptist Church in Farmville on Wednes­
day of the first week that the students were out on strike?

A. No, sir.
Q. Were you present at that meeting?
A. No, sir.
Q. You have testified that you were present at two meet­

ings?
A. That’s right.
Q. When was the first of these meetings ?

[fol. 370] A. I don’t know what time it was. It has been 
too long for me---- -

Q. Were the students still out on strike at the time you 
attended that meeting?

A. That’s right, they were still out on strike at the time 
I attended the meeting at the R. R. Morton School.

Q. A large number of people were present at that meet­
ing, were there not?

A. That’s right, a large number of people.
Q. And there was considerable speaking at that meeting; 

isn’t that so?
A. Yes, sir.
Q. Wasn’t one of the things discussed at this meeting 

a lawsuit to seek an end to racial segregation in the public 
schools of Prince Edward County—at that very meeting?

A. I don’t remember that.
Q. Did you stay all the way through the whole meeting?
A. No, I didn’t stay all the way through.
Q. When was the second meeting that you attended?
A. At the First Baptist Church in Farmville, on Main 

Street.
[fol. 371] Q. All right. The students were still out on 
strike at the time that the meeting was held and you say 
you know Mr. Oliver W. Hill?

A. Yes, sir.



350

Q. Don’t you remember Mr. Hill speaking at that meet­
ing?

A. Yes, I remember Mr. Hill speaking. That is why I 
say I knew him.

Q. Do you know my name?
A. I know it now, I didn’t know it then.
Q. What is my name?
A. Mr. Spotswood W. Robinson.
Q. Don’t you remember, since seeing me, of my speaking 

at that meeting?
A. Yes, sir.
Q. Of course you know Reverend Griffin?
A. Yes, sir.
Q. And you know Lester Banks?
A. Yes, sir.
Q. And you know Reverend Griffin?
A. Who was the first Griffin?
Q. L. Francis Griffin, Pastor of that Church.
A. Yes, sir.
Q. Don’t you remember him speaking also?
A. I can’t remember him. I can’t remember him. As 

[fol. 372] I said a while ago, so much speaking was done 
it is hard to know just who everybody was.

Q. Do you remember a Miss Barbara Johns, one of the 
students out on strike?

A. Very well.
Q. Don’t you remember her speaking.
A. Yes, sir.
Q. Mr. Bland, did you stay all the way through this 

meeting or did you just hear part of this meeting?
A. I stayed all the way through that meeting.
Q. You mean to say that you didn’t hear discussed at 

that meeting, not briefly but all of the way through the en­
tire meeting, the matter of the filing of a suit to end racial 
segregation in the public schools of Prince Edward County?

A. I don’t remember the discussion, Mr. Robinson, of 
what was discussed but-----

Q. Finish your answer.
A. Go ahead.
Q. Had you finished?



351

A. What I started to say, I do remember this, whatever 
was said was on the paper that I signed. I remember that.

Q. What was talked about at this meeting that wasn’t on 
this paper that you signed?
[fol. 373] A. Well, it was so much that was talked about, 
it is hard to tell just exactly.

Q. Do you remember what it was?
A. The talk was in regard to the school. I know that.
Q. Can you remember just what the nature of the talk 

about the schools was? Can you remember that?
A. Not too much of it, no, sir.
Q. Do you remember any of it, Mr. Bland?
A. I know it was spoke about getting a school and about 

the opportunities, and so forth like that, but to come right 
down—I was sworn in to tell the truth, but to tell exactly 
what was said in this meeting, I am afraid to take a chance 
and try to tell. That has been in 1954.

Q. You just don’t remember?
A. I don’t remember.
Q. You said 1954?
A. Wasn’t it in 1954?
Q. Wasn’t it 1951?
A, I don’t know, I thought it was ’54. Whenever the 

school strike was.
Q. You don’t remember when it was?
A. Whenever the school strike. I  remember they had a 

school strike.
Q. You spoke about a paper that you signed; you signed 

[fol. 374] the paper that had to do with the school situation 
in Prince Edward County; isn’t that correct?

A. Yes, sir, that’s correct.
Mr. Robinson: If the Court please, this may be a little 

unusual, but I would like to terminate my cross examina­
tion of this witness until I can get my file from my office 
in the courtroom on the Prince Edward County school case. 
I want to question him about the paper about which he has 
given testimony.

Judge Soper: Very well.
Mr. Gravatt: You may stand aside.
Judge Soper: Do you want the witness to stay in at­

tendance on court?



352

Mr. Robinson : Yes, Your Honor.
Judge Soper: Do you want Mm to stay in the courtroom 

or outside?
Mr. Robinson: I guess perhaps, if Your Honor please, 

it would be better to have him wait outside.
Judge Soper: Very well.

[fob 375] Alma R. Randle, called as a witness by the 
plaintiffs, being duly affirmed in behalf of the defendants, 
testified as follows:

Direct examination.

By Mr. Gravatt:
Q. Your name is Alma R. Randle, I believe?
A. That is right.
Q. Where do you live, Alma?
A. Prince Edward County.
Q. You are one of the plaintiffs in the suit that was 

instituted against the School Board of Prince Edward 
County; is that correct?

A. I found that out about six months ago.
Q. Will you state whether or not you have ever au­

thorized Mr. Oliver Hill or Mr. Spotswood Robinson to 
institute a suit for the integration of the public schools 
of Prince Edward County on your behalf?

A. All right. I work from 4 until 12. So we had a paper 
came from the school after this Prince Edward R. R. Mor­
ton School strike. This paper that my—my daughter told 
me that this paper was to sign for a better school because 
our children was out of school. I signed that paper lay­
ing in my bed.

[fol. 376] By Judge Soper:
Q. You did what?
A. I signed that paper laying in my bed for a better 

school.
Q. For a better schools in Prince Edward County be­

cause we didn’t have any school worthwhile.



353

By Mr. Gravatt:
Q. Did you understand at the time that you signed the 

paper that it had anything to do with bringing a lawsuit?
A. I  didn’t have any idea it was going to bring any 

lawsuit.
Q. Would you have signed any paper if you had under­

stood that what you were being asked to do, which was to 
bring about the mixing of the white and the colored chil­
dren in the public schools of Prince Edward County?

A. No, I didn’t know it was going to bring about the 
mixing of schools.

Q. Have you ever had any conversation with Mr. Oliver 
Hill or Mr. Spotswood Robinson?

A. I do not know Mr. Oliver Hill or Mr. Spotswood 
Robinson.

Q. Have you ever had any report from them with respect 
to any litigation that they were conducting in your name?

A. No more than what the school children bring me. 
[fol. 377] Q. What did the school children bring you?

A. No more than what I heard the people in meetings 
and what the school children bring me.

Q. You never had any contact with them at all?
A. No, sir.
Q. When did you first learn that you were one of the 

parties in whose name that suit had been instituted?
A. Well, I reckon it has been about six months ago— 

well, this summer some men from somewhere out of the 
blue came there and was telling me about it, asking me 
questions about it.

Q. Did you know at that time that you were a party to 
a lawsuit against the School Board of Prince Edward 
County?

A. No, I didn’t.
Q. Alma, have you at any time since this suit was in­

stituted experienced any mistreatment from any white 
people in Prince Edward County?

A. Well, Lawyer Gravatt, no, I hadn’t had any mistreat­
ment because I reckon they just knowed I wont going to 
take it so they didn’t give it to me.

Q. Had your relations in the community been the same 
since this suit was brought as they were before?



354

A. Mine have.
Mr. Gravatt: Yon may examine.

[fol. 378] Cross examination.

By Mr. Robinson:
Q. Mrs. Randle, did yon attend any meetings concerning 

the school situation in Prince Edward County during the 
time that the High School students at the Morton School 
were out on strike?

A. The onliest meeting I attended was at the Baptist 
Church.

Q. Wasn’t this a meeting that was held during the time 
that the school children, all of them at the Morton High 
School, were out on strike?

A. They all were out on strike.
Q. A very large meeting was held at the First Baptist 

Church in Farmville?
A. That’s right.
Q. Do you remember seeing me at that meeting?
A. I  do not.
Q. Do you know Reverend L. Francis Griffin who is 

pastor of that church?
A. I  know him personally because he wTas one of my 

personal friends.
Q. Was he at that meeting?
A. Yes, he was.
Q. Did you hear him have anything to say at that meet- 

[fol. 379] ing?
A. Yes, Mr. Griffin talked.
Q. And you still don’t remember me saying anything at 

that meeting?
A. I don’t remember you saying anything.
Q. Do you remember Miss Barbara Johns, who was one 

of the students out on strike?
A. I know her personally.
Q. You knew her quite well, didn’t you?
A. Yes, sir.
Q, And you heard her speak at this meeting also?
A. I heard her speak at the Baptist Church.



355

Q. Wasn’t the meeting called for the purpose of talking 
about the school situation?

A. That’s right.
Q. That is all that was talked about at that meeting; 

isn’t that so ?
A. Yes, the school situation, but they didn’t say mixing 

of schools, they said a better school, is what 1 understood. 
So I am not educated like you all and I didn’t know about 
the non-segregated school. But we was fighting for a better 
school.

Q. Do you mean to say that during the course of this 
meeting you did not hear discussed, all of the way through 
that meeting, the matter of seeking opportunities in the 
[fol. 380] schools of Prince Edward County on a non- 
segregated basis? You didn’t understand that from the 
meeting that you attended?

A. No, I did not?
Q. Did you stay all of the way through this meeting, 

Mrs. Ban die?
A. I wasn’t there when it began and I wasn’t there when 

it ended.
Q. How long did you stay at this meeting? It must have 

been for a short space of time, wasn’t it?
A. I know I was there over a half an hour.
Q. Over a half an hour?
A. Yes, sir.
Q. What went on while you were there?
A. Whilst I was there it was a Professor Banks talked 

and a Mr. Griffin and a Miss Barbara Johns.
Q. And that is all that you heard about this meeting?
A. Yes, sir, and then different parents.
Q. Didn’t you attend some other meetings, Mrs. Bandle, 

about this matter?
A. No, I  did not.
Q. You didn’t get to a meeting that was held in the base­

ment of the First Baptist Church on this same day or on 
the same evening of the meeting to which you have testified, 
[fol. 381] but before the big meeting got under way? Did 
you attend that meeting ?

A. No, I did not.



356

Q. Didn’t you receive through the mail a notice request­
ing you to be present at a meeting to be held in the base­
ment of the church prior to that time?

A. No, I did not.
Q. You deny that also?
A. Yes, sir.
Q. What is your employment, Mrs. Randle?
A. Right now, I am a housewife, but at that time I was 

working at the Berksville Veneer Shop as a furniture 
polisher, Berksville, Virginia.

Q. You read the newspapers, Mrs. Randle?
A. Sometimes when I find time.
Q. Were you reading the newspapers in 1951 when the 

Prince Edward School case was filed?
A. I  guess I did, but I couldn’t remember everything I 

read.
Q. Do you remember at any time reading anything about 

a suit being filed to end segregation in the public schools of 
Prince Edward County?

A. I  may have read it.
Q. Don’t you remember whether you did or didn’t?
A. I  may have read it, but I didn’t know my name was 

[fol. 382] in there, I didn’t see my own name.
Q. Did you read about it? Did you understand from 

reading the newspapers that a suit had been filed to end 
segregated schools in Prince Edward County?

A. Yes, I read that.
Q. You read that in the newspapers?
A. Yes, sir.
Q. And there was a lot of publicity about this in 1951 

when the children were out on strike; isn’t that so ?
A. Yes, sir.
Q. There had been publicity about the strike before you 

signed this paper that you had referred to; isn’t that so?
A. When I signed that paper, the children were out on 

strike, I reckon, about two weeks.
Q. About two or three weeks?
A. Yes, sir.
Q. And you actually signed this paper, didn’t you, after 

this meeting that you had given testimony to? In other 
words, you signed the paper-----



357

A. I signed the paper when the kids brought it home from 
school.
[fol. 383] Q. You stated you have not had any trouble with 
any of the people in Prince Edward County; you have not 
been harassed or you have not been annoyed or you have 
not been bothered to any extent since the school matter first 
arose in Prince Edward County!

A. No, sir, I haven’t.
Q. You don’t believe in unsegregated schools, do you, Mrs. 

Randle ?
A. Well, I believe just this: If it passes for them to go 

together, it is all right with me, and if it don’t, it is all 
right, but I  wouldn’t want to stay in the home with my 
husband if he didn’t want me in there.

Judge Soper: I could not understand what she said.
A. (Continuing) I said, if it was passed for them to go 

together, it would be all right with me, but if they didn’t 
want them to go together—I can speak for myself, I don’t 
have any children in high school now, all of mine is finished 
—but I said if my husband didn’t want me to stay in the 
home with him, I wouldn’t want to be in there with him.

By Mr. Robinson:
Q. Let’s get back to ’51. Just how many children did 

you have attending the schools of Prince Edward County!
A. I had five graduated from R. R. Morton.

[fol. 384] Q. How many did you have in the schools when 
the strike occurred!

A. I had three there, two daughters and one son.
Q. Did you want them to have a non-segregated school 

education in 1951 when the strike occurred!
A. It was left to the children.
Q. Well, you had the same opinion in 1951 about segre­

gated schools that you have now; is that correct!
A. I have the same opinion. It is left to them now.
Q. You have expressed your opinion on this matter to 

your friends and associates in Prince Edward County, 
have you not!

A. Yes, we have talked about it.
Q. Were you employed at the time this suit was filed!
A. Employed as what!



358

Q. Were yon working for someone else at that time?
A. Yes, sir.
Q. Did you talk this matter over with your employer 

at that time?
A. Yes, we did.
Q. And you expressed to your employer about the same 

opinion about segregated schools that you have expressed 
here?
[fol. 385] A. Well, the young people on both sides think 
it is all right. They don’t pay any attention to it.

Mr. Robinson: If Your Honor please, I am afraid I 
am going to have to ask the Court to indulge me with 
respect to this witness as with respect to the other wit­
ness. I would like the Court to indulge me just a few 
minutes to call my office to send me the part of the Prince 
Edward file I need. It is a very large file and if I do not 
explain it to the office, I don’t think I will get the part 
I  want.

Judge Soper: Certainly, Mr. Robinson. A great deal 
has been said—or I don’t know that a great deal has 
been said, but the case has been mentioned from time 
to time during the taking of the testimony here and cer­
tain dates have been mentioned during the examination 
of these witnesses. It might clarify the record if there 
could be a statement as to just when the case was in­
stituted and what it was about and the various steps 
in the litigation, so that the record would show at some 
place what we are talking about when we are talking about 
the Prince Edward suit. That can be done at your con­
venience.
[fol. 386] Mr. Gfravatt: May it j)lease the Court, Mr. 
Robinson is more familiar with it than I am. If he can 
prepare a statement, we can stipulate to it.

Judge Soper: So many of these cases will come up from 
time to time, we are likely to overlook it unless somebody 
puts it down. Would you like for us to suspend so you 
can use the telephone?

Mr. Robinson: I think, in order to expedite the matter, 
maybe Mr. Marshall and Mr. Carter could take over and 
I will do my telephoning and see if I can get what I need.

Judge Soper: All right.
Judge Hoffman: May I ask the witness a question?



359

By Judge Hoffman:
Q. Bid you read the paper that they brought to you!
A. No, I never read it, because she just told me—said, 

“Mother, we have a paper came from the P.T.A. meeting,” 
and I said, “What is it for?” She said, “You or Daddy, 
one, will have to sign it because it is for better schools.”

Judge Soper: Is there any further examination of this 
witness at this time?
[fob 387] Mr. Gravatt: No, sir, I have no further ex­
amination.

Judge Soper: You want to have the witness wait?
Mr. Robinson: Yes, sir.
The Court: Very well. Have the witness wait. Let us 

call another witness.
Mr. Gravatt: Maude Walker.

Maude E. Walkeb, called as a witness on behalf of the 
defendants, being first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. Your name is Maude Walker!
A. Yes, it is.
Q. Where do you live, please?
A. Well, my mailing address is Farmville.
Q. You are one of the plaintiffs in the suit that was 

instituted against the School Board in Prince Edward 
County, are you not?

A. Well, I haven’t given nobody permission for no suit.
Q. Have you ever authorized any attorney to repre- 

[fol. 388] sent you in a lawsuit against the School Board in 
Prince Edward?

A. No, I haven’t.
Q. When was the first time that you found out that you 

were one of the plaintiffs in that suit?
A. Well, it was—I don’t know what day, but it was two 

men from the School Board, they told me, from Richmond.
Q. The Boatwright Committee?



360

A. It was two men; I don’t know what the name-----
Q. They came and talked to you about it!
A. Yes, sir.
Q. Has it been since last fall!
A. I think it was June; I am not sure.
Q. And that was the first time that you knew that you 

were a participant in litigation against the School Board 
in Prince Edward!

A. Yes, that is what they told me.
Q. Maude, would you have authorized in your name a 

suit against the School Board for the purpose of mixing 
the white and colored children in the public schools of 
Prince Edward!

A. No, I  wouldn’t.
Q. Have you ever had any conversation with Mr. Oliver 

Hill or Mr. Spottswood Eobinson!
[fol. 389] A. No, I haven’t.

Q. Have you ever had any written communication from 
those two attorneys!

A. No, I haven’t.
Q. Have you ever been advised by anybody with respect 

to the progress and the course of that litigation—that 
lawsuit!

A. No, I haven’t been in touch with no one.
Q. Have you had anyone in Prince Edward County, 

especially white people, to mistreat you in any way be­
cause of your connection with this lawsuit!

A. No, I haven’t.
Q. Have you noticed any difference whatever in your 

relations with the people in the County since the suit 
was brought, as compared to your relations with the people 
there before the suit was brought!

A. No, I haven’t.
Mr. Grravatt: You may examine the witness.

Cross examination.

By Mr. Marshall:
Q. Mrs. Walker, have you attended any meetings in 

Farmville concerning the school strike at the Morton 
School!



361

A. One or two, when the children first left the school, 
[fol. 390] Q. You attended them?

A. One or two.
Q. Did you attend the one at the Baptist Church?
A. I think one of them.
Q. The one where Reverend Griffin spoke?
A. I don’t know whether it was Reverend Griffin or who 

spoke there.
Q. Was Mr. Hill at that meeting?
A. I don’t even remember that.
Q. Do you remember anybody who was at the meeting?
A. I know once Mr. Robinson—I think it was Mr. Robin­

son—spoke.
Q. You were at the meeting?
A. One of them.
Q. What was discussed at that meeting?
A. Oh, I don’t know.
Q. Did they discuss the question of the schools?
A. Well, they talked about better schools.
Q. Did they talk about non-segregated schools?
A. I don’t remember.
Q. The first you knew you were a plaintiff in this lawsuit 

was a few months ago?
A. It was when those two men—they said they was from 

the Richmond School Board.
Q. What did they tell you?

[fol. 391] A. Well, they asked me if I knew I was plain­
tiff, or whatever you all call it.

Q. And you didn’t know it?
A. No, I  didn’t know anything about it.
Q. And you did not know what purpose they were there 

for?
A. Until they told me.
Q. Then what did you tell them?
A. Well, I answered their questions the best I could.
Q. About the lawsuit?
A. They asked me did I want better schools, or was 

I for integration—I think that is what they asked me, along 
that line—and I told them no.

Q. You told them no? What do you mean by “no”? 
That you did not want integration?



362

A. I was satisfied with the school we had.
Q. And yon told everybody around Prince Edward 

County where you would go that you were satisfied with 
the schools?

A. Nobody asked me.
Q. Did you tell your employer that you were satisfied 

with the schools?
A. I didn’t have an employer; I am a housewife.
Q. Did you tell your friends you were satisfied with 

[fob 392] them?
A. I told my friends I was satisfied with the school.
Q. You told people in general that, didn’t you?
A. Yes, I told people in general.
Q. The point is, you did make it clear that you were 

not for desegregated schools?
A. I am satisfied with the school we have.
Q. Mrs. Walker, the point is, did you let people know 

that ?
A. Well, I haven’t been out discussing the schools with 

nobody.
Q. When was this case filed? Do you remember that?
A. No, I don’t.
Q. Was it in the newspapers?
A. I don’t take a newspaper.
Q. Do you read the newspapers?
A. Seldom.
Q. Did you ever read anything in there about this law­

suit?
A. I don’t remember.
Q. Well, when did you first know that there was a 

lawsuit attacking segregation in the public schools of 
Prince Edward County?

A. Well, I  have heard it in the news.
[fol. 393] Q. About when did you first hear it?

A. I couldn’t tell you that, because I don’t remember.
Q. Was it in ’51?
A. I  told you I couldn’t tell you that because I don’t 

remember.
Q. Well, you did know before these gentlemen talked 

to you that there had been a lawsuit filed attacking segre­
gation in Prince Edward County?



363

A. I heard it in the news.
Q. Did you know at that time that you were one of 

the plaintiffs'?
A. No, I didn’t.
Q. Did you ever sign any paper?
A. I signed a paper, so the child told me—I had for­

gotten it until those two men came around and she told 
me about it. That was for better schools.

Q. That was your daughter?
A. Yes, my daughter.
Q. Did you read it?
A. Yes, but it wasn’t but two lines, or two lines and 

a piece.
Q. What did it say?
A. I couldn’t tell you word for word. It was for better 

schools.
[fol. 394] Q. Did it say anything about a lawsuit?

A. I don’t remember anything about a lawsuit.
Q. Did it say anything about a lawyer?
A. I don’t remember.
Q. Did it have any lawyers’ names on it?
A. I don’t remember.
Q. Are you in the habit of signing papers without read­

ing them?
A. Well, my children were at the school and that was 

for better schools.
Q. And you did not read what was on it?
A. Yes, but I don’t remember what was on it.
Q. Did you make any effort to find out whether it in­

volved lawyers?
A. No, I  didn’t.
Q. Have you ever received any notice from these lawyers 

about a meeting?
A. No, no more than when the school first struck.
Q. Did you receive any notice?
A. I got one letter.
Q. Have you received any notice about an NAACP 

meeting in the county?
A. I don’t remember any.
Mr. Marshall: Nothing further at this time, if Your 

Honor please. May we have her under the same rule?



364

[fol. 395] Judge Soper: You want her to remain? Let 
her remain out in the hall.

Sabah E lizabeth H icks, called as a witness on behalf 
of the defendants, being duly affirmed, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. You are Sarah Elizabeth Hicks, are you not?
A. That’s right.
Q. Where do you live?
A. I live about three miles from Rice.
Q. Is that in Prince Edward County?
A. Yes, sir.
Q. Did you know that you were one of the plaintiffs 

in a suit filed against the School Board in Prince Edward 
County for the purpose of compelling the mixing of the 
white and Negro races in the public schools of the County?

A. No, I  didn’t know that.
Q. Have you at any time authorized Mr. Oliver Hill 

or Mr. Spottswood Robinson to institute suit against the 
School Board of Prince Edward County on your behalf 
and in your name?
[fol. 396] A. No, sir, I haven’t.

Q. Have you ever had any conversation with Mr. Oliver 
Hill or Mr. Spottswood Robinson?

A. No, sir.
Q. Have you ever received any written communication 

from Mr. Oliver Hill or Mr. Spottswood Robinson?
A. No, sir.
Q. Since this suit was instituted, which was sometime 

in 1951, have you experienced any mistreatment at the 
hands of any white people in Prince Edward County?

A. Not to me.
Q. Have your relations with the people in Prince Ed­

ward County been as pleasant since this suit was insti­
tuted as they were before the suit was instituted?

A. Those I have had any dealings with.
Mr. Gravatt: You may examine.



365

Cross examination.

By Mr. Robinson:
Q. Mrs. Hicks, you remember when all of the children 

at the Negro high school went out on a strike in 1951?
A. Yes, sir, I remember.
Q. They stayed out about a couple of weeks at that 

time, did they not?
A. I don’t know how many weeks it was; I  know they 

[fol. 397] stayed out.
Q. Every last student in the school walked out on that 

strike, didn’t they?
A. Yes, sir.
Q. Do you remember attending some meetings that were 

held in Farmville at the time these children were out on 
strike?

A. Yes, I attended one or two meetings, but I didn’t 
attend them all.

Q. Do you remember as a fact that the children walked 
out on strike on a Monday? That was the day of the 
week that the strike started?

A. I don’t remember.
Q. Do you remember a meeting that was held in the 

basement of the First Baptist Church on a Wednesday 
afternoon during the first week of the strike, attended by 
a large number of the children and by some of the parents ?

A. I remember some being there.
Q. You were present at that meeting?
A. At one or two of them, I was.

[fol. 398] Q. Do you remember being present at this 
particular meeting? It was held on Wednesday afternoon, 
about 4, 5, or 6 o’clock in the basement of the First Baptist 
Church?

A. Well, I just don’t remember.
Q. Do you remember a meeting that was held on the 

Thursday night of the first week of the strike at the 
Morton High School?

A. Yes, sir, I  remember.
Q. You were present at that meeting?
A. Yes.



366

Q. How about another meeting that was held during 
the following week, I believe in the auditorium of the First 
Baptist Church? Were you present at that meeting?

A. No, I was not.
Q. You were not present at that meeting?
A. No.
Q. What other meeting were you present at in addition 

to the one that you said you attended at the Morton High 
School.

A. I went to one at the Baptist Church. I  went several 
times to go to the meetings, but I never did go.

Q. You went to one at the Morton High School?
A. Yes, sir.
Q. And then you say you went to one at the Baptist 

Church?
[fol. 399] A. Yes, sir.

Q. And was this during the time that the children were 
out on strike?

A. This one at the school was.
Q. What about the one at the Baptist Church? Was 

that while the children were out on strike, just a few 
days before they went back to school?

A. I don’t remember.
Q. Was it a large meeting attended by-----
A. Yes, the church was full, but this was upstairs.
Q. Upstairs. That’s right. You remember little Miss 

Barbara Johns who was one of the students there on 
strike?

A. No, I don’t know her.
Q. You don’t know her?
A. No.
Q. You know Reverend Griffin, do you?
A. Yes, I know Reverend Griffin.
Q. Didn’t Reverend Griffin have something to say at 

this meeting, the one at the Baptist Church?
A. Bless if I remember, I just don’t remember.
Q. Do you remember seeing me there?
A. No, I didn’t even know you at the time.
Q. Since you have seen me, do you remember me being 

there ?



367

[fol. 400] A. Well, I just don’t remember.
Q. Do you know Mr. Oliver Hill, Attorney Oliver Hill 

from Richmond?
A. No, I don’t know him.
Q. What went on at the meeting at the First Baptist 

Church? What of that meeting do you remember?
A. Well, now, you have done asked me a question. I 

just don’t remember what went on at that meeting.
Q. All right. And you don’t remember what went on 

at the meeting over at the Morton High School, do you?
A. No.
Q. You read the newspapers, don’t you, Mrs. Hicks?
A. I don’t even take the newspapers.
Q. Do you read the newspapers?
A. No, sir.
Q. Do you listen to the radio?
A. Very seldom.
Q. Did you know that there was a suit that had been filed 

in the courts to bring about an end to racial segregation in 
the public schools of Prince Edward County?

A. No, I  didn’t know that.
Q. You didn’t even know that such a suit was in court or 

was filed in court in 1951?
A. I heard.
Q. Tell me what is it that you did hear. Just tell me 

[fol. 401] exactly what you heard.
A. I remember signing a paper for schools.
Q. No, I don’t mean about the paper now. You said you 

heard something about something going on about the 
schools.

A. Yes, sir.
Q. What was it you heard?
A. I couldn’t tell you what it was because I don’t know.
Q. Did you ever hear that there was a case that went to 

the Supreme Court of the United States involving segre­
gated education at Prince Edward County? You don’t re­
member that either?

A. I think I remember it.
Q. I didn’t hear you.
A. I think I remember that.



368

Q. All right. Now when did you first learn about that 
ease? When did you first hear about that case?

A. I don’t know. I can’t remember all them things.
Judge Soper: Did this witness have children in school?

By Mr. Robinson:
Q. You had children in the schools?
A. I had one boy.

[fol. 402] Q. What was the name of that boy?
A. Lee Edward Hicks, Jr.
Q. The authorization or the paper that you said that you 

signed at one of these meetings that I asked you about?
A. Yes, I signed it at the school.
Mr. Robinson: I would like for this witness, if the Court 

please, to be held for further examination.
Judge Soper: Very well.

Redirect examination.

By Mr. Gravatt:
Q. Who and where did you sign this paper that you 

say you signed?
A. I signed it at the Morton School.
Q. What was the purpose of the paper as it was ex­

plained to you?
A. For a school.
Q. For a new school?
A. For a new school. That is what I signed it for.
Q. During this time, a new school has been built in 

Prince Edward County, has it not?
A. Yes, sir.
Q. That is a school for Negro children, I believe?

[fol. 403] A. Yes, sir.
Q. Is that school satisfactory with your four children?
A, Well, so far as I know it is all right, I reckon.
Judge Soper: Step down. Let her remain outside.
Mr. Gravatt: Rose Bell Davis.



369

Rosa Bell Davis, called as a witness by the plaintiffs, 
being first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. Your name is Rosa Bell Davis!
A. That’s right.
Q. Where do you live?
A. Prospect.
Q. Speak a little louder, if you please. What is your oc­

cupation ?
A. Farming—housewife.
Q. Did you have children or a child in the R. R. Morton 

High School at the time that the children had a strike there I 
[fob 404] A. Yes, sir, I had two children in school at that 
time.

Q. Did you know that you are one of the plaintiffs in a 
lawsuit which was instituted following that strike against 
the School Board of Prince Edward County for the pur­
pose mixing white and colored children in the public schools 
of the county ? Did you know that you were a party to that 
suit?

A. No, I didn’t know it was going to be a lawsuit.
Judge Hutcheson: Speak a little louder, can’t you?
A. (Continuing) I said, no, I didn’t know it was going 

to be a lawsuit when I signed that paper.

By Mr. Gravatt:
Q. If you can speak a little louder so the gentlemen can 

hear you-----
A. I didn’t it was going to be a lawsuit or anything about 

it when I signed the paper.
Q. What paper did you sign, please, and where?
A. I don’t know what paper it was. I signed the paper at 

the R. R. Morton High School the night that they struck 
for a school.

Q. What was the purpose of your signature on that 
paper?



370

A. The purpose of signing the paper was for a school, 
[fol. 405] Other than that—that is why I signed it, to get a 
school.

Q. You signed it to get a new school?
A. Yes.
Q. When did you first know that you were one of the 

plaintiffs or one of the people whose name this suit had 
been brought against the School Board in in Prince Edward! 
When did you first find out about that?

A. When the first lawyers came around asking us ques­
tions about it. I don’t remember what month it was.

Q. Was that during this year?
A. Yes, sir.
Q. Have you ever had any oral, that is word conversa­

tion with Mr. Oliver Hill or Mr. Spottswood Robinson?
A. No, I haven’t.
Q. Have you ever had any written communication from 

Mr. Oliver Hill or Mr. Spottswood Robinson?
A. No, I haven’t.
Q. Has anybody, particularly white people, in Prince 

Edward County mistreated you in any way-----
A. No, sir.
Q. —because of your participation in this lawsuit?
A. No, they haven’t.
Q. Have your relations with people of the county been 

equally as pleasant since the lawsuit as they were before 
[fol. 406] the suit?

A. I would think so.
Mr. Gravatt: You may examine.

Cross examination.

By Mr. Robinson:
Q. Mrs. Davis, do you remember when 450 some children 

attending the Morton School walked out on strike during 
the spring of 1951? Do you remember when that happened?

A. Yes, I remember when it happened.
Q. And you attended the meeting that was held during 

the first week that those students remained out on strike, 
the meeting being held at the Morton High School and you 
were present at that meeting, were you not?



371

A. Yes, I was.
Q. How many people were there?
A. I don’t remember.
Q. You don’t remember?
A. No.
Q. A large number or a small number? Do you remember 

that ?
A. A large number.
Q. A large number; isn’t that so?
A. Yes.

[fob 407] Q. Wasn’t there a lot of speech making at this 
meeting?

A. Les, sir, there was.
Q. Do you remember the names of some of the people 

that spoke?
A. I don’t know right now whether I  remember the 

names or not.
Q. Do you remember what they talked about at this meet­

ing?
A. I don’t know none of the exact words they said. It 

has been so long now I can’t remember.
Q. Don’t you remember, generally, what they said? Don’t 

you remember them talking about-----
A. I remember them talking about getting the new school.
Q. Don’t you remember they were talking about break­

ing segregation in the public schools of Prince Edward 
County?

A. I don’t remember that.
Q. Do you know Mr. W. Lester Banks, who is connected 

with the State Conference of the NAACP?
A. No.
Q. Do you remember anyone from the NAACP being 

present at this meeting and having something to say?_
A. Do I remember them being at the school that night? 

[fol. 408] Q. Yes, and having something to say at this 
meeting?

A. I don’t remember.
Q. Isn’t it a fact that you don’t remember very much 

about this meeting at all?
A. I  most certainly don’t.
Q. It has been so long ago that you have forgotten; isn’t 

that the truth?



372

A. That’s right.
Q. How about another big meeting that was held during 

the following week in the auditorium of the First Baptist 
Church in Farmville? Did you attend that meeting?

A. I don’t remember being any more of the meetings.
Q. Wasn’t that the only meeting you attended?
A. That was the only one, at the school.
Q. It was at that meeting that you signed a paper of 

some sort?
A. Yes, at the school.
Q. Did you read the paper before you signed it?
A. I most certainly didn’t.
Q. I  didn’t hear your answer.
A. No, I didn’t read it.
Q. You didn’t read the paper before you signed it?
A. No.
Q. Do you read the newspapers, Mrs. Davis?

[fol. 409] A. Not very much.
Q. Do you listen to the radio?
A. Yes.
Q. I didn’t hear your answer.
A. Yes, I  do.
Q. Didn’t you understand that a suit was filed seeking 

an end to racial segregation in the high schools of Prince 
Edward County?

A. No.
Q. You haven’t heard that before?
A. I heard it when——
Q. Can you speak just a little louder? I  can hardly hear 

you.
A. When the lawyers came around questioning me about 

it.
Q. When you say the lawyers, don’t you mean some peo­

ple who were investigating for one of the legislative com­
mittees in Virginia somewhere in the year 1957? Aren’t 
they the people that you have been calling lawyers here 
this morning? They are the people that you are talking 
about?

A. The ones that came around to the house asking ques­
tions.



373

Q. Asking questions. And they did that a few months 
ago; isn’t that correct?
[fol. 410] A. Yes.

Q. During this year?
A. Yes.
Q. And the meeting that you testified to and the paper 

that you signed was a meeting held and a paper signed 
way back in 1951 when the children were out on a strike; 
isn’t that so?

A. Yes, sir.
Q. Before these came around this year to ask you ques­

tions, didn’t you know about a case that was in the courts, 
including the Supreme Court of the United States, involving 
the matter of racial segregation in the public schools of 
Prince Edward County?

A. No.
Mr. Robinson: I would like for this witness also to be 

held.
Judge Soper: All right. Let this witness retire and re­

main outside. That is all.
Mr. Gravatt: Call Robert Drakeford.

R obert Drakeford, called as a witness by the plaintiffs, 
being first duly sworn, testified as follows:

[fol. 411] Direct examination.

By Mr. Gravatt:
Q. Your name is Robert Drakeford, is it not?
A. Yes, sir.
Q. Where is your home?
A. Charlottesville, Virginia.
Q. What is your occupation?
A. Waiter.
Q. Where?
A. Thomas Jefferson Inn.
Q. Robert, you are one of the plaintiffs in a suit in­

stituted for the purpose of integrating the public schools 
in Charlottesville, are you not?



374

A. Yes.
Q. Will you state how you became a plaintiff in that 

suit?
A. Well, I didn’t—didn’t nobody tell me anything about 

it. I did that on my own. I didn’t see anyone and nobody 
didn’t say anything to me about it. When I went to the 
meeting, I got in there they were setting around signing 
those blanks and I asked some of the persons in the place 
what were they signing. They said they were signing 
for the integrated schools. And I said, “I think I will sign 
one, too,” because I had two kids that were eligible for 
[fol. 412] school.

Q. Where was that meeting held?
A. In the Ebennezer Baptist Church.
Q. Under what auspices was it held?
A. If I am not mistaken, I think it was Charlie Fowler.
Q. This was an NAACP meeting?
A. Yes, sir.
Q. And the purpose of the meeting was to get people 

to sign up to bring this suit?
A. Well, I  didn’t get the whole thing of the whole meet­

ing because I got in there late. When I got in there, the 
meeting was practically over. And I just asked some of 
the people in there what was they signing? “We are sign­
ing for an integrated school.”

Q. Were any attorneys present?
A. I think Mr. Robinson—not Mr. Robinson, Mr. Hill, 

I  think he was there.
Q. Have you had any conversation with Mr. Hill or 

Mr. Robinson since the suit was instituted?
A. No, sir, I have not.
Q. Have you had any written correspondence or report 

from either of them about the lawsuit?
A. No, sir, not either one of them.
Q. Your contacts have all been through the NAACP? 

[fol. 413] A. Yes, sir.
Q. And they are the people who got the names and had 

everything signed up for the attorneys?
A. Well, I don’t know about that. I signed this so long 

I don’t remember.
Mr. Gravatt: That is all.



375

Cross examination.

By Mr. Robinson:
Q. Mr. Drakeford, is it!
A. Yes, sir.
Q. Let’s get a few things straight. When was this meet­

ing that you attended when it was almost all over and 
signed a paper of some sort? When was that meeting 
held?

A. I can’t recall.
Q. About when was it?
A. I think it was ’55.
Q. Where was it held? Do you remember that?
A. Ebenezer Baptist Church.
Q. You said Mr. Oliver W. Hill was present at that 

meeting?
A. I think he was, yes, sir.
Q. How did you find out about the meeting?
A. Well, the boy told me that the NAACP meeting was 

going on.
[fol. 414] Q. Who told you that?

A. Raymond Bell.
Q. That is how you learned about it?
A. That is how I learned about it.
Q. When you went over there, didn’t you find a number 

of other parents of school children of the City of Char­
lottesville ?

A. I  sure did.
Q. Was there any discussion at all during the time you 

were there?
A. No, sir, it wasn’t no discussion.
Q. No discussion at all?
A. No, sir.
Q. Where did you get your information then that the 

purpose of that meeting was to talk about integrated 
schools in Charlottesville?

A. I asked one of my clients setting next to me-----
Q. One of your what?
A. When I went in the meeting, the thing was just 

about over. And I asked my next—person setting next



376

to me what the}̂  were signing the paper for and he said 
they were signing for integrated schools.

Q. For integrated schools?
A. Yes, sir.
Q. And then you asked for a paper to sign one also? 

[fol. 415] A. I sure did.
Q. How many children did you have in school at that 

time, Mr. Drake lord?
A. Well, I had two.
Q. You signed the paper right at that meeting, did 

you?
A. Yes, sir.
Q. Did you read the paper before you signed it?
A. Well, yes, sir, I read it the best I could.
Q. You understood that the purpose of the meeting was 

to get non-segregated education? That was your under­
standing?

A. That’s right.
Q. And you signed the paper in order that Mr. Hill 

could represent you also in an effort to accomplish that 
objective; isn’t that why you signed it?

A. That’s right.
Mr. Eobinson: That is all.
Mr. Gravatt: Step down.
Mr. Eobinson: If the Court please, I would like to make 

this request. I would like for this witness to be held until 
this afternoon.

Judge Soper: Very well.

[fol. 416] Moses C. Maupin, called as a witness by the 
plaintiffs, being first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. Your name is Moses C. Maupin?
A. Yes, sir.
Q. Where do you live?
A. Charlottesville, Virginia.



377

Q. What is your occupation, Moses?
A. I  am a cashier at the Albemarle Hotel.
Judge Hoffman: Would you please turn around and 

face over here when you answer the questions, if you 
don’t mind? I did not understand his answer.

Mr. Gfravatt: Cashier.
Judge Hoffman: Cashier of the Albemarle Hotel in 

Charlottesville.
Mr. Gravatt: Yes, sir.

By Mr. Gravatt:
Q. Moses, you are a named plaintiff in a suit brought 

in the City of Charlottesville, for the purpose of inte­
grating white and colored children in the public schools 
of that city; is that correct?

A. Yes, sir.
[fol. 417] Q. Will you state how you became a plaintiff 
in that suit?

A. When I joined the NAACP, why I joined it for 
anything that would come up to the betterment of the 
colored children.

Judge Soper: See if you can’t speak a little louder.
A. (Continuing) I say, when I joined the NAACP, 

I joined it for the betterment for the colored children and 
I wanted my child to get, or the colored children to get, 
the benefit of everything that was good.

By Mr. Gravatt:
Q. Who approached you and where was this matter 

brought to your attention?
A. Well, it was at the Mount Zion Baptist Church when 

we had the meeting there.
Q. That was a NAACP meeting?
A. Yes, sir.
Q. Who spoke at that meeting, Moses?
A. Well, it was just—it wasn’t any public speaking, 

it was just a get-together meeting.
Q. Just a get-together meeting?
A. Yes, sir.
Q. Was any attorney present there?



378

A. No, sir, not that I know of.
[fol. 418] Q. What did you do at that meeting to become 
a plaintiff in this suit?

A. Well, whoever wanted the children to go to an inte­
grated school signed their names.

Q. Who asked you to sign?
A. Nobody asked us to sign, we signed if we pleased.
Q. Who had the paper?
A. Nobody had the paper, it was laying on the d esk - 

laying on the table there. Mr. Fowler was the president 
at the time and we were not persuaded or told to sign, 
we signed if we wanted to.

Q. Has Lester Banks talked with you about your testi­
mony here this morning while you were standing out in 
the hall?

A. No, sir.
Q. Has anybody talked to you?
A. No, sir, nobody.
Mr. Gravatt: That is all.
Mr. Robinson: We have no questions, Your Honors.
Mr. Gravatt: If Your Honor please, there is one other 

witness that is summonsed and apparently is not here. 
I would like to have him called again. John 0. Watson.

(The witness was called.)
Deputy Marshal Longbeam: Pie is not here.

[fol. 419] C. W. W oodson, J r., called as a witness on 
behalf of the defendants, being first duly sworn, testified 
as follows:

Direct examination.

By Mr. Wickham:
Q. Will you please state your name, address, and occu­

pation, please?
A. C. W. Woodson, Jr.; I live at 7618 Hollins Koad, 

Richmond, Virginia; I am Superintendent of the Virginia 
State Police.



379

Q. Will you state, briefly, your background and ex­
perience in law enforcement work?

A. I joined the Virginia State Police Department in 
1932 and I have been promoted through the ranks until 
I was appointed in 1942 by Governor Darden as Super­
intendent of the Department.

Q. During that time, did you attend any schools in 
police work?

A. A number.
Q. Will you state a few to the Court, please?
Mr. Carter: If the Court please, I don’t know where 

this testimony is going, but so far it seems to us that 
it has no relevancy to anything here.

Judge Soper: I think it is rather asking too much of 
[fol. 420] us to rule on something that you do not under­
stand and we do not either. I think the testimony may 
be developed to see what it is about.

By Mr. Wickham:
Q. (Continuing) I will repeat my question. Will you 

name a few of the schools which you attended during your 
period in police work?

A. The Harvard School in Homicide Investigation, the 
F. B. I. National Academy, certain extension courses from 
the University of Virginia, University of Richmond, Uni­
versity of Oklahoma.

Q. If racial disturbance occurred in the state, what ac­
tion would you have to take?

A. The Department of State Police was created pri­
marily as a traffic controlling and traffic law enforcement 
agency and we of course will do that, but we would of 
course enforce the law in keeping with the statutes.

Q. Chapter 32 of the Acts of the General Assembly, 
Extra Session 1956, which is the statute in litigation here, 
requires, among other things, the filing of membership 
lists of organizations engaged in racial activities. Are you 
generally familiar with that law?

A. Generally.
Q. Have you had any experience in the past in which 

[fol. 421] you had occasion to use membership lists of 
organizations in your police work?



380

A. Well, of course, in a police organization you are 
constantly dealing with files and things of that nature. 
I think perhaps, in answer to your question, the closest 
thing I could cite here in dealing with lists would he, 
when I was a trooper stationed in Charlotte County, 
I used to go by the Commissioner of Revenue’s office 
of each of the counties I worked (I worked several coun­
ties) and I would make for myself a list of all the people 
who had purchased automobiles in each of the counties, 
for the purpose of working from those lists from day to 
day in my routine work.

Q. What use would you make of those lists?
A. Well, as I would ride along in my car, I would see 

something that I wanted to check in the way of a car 
and I would just ride along and check it to see whether 
it had an improper tag, or anything of that nature.

Q. In other words, it helped you in your law-enforce­
ment work?

A. It did.
Q. What use, if any, would a membership list of those 

organizations engaged in racial activities be to you in 
the event of racial disturbance in the State of Virginia? 
[fol. 422] A. Well, I think that any information—files, 
lists, or any information of any nature whatsoever—would 
be of help in law enforcement.

Q. Could you be more specific? Would it help you, for 
example, to prevent racial disturbance?

A. In answer to the question as to whether it would 
prevent it or not, I do not know whether as a law enforce­
ment administrator I could prevent it or not, but it would 
perhaps aid in dealing with the matter.

Mr. Wickham: No further questions.

Cross examination.

By Mr. Carter:
Q. Mr. Woodson—I think is the name?
A. Yes.
Q. Suppose the list you had were a list consisting of 

13 or 14,000 people; what help would that be to you in 
the enforcement of Chapter 31, or any law?



381

A. Well, if it were a list of 13 or 14,000 people we would 
have that many names rather than as many as live in the 
State of Virginia.

Q. What relation would the list of members of these 
organizations have to do with the racial unrest that you 
testified about! As a law enforcement officer, you have 
a list of 13,000 people in an organization involving racial 
[fol. 423] matters; you have a racial conflict of some kind; 
now, what relation would that list of 13,000 people have 
to the unrest!

A. I gather it was an organization engaged in racial 
activities!

Q. Yes.
A. We would get, perhaps, from that list the names 

and scrutinize the names there more than we would the 
names of people not engaged in racial activities.

Q. What relation would that have to the incident which 
you were called upon to stop—the unrest that you were 
called upon to deal with!

A. Well, I don’t think it would serve any harm to have 
the list and I can conceive it would be of aid.

Q. Of aid?
A. Of aid.

By Mr. Robinson:
Q. Colonel Woodson, you are familiar with Chapter 33? 

I mean, you are quite familiar with it, aren’t you?
A. Just generally speaking.
Q. Well, didn’t you have something to do with the formu­

lation of Chapter 32?
A. No.
Q. Didn’t you talk to the General Assembly about 32? 

[fol. 424] A. No.
Q. You mean, the facts you are expressing here you did 

not communicate to the General Assembly before Chapter 
32 was enacted?

A. I did not.
Q. Now, assuming, as Mr. Carter has asked you, that 

you have a list of some 13 or 14,000 members of an organi­
zation engaged in racial activities, and assuming that 
there has been a disturbance of some sort in the state,



382

how do you even get to use the list? Do you just assume 
that because there was a disturbance you should scruti­
nize those 13 or 14,000 names on this list?

A. Not necessarily so. I——
Q. How would you determine whether or not to resort 

to the list at all?
A. Well, I think it would be an added source of in­

formation, among many other factors, perhaps, that law 
enforcement conceivably might find of aid.

Q. Do you think this list would play any really im­
portant part in any investigation you would make of an 
incident of the character that you have mentioned here 
today?

A. It would depend upon the type of alleged violations 
at the time.

Q. You would be interested, in other words, in finding 
[fol. 425] out the members of a particular organization 
engaged in racial activities? That is all you could get 
from the list; isn’t that so?

A. As I understand it.
Q. You would not be interested in people who were not 

members of the organization, who just make contributions 
to that organization?

A. In dealing with'——
Q. In dealing with the incident you have theorized about 

here.
A. Not unless he were engaged in violation of the law.
Q. You would not need a list of persons who had con­

tributed money to that organization, would you?
A. As such, no.
Q. It would not help you a bit, would it?
A. On that particular point, no.
Mr. Robinson: That is all.
Mr. Carter: I have one question.

By Mr. Carter:
Q. You testified that you had taken various courses. 

One of the courses that you took was a course in race 
relations? Was that one of your courses?

A. No.
Mr. Carter: That is all.



383

[fol. 426] Redirect examination.

By Mr. Gravatt:
Q. Colonel Woodson, if you had a list as required by this 

Section of the Code, it would be a list not only of the mem­
bers of the National Association for the Advancement of 
Colored People, it would be a list of the members of all 
organizations presently existing and which might be formed 
in Virginia to promote or interest themselves in racial 
matters. If you had a disturbance of a racial nature—a 
school were bombed, or some untoward act in some specific 
community in Virginia—could you not take that list and 
identify individuals who were in positions of leadership in 
organizations in behalf of their race!

A. I feel that it would be of aid, yes.
Q. You could do that. And would not that be a source 

of investigation that would be one of the prime sources to 
pursue in such eventuality!

A. It would be an added source of information.

By Judge Hoffman:
Q. Colonel, are you not already familiar with the names 

of certain leaders of the organization known as the NAACP, 
as well as the organization promoting segregation in Vir­
ginia!

A. Generally speaking.
Q. So that you could go to those leaders and secure the 

[fol. 427] same information you would get on the list! As a 
matter of fact, wouldn’t you go to that first, rather than 
go down the list of maybe some 50,000 names on both sides!

A. It would depend upon the disturbance at the time and 
the factors involved, I believe.

By Mr. Gravatt:
Q. Colonel, do you know who the leaders are in the com­

munities over the state! You might know who the officials 
are, but do you know who would be in positions of leader­
ship in these organizations on the local level say in Char­
lotte County, Appomattox, or Halifax!

A. I do not.



384

By Judge Hoffman:
Q. Would the local police probably be advised of that in­

formation"?
A. In all probability.
Judge Soper: That is all. Thank you, Colonel.

[fol. 428] Hbebeet B. Adams, called as a witness on behalf 
of the defendants, being first duly sworn, testified as fol­
lows :

Direct examination.

By Mr. Wickham:
Q. Will you please state your name, address, and oc­

cupation ?
A. My name is Herbert B. Adams; I live at Buckingham 

Courthouse; I am the Sheriff of Buckingham County.
Q. Will you address your answers to the Court, please.
How long have you been Sheriff of Buckingham County?
A. About ten years.
Q. What type of work did you do during World War II, 

Sheriff ?
A. I was an officer in Naval Intelligence, in the Investiga­

tive Section.
Q. Briefly, what type of work did that entail ?
A. We made investigations on all people we suspected— 

where there was suspected sabotage, and we also investi­
gated persons that were handling confidential information, 
to get the right people in the right positions, where they 
would not get information that was not—or did not have 
the right feeling toward the United States Government, 
[fol. 429] Q. In other words, you had to investigate people 
for employment before they were employed by the federal 
government; is that correct?

A. That is correct.
Q. In that type of investigation, did you have any aids 

of any kind to use, to aid you or help you in that type of 
work?

A. Repeat that question, please.



385

Q. I say, did you have any aids to assist you in that type 
of investigation! I mean, what did you use!

A. Yes, we did. We kept a file on all persons that we 
thought were un-American and ones that had been proven 
to be.

Q. Well, is it true, generally speaking, that law enforce­
ment officials feel that membership lists are very helpful 
to their investigations?

A. Yes, sir, we certainly do, because we don’t want to 
get anyone in there that is creating a disturbance, or we sus­
pect any organization that may create a disturbance. If 
that organization is creating a disturbance, we don’t want 
to emply anyone in a strategic place.

Q. Sheriff, what is the percentage of white and Negro 
citizens in your county?

A. Approximately 45 percent are colored and 55 per­
cent white.
[fol. 430] Q. What would you say is the relationship be­
tween the two races at this time?

A. It is very good.
Q. If there were integration in the public schools in 

your county, do you feel that the relationship between the 
two races would change?

A. Yes, sir, I really do.
Q. Have you read Chapter 32 of the Acts of the Assembly 

of 1956 at the Extra Session?
A. Yes, sir.
Q. Are you generally familiar with the requirements 

of that section?
A. I am generally familiar with them, yes, sir.
Q. In your opinion, would the requirements of that chap­

ter be of any assistance to you in case of racial disturbance 
in the county?

Mr. Eobinson: If Your Honor please, I don’t think the 
witness can express an opinion of that sort. If the witness 
has factual information he can testify about that would 
have bearing on the issue, he can state that, but not ex­
press an opinion of the kind that Mr. Wickham is asking for.

Mr. Wickham: I will rephrase my question.
Judge Soper: Very well.



[fol. 431] By Mr. Wickham:
Q. In what way, if at all, would the requirements of Chap­

ter 32 assist you in a racial disturbance existing in your 
county?

A. I think by having all organizations to register, it would 
assist us in this manner: If you knew that that organiza­
tion was back of that disturbance, you would hesitate to em­
ploy someone as a deputy sheriff or to assist you in trying 
to keep down trouble.

Q. At this time, how many deputies do you have in your 
county ?

A. I have four deputies, three part-time and one full­
time.

Q. If a racial disturbance of any proportion occurred in 
your county, would you consider that you had sufficient 
deputies ?

A. I definitely would not.
Q. Well, what would you do in event of a racial disturb­

ance of some proportion that took place in your county?
A. I would have to employ additional deputies in order 

to keep the peace.
Q. In your position as Sheriff, do you travel around the 

county quite often?
A. Yes, sir, I travel around.

[fol. 432] Q. Do you of your own knowledge know any 
economic reprisals against the Negroes in your county?

A. No, sir; no, sir, I  do not.

By Judge Soper:
Q. What is the population, Sheriff?
A. Approximately 12,500.
Q. 12,000?
A. 12,500, yes, sir.
Mr. Wickham: That is all.

By Judge Hoffman:
Q. What is the square-mile area?
A. 586 square miles.



387

Cross examination.

By Mr. Carter:
Q. Do you know whether or not the NAACP—do you 

know that organization?
A. I have heard that it stood for the National Association 

for the Advancement of Colored People. I am not sure 
what it means.

Judge Soper: I  did not hear your answer.
The Witness: I say that I have heard it stood for the 

National Association for the Advancement of Colored Peo­
ple. I am not sure whether that is right or not. I wouldn’t 
know, actually.

[fol. 433] By Mr. Carter:
Q. Do you know whether that organization has held any 

public meetings in the county from which you come?
A. I could not say that I know it, no, sir.
Q. You could not say. Now, if I am correct in understand­

ing your testimony, there were 45 percent Negroes in your 
county?

A. I said approximately that. I don’t have the figures 
exactly

Q. And you are the Sheriff of the County?
A. That is correct.
Q. How many law enforcement officers on your staff?
A. I have four other than myself.
Q. How many are Negroes?
A. Not any.
Q. None are Negroes?
A. No.
Q. And this list that you think would be of help to you— 

and we are talking now about the Association, the InAACP 
—if a racial disturbance occurred in your community and 
you had a list of the members of the NAACP, what relation 
would that have to you to solving or quieting or doing any­
thing with the racial disturbance that took place?

A. Now, if I had that list and some of the members of 
[fol. 434] the NAACP were creating this disturbance, I



think it would be beneficial to me if I could go to the leader 
•—see what I mean? And then I could cooperate with him 
and I think that we could have a better understanding and 
get it straightened out. That is what I think about it.

Q. I see. Do you know the leaders in the Negro com­
munity and in the white community in your area? You 
know them personally, don’t you?

A. Oh, yes, I know them.
Q. Aren’t they the people, without regard to member­

ship in any organization, from whom you would seek aid 
in solving any unrest that occurred?

A. Yes, I would like to see the leading ones, that is true. 
You always do that in every community—you always try to 
see the leading citizens—if that is what you mean.

Q. That is what I mean. They are the people that you 
rely upon, without regard to whether they belong to any 
organization of any kind, or whether you had a list or not? 
They are the people you would talk to and say, “Come and 
help me solve this problem, so we can have peace and free­
dom.”

A. Yes, sir, if you knew he belonged to an organization, 
just as if I belonged to an organization and had someone to 
look to—see what I mean? I think they would listen to my 
[fol. 435] argument much better—-see what I mean?

Q. They would listen to your argument?
A. Yes.

By Mr. Robinson:
Q. Mr. Adams, I understood you to say that you have been 

Sheriff of Buckingham County how long?
A. It will be ten years the first of January.
Q. As I understand, you want this list of members of any 

organization engaged in racial activity to be used for your 
own purposes in selecting your own deputies? Isn’t that 
what you testified a few minutes ago?

A. No. I think it depends a lot on the individual, too— 
see what I mean?

Q. Wouldn’t you take into consideration in employing 
deputies the fact that a person whom you might have in 
mind belonged to the NAACP?



389

A. Repeat that question, please.
Q. You are about to appoint a deputy: Would you take 

into consideration at the time that you were considering 
the appointment of a particular person, the fact that the 
person that you had in mind belonged to the NAACP! 
Wouldn’t you take that into consideration in making your 
determination as to whether you were going to appoint 
him as a deputy!

A. I think that would go entirely on the individual, 
[fol. 436] Q. No, I am asking you this: Would you or 
would you not consider that factor in making that appoint­
ment!

A. No-----
Q. You would not pay any attention at all to whether 

a person belonged to an organization engaged in racial 
activities in appointing him one of your deputies!

A. If I thought he was involved in it, yes; I wouldn’t 
think of appointing him.

Q. No, suppose nothing had happened; you have in mind 
Citizen A and you are thinking about appointing him 
as one of your deputies and you know he is a member of 
the NAACP; would not that fact influence your appoint­
ment of him!

A. No, sir.
Q. Didn’t you say a few moments ago that you thought 

racial non-segregation might promote racial disturbance, 
might bring about disorder, and that type of thing!

A. That’s right.
Q. Don’t you think that a person who belongs to an 

organization that advocates racial discrimination—don’t 
you think he is less fit, from your viewpoint, for appoint­
ment as one of your deputies!

A. I think that depends on the individual.
Q. Suppose you had a list of all the members of the 

[fol. 437] NAACP and a list of all the members of all 
organizations in Virginia engaged in the field of racial 
activities----- -

Judge Soper: White or colored!
Mr. Robinson: White or colored.



390

Q. (Continuing) —and suppose a racial disturbance oc­
curs in your county; what are you going to do with these 
lists ?

A. Well, if that organization is backing that disturbance, 
then that will help you in order to contact those people. 
I quoted that a while ago—contact those people that are 
the head of it and see if you can’t curb the disturbance 
that is taking place at the time.

Q. So, these lists would not do you a bit of good unless 
you first ascertained that one of these organizations was 
responsible for the disturbance that had occurred1?

A. Well, I wouldn’t say that.
Q. Well, what would you say? Didn’t I understand you 

to say, Mr. Adams, that you would look at the list of 
the members of these organizations if, and only if, you 
had determined that such organization was responsible for 
the disorder?

A. No; I would look at it beforehand and, if I knew 
that it had, I would do that.

Q. Let’s get back to where I was a moment ago. Let’s 
assume that disorder has occurred in Buckingham County, 
[fol. 438] Now, at what point do you begin to use the 
lists, and for what purpose?

A. It is like I said: If that organization—any organi­
zation; I am not talking about the NAACP or anyone 
else; in fact, I never would have mentioned it if you had 
not said something about it—see? But any organization 
that I thought would back any disturbance—I think that 
then you can go to the head of that organization and seek 
help from him, and I don’t see why he would not help, 
if he is the right kind of person—see?

Q. And that is all the good a list would do you; isn’t 
that so?

A. That is one thing I am stating.
Q. Now, what other thing would you get from the list? 

Would you mind telling me that?
A. Well, that is the main thing.
Q. All right. Can you think of anything else in the 

way of good that you could get from using this list? It 
is not going to help you in any other way, Mr. Adams, 
is it?



391

A. I don’t know. It may do it.
Q. Well, yon can’t think of any other way it would 

help you, can you!
A. Not right off.
Q. All right. Wouldn’t you do just as well if you had 

[fol. 439] a list of the principal officers of these organi­
zations as you would if you had a list of the entire member­
ship! Would not a list of the officers of the organizations 
suit your purposes as well as a list of the entire member­
ship!

A. No, I don’t think so.
Q. Well, all you want is the names of the leaders of 

the organizations in your community!
A. No, but suppose I had to employ additional deputies; 

then I would like to know whether he belonged to it.
Q. All right. And if he did belong to the NAACP, you 

would not appoint him; isn’t that so!
A. No, I haven’t said that.
Q. Well, all right. You have looked at the list to deter­

mine whether he belongs to the organization and you have 
determined he belongs to the NAACP. What do you do 
then! Do you hire him, or don’t you!

A. I think it depends on the individual entirely.
Q, Then, the list would not help you at all, but you 

would make the determination on his individual qualifi­
cations !

A. No, I haven’t said that.
Q. Well, what do you do! There has been a disorder 

and you need additional deputies, and you have the list 
[fol. 440] that shows the names of the various organi­
zations, including the NAACP, and you have in mind 
the employment of a particular person as one of your addi­
tional deputies, and you look at the list and you see that 
he belongs to the NAACP; now, do you mean to say that 
you would still, irrespective of the fact that he belongs 
to the NAACP, consider the matter of his appointment 
on this individual basis and you would completely dis­
regard the fact that he belonged to the NAACP!

A. Yes, because he may be able to help me more than 
anyone else could.
[fol. 441] Q. By reason of what!



392

A. Because lie knows—he is familiar with them, he is 
a member, he is a member of an organization. Someone 
in that organization may be of more help to you than 
someone else.

Q. Have you ever asked anybody that you were about 
to appoint as a deputy whether he belonged to the 
NAACP? Have you ever done that?

A. No, I haven’t,
Q. Mr. Adams, I would like to get back to this. You 

want the list, don’t you, so that you can talk to the people 
who head the different organizations, talk it over and see 
whether, as you said, you can’t reach an understanding 
and bring about a termination of whatever disorder there 
has been? Now that is what you want the list for, isn’t 
that so?

A. To see if they are responsible for it, yes.
Q. To see if they are responsible for it?
A. Is that what you asked me? Please rephrase your 

question.
Q. Let me go about it this way. You have a list, using 

the figures assumed by Judge Hoffman, of say 50,000 
people, white and colored, belonging to organizations en­
gaged in the field of race relations, some pro-segregation, 
some pro-integration. Now you have that long list of 
[fol. 442] people and there has occurred a disorder in your 
community and in the beginning you don’t know who is 
responsible for it, whether it has racial origin or not. 
Please, sir, would you tell me this time what you would 
do with that list and for what purpose you would resort 
to that list?

A. Well, I think—I intended to make myself plain a 
while ago there. We would use that list and if you knew 
that someone was in—in that organization was creating 
a disturbance, it would assist you in knowing who they 
are and then you could determine better as to the type 
of man that you would like to employ, see, that you would 
employ.

Q. You mean to say that if you had a list of 50,000 
citizens that every time you had some disturbance of 
the public peace in Buckingham County you are going to 
sit down and go through that list in order to determine



393

whether or not there is somebody on that list who can 
do you some good in your investigation?

Mr. Wickham: If Your Honor please, I believe the testi­
mony is that in the event of a racial disturbance, not 
just a breach of the public peace. I think that counsel 
is confusing the witness by misleading him in his questions.

Judge Soper: I think the cross examination may pro­
ceed. The Sheriff is an intelligent man. I think he knows 
[fol. 443] what the questions are, at least he seems to me 
he does.

By Judge Soper:
Q. May I ask you this, Sheriff. If a disturbance had 

occurred and you wanted to find out who the offender was, 
something that might have been done in the dark of the 
night, some offense committed on some individual or some 
property, would the list of names, either of white organi­
zations or of colored organizations, be of any use to you 
in endeavoring to find who perpetrated the crime?

A. Yes, sir, I definitely think so, Judge, Your Honor.

By Mr. Robinson:
Q. In what way, Sheriff?
A. I thought I had made myself clear. I am very sorry 

if I haven’t, Your Honor.
Q. Just state, briefly, now in what way would that list 

enable you or assist you in determining who perpetrated 
the offense?

A. Well, that all depends on what happened. If it was 
a racial—that is what you have reference to?

Q. I have reference to any disturbance of the peace.
A. I see. Well, not necessarily. I t would help you if 

you had something else-----
Q. In other words, you would first have to find out 

[fol. 444] that some one of these organizations was behind 
the incident before this list would help you?

A. That is the time that it would help you more than 
any other time.

Q. Let us assume, Sheriff, that a suit was filed in Buck­
ingham County to end racial segregation in the schools



394

of that county, and let us assume that after the filing of 
that suit there was a public disorder, it would be your 
that such a disorder would be quite probable; isn’t that so ?

A. Yes.
Q. Now let us assume that there is a public disorder. 

Let us assume that it is known that the NAACP was 
financing the litigation involving the attempted ending of 
school segregation in Buckingham County, wouldn’t you 
assume that the NAACP was responsible for that dis­
order? Wouldn’t assume that the organization that filed 
a suit to end racial segregation which, in your opinion, 
would be promotive of public disorder, was responsible 
for that disorder?

A. I would hate to accuse anyone of creating a dis­
turbance.

Q. Yes. But you would think, in your own mind, that 
the NAACP was responsible for that disorder, wouldn’t, 
Sheriff?

A. I said I would hate to accuse anyone of creating 
disorder anywhere.
[fol. 445] Q. Whether you would accuse them or not, that 
would be your belief, wouldn’t it?

A. What we believe and what we say, I mean, may be 
two different things.

Q. Can’t you tell me whether or not you wouldn’t be­
lieve, yourself, under those circumstances whether you 
would accuse or not that the NAACP was responsible for 
that disorder?

A. I may state that so far as our relations to the colored 
people in Buckingham County, it is very good, sir.

Q. But I didn’t ask you that, Sheriff.
Judge Soper: I think your question is a little difficult 

to answer because when you use the word “responsible” 
it might mean that the mere fact of having a lawsuit 
was ultimately responsible as the first moving cause. The 
Sheriff would be interested, I assume, in who actually 
perpetrated the disorder and I am not sure that you make 
clear to him which of those two things you are talking 
about.



395

By Mr. Robinson:
Q. Sheriff, let me ask you this: You are of the opinion 

that the filing of a suit to desegregate Buckingham County 
public schools might indeed bring about public disorder; 
that is your opinion, isn’t it?

A. The filing of the suit wouldn’t do it.
Q. You don’t think so?

[fol. 446] A. But when they integrate, then it is a dif­
ferent proposition.

Mr. Robinson: That is all.

Redirect examination.

By Mr. Gravatt:
Q. Mr. Adams, let us assume that a suit has been 

brought, that an order has been entered directing the 
admission of Negro children to a school in Buckingham 
County that had theretofore been solely for the attendance 
of white children, would that create a situation of tension 
within your county?

A. It certainly would, yes, sir.
Q. If upon the eve of the day that the school were 

to go to school, a person engaged in activity such as 
Mr. John Kasper been engaged in were to come into your 
community and undertake to organize, set up one of his 
organizations and to conduct activities that he has been 
conducting in other places, would the fact that he would 
have to register himself and that he would have to register 
each one of the people who associated with him in that 
endeavor be of tremendous assistance to you in the pro­
tection of the public schools and in the protection of the 
colored people in your community?

A. It certainly would.
[fol. 447] Mr. Gravatt: That is all.

Recross examination.
By Mr. Robinson:

Q. Sheriff, as a public officer, is it your opinion, and would 
you honestly believe, that a person who would break a law



396

by bombing a public school would obey the law in furnishing 
his name in connection with any of these organizations ?

Mr. Gravatt: I object to this, if Your Honor please. 
Judge Soper: I think it is an argumentative question. 

I do not think it throws any factual light on it. Sustained. 
Is that all, gentlemen, of this witness?
Mr. Gravatt: Yes, sir.
Call Mr. Coates.

C. T. Coates, called as a witness by the defendants, be­
ing first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. You are Sheriff C. T. Coates, Sheriff of Halifax 

County?
[fol. 448] A. That is right, yes, sir.

Q. Mr. Coates, what is the population of the County 
of Halifax?

A. The last census, it was 42,000.
Q. What is the proportion of white and Negro in the 

county ?
A. About 50-50.
Q. What had the relations between the white and the 

Negro people in Halifax County been in the past?
A, Prior to 1954, it was good.
Q. Have you noticed any change during these recent 

years in the relationship between the people of your county 
and the two races?

A. I have.
Q. Will you describe what the changes have been?
A. Well, the change has been the cooperation we have 

enjoyed prior to that has vanished somewhat, and the re­
spect has vanished somewhat.

Q. The what?
A. The respect that they had for each other has vanished 

somewhat.
Q. How many officers do you have in your charge?
A. I have seven.



397

Q. You are the chief law enforcement officer in that com­
munity, are you not?
[fol. 449] A. Yes, sir.

Q. You are employed, I believe, under the law under cer­
tain conditions to deputize citizens to assist you in main­
taining the peace?

A. Yes, sir.
Q. In the event the public schools, or some of the public 

schools, of Halifax County were required to admit Negro 
children to schools that had theretofore been operated on a 
segregated basis, what in your opinion would be the effect 
upon the relationship between the white and the Negro 
people of your community?

Mr. Robinson: If the Court please, I object to that 
question. I do not think that it has been shown that this 
witness is competent to answer that question. What the 
effect is going to be of school desegregation in the com­
munity. I object to it.

Judge Soper: The question goes to the general climate 
of opinion in this particular neighborhood, does it not?

Mr. Gravatt: It is his business to know, Judge. If he 
doesn’t know, it is a part of his official business to be in­
formed upon matters of that kind, at this particular time, 
especially.

Mr. Robinson: If the Court please, and without under­
taking too strenuously to pursue this objection, there has 
[fol. 450] been an attempt to qualify this witness as an ex­
pert in the field of law enforcement. But the question that 
is asked is the effect of desegregation upon public attitudes 
and the public mind. I do not think the witness is qualified 
to answer that kind of question.

Judge Soper: Not merely because he is an enforcement 
officer does not do him any harm in that respect, it doesn’t 
qualify him, does it? Really, the question is whether any­
one who resides in the community would have such knowl­
edge of public opinion and the possibility of clashes of pub­
lic opinion to make a statement. It is a matter for the rec­
ord, it seems to me.



398

By Mr. Gravatt:
Q. Sheriff Coates, do you feel that you are sufficiently 

acquainted with the attitudes of the people in your county, 
white and Negro, to speak with confidence with respect to 
what might be the result of compulsory integration of 
schools in the county?

A. Yes, sir.
Q. Sir?
A. Yes, sir.
Q. Will you tell us what in your opinion would such an 

eventuality have upon the relationship between the white 
[fol. 451] and the Negro people and upon the preservation 
of the public peace?

A. Basing my answer on some trouble that we have just 
had prior to this time, I think the problem of enforced 
integration up there would probably cause a lot of trouble 
and probably bloodshed.

Q. Would it be helpful to you if upon the law books of 
the State of Virginia there were a statute which forbid the 
organization of clandestine and secret groups of that kind?

Mr. Robinson: I  object to that.
Judge Soper: I do not see the purpose of that question. 

You are asking him to express an opinion as to what the 
Legislature of Virginia should do. That is the nature of the 
question.

Mr. Gravatt: No, sir, I asked him if it would be helpful 
to him. The question was designed to find out whether 
it would be helpful to him if there was in force in Virginia 
a statute such as Section 32.

Judge Soper: We are not the Legislature of Virginia. 
The objection is well taken. You may get what you want 
in a different way, but I think that question is objection­
able.

By Mr. Gravatt:
Q. If all persons who might come into your county at 

[fol. 452] that time-----
Judge Soper: Some time ago, Counsel, in order to bring 

the matter to a head, you asked some of these other people



399

and the law enforcement officers whether or not the provi­
sions of the statute which is now on the books, Section 32, 
particularly, would be helpful.

Mr. Gravatt: All right.

By Mr. Gravatt:
Q. Chapter 32, Sheriff, requires generally that all per­

sons, firms, partnerships, corporations, or associations, 
whether acting by or through agents, servants, employees, 
officers, or volunteer workers, a major part of whose ac­
tivities have to do with promoting the interests of one or 
the other of any race, be required to register their names 
and certain other information with respect to officers and 
so forth in a public place in Virginia. Would such a law be 
of assistance to you in controlling agitators and persons 
who might come into your community under the circum­
stances that I have mentioned a moment ago ?

A. It would be most helpful; yes, sir.
Q. If you had such a condition, would it be necessary for 

you to deputize additional assistants in maintaining the 
peace ?

A. Yes.
[fol. 453] Q. Would it be of importance to you to know 
whether or not the people of your community were iden­
tified with any organization which was engaged in promot­
ing the interests of one race or the other in selecting your 
deputies ?

A. That’s right; yes, sir.
Q. Would it be helpful to you if you knew, not only 

who were the members of the white organization that 
might be formed, but who were the members of any Negro 
organizations that might exist1?

A. Yes, sir.
Q. Could you undertake to use the good offices of the 

leaders of all such organizations to assist you in undertak­
ing to maintain the public peace in the community under the 
conditions that I have mentioned heretofore?

A. Yes, sir.
Mr. Gravatt: I think that is all, sir.



400

Cross examination.

By Mr. Carter:
Q. In answer to a question from Mr. Gravatt, you, Mr. 

Coates—the question was, Would these lists be helpful to 
you in controlling agitators. The first question I want 
to ask you is, What do you mean by that?

A. Well, I mean if such agitators belonged to such groups 
have their names available to me, why to cope with any 
[fol. 454] situation, the agitators would be the ones most 
likely and if they were taken away the rest of the crowd 
could be handled.

Q. You say if such agitators belonged to such groups. I 
assume by that that you found out who the agitators are?

A. I have found out to some extent, yes.
Q. Let’s say in your community that a person is an agita­

tor. You describe this person as being an agitator. You 
know who that person is, or new persons that come into the 
community.

A. I know who they are on a local level.
Q. If you wouldn’t mind listening to the question. I 

haven’t finished. You know the agitators coming into the 
community. What good is it going to do you to know 
whether he is connected with an organization, or what 
organization or what not?

A. Having that information, if I had to deputize extra 
help, why I certainly wouldn’t want to get one that was an 
agitator or a member of an organization that was agitating.

Q. Assuming that the organization, as far as you know, 
engages in lawful activities, does nothing unlawful to 
promote the interests of a white group, colored group, what 
business is it of the police to know who the members of the 
[fol. 455] organization are?

A. If the organization doesn’t take any part on either 
side, why it would still be well to know what sort of organiza­
tion they belong to when you are placed in the position 
that you have to get additional help. You wouldn’t want 
to get people from organizations who were prejudiced 
against one another on either side. Until such occasion 
arises, you wouldn’t know probably at the time what organi­
zation was the agitating organization.



401

Q. Don’t you conceive it to be your job and your duty if 
a disturbance occurs to find out who commits that dis­
turbance ?

A. That is right.
Q. Without regard to what organization they belong to 

or not?
A. Well, if a crime is committed, you don’t go into what 

organization they belong to at that time, but what we are 
trying to do is prevent something from happening.

Q. Let me ask you just one final question. Assuming 
that a person belongs to an organization and a disturb­
ance is committed, that disturbance being, by your investiga­
tion, caused, promoted, by that particular organization; 
what help does it give you to find out who committed the 
disturbance and by knowing that the particular individual 
happened to be associated in the organization?
[fol. 456] A. I don’t quite follow your question all the 
way through.

Q. I want you to follow it. Maybe I ’d better repeat, A 
disturbance occurs in your community, you have made an 
investigation and you have reason to believe that the dis­
turbance was caused or promoted by an organization. Do 
you follow me so far?

A. Yes.
Q. You are trying to find out the individuals who caused 

the disturbance. What help is it to you to know that cer­
tain individuals belong to this particular organization that 
you think had something to do as an organization with 
promoting the disturbance?

A. The organization promotes the disturbance. Then 
what good it would do me is to find out who are the heads 
of those organizations and who is behind it and who agitated 
it. Now the experience-----

Q. But you are trying to find out who is responsible for 
the individuals, are you not?

A. Yes. The experience I have had with this organiza­
tional trouble in which we had some in the town of South 
Boston about a month ago, we found out that the president 
of this organization on the local basis and another man that 
I knew was a member of the organization was on the scene, 
and that is why I say to have the name of this organization,



402

[fol. 457] not only from the head but on down to the grass 
roots to find out what their membership is or who they are, 
will do a great deal to help us.

Q. But you are interested in finding out who was on the 
scene and who has personal knowledge of what happened, 
are you not ?

A. That’s right. If he is caught, or the organization or 
the head of the organization knows who they are on the 
scene.

Q. Know what people are on the scene?
A. The individual that you have been talking about that 

actually caused the trouble, if they are members of this 
organization.

Q. How can you assume that they would know who caused 
the disturbance? Because you happen to belong to an or­
ganization and a disturbance is caused, how can you say 
that you know as head of the organization that some in­
dividual caused the disturbance?

A. If the trouble is caused on an organizational basis, 
the heads of those organizations know who is doing it.

Q. I do not want to pursue it. One other question I do 
not understand. What do you mean, if it is caused on an 
organizational basis?

A. You are the one that stated if an organization had 
[fol. 458] caused some trouble.

Q. Well, I was really pursuing your line of reasoning. 
I want to know what do you mean by that, caused on an 
organizational basis. That, I don’t understand.

A. The question you asked me if it was caused by an 
organization, what good it would do me to try to find out 
who the individuals were from the organization. I tried 
to explain to you if the disturbance was caused by an 
organization, then the heads of the organization in that 
community know who those people were that actually 
caused the disturbance.

Q. Would you tell me how does an organization cause 
disturbance of the peace?

A. Well, I can cite a case to you that happened about a 
month ago. May I say this, if you want me to call names 
of organizations, I can do that. Maybe I can explain it 
better.



403

Q. It is up to you.
A. A colored man in my community came to me, on yes­

terday, and told me that the NAACP had put pressure on 
him to try to make him join the NAACP. He refused to 
join. They instructed him that he had to join and he had 
to vote like they said to vote, and if there was any blood­
shed in that community from integration of the school that 
the NAACP was going to be in the middle of it. He refused 
[fol. 459] to join it. The head of this organization, so he 
said, on account of him refusing to join their organization, 
had sent a bunch of thugs around to his place to tear it up.

Q, You have investigated that?
A. I haven’t yet. I haven’t had an opportunity. Now that 

is why I say that the head of the organization is familiar 
with who these people are that cause the disturbance on an 
organizational basis.

Q. If that kind of m atter would come to your attention, 
you would investigate it first or find out who these people 
were, would you not?

A. I have no way of finding out who those people are 
unless I go to the head.

Q. No, I mean the thugs, the people who are coming 
in and tearing up this man’s business.

A. Oh, yes.
Q. You are going to make such an investigation?
A. That’s right.
Q, At the present time, you have not, all you have is the 

complaint ?
A. Yes, and I had that on yesterday.

[fol. 460] Q. How are you planning to pursue this in­
vestigation?

A. Well, I was told-----
Judge Soper: It seems to me, Gentlemen, we are going 

pretty far afield in going into incidents. We have got 
enough to try here without trying cases the Sheriff may 
have to handle down in his county.

Mr. Carter: All right, sir.



404

By Air. Bobinson:
Q. Just a couple of questions, Mr. Coates. I believe 

you testified that you now have seven deputies working for 
you?

A. Yes, sir.
Q. Do you bave any Negro deputies?
A. No.
Q. Let me ask you th is: Do you mean to say that you 

are going to wait for a disturbance to occur of a kind that 
you and your seven deputies can’t handle before you are 
even going to start thinking about people whom you would 
employ as additional deputies?

A. I didn’t say that.
Q. Well, don’t you have people in mind right now that 

you would employ if some condition would arise in your 
community that would necessitate more than the seven 
[fol. 461] deputies that you have?

A. I do.
Q. Now, you expressed the opinion a little earlier that 

if there occurred school desegregation in Halifax County, 
there would be disorder?

A. That’s right.
Q. That was the opinion that you expressed?
A. That’s right.
Q. And am I to understand that you formulated this 

opinion after talking to people and getting their views 
and reactions to this matter of school integration? Is that 
the way you formulated your opinion?

A. No.
Q. How did you go about formulating your opinion?
A. I formulated my opinion on the trouble we had about 

a month ago between the two races.
Q. And that is the whole basis on which you base your 

opinion that if the schools are desegregated there is going 
to be trouble?

A. That and public opinion, yes, sir.
Q. How did you go about ascertaining the public opinion?
A. Well, the attitude of the people and what they have 

expressed as their opinion.
Q. You have talked to these people, and did they express 

[fol. 462] their opinion to you?



A. Part of them, and indirectly.
Q. What do you mean by “indirectly”?
A. It came through other people to me.
Q. You mean you got it secondhand?
A. Some of it.
Q. Did you get any of it directly?
A. That’s right.
Q. How many people did you talk to yourself about this 

matter?
A. I haven’t been all around the county-----
Q. You have not made any other effort to see just what 

the sentiment would be in your county?
A. Oh, yes, I have.
Q. What did you do?
A. I have talked to some of the leaders in different 

sections of the county.
Q. Do you know how many?
A. No.
Q. Could you estimate?
A. I guess so; ten or twelve people in different com­

munities.
Q. These were white people that you talked to?
A. No, not altogether.
Q. How many Negroes did you talk to?

[fol. 463] A. Four or five.
Q. What led you to believe that they could express the 

opinion of the community leaders on this matter?
A. They were leaders in the community and had heard 

a good many people in the community express themselves.
Q. How long have you lived in Halifax County?
A. Forty-five years or so.
Q. Oh. You have quite a number of friends in Halifax 

County?
A. Yes, white and colored.
Q. And you have talked to a great many of these people 

about the possible effects of school desegregation in Hali­
fax County?

A. Yes, I have.
Q. And your opinion is based partly on that, is it not?
A. That’s right.



406

Q. Do you include Negroes residing in Halifax County 
among your friends?

A. Yes, sir, I do.
Q. You know Negroes as well as you know Halifax 

County on a friendly basis?
A. Yes, sir.
Q. You associate with Negroes in Halifax County to the 

same extent as you do with your white friends?
[fol. 464] A. Professionally, I do.

Q. But not on any other basis except in your character 
as Sheriff of Halifax County do you associate with Negroes; 
isn’t that a fact?

A. No. I have Negro friends; I speak to them and I 
associate with them on an every-day basis. They come into 
my office and go out of my office. They come in sometimes 
just to pay respects.

Q. Do you associate with them in your home?
A. No.
Q. Or in their homes?
A. No.
Q. Or in your church?
A. No.
Q. Or in your social clubs?
A. No.
Q. Now, Sheriff, isn’t it your opinion that the only way 

you think this order can be prevented in Halifax County 
is to prevent the desegregation of the schools? Isn’t that 
your opinion?

A. That’s right.
Mr. Robinson: That is all.

[fol. 465] Harold Clark Taylor, called as a witness on 
behalf of the defendants, and being first duty sworn, testi­
fied as follows:

Direct examination.

By Mr. Gravatt:
Q. State your name, please, sir.
A. Harold Clark Taylor.



407

Q. Where is your home, Mr. Taylor?
A. I live in Isle of Wight County, Virginia.
Q. What public office, if any, do you hold in that county.
A Sheriff
Q. How long have you held the office of Sheriff of Isle 

of Wight?
A. Approximately a year and nine months.
Q. How long have you lived in Isle of Wight County?
A. About seven years.
Q. Are you acquainted with the white and the colored 

people of the county alike?
_A_ Yes sir X am.
Q. Mr.’Taylor, what is the proportion of population of 

whites and Negroes in that county?
A. There is about 54 percent colored and 46 percent

Q. What at the present time are the relations between 
[fol. 466] the races in your community?

A. Well, there is some feeling between the two races 
in the community, and there has been tension. There is no 
tension at the particular time—right much feeling.

Q. How many deputies do you have?
A. I have two full-time deputies and one part-time

deputy.
Q. What is the geographical area of your county? 
A. It is in Tidewater A^irginia, adjoins— -  
Q. I mean, what is the area in miles, the size of it? 
A. 317 square miles, I think.
Q. And you have two deputies?
A. Two full-time deputies.

By Judge Soper:
Q. The population? .
A. The population the last census was approximately

15,000.
Q. 15,000? a ,
A. That’s right; but it has grown. An Army camp has

moved in. I would say maybe 17 or 18,000.
Judge Soper: You are not crowded yet.



408

By Mr. Gravatt:
Q. Mr. Taylor, have yon tried in these recent years to 

be alert to the conditions influencing the relations between 
[fol. 467] the white and the colored people in your neigh­
borhood?

A. Yes, sir, I have tried to be alert to them.
Q. Do you know what has been the traditional state of 

mind of the people in your community with respect to the 
separation of white and colored children in the schools!

A. Yes, sir.
Q. Do you think you are sufficiently well informed to 

give a reliable opinion, as the chief law enforcement officer 
in your county, as to what might be the likelihood of dis­
order in event a decree were entered requiring the admis­
sion of colored children to white schools in your county?

A. Yes, I think I can render an opinion.
Q. Will you state what in your opinion would be the 

effect of such a development upon the public peace in Isle 
of Wight County?

A. It is unpredictable just what would happen. There 
would be more than tension; there would be fighting and 
there would be bloodshed.

Q. If you had to cope with such a problem, what would 
you do with respect to getting additional deputies to help 
you in the preservation of the public peace?

A. Of course, I would have to deputize some more help, 
[fol. 468] Q. You are authorized under the law to depu­
tize people, not only on a permanent basis, but in emergency 
situations also, are you not?

A. Yes, sir.
Q. What would be the effect upon such a situation in 

your community of outside persons, such as the individual 
who is, I presume, quite well known to you by his reputa­
tion, John Kasper, coming into your community? What 
would be the effect of that upon your ability to preserve 
the public peace there ?

A. That would affect my ability to preserve the public 
peace. I would need additional help if he came in there.

Q. If such a person as he, or any other individual who 
might come in for the purpose of agitating and causing



409

trouble, were required not only to register his own name 
but the name of any associates or persons who participated 
with him, with the State Corporation Commission, would 
that be of assistance to you in coping with that individual?

A. Yes, it would be of assistance in coping with them and 
in detecting any crimes that might occur in connection with 
them.

Q. Would it be of assistance to you in preparing your­
self to meet such conditions if you had available to you 
a list of all persons, not only in your own community but in 
[fol. 469] other communities, who had occupied positions 
of leadership in organizations partisan to the interests of 
either the white or the colored race?

A. Yes, it would be a help to have the list. It would be 
a help in coping with what would probably happen. Cer­
tainly, it wmuld be a help.

Q. In undertaking to select your deputies, would that list 
be helpful to you?

A. Yes, sir, it would.
Q. Are you further of the opinion that the mere fact 

that people who might set out upon a course to provoke 
violence were required as a matter of law to first register 
their names, that that would be a deterrent in itself to 
such people coming into your community?

Judge Soper: I  think that is going a little far afield.
Mr. Gravatt: All right, sir. I have no further questions.

Cross examination.
By Mr. Robinson:

Q. Sheriff, as I understand, the issue of segregation in 
public schools has created tension in Isle of Wight County?

A. I said there was no tension at the present time. There 
[fol. 470] was on school-opening day, and has been, tension.

Q. But it would be your opinion, predicated upon the 
information that you have expressed your other opinions 
on, that there would be great tension in the event that 
efforts were made to desegregate the public schools of Isle 
of Wight County?

A. I understood the question to be, if a decree was en­
tered to integrate.



410

Q. Yes. In other words, you feel that if there were some 
action, by decree or otherwise, that would direct that the 
schools be integrated, as you put it, that would promote 
great tension in the community, or Isle of Wight County?

A. Yes, I think it would.
Q. All right. And this resentment, or this tension, would 

assume the form of opposition and resentment to the mat­
ter of desegregating the schools, or integrating the schools? 
The people would be opposed to that; is that what you are 
saying?

A. I am saying that there would be violence if the schools 
were ordered to integrate in Isle of Wight County.

Q. Yes, I understand that, but in addition to this vio­
lence, I understood you also to say that there would be 
[fol. 471] tension and resentment to the idea of removing 
segregation from the schools of Isle of Wight County?

A. I am afraid I don’t understand your question.
Q. Well, do you feel that the people in Isle of Wight 

County would welcome the idea of desegregating the schools 
there?

Judge Soper: I think he has answered that. I think he 
has said that they would not want it.

By Mr. Robinson:
Q. Sheriff, if the schools are desegregated, you say that 

there will be violence?
A. Yes.
Q. Is there any way that occurs to you that this violence 

could be prevented without keeping the schools segregated?
A. If you integrate them, there will be violence; if you 

do not integrate them, there won’t be any.
Q. And the only way you think you can prevent violence 

in Isle of Wight County is to keep the schools segregated 
as they are now?

A. No, I didn’t say that is the only way.
Q. Well, what other way-----
A. Or call the National Guard out to prevent violence, 

or close the schools.
Q. Well, are you going to call the National Guard out 

[fol. 472] to stop violence?



411

A. No; you said to prevent violence.
Q. But is there any other way you can prevent violence 

except to leave the schools as they are now?
A. No, I don’t think so.

J. F. Culpepper, called as a witness on behalf of the 
defendants and being first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. State your name, residence, and any public office 

which you hold, please, sir.
A. J. F. Culpepper, Suffolk, Virginia, Sheriff of Nanse- 

mond County.
Q. What is the population of Nansemond County, Mr. 

Culpepper?
A. I imagine about 28,000.
Q. What is the proportion of white and Negro in the 

population?
A. About 67 to 33; 67 percent colored and 33 white.
Q. What is the geographical area included within the 

county, if you know, please, sir-—the size of the county? 
[fol. 473] A. About 430 or -40 square miles.

Q. How many deputy sheriffs do you have?
A. Well, you mean including the jail?
Q. I want everything, yes, sir.
A. Around 11.
Q. Do you have any Negro deputies?
A. Yes, sir.
Q, How many Negro deputies do you have?
A. Three.
Q. What have been the relations between the races, the 

white and Negro people, in your county in the last several 
years ?

A. Well, I have not noticed too much racial disagreement 
until recently. I find some recently.

Q. You find that there has been some increase in racial 
tension in the community in recent months, or this year?

A. Yes, sir, I find some.



412

Q. You are the chief law enforcement officer in your 
county ?

A. Yes, sir.
Q. Mr. Culpepper, do you think you are sufficiently ac­

quainted with the sentiment and the views of the people 
in Nansemond County to be able to express a competent 
[fol. 474] opinion as to what might be the results of an 
order to integrate the schools of that county?

A. I do.
Q. What, in your opinion, would be the result of such 

an order in Nansemond County?
A. Well, you would have racial tension.
Q. Do you consider that it would pose an extremely diffi­

cult problem for you as the chief law enforcement officer, 
to maintain the public peace?

A. I do.
Q. What would be the effect upon the local situation 

if outside persons who might be aggressively interested 
in behalf of one race or the other, might come into your 
community, without identifying themselves, and begin to 
speak and to organize secret organizations?

A. It would be mighty bad if you didn’t know anything 
about it.

Q. Would it be helpful to you, as the chief law enforce­
ment officer of the county, in undertaking to cope with such 
situations if these people were required to register their 
names and the names of any organization that they might 
be a part of in a place that would be available to you?

A. It would be most helpful.
Q. In undertaking to prepare yourself to handle such a 

[fol. 475] problem, would it be helpful to you in selecting 
deputies to know whether or not you were getting people 
who were members of the White Citizens Council or some 
other racially-prejudiced group of people?

A. It would.
Mr. Gravatt: You may examine.



413

Cross-examination.
By Mr. Robinson:

Q. As I understand it, Mr. Culpepper, you are of the 
opinion that if integration were directed at the public 
schools of Nansemond County, there would be great ten­
sion?

A. Yes.
Q. Am I correct in that understanding?
A. Yes.
Q. In other words, what you are saying is that the 

people of Nansemond County would oppose and resent the 
idea of integrating the public schools?

A. Yes.
Q. Is that your testimony?
A. Yes.
Q. Is it your further opinion that this would be a great 

opposition to the matter of integrating the public schools? 
The opposition and resentment would be indeed great, in 
your opinion, if that were to happen in your county?
[fol. 476] A. I have no doubt that it wouldn’t,

Q. Consequently, would not your opinion be that the 
community would' be opposed to and would deeply resent 
anybody who came to Nansemond County and was per­
manently engaged in activities to integrate the schools?

A. Ask that question again.
Q. Is it your opinion that this great public opposition 

and resentment in your county to integrating the schools 
would extend to anybody who came to Nansemond County 
and took action to integrate the schools ?

A. Some outsider?
Q. Someone who did not live in Nansemond County, we 

will say.
A, Well, I don’t think he would have much influence, no.
Q. All right. Let me ask you this: Suppose that some 

organization got behind a lawsuit to compel the integration 
of public schools in Nansemond County; don’t you think 
there would be deep resentment among the citizens of your 
county toward that organization?

A. I imagine there would.
Mr. Robinson: That is all.



414

[fol. 477] Dr. F rancis V. Simpkins, called as a witness 
on behalf of the defendant, being first duly sworn, testified 
as follows:

Direct examination.

By Mr. Gravatt:
Q. State your name, your age, your residence, and your 

occupation, please, sir.
A. My name is Francis V. Simpkins; my age is fifty- 

seven; my residence is Farmville, Virginia, and I am a 
Professor in the State College there, called Longwood.

Q. You are a Professor of what, please, sir?
A. History, American History.
Q. Dr. Simpkins, have you made any special study of 

any particular period of history?
A. I have written six books on various phases of 

Southern history.
Judge Soper: I can’t understand him.
Talk this way.
The Witness: I say, I have written six books on various 

phases of Southern history.
Judge Soper: History?
The Witness: History, yes.

By Mr. Gravatt:
Q. Will you state what those publications were?:
A. Well, one book is a textbook on the history of Vir- 

[fol. 478] ginia, which has just been published for the 
public schools under the auspices of the State Textbook 
Commission. Another one is T he L ife  o f S o u th  Carolina  
P olitician, B en  T ilghm an; another one is T he H is to ry  o f 
the Sou th , a general textbook for college students; then, 
I have written a book called T he W om en o f the C onfed­
eracy. I guess that is enough. I may have forgotten some 
of them.

Q. Have you made a special study of any particular 
period of Southern history?

A. This other book, called South Carolina During Re­
construction, on the period immediately after the Civil



415

War, that I made a special study, and I have written an 
article for the Encyclopedia of Americana called The  
K u  K lu x  K lan .
[fol. 479] Q. Have you made a special study of the his­
torical part played by secret organizations'?

A. Yes.
Q. In the period of history, Southern history, following 

the Civil War?
A. Yes, I have made a special study-----
Mr. Carter: Your Honor, we object to this line of in­

quiry. In the first place, the part after the Civil War, 
we can see no relation to that and 1957. We also see no 
relationship in the question about secret organizations. It 
is a field that has nothing to do with the problem before 
this Court.

Judge Soper: We will let the examination go on for 
a step or two more so we can see what the purpose of 
it is, and then we will try to rule on it.

Mr. Carter: All right, sir.

By Mr. Gravatt:
Q. What, Dr. Simpkins, historically, was the influence 

of these secret organizations which appeared in the South 
following the Civil War, and I refer particularly to those 
that were partisan for either one race or the other?

A. Well, I  think the Union or Loyal League—it was 
an organization that started in 1862 to promote patriotism 
[fol. 480] in the North, and after the War it spread into 
the South and became largely an organization made up 
of what the South called Carpetbaggers and Negroes. 
That organization was secret and it was responsible for 
perhaps one of the greatest changes that ever took place 
in Negro relations. It alienated the Negroes and the white 
people completely, not socially, but politically, and it was 
secret and it committed some, not many, but some acts of 
violence under the cloak of secrecy, this Union League of 
America.

Q. What other names or what were some of the other 
secret organizations that appeared in the South at that 
time?



416

A. Well, the most important of course, was the Ku 
Klux Klan. It was notorious for its secrecy and also 
ultimately became notorious for the crimes it committed, 
and the cloak of secrecy was one of the reasons why 
these crimes could be committed effectively. It had a lot 
to do with the destruction of what was called the radical 
governments in the various Southern States, not Virginia, 
in other Southern States.

Q. Based upon your study of history and your knowl­
edge of this particular period of history, what would be 
the effect of legislation—

Mr. Carter: We object, Your Honor.
[fol. 481] Judge Soper: The question hasn’t been fin­
ished.

Mr. Carter: All right.

By Mr. Gravatt:
Q. —designed to remove the cloak of secrecy from or­

ganizations dedicated to the promotion of the interest of 
any race.

Judge Soper: Now, Mr. Carter.
Mr. Carter: We object, Your Honor. I would like to 

renew the objection we made before. We see no relation­
ship of this question or the testimony or the line of ques­
tioning to the problem before the Court. It is an entirely 
different period. Dr. Simpkins is relating his knowledge 
of the history of an entirely different period than the 
matter before this Court. There is no question here of a 
secret, clandestine organization. That is not the problem 
before this Court. We renew our objection. We think 
there is no relevancy.

Mr. Gravatt: If Your Honor please, I have simply 
asked a question based upon history, and I should think 
that history would be a subject that would be relevant, 
certainly to the great problem that we have. We have got 
[fol. 482] witnesses here who have testified to the tension 
that exists in the state, we have got testimony here of 
various organizations that are active in Virginia and else­
where in behalf of one or the other, and I think that it 
would be quite enlightening to look to the pages of history



417

to see whether or not we may have made mistakes in 
the past in failing to undertake to control those organi­
zations and to prevent their secrecy in the fashion that 
is involved in the statutes.

Judge Soper: We will take the matter under con­
sideration. This is a good time to take a recess, anyhow. 
We will return at two o’clock.

(A recess was taken for lunch until 2:00 p. m.)

[fol. 483] Afternoon Session
Met pursuant to noon recess at 2:10 p. m.

Statement by J udge Soper

Judge Soper: With respect to the question of evidence 
that was before the Court at the time of adjournment, 
it is obvious of course that the question is a general one 
and it is obvious that there could be an extensive in­
vestigation into the whole history of the United States; 
and not only of the United States, but, generically, from 
the early times if you want to get instances of what 
happens when there are conflicts among people and among 
different races of people. This particular question as to 
what would be the effect of secret societies, that was 
alluded to in part on behalf of the plaintiffs here because 
they resent the idea that their organization is a secret 
organization. There is no evidence, as we see it, to justify 
that classification. Indeed, the evidence tends to show 
that their success greatly depends upon the publicity and 
the frequency with which they preach their doctrines to 
large masses of people.

On the other hand, it is obvious from a reading of 
the statute that whatever may have been one of its pur­
poses, it is not confined in its application to the NAACP, 
that reaches any organization or any person, even a public 
[fol. 484] man in Virginia who chose to preach either 
integration or segregation, if it wasn’t in a political cam­
paign, would be under the penalty of this statute unless 
he registered.



418

So in making this ruling, we do not want it understood 
that we are in any way holding that this organization 
should be classified, that is, the plaintiff’s organization, 
as secret. Their objection to registering and to divulging 
their names is, according to their viewpoint, fear of appre­
hension of discrimination of one kind or another. We 
are not disposed, Gentlemen, to in any way curb or re­
strict you in your examination to things that you think 
are relevant. We anticipate that you wouldn’t expect 
to go too long because we were assured solidly yesterday 
that you really wouldn’t need this whole day. If we would 
proceed with this through Claude Bower’s Reconstruction 
History and Rhodes’ History of the United States, we 
would be here at least, I think, until Christmas.

With this admonition, please confine yourselves. We 
feel, Gentlemen, that if there is any desire to file the 
Professor’s learned treatises or to use them in your brief, 
do so and quote from them, or any other work, but bear 
in mind that after all, while we are here temporarily as 
judges, we have been born and raised in this country and 
are reasonably familiar with what is going on and what 
[fol. 485] is going on and what has gone on in the matter 
of racial conflicts and other public controversies.

Mr. Gravatt: Thank you, Judge.

Dr. Francis L. Simpkins, the witness on the stand at 
the noon recess, resumed and further testified as follows:

Direct examination (Continuing).

By Mr. Gravatt:
Q. Dr. Simpkins, you have mentioned the Union League 

and Klan. Will you simply mention some of the organi­
zations that have sprung up?

A. Secret organizations?
Q. Yes, sir.
A. Well, they involved the Palefaces, the Knights of the 

White Camellia, the Knights of the Red Rose, the White 
Shirts, the Red Lion, the Shotgun Boys—those were some 
of the societies. They all go generally under the name of



419

the Ku Klux Klan. The Ku Klux Klan is a special organiza­
tion of them. It is the most important of the organizations, 
or might be.

Q. Has there been a recurrence periodically, a tendency 
to recur periodically, of these organizations that you re­
fer to, at later times'?

A. Well, certainly there has been for the Ku Klux Klan. 
[fol. 486] In this article that I wrote for the Encyclopedia, 
I referred to the three Ku Klux: the one of the Recon­
struction Period, the one that came after the First World 
War, and then the revival of it growing out of these racial 
tensions that exist today, which you might call the third 
Ku Klux Klan.

Q. Have statutes tending to require the disclosure of the 
membership in these organizations contributed to curb the 
harmful activities of such organizations, historically?

A. Well, I certainly think so. I think that statutes passed 
by the various Southern Legislatures in recent years has, 
at times, almost annihilated the Ku Klux Klan, although 
what you call the Ku Klux Klan spirit still exists. As long 
as you have racial tensions you will have that.

Mr. Gravatt: That is all.
Mr. Robinson: We have no questions.
Mr. Gravatt: Do you gentlemen excuse Dr. Simpkins?
Mr. Carter: Yes, sir.
Mr. Gravatt: You may go, if you like, or stay as you 

like, as you choose.
[fol. 487] Mr. Mays: I want to inquire of counsel: This 
is a logical place for us to pause to put the witnesses back 
on for cross-examination, if they desire them.

Judge Soper: Yes.

Leonard R. Bland, recalled by the plaintiffs, further 
testified as follows:

Cross examination (Continued).

By Mr. Robinson:
Q. Mr. Bland, this morning you testified concerning a 

paper that you said that you signed during the spring of



420

1951 when there were activities in Prince Edward County 
concerning the public schools there. I hand you this paper 
and I ask you to examine it and state whether or not this 
is the paper that you referred to in your testimony this 
morning.

A. It is my signature, regardless of the paper.
Q. All right, sir. You signed that paper, did you?
A. That’s right.
Mr. Robinson: All right. That is all.
Judge Soper: May we see it, if you please?
Mr. Robinson: Yes, sir. Your Honor, I believe we have 

photostat copies of all of these authorizations. With little 
notice, I think we could pull them out.
[fol. 488] Judge Hoffman: I take it that this is to be 
introduced in evidence.

Ofpeb in E vidence

Mr. Robinson: If Your Honor please, we would offer it 
in evidence.

Judge Soper: This is signed, and in the body of the docu­
ment there are the names of the children. They are the 
school children?

Mr. Robinson: That is correct, sir.
Judge Soper: And the signature at the bottom is the 

signature of the parent?
Mr. Robinson: That is correct.
Judge Soper: In this case, the witness is Leonard Bland.
The Witness: Yes, sir.
Judge Soper: Have you finished with the witness?
Mr. Robinson: Yes, we have finished.
Judge Soper: Do you care for further examination?
Mr. Gravatt: No, sir.
Judge Soper: Let it be marked as an exhibit in the case.
(The document was received in evidence as Plaintiffs’ 

Exhibit No. 8.)



421

[fol. 489]
Alma R. Randle, recalled by the plaintiffs, further testi­

fied as follows:

Cross examination (Continued).

By Mr. Robinson:
Q. Mrs. Randle, this morning you testified that sometime 

during the spring of 1951, at one of the meetings held in 
Prince Edward County concerning the school situation 
there, you signed a paper. I hand you this paper and ask 
you to examine it and state whether or not this is the paper 
to which you referred when you testified this morning.

A. This is my writing here, but this is not. (indicating).
Judge Soper: We could not hear what the witness said.
The Witness: Part of this on here is, my own signa­

ture—-—
Judge Soper: Is that your signature?
The Witness: Part of it is here, down at the bottom, here.

By Mr. Robinson:
Q. Would you read the words on there that you wrote?
A. I only wrote “Alma Randle.”
Q. That is your own handwriting, is it?
A. Yes; and this is one of the kids’, I think, Rosetta, 

[fol. 490] Q. Do you know in whose handwriting the bal­
ance of the handwriting on there is ?

A. Yes.
Q. You do know?
A. Yes.
Q. In whose handwriting is the balance of the material?
A. I think it is Rosetta’s—one of the kids’.
Q. Would that be Rosetta Randle, one of your children?
A. Yes.
Mr. Robinson: That is all.
Judge Soper: I think, for the convenience of the Court 

and counsel, it would be well to read one of these things 
into the record, so that you will have it there, instead of 
having to look at the exhibit.



422

Q e e e r  i n  E v i d e n c e

Mr. Robinson: All right. If Your Honor please, I would 
offer this into evidence and I will read it in its entirety:

“AUTHORIZATION
To W h o m  It M a y  C o n c e r n  :

“I (we) do hereby authorize Hill, Martin and Robinson, 
attorneys, of the City of Richmond, Virginia, to act for 
[fol. 491] and on behalf of me (us) and for and on behalf 
of my (our) child (children) designated below, to secure 
for him (her, them) such educational facilities and oppor­
tunities as he (she, they) may be entitled under the Con­
stitution and laws of the United States and of the Common­
wealth of Virginia, and to represent him (her, them) in 
all suits, matters and proceedings, or whatever kind or 
character, pertaining thereto.

“The child (children) here-in-before mentioned is (are) 
as follows:

N am e in  F u ll

Rosetta Elysabeth 
Randle

D ate Grade iSchool
of Birth. Sex A ttend . A tten d in g

Dec. 16,1930 Female 12 R. R. Motton
Ethel Lueell

Randle Apr. 25,1933 Female 10 R. R. Motton
Martin Rome

Randle Sept 20,1936 Son 8 R. R. Motton

“Said child (children) resides (reside) at Route 1, Box 5, 
Rice, Va, Virginia. Witness my (our) signature (s) this 
26 day of April 1951

Mother Alma Randle 
feather (sic) Rome Randle
Parent (s) or guardian (s)
(Cross out one)”

Judge Soper: The Stenographer will copy that into the 
transcript. Let it be filed as an exhibit.



423

[fol. 492] (The above-copied paper was filed in evidence 
and marked Plaintiff’s Exhibit No. 9.)

Mr. Robinson: I have no further questions of this wit­
ness.

Mr. Robinson: Will you call next Mrs. Sarah Elizabeth 
Iiicks.

Sarah Elizabeth Hicks, recalled by the plaintiffs, fur­
ther testified as follows:

Cross examination (Continued).

By Mr. Robinson:
Q. Mrs. Hicks, this morning you testified that during the 

spring of 1951, at one of the meetings called with reference 
to the school situation in Prince Edward County, you signed 
a paper?

A. Yes, sir.
Q. I will ask you to examine this paper and state, if you 

will, whether this is the paper you so signed.
A. I know I signed my name.
Q. Is that your handwriting, there?
A. Yes, sir, that is my signature.

Offer in Evidence

Mr. Robinson: If the Court please, we offer this in evi- 
[fol. 493] dence and, if the Court would desire it, I would 
be glad to read the portion of this in longhand, the balance 
of it being exactly the same as I have just got through 
reading.

Judge Soper: I think it is not necessary to read it.
Mr. Robinson: All right, sir.
(The last-mentioned paper, marked Plaintiffs’ Exhibit 

No. 10, was received in evidence.)
Mr. Robinson: I have no further questions of this wit­

ness.
Mr. Gravatt: No questions.



424

Rosa Bell Davis, recalled by the plaintiffs, further testi­
fied as follows:

Cross examination (Continued).

By Mr. Robinson:
Q. Mrs. Davis, you testified this morning that during the 

spring of 1951, at' one of the meetings held with reference 
to the school situation in Prince Edward County, you signed 
a paper. I will ask you to examine this paper and state, if 
[fol. 494] you will, whether this is the paper to which you 
had reference this morning!

A. Yes, this is it.
Q. Would you speak up so the Court can hear you!
A. I think so.
Q. Is that your signature appearing at the bottom, there!
A. Yes, it is.

Ofeek in Evidence

Mr. Robinson: If the Court please, we offer this in 
evidence, as well. I have no further questions.

(The last-mentioned paper, marked Plaintiffs’ Exhibit 
No. 11, was received in evidence.)

Mr. Robinson: Mrs. Maude E. Walker.

Maude E. Walker, recalled by the plaintiffs, further testi­
fied as follows:

Cross-examination (Continued).
Mr. Robinson: If the Court please, we have photocopies 

of the four papers that have been introduced in evidence 
thus far. If, for the convenience of the Court, the Court 
[fol. 495] would desire them, I would be very glad to hand 
them up now.

Judge Soper: If they are the same, we do not need them.
Mr. Robinson: All right.



425

By Mr. Robinson:
Q. Mrs. Walker, this morning you testified that during 

the spring of 1951 you signed a paper that had connection 
with the school situation in Prince Edward County. Would 
you examine this paper and state whether this is the 
paper that you signed!

A. I don’t know whether I seen this or not (indicating). 
The paper I signed had about two or two lines and a half, 
and I don’t remember seeing all this up here.

Q. Would you look at the words appearing here at the 
bottom, “Mrs. Maude E. Walker,” and will you state 
whether or not that is your handwriting?

A. It looks like it.
Q. Can you say positively whether or not that is your 

handwriting?
A. Well, I told you it looks like it.
Q. It looks like your handwriting?
A. Yes.
Judge Soper: What is in the body of the paper that is 

in handwriting beside the signature?
[fol. 496] Mr. Robinson: Shall I read it, Your Honor, or 
characterize it?

Judge Soper: Read it to the witness.
Mr. Robinson: The words “John Junius Walker, Sep­

tember 17, 1935, male, 9-B, R. R. Morton. Maude Estelle 
Walker, February 6, 1937, F-8-B, R. R. Morton, Route 2, 
Box 81, Farmville, Virginia. 26 April 1951.”

Judge Soper: Who are those people? Ask her.

By Mr. Robinson:
Q. Who are John Junius Walker and Maude Estelle 

Walker?
A. They are my children.
Q. Was John Junius Walker, in fact, born on September 

17, 1955?
A. John was born then.
Q. And Maude Estelle Walker was born on February 

16, 1937?
A. Yes.



426

Q. On April 26, 1951, was John Junius Walker attend­
ing Grade 9-B at R. R. Morton High School in Farmville!

A. He was at the school; I don’t knowT what grade.
Q. And Maude Estelle Walker was also attending that 

school on April 26, 1951?
A. Yes.

[fol. 497] Q. On that date, did you reside at Route 2, 
Box 81, Farmville, Virginia?

A. Yes.
Q. Would you look at the balance of the handwriting on 

here, Mrs. Walker, aside from your signature, and tell 
me, if you can, whose handwriting that is?

A. Well, I told you it looks like mine.
Q. It looks like all of the handwriting on there appears 

to be yours?
A. It looks like it.
Q. Or what is it that does not appear to you to have 

been on there when you saw it?
A. This paragraph here, (indicating) here.
Q. The material up here?
A. Uh-huh.
Judge Hutcheson: What do you have reference to? The 

printed part?
Offer in Evidence

Mr. Robinson: The mimeographed part, yes, sir.
If the Court please, we offer this in evidence.
(The last-mentioned paper, marked Plaintiffs’ Exhibit 

No. 12, was received in evidence.)

[fol. 498] Redirect examination.
By Mr. Gravatt:

Q. Is the paragraph to which you refer the paragraph 
beginning, “I do hereby authorize” and ending with the 
words, “Pertaining thereto”?

A. I don’t remember seeing that.
Q. You don’t remember seeing that?
A. No, I don’t.
Q. Can you state affirmatively whether or not that para­

graph was on the paper that you signed?



427

A. Well, all I can tell you, I  don’t remember seeing that 
on there.

By Judge Soper:
Q. Can you read it?
A, Yes, I can read it.
Q. Well, read it.
A. “To whom it may concern: I (we) do hereby authorize 

Hill, Martin and Robinson, attorneys, of the City of Rich­
mond, Virginia, to act for and on behalf of me (us) and 
for and on behalf of my (our) child (children) designated 
below, to secure for him (her, them), such educational fa­
cilities and opportunities as he (she, they) may be en­
titled under the Constitution and laws of the United States 
and of the Commonwealth of Virginia, and to represent 
him (her, them) in all suits, matters and proceedings, or 
[fol. 499] whatever kind or character, pertaining thereto.

“The child (children) here-in-before mentioned is (are) 
as follows:”

Judge Soper: I think she has done very well. I wish 
the lawyers could read as clearly.

Are there any further questions?
Mr. Robinson: We have no further questions, Your 

Honor.
We have no further questions of this series of witnesses, 

if the Court please, and, so far as we are concerned, may 
the other two witnesses from Charlottesville come back in 
the courtroom if they desire?
[fol. 500] Mr. Mays: I would like to call Mr. Harrison 
Mann.

C. H a r r is o n  M a n n , J r., called as a witness by the de­
fendants, being first duly sworn, testified as follows:

Direct examination.

By Mr. Mays:
Q. Will you please state your full name, your place of 

residence, and your occupation?



428

A. Charles Harrison Mann, Jr.; I am a lawyer and a 
publisher; my place of residence is Arlington County, Vir­
ginia.

Q. Do you hold any kind of political office or position 
in Virginia, and if so, what?

A. Yes, sir, I am a Member of the House of Delegates.
Q. For how long a period have you been and what dis­

trict do you represent!
A. I represent the District of Arlington and I have been 

a Member since 1954.
Q. I call your attention to an Act of the Extra Session 

of the General Assembly of Virginia passed last July, which 
is designated as Chapter 32 and which may be further 
[fol. 501] identified by stating that it relates to the matter 
of registration of organizations involved in racial activity. 
Does that identify it enough for you to know what I am 
speaking of ?

A. It does not; so, sir. I am not familiar enough with 
the chapter numbers as I am the bill numbers.

Q. Would you look or do you have a copy of Chapter 32?
A. Yes, sir.
Q. It is on page 31.
A. Yes, sir, I am familiar with the bill.
Q. Were you a patron of that measure?
A. That is correct. I was chief patron of that measure.
Q. As chief patron, when did it occur to you that the 

subject matter of this legislation should be enacted into 
law?

A. During the latter part of the regular session of 1956.
Q. Were there any reasons that prompted you to think 

that this should be enacted into statute law?
A. Yes, sir.
Q. What were they?
A. About that period of time the so-called Lucy incident 

down in Alabama was causing a great deal of violence in 
[fol. 502] that area. At about the same time, Casper was 
beginning his operations in the entire eastern part of the 
United States. I felt that it was very probable that in 
Virginia and elsewhere we were going to be faced with a 
situation fused with a great deal of racial tension that 
might ultimately lead to violence and that we in the State



429

of Virginia should do everything we possibly could to see 
that that violence did not occur and that tension did not 
reach the point where it would occur. It was for that reason 
that I felt it would be highly desirable that all of those 
elements which would tend to create any racial tension or 
violence in the State of Virginia should, under law, register 
and their identities be known so that the proper responsi­
bility could be placed on those people; and that there would 
be, by reason of the fact that they were known, a deterrent 
to any inclination on their part to breach public or private 
rights.

Q. Now, you mentioned one Casper, can you identify him 
a little more clearly? What was his first name?

A. I think his first name is John Casper.
Q. Does he operate out of any particular city or area, 

or do you know?
A. At that time, he was operating out of the city of 

Washington which is right across from my home.
Q. What was the character of his operation, so far as 

[fol. 503] you know?
A. I tliink the character of his operations at that time 

was very largely to line up his chapters of the Seaboard 
Citizens Councils. Subsequently, of course, we are all fa­
miliar with his operations in Clinton and in Nashville and 
in other places where he has gone down and fomented 
violence.

Q. As I understand it, it was about the time of the regular 
session in the early part of ’56 that you had these ideas 
and thought that you should have legislation to meet this 
situation ?

A. That is correct, sir.
Q. Did you attend the extra session of the General As­

sembly in the fall of that year?
A. Yes, sir.
Q. Had you, in the meantime, done any work on a bill of 

this character?
A. Yes, sir, I had drafted a bill to be subsequently in­

troduced, either at a special session or at a regular session 
that might subsequently come.

Q. When you came to the extra session of the General 
Assembly in the fall of ’56, did you introduce a bill of that 
sort?



430

A. That is correct, the special session.
Q. Did you find any support to that bill in the General 

Assembly, so far as other patrons are concerned?
[fol. 504] A. Yes, sir, there was a tremendous amount of 
support. As a matter of fact, there were quite a number of 
people who had somewhat similar ideas and a similar plan, 
I discovered.

Q. Now the bill as it ultimately came out of the General 
Assembly, was the bill precisely as you had brought it to 
Richmond or were there changes made in it?

A. No, it was not the same bill that I introduced. The 
bill was introduced and referred to the Courts of Justice 
Committee of the House. The Courts of Justice Committee 
of the House reported out a subsequent measure without 
any patrons whatever as the bill of the Courts of Justice 
Committee.

Q. Did you continue to be its fchief sponsor?
A. I continued to be its chief manager.
Q. And that was the bill that was ultimately adopted, 

went through the Senate and was ultimately adopted?
A. Yes, sir, the substitute bill from the Courts of Justice 

Committee.
Q. Were you the chief patron of any other legislation at 

that session?
A. Yes, I was the chief patron of a great many bills in 

that special session.
Q. Were you, to be specific, the chief patron of any of 

the bills in this series beginning with Chapter 31 and go- 
[fol. 505] ing through Chapter 36 of the Acts of the extra 
session?

A. I was the chief patron of Chapter 31, Chapter 32, 
Chapter 33, Chapter 35, and Chapter 36.

Q. Did you have all of those bills in mind when you first 
came, or did you have some particular ones in mind other 
than Chapter 32?

A. No, sir. When I came to the special session, I had 
drafted Chapter 32 and Chapter 35.

Q. Can we identify that?
A. Those were the only two bills which I had planned 

to introduce.



431

Q. Shall we identify Chapter 35 as the one dealing with 
barratry ?

A. That is correct.
Q. When did you conceive the idea of that statute!
A. Some time during the months of June and July of 

1956.
Q. What did you have in mind!
A. Well, I had in mind the background of what was oc­

curring in the State of Virginia and throughout the United 
States. There had been reported that the press had dis­
covered that a number of the plaintiffs in the Prince Ed­
ward case had indicated that they did not realize that they 
were bringing a suit in connection with integration, that 
[fol. 506] they thought that they were merely bringing an 
action in order to obtain better schools.

In northern Virginia, several lawyers attempted to in­
tervene in the Federal District Court up there on the basis 
that the NAACP was practicing law. At that time, it may 
be recalled that the case against the NAACP in Texas was 
being tried and there it became quite evident that the 
NAACP was not only soliciting plaintiffs for their cases, 
but in at least one case was paying a plaintiff to act as 
such. I  felt by reason of what I considered to be a breach 
of legal ethics and certainly good public policy that the 
common law offense of barratry—and incidentally I might 
say that I was also at the same time thinking about the 
common law offense of maintenance, however I had not 
drafted a statute—I felt that those Acts would be a highly 
desirable thing. May I add further to complete my answer!

Q. Please continue.
A. At the same time, it was perfectly evident that not 

only cases of that nature wTere being pursued from the 
standpoint of the NAACP, but in Maryland, in Kentucky, 
and in other—in Louisiana and in other areas there was a 
large number of cases also being brought by white people.

Q. Will you state to the Court just how it was that you 
became patron of the other three bills that you mentioned! 
[fol. 507] A. Yes, sir. When I got to the special session, 
I found that a large number of the members of the General 
Assembly had been giving this subject a great deal of 
thought,' I found, for example, that Senator Fenwick had



432

drafted a bill on maintenance. I was aware of that fact. 
I found that other people had bills relating, or proposed 
bills relating, to registration. I found that at least one 
other delegate had a bill relating to a General Assembly 
investigative committee to investigate possible barratry 
offenses and maintenance offenses. Likewise, there were 
some other similar bills. I don’t recall who had them, but 
one in particular was to amend the running and capping, or 
what I prefer to call the ambulance-chasing section of our 
Virginia Code. I, and several others who were interested 
in this legislation, got those people who were primarily 
interested in this legislation together and asked for a con­
ference with the Governor. Now this was after the special 
session had started. We discussed all the proposed bills 
and requested the Governor to request the General As­
sembly that they enact the bills which are under discus­
sion.

Q. That special session of the General Assembly could 
enact only such legislation as it was called to enact unless 
it had the unanimous consent of the Members or the re­
quest of the Governor; is that correct?
[fol. 508] A. That is correct. At the beginning of the 
special session, a resolution was passed by both houses 
limiting the subject matter of the session to matters per­
taining to education and only those matters which were 
agreed to be heard by the General Assembly, by common 
consent, unanimous consent, or by request of the Governor.

Q. And I take it that you went to the Governor and 
requested him to request action on these bills?

A. That is correct, sir. It is the simplest way to get 
the bills before the General Assembly.

Q. Your district comprises what county?
A. Arlington County, sir.
Q. What is the population of that county?
A. I think the census population, sir, is 165,000. I don’t 

know what the Chamber of Commerce census is.
Q. Is the proportion of the colored people there very 

large ?
A. No, sir; I would say about 10 percent.
Q. Have you had any difficulties, so far as the NAACP



433

was concerned, in that area from any threats of violence 
at that time!

A. Not from the NAACP, no, sir.
Q. Is it fair to say that your chief concern was John 

Casper and his activities at that time?
A. Not only fair to say, but that is the situation, sir. As 

[fol. 509] a matter of fact, I was so concerned about his 
activities and his close residence in the District of Columbia 
that I requested of my Commonwealth’s Attorney knowl­
edge of ways in which I could proceed in the event that 
he brought his activities across the river.

Q. Let’s identify him a little better, just for the record.
A. John Casper.
Q. Is he a white man?
A. That is correct.
Q. Who is violently fighting integration?
A. That is correct.
Q. Because of your activities, or for any reason, did 

you during that period, and have you since, been pestered 
by any large number of anonymous communications by 
phone or otherwise?

A. Yes, sir.
Judge Soper: This is corroborative evidence, I under­

stand.
Mr. Mays: We want the Court to know that it comes 

from both sides.
A. (Continuing) I am rather continuously the butt of 

abuse from all varieties of crackpots, and I think almost 
anybody in public life that takes a position with respect 
to any matter is going to receive, from a certain type of 
[fol. 510] people, all forms of abuse and threats, and so 
on.

By Mr. Mays:
Q. At any rate, you have been getting it in volume and 

continue to do so?
A. Most of it has been by telephone, yes, sir.
Mr. Mays: We have no further questions.



434

Cross examination.

By Mr. Robinson:
Q. Mr. Mann, as I understand your testimony you are 

chiefly interested in Chapters 31 and 33 because of the 
activities of John Casper that you feared would extend 
south of the Potomac into Virginia; is that correct?

A. Not only John Casper, but it was perfectly evident 
to me that there were many racial organizations springing 
up throughout the entire country and including the State 
of Virginia. The Defenders in the State of Virginia, the 
Ku Klux Klan was springing up in Florida—they had al­
ready made their appearance in other states.

Q. Do you mean to say that there had occurred in the 
State of Virginia when you were formulating your judg­
ment about this legislation incidents of a character that 
have been attributed to John Casper outside of the State 
of Virginia?

A. No, that had not.
[fol. 511] Q. So your main concern was Casper and you 
were afraid of violence resulting from active participation 
by people like him and that is really why you were in­
terested in getting enacted into the statute law what are 
now Chapters 31 and 32?

A. No, my main concern was not Casper, my main con­
cern was to avoid in the future situations whereby people 
of Casper’s type and organizations interested in racial 
matters would possibly cause racial tension or violence.

Q. It didn’t take any membership list in Knoxville, 
Tennessee, or Nashville, Tennessee, to get Casper arrested 
and jailed for inciting a riot, did it?

A. It certainly did not.
Q. Are you familiar with the fact that he got himself in 

difficulty in Nashville, Tennessee, for inciting a riot and 
was jailed on that account?

A. Quite familiar with it.
Q. Are you familiar that he got himself in some kind of 

difficulty, I don’t know whether it was the same thing or 
not, but some similar kind of difficulty in Knoxville, Tennes­
see? Isn’t that correct?



435

A. That is correct, with a lot of other people.
Q. And the people down there apparently didn’t need 

any list of members of people who were associated with 
Casper to take care of that situation, did they?
[fol. 512] A. No, but I am inclined to think that the 
people who helped him would have been far more restrained 
had those people been members of a well known organiza­
tion whose names appeared as a public record.

Q. Are you familiar with the length of time that the 
National Association for the Advancement of Colored 
People has operated in Virginia?

A. No, I am not.
Q. If I told you that the National Association for the 

Advancement of Colored People has operated in Virginia 
since 1934, would you have any information to the con­
trary ?

A. I would have to rely on your statement.
Q. Has there occurred, to your knowledge, any incident 

in the State of Virginia since the year 1934 of a character 
of incidence that you would attribute to John Casper?

A. No, there has not.
Q. Now, Mr. Mann, let’s get over to Chapters 33, 35 and 

36. What was your motive behind those provisions? Why 
were you interested in getting them enacted into law?

Judge Soper: What chapters?
Mr. Robinson: Chapters 33, 35, and 36. If the Court 

please, they are the other three statutes that are involved 
in this litigation.

A. My motive in getting those enacted into law was to 
[fol. 513] prevent as a matter of public policy that type of 
activity which was common knowledge was going on and 
being participated in by the NAACP in soliciting plaintiffs 
and, in some instances, even paying a plaintiff to bring a 
suit, the type of activity which I have previously described 
in my direct testimony.

By Mr. Robinson:
Q. In formulating that decision, you acted on something 

that you read in a newspaper about something that you



436

thought happened in Prince Edward County. That was one 
of the things that you acted on, wasn’t it?

A. That is correct.
Q. What ,were the other things that motivated you to 

the decision that you needed some more laws in order to 
control what you assumed to be going on?

A. The effort that was being made by the attorneys in 
the northern district of Virginia to intercede in that par­
ticular case because the NAACP, a corporation, was prac­
ticing law in Virginia.

Q. But I assume that you familiarized yourself with the 
activities of those attorneys to intervene in that case. You 
are familiar with what happened in that case?

A. I am familiar that Judge Bryan denied the right to 
intercede. Why he denied that right, I am not able to say. 
[fol. 514] Q. Didn’t you take time to find that out?

A. No, I didn’t take time to find that out.
Q. What else was it that motivated you to this decision 

that we needed some laws on this subject?
A. The general activity of the NAACP in other states, 

particularly the State of Texas, in which it became very 
apparent that they were engaged in soliciting plaintiffs, 
paying plaintiffs, operating as free counsel for plaintiffs, 
and so forth.

Q. Where did you get your information about what 
was going on in Texas? Where did that come from? Did 
you go to Texas?

A. From the New York Times, from other newspapers, 
news magazines, and, as I recall, from the Race Relations 
Reporter.

Q. What were these stories about? What was the oc­
casion for this information getting in the newspapers that 
you just made reference to? Was there anything going 
on in Texas?

A. As I recall it, there was a suit to bar the NAACP 
from doing business in Texas.

Q. Did that suit come up for trial in the State of Texas ? 
Was it the news stories about this suit in Texas that con­
stituted this body of newspaper information that you acted 
on?



437

[fol. 515] A. That is correct; they were matters in the 
State of Texas.

Q. Are you familiar with the date on which your bills, 
Chapters 31, 32, 33, 35, and 36, were approved and became 
law in Virginia? Do you know the date that they took 
effect? Wasn’t it September 28, 1956, to be exact?

A. I was going to say that it was in the latter part of 
September that those bills became effective.

Q. And the special session wasn’t called until about the 
latter part of August, about the 28th or 29th of August, 
1956; isn’t that correct?

A. That is correct.
Q. And you said that so far as the materials or the ideas 

that were codified in Chapters 33, 35, and 36 were concerned, 
that you didn’t even have those in mind until after the 
special session got underway; isn’t that correct?

A. Oh, no, no, I had those in mind—those occurred to 
me in July and I believe, as a matter of fact, as early as 
June.

Q. What had happened in June and July that gave you 
those ideas?

A. The matters which I have recounted; the action in 
Texas which had not culminated, had not been completed; 
the action with respect to the Prince Edward case; and the 
[fol. 516] material that was of interest in that time.

Q. Let me ask you this, Mr. Mann. Do you know when 
that Texas case that you have been talking about was tried?

A. I don’t know when it was tried. It was brought, I 
believe, in about June or July of 1956.

Q. The story that you read about were the stories of 
trial of that case. Do you remember when the trial of that 
case started?

A. No, I don’t.
Q. Would you be surprised if I told you some time after 

September 20,1956?
A. The trial of the ease?
Q. The trial of the Texas case.
A. No, I would not be surprised if you told me the trial 

of the Texas case.
Q. You mean you took whatever action you did on the 

basis of the Texas situation after September 20, 1956, and



438

September 28, 1956, when those bills became law by the 
signature of the Governor ?

A. I am sorry, I didn’t get the import of your question.
Q. You testified, Mr. Mann, that one of the things that 

influenced you to the decision that you made about these 
three laws was what you read in the newspapers concern­
ing the trial of the Texas action.
[fol. 517] A. That is right.

Q. Which did not occur until September 20, or some time 
the latter part of September, 1956?

A. That is correct.
Q. Do you still say that what you read in the newspaper 

about the Texas trial influenced you in your activities con­
cerning statutes that became law as early as September 
28,1956?

A. Yes, it influenced me very considerably because it 
tended to corroborate all of the background that we had 
had in the State of Virginia prior to that time.

Q. So you didn’t have those in mind before, but they 
just corroborated an idea that you had formulated on 
something else before that. Isn’t that right?

A. Well, one always gets an idea as to legislation.

By Judge Soper:
Q. The bills were drawn up prior to the Texas legisla­

tion?
A. Yes, sir, they were drawn up.
Q. You worked on them yourself ?
A. I would say probably in the month of August, sir.
Q. Let me ask you this. Take Chapter 31, for example, 

the general provision is that a person or an association 
unless it is registered may not solicit or expend funds for 
[fol. 518] litigation in which it has no financial interest.

A. Yes, sir.
Q. That was aimed, as I understand it, primarily at the 

activities with which you were informed of the NAACP in 
Virginia?

A. Your Honor, that is not quite the case with Chapter 
31. Chapter 31 was not the bill that I had—the registration 
bill that I had originally intended to introduce.

Q. All right, Chapter 32.



439

A. That was Chapter 32. Chapter 31 was proposed by 
someone else because they felt, apparently, that anybody 
who solicited any funds for such purpose whatever-----

Q. I understand exactly, but it was a companion bill to 
32?

A. Yes, sir.
Q. Which you did father as a patron and which you 

sponsored because you felt that the activities of the NAACP 
in Virginia justified it?

A. That is correct, sir.
Q. Under Chapter 31, an association, unless it is regis­

tered, may not solicit or expend funds for litigation in 
which it is financially interested, at least, that is my un­
derstanding of it.
[fol. 519] A. Any direct interest, I believe.

Q. Unless he has a pecuniary interest or liability.
A. Unless such a person is a party or unless he has a 

pecuniary right or liability therein.
Q. That is right.
A. Yes, sir.
Q. If a person or an association does register under that 

statute, then so far as that statute is concerned he may 
solicit and expend funds for litigation in which he has no 
financial interest.

A. Yes, sir.
Q. Is that correct?
A. Yes, sir. I don’t think that it is permissive——
Q. I am talking about Chapter 31.
A. Chapter 31, yes, sir. In other words, he may go 

forward and solicit funds after he registers.
Q. That is, he is forbidden to do it unless he registers.
A. That is correct.
Q. If he does register, he may do it?
A. That is correct, sir.
Q. So that the registration does not in any way inter­

fere with his doing the things which you were trying to 
prevent.

A. No, sir.
[fol. 520] Q. If you go to Chapter 32, which you were 
especially helpful in preparing, it is somewhat broader 
than 31, as I understand it.



440

A. Yes, sir.
Q. Because without registration it forbids engaging, as 

one of the principal activities of the Association, in promot­
ing race legislation or advocating integration or segrega­
tion or in causing racial conflicts or in raising or expend­
ing funds.

A. In racial cases.
Q. For racial litigation.
A. Yes, sir.
Q. Your understanding is that if he registers he may 

do all of those things ?
A. So long as no other law bars him from doing so.
Q. So that the only point of those two things is to secure 

registration and the registration would have no—it is not 
quite clear to me what you said that you had in mind as the 
reason why you wanted the registration of persons engaged 
in the activities of promoting litigation or legislation of a 
racial character unless they had a money interest. I am not 
sure what you said you had in mind you would derive from 
the registration of such a person.

A. Well, in Chapter 32, sir, which, as you have pointed 
out, is a broader registration measure than Chapter 31, 
[fol. 521] the purpose of that registration there encom­
passes three groups, all of those groups being involved in 
racial matters. My purpose in that bill was to get the 
committee to publish record the names of the people who 
when the organizations engaged in these two activities 
their names would be a part of the public record so that 
direct responsibility could be placed on the organizations 
and the individuals engaging in that for any of the ac­
tivities that they undertook to do.

Q. Chapter 36 seems to be limited, so far as I can see 
at the moment and that does not contemplate registration, 
it is a prohibition.

A. No, sir, that is what—this, as I recall, was primarily 
Senator Fenwick’s measure-----

Q. May I interrupt you? It is true, to get this much out 
that is clear between us, that this statute does not require 
registration?

A. No, sir.



441

Q. And the registration wouldn’t do you any good.
A. In this statute?
Q. Yes.
A. I am not too sure, sure, that registration wouldn’t 

do a great deal of good in connection-----
Q. Where is there any reference to registration in Chap­

ter 36?
A. There is none, sir. But I would like to point out 

[fol. 522] that under the registration laws where people 
have to account for their expenditures and have to account 
for those expenditures under oath that those expenditures 
accounted for under oath may well disclose a violation of 
this section.

Q. I don’t doubt it. But what I am trying to say is that 
this section cannot be cured by registration, the act of 
a——

A. Oh, no, sir. No, sir, I didn’t get your point.

[fol. 523] By Judge Soper:
Q. Now, did you draw this section?
A. No, sir.
Q. I remember, a good many years ago, trying a case 

in Maryland where a fellow had drawn a law against mak­
ing oleomargarine and then he was a lawyer in the case, 
and he told the whole courtroom there wasn’t any use ask­
ing anybody else what the law meant, because he drew it 
and he knew.

A. Well, sir, I don’t find myself in that position.
Q. But do I understand that this prohibits either giving 

or accepting anything of value as an inducement to com­
mence ?

A. Yes, sir.
Q. Is it limited to that phrase?
A. I believe it is, sir, and down here there is a second 

prohibition, down in Section 1(b).
Q. Do I understand that Section 1(b) makes it unlawful 

for a person who has no financial interest in or no relation­
ship by blood or marriage with the plaintiff to assist in 
bringing or maintaining a suit, to advise, counsel, or other­
wise instigate the bringing of a suit?

A. Yes, sir, and that is a suit against the Commonwealth 
or any of its administrative bodies or officers.



442

Q. Is that limited by the phrase, “whose professional 
advice has not been sought in accordance with the Virginia 
Canon of Ethics”?

A. That is true. That makes it perfectly proper and 
that was written in to make it perfectly proper.

By Judge Soper:
Q. The purpose of this section was to prevent any as­

sistance given by any such a body as the NAACP to any 
person who wanted, for example, to bring a suit regarding 
the acceptance of his children into school?

A. That is correct; the NAACP or any other group that 
did not have a direct interest in the suit.

Q. We have been talking a lot about registration, and 
I am not minimizing that phase of the case, but, as I un­
derstand it now, this Section 1(b), irrespective of registra­
tion, would put the NAACP out of business in Virginia?

A. Well, I wouldn’t say, sir, that it would put them out 
of business. It might put them out of business as a cor­
poration practicing law.

Q. I am not talking about legal technicalities; I am talk­
ing about an organization that comes in here, that spends 
money and helps people to bring suits to assert what they 
regard as their constitutional rights; and my question is, 
[fol. 525] whether or not this Section 1(b) would make 
that unlawful.

A. That aspect of their activities, it would make un­
lawful.

Judge Soper: Exactly.

By Judge Hoffman:
Q. Mr. Mann, would it not also substantially eliminate 

all class actions? By that I am not referring to race at 
all—just forget the racial situation entirely. Assuming 
that you are employed by the residents of a certain area in 
Arlington County, let us say, to fight some zoning ordi­
nance in court; unless your advice were directly sought 
by each and every individual, you could not bring this

[fol. 524] B y  Ju d g e  H u tc h e so n :



443

action under Chapter 36; am I correct in that conclusion?
A. No, sir, because there are a number of exceptions 

in this particular chapter and that particular example you 
gave is one of the exceptions. But, irrespective of whether 
or not it were an exception, in order to try to answer your 
question, I would not say, sir, that it would prohibit all 
forms of class actions, so long as individuals who had a 
direct interest in the suit wished to retain my services in 
order to bring that class action, but it would certainly, 
as I think the statute very clearly sets out, prohibit others 
and anyone who does not have an interest from offering 
[fol. 526] funds as an inducement to someone to bring 
litigation.

Q. Well, I see your exceptions under Section 6 of Chap­
ter 36, but speaking specifically with respect, let us say, 
to a zoning law, I do not see the exception there. I just 
happened to hit on that illustration.

A. Well, that is the reason why, sir, I answered your 
question exclusive of that illustration. That is in the excep­
tions, I am quite certain.

Q. Suppose that you were called upon to represent a 
church group in connection with some matter; do you think 
you could do that under the wording of that statute?

A. Yes, sir; if that church group employed me for the 
purpose of bringing that action, I see no reason at all why 
that church group should not employ me, why the church 
vestry or board of directors should not obtain the funds 
from their group for the purpose of carrying forward 
that action.

By Judge Soper:
Q. Could they go further and get funds from some other

organization to assist them?
A. Not as an inducement for me to bring that action,

no, sir.
Q. Not as an inducement but as an aid. Suppose the 

church group wanted to bring the action; they did not 
[fol. 527] have sufficient funds; could they get those funds 
from some other person and, if they did, would that other 
person be an offender under this statute?



444

A. If the request for the funds and for the giving of 
the funds did serve as an inducement for the church to 
commence that action, it would be prohibited, sir, in my 
judgment.

By Judge Hoffman:
Q. Well, if you named your fee and the church did not 

have sufficient to pay for your services and the church 
then went on the outside to raise the money for the purpose 
of bringing the action to pay your fee, that would induce 
you, I suppose, to bring the suit, if you were sufficiently 
compensated, would it not?

A. Well, I would have named my fee, sir; how they got 
the money would be a matter, I think-----

Q. Well, would it not be an inducement to you to bring 
the suit—the extra money that would come from an outside 
source—and would not that be against the law?

A. No, sir, I don’t think so, and I don’t think that induce­
ment runs so much in this situation to the attorney as it 
does to the plaintiff to bring the suit.

Q. All right. Let us look at Chapter 33. That makes it 
an offense, I believe a misdemeanor—there are some sec­
tions in the Virginia Code which have been in effect for 
[fol. 528] some years and which must be read in connection 
with these Sections 33 and 35 because they prescribe penal­
ties for violating those sections?

A. Yes, sir.
Q. So, bearing that in mind, is it not true that under 

54-78 it would be unlawful for a lawyer in Virginia to 
accept any financial assistance or fee, or part of a fee, 
from the NAACP, in a school case?

A. Are you referring to Section 54-78, sir?
Q. Yes, sir.
A. May I read it and refresh my memory as to that 

section? I am not in the enviable position of the man who 
wrote the oleomargarine law. I didn’t write this one, 
either.

Q. But you have become an expert in this field and I 
am asking your assistance.

A. On a very quick reading of this, sir, as I see it, the 
only thing that it does is provide that one may not be a 
runner for a corporation or a person or a partnership



445

in obtaining or solicitation of business for an attorney at 
law who is serving for that corporation, association, or 
partnership.

Q. Well, if there is a meeting of colored people who are 
interested in securing education for their children and it 
is the sense of the meeting that litigation is necessary, 
[fol. 529] and the people in this meeting authorize the 
bringing of such a suit—if they authorize lawyers to bring 
such a suit, can the lawyer accept compensation from the 
NAACP ?

A. I would think so, sir.
Q. You would think so?
A. Yes, sir. I see no situation here where solicitation of 

business is involved, either by the lawyer or by the NAACP.
Q. But look at the words that come after the solicitation 

of business, at the top of page 35. Beginning with the 
italicized portion that begins on the third line, is there not 
some indication that any association that acts in connec­
tion with any judicial proceeding—that any attorney who 
acts in connection with a judicial proceeding for a corpora­
tion or association which has no pecuniary interest has 
violated the law by becoming a runner, or is guilty of mal­
practice ?

A. No, sir. My understanding of this section is that 
there is no reason why he should not serve as long as he 
or the corporation or the association which he represents 
does not go out and solicit business, or a representative 
of that group solicits business. Now, if a representative 
does solicit business, then this is a direct prohibition against 
that-----
[fol. 530] Q. Solicit business for whom?

A. For themselves.
Q. You mean for the lawyer?
A. For the lawyer, yes, s ir; but if the corporation or the 

association that pays the lawyer——
Q. I don’t understand your last statement.
A. Well, if an agent goes out and solicits plaintiffs for 

the NAACP, which pays the lawyer, then the NAACP, 
which hires the lawyers, would be in violation of this sec­
tion of the law because they had a runner who solicited 
business for them.



446

Q. Well, if the people in a certain locality are being de­
prived of proper school facilities and this national or­
ganization becomes aware of that fact and goes into that 
neighborhood in order to try to improve conditions, it would 
not, in your judgment, be lawful for it to call a meeting to 
suggest to those people that their rights might be achieved 
by litigation in court which the association would be will­
ing to finance? That would be a violation of this section?

A. That is correct, sir, in my judgment.
Judge Hutcheson: May I ask a question now, if you 

gentlemen are through?
Judge Soper: You have been very patient, Judge, as 

usual.

[fol. 531] By Judge Hutcheson:
Q. You have almost cleared up one point, Mr. Mann, 

but turn back to Section 36 again, will you, please. Sec­
tion (a), as I read it, prohibits the giving of a consideration 
to induce a person to commence or prosecute a suit—I 
understand it prohibits the giving of a consideration to 
induce a person to bring a suit. Do you read any pro­
hibition in that section against contributing to a suit 
already brought?

A. Yes, I do, because the prohibition there is “to com­
mence or to prosecute further any other original proceed­
ings.”

Q. I see.
A. I would venture the thought that after a case finished 

a particular step in the proceedings, this statute would 
come into effect if the funds were made available to con­
tinue the proceedings further.

Q. I see. After it had been instituted?
A. Yes, sir.
Q. If it were an inducement to continue the proceed­

ings?
A. That is correct.

By Judge Soper:
Q. Inducement to whom?
A. Inducement to the plaintiff, sir.



447

[fol. 532] Q. Not an inducement to the lawyer but to the 
plaintiff?

A. That is correct.
Q. You read in that connection “inducement” the same 

as “assistance”?
A. Yes, sir.

By Judge Hutcheson:
Q. Is inducement the same as assistance?
A, I don’t think inducement is the same as assistance, 

unless the assistance induces.
Q. Now, going to Sub-Section (b)—I suppose the “in­

ducement” or “assistance” is a matter of semantics, but 
going to (b), is there anything in there to prohibit the 
representation of anyone by counsel provided his advice 
has been sought in accordance with the usual Canon of 
Ethics?

A. No, sir, nor actually in the preceding section, be­
cause you will note in the preceding section the last clause 
says: “This section shall not be construed to prohibit the 
constitutional right of regular employment of any attor­
ney at law,” and so on.

By Judge Soper:
Q. Just one other question, to go back to 33 again. 

Suppose a case of this kind: that a group of colored 
people, realizing they did not have what they thought they 
[fol. 533] should have in the way of education for their 
children, would get together and talk about it and say, 
“We ought to do something to secure our rights” ; it is 
obvious they might say, “We haven’t got the money, but 
a lot of us have been contributing and a lot of others 
have been contributing to the NAACP. Let’s call on them 
for help,” and they do call on the NAACP for help, and 
the organization investigates the complaint and finds out 
there is substance in it and says to this group, “We think 
your claim is meritorious and we will help you to pay 
iawyers’ expenses,” or, “We will pay all of the expenses, 
court expenses and the lawyers’ expenses” ; would it be 
a violation for a lawyer, knowing those facts, to accept 
the employment?



448

A. That I would not venture to answer, sir. I do not 
know whether that would he an inducement or not.

Q. I am not talking about 36 now.
A. I ’m sorry.
Q. I am talking about 33.
A. I was going to say, sir, unless it violated some other 

section-----
Q. Well, I ’m talking primarily about 33. I should have 

called that to your attention.
A. I’m afraid, sir, I will have to have the question 

repeated, because I had my mind centered on the other 
chapter.
[fol. 534] Q. Simply that a group of colored people who 
feel that their children are not receiving adequate edu­
cation get together and counsel together and realizing that 
there is this Association which has helped people in their 
situation by litigation or otherwise resolved to call on 
the NAACP for help, and they do. The NAACP investi­
gates, finds the cause is worthy, and tells them that they 
will finance it, and they do finance it and the lawyer 
accepts employment knowing those conditions. Has the 
lawyer violated Chapter 33?

A. Insofar as the solicitation aspect is concerned——
Q. No, not insofar—just forget insofar. Take what I 

said.
A. Yes, sir, but you have asked me about three questions 

in one.
Q. I withdraw it all. I gave you the picture of these 

people in the association that cannot pay it themselves 
and they call on the NAACP. The NAACP says, “We 
will finance you.” It does finance them and the lawyer 
knows that and accepts employment.

A. All right, sir. I would say he would be in violation 
of Chapter 36, sir.

Q. I  am asking you is he in violation of Chapter 33?
A. I would say not, sir.

[fol. 535] Q. What language in 36 would be violated by 
the supposed case?

A. The promise of services or money as the inducement 
for them to commence this action.

Judge Soper: Very well. Thank you, sir.



449

By Judge Hutcheson:
Q. What do you call an inducement? If there is a volun­

tary request of the organization for assistance originating 
with the group, not with the organization?

A. I would say, sir, an inducement is something which 
the case would not have begun unless it were available.

Q. Whether the request originated with the plaintiff or 
with the organization?

A. I don’t think that has anything to do with the Chap­
ter 36 which prohibits the giving of service and money 
and so forth as an inducement to somebody to commence 
an action.

Q. You think inducement and assistance are the same, 
mean the same?

A. Well, certainly assistance would be an inducement, 
yes.

By Judge Hoffman:
Q. Mr. Mann, under Chapter 32, Section 9, there are 

certain exemptions from the registration provision, one 
of which is in connection with anyone associated with 
[fol. 536] or participating in any manner relative to a 
political campaign. Does the statute define otherwise when 
a political campaign begins ? I can visualize when it would 
end, but when does it begin? Or is there another section 
of the Code perhaps that defines when it begins, which 
of course would clarify this.

A. There is a section of the pure election laws which 
indicates that a campaign begins at the time of the filing, 
final deadline for filing, for campaign.

Q. That would be your construction of that, then?
A. Yes, sir.

By Judge Soper:
Q. I notice also that in Chapter 32 there is the exception 

of television broadcasting means of communication as 
well as newspaper. A man can say anything he wants 
on a television and urge people to bring suits for segre­



450

gation or integration and he doesn’t have to register and 
he commits no offense; is that true?

A. Yes, sir, that is correct, as long, of course, as he 
doesn’t violate the criminal libel laws. There is no pro­
hibition on any free speech or the right of people to 
speak or anything else in that section, sir. As a matter 
of fact, it specifically exempted it. It wasn’t in the original 
bill, sir. It was written in the original bill. It was written 
in the original bill the provision that “nothing herein 
[fol. 537] shall apply to the right of the people peaceably 
to assemble and to petition the government for a redress 
of grievances,” and so forth. This Section 9, with many 
of its provisions, as I recall, was written directly out of 
Chapter 10 of the North Carolina Statutes about—I don’t 
know when they were passed, but quite some years ago, 
relating to the influencing of public opinion. That was not 
a lobbying statute, that was an influencing opinion statute.

By Judge Hoffman:
Q. But that applies and protects the newspapers, tele­

vision stations, radio stations, et cetera?
A. Yes, sir.
Q. Does it protect the individual who does the speak­

ing?
A. Yes, sir, I would say that it protects the individual, 

particularly in view of the proviso at the end of Section 2, 
the one which I just finished reading that is near the 
end of the paragraph on page 32, which reads: “and pro­
vided, further, that nothing herein shall apply to the 
right of the people peaceably to assemble and to petition 
the government for a redress of grievances, or to an indi­
vidual freely speaking or publishing on his own behalf in 
the expression of his opinion and engaging in no other 
activity subject to the provisions hereof and not acting in 
[fol. 538] concert with other persons.”

Judge Soper: Gentlemen, I am afraid that the Court 
has done too much cross-examination. We do not want 
to take the place of lawyers or cut them off. None of 
the lawyers look like they want to ask any questions, so 
shall we excuse this witness?



451

Mr. Robinson: If Your Honor please, we have only one 
other question.

Judge Soper: I will say for the satisfaction and con­
venience of counsel that when this witness is excused we 
will take a short recess.

Cross examination (Continued).

By Mr. Robinson:
Q. Mr. Mann, let me ask you this: Suppose a defendant 

in a capital case who has been convicted and has been 
sentenced to the death engages an attorney to take an 
appeal for him. The attorney utilizes the defendant’s 
financial resources as far as he can, but yet does not 
have a sufficient amount of money to get his printing costs 
on appeal taken care of. The attorney or the client ap­
peals to the NAACP for assistance, financial assistance, 
so that he can get enough money to pay for the printing 
of his record and his briefs in order that the appeal may 
be considered.
[fol. 539] Mr. Mays: We object, Your Honor. We do not 
see the relevancy.

Judge Soper: Let him answer.

By Mr. Robinson:
Q. (Continuing) What I want to ask you, Mr. Mann, 

in a situation of that sort, is there anything about either 
of these five laws that would prevent that attorney, if he 
accepted that money, from violating one of these laws?

A. Counsellor, he would not be in violation of any of 
these laws.

Q. He would not be in violation of Chapter 36 ?
A. That is right.
Q. And what is about Chapter 36 that would excuse 

him from violation?
A. In Section 6, you will find, on page 40, this state­

ment and exception: “nor shall this Act apply to suits 
involving rates or charges or service by common carriers 
or public utilities, nor shall this Act apply to criminal 
prosecutions.”



452

Q. Now, Mr. Mann, let me ask you about Chapter 35, 
the barratry statute. Wouldn’t there be a violation 
through the receipt by the attorney of that money in 
Chapter 35?

A. No, Counsellor, there would not be, for the same 
reason.
[fol. 540] Q. Would you feel that the last section of 
Chapter 35 would not be controlling in that respect and 
would render the attorney in violation of that chapter if 
he accepted that money?

A. I think I answered your question when I said that 
Chapter 35 would not be applicable.

Mr. Robinson: You don’t think it would be applicable. 
Thank you, sir.

Judge Soper: Are there any further questions?
Mr. Mays: That is all.
Judge Soper: Take a recess for a few minutes.
(A short recess was taken, after which the trial was 

resumed.)
[fol. 541] Mr. Gravatt: Call Mr. B. B. Rowe, please.

B. B. Rowe, called as a witness on behalf of the defen­
dant, being first duly sworn, testified as follows:

Direct examination.

By Mr. Gravatt:
Q. Will you state your name, age, residence, and occu­

pation, please, sir?
A. B. B. Rowe, forty-six years old, 343 56th Street, 

and I am General Manager of a savings and loan asso­
ciation in Newport News.

Q. Mr. Rowe, did you discharge any responsibility in 
connection with the appraisal of real estate for tax pur­
poses in the City of Newport News upon which appraisals 
the assessments and taxes on real estate are levied?

A. Yes, sir.



453

Q. What responsibilities did you have in that connec­
tion?

A. Well, I was chairman of a board of three assessors.
Q. Appointed by whom?
A. Appointed by the City Council of Newport News.
Q. Are the assessments for tax purposes in Newport 

News made upon the basis of the appraisal of that com­
mittee ?

A. Yes, sir.
[fol. 542] Q. Did you make certain investigations at my 
request in regard to the appraised value of real estate 
standing in the names of certain people residing in the 
City of Newport News?

A. Yes, sir.
Q. Do you have a memorandum showing the results 

of that investigation, sir?
A. Yes, sir, I  do.
Q. Did you examine real estate standing in the name of 

Alexander and Clara Belle Atkins?
A. Yes, sir.
Q. Will you state what real estate they owned and what 

its appraised value is?
Mr. Robinson: If Your Honor please, I want to object 

to that question and similar questions——
Judge Soper: Suppose we take it subject to exception.
Mr. Robinson: All right, sir. Am I to understand, if 

Your Honor please, that our objection and exception would 
stand with respect to all similar questions asked of this 
witness ?

Judge Soper: Yes, sir.
Is that satisfactory?
Mr. Gravatt: Yes, sir, entirely.

[fol. 543] A. Alexander and Clara Belle Atkins, prop­
erty located at 3212 Roanoke Avenue, designated as Lots 
38 and 39, Block 5-D—do you want that?

By Mr. Gravatt :
Q. Yes, sir, that is exactly what I want, and then I want 

you to give the appraised value.
A. The appraised value of that property is $10,675.



454

Q. Does that value, Mr. Rowe, represent the fair market 
value of the property as found by your board of ap­
praisers ?

A. Yes, sir, it does.
Q. Now, will you read the name of each of the persons 

owning the real estate and the appraised value of it as 
disclosed on your report, please, sir?

A. Yes, sir.
Q. So that we will not have to ask you about each 

one.
A. James "VV. and Chrystal C. Harris, property located 

at 613 33rd Street, designated as Lots 43, 44, and 45 in 
Block 211; the appraised value, $12,187.50.

Q. All right, sir. Take the next one.
A. All right. Jerry C. Fauntleroy, Jr., 3303 Roanoke 

Avenue. That is Lot 6 in Block 25-A, $6,200. He owns 
another piece in Lakeville, Part Lot 13 and Lot 14 in 
[fol. 544] Block 51, $1,437.50.

Ernest C. Downing and Norvalate I. Downing, property 
located at 551 25th Street, Lot 13 in Block 83, $9,100. 
These two pieces are owned by Ernest C. Downing: 1143 
29th Street, Lot 15 in Block 5-C, $4,600, and another 
piece in his name at 1229 27th Street, Lots 22 and 23 in 
Block 11-D, $17,162.50.

Lewis Thompson, 1802 Ivy Avenue, Lot 224 in Block 
12, $7,187.50. Another piece at 21st Street; that is part 
Lot 25 and 26 in Block 18, $3,087.50. Another piece, 624 
20th Street, Lot 48 in Block 50, $4,150.

David W. and Daisy L. Morris, property located at 
1818 Marshall Avenue, Lots 1 and 2 in Ridley Place, 
$16,212.50. They own another piece at 620 25th Street; 
that is Lots 46 and 47 in Block 67, $37,350.

Robert L. and Fannie L. Washington, 2505 Parrish 
Avenue, Lot 6 and one-half of Lot 5 in Block 45-C, $6,800.

Thomas W. Selden, 27th Street, Lot 45 in Block 105, 
$650. Another piece at 3100 Madison Avenue; that is part 
Lots 33, 34, and 35 and Lot 46 in Block 195, $20,925.

Percy L. and Patience Drake, 647 21st Street, Lot 14 
in Block 14, $4,112.50.

I have Reverend Alfred C. Littlejohn, property located 
at 845 25th Street, which is not taxable. That is church 
[fol. 545] property.



455

I have Mrs. Katherine R. Jones at 1253 44th Street, 
and the land book at our office does not indicate that she 
owns any real estate.

I have William J. and Louise S. Harley, 857 26th Street, 
Lots 9 and 107, $5,125.

Cecil B. and Marie E. Patterson, 615-17 Hampton Ave­
nue, part Lots 43 and 44 and Lots 29 and 30 in Block 13, 
$35 237 50

Davis and Mary Bradshaw, 828 31st Street, one-half of 
Lot 49 and 50 in Block 179, $6,525.

William and Vivian H. Miller, 753 31st Street, Lots 11 
and 12 in Block 195, $5,687.50.

Douglas C. and Gertrude Hampton, 731 31st Street, 
Lot 22% and 23 in Block 195, $4,750.

Robert and Mary Irene McDonald, 833 31st Street. 
That is Lot 21 in Block 195, $6,662.50.

James E. and Emily Manson, 3008 Marshall Avenue, 
Lots 37 and 38 in Block 179, $8,762.50. 3215 Roanoke 
Avenue, Lot 1 in Block 21 i-A, $9,012.50. 1023 36th
Street-----

Q. This is in the name of James E. Manson?
A. This is in the name of James E. Manson. That is 

Lots 4 and 7 in the Levinson Tract, $757.
Judge Soper: How much more of this is there?

[fol. 546] Mr. Gravatt: There are probably eight or ten 
more names, Judge—about ten more names.

Judge Soper: Well, it doesn’t mean anything to have 
him read them off, except to get them on the record.

Mr. Gravatt: That is all.
Judge Soper: I suggest that copies be given to counsel 

on the other side and that it be understood that what this 
paper shows is what this witness’ testimony would be.

Mr. Gravatt: I have done that, sir, during the recess 
and they asked that I proceed in this fashion.

Judge Soper: Well, I understand, but I am rather in­
clined to think, maybe, because it is near the end of the 
day, they have made a bad suggestion.

What is your suggestion about that?
Mr. Robinson: We will concur in the Court’s sugges­

tion.
Judge Soper: That will save time, and we don’t get any 

information by having him read it.



456

Mr. Gravatt: There is a great deal more on here than 
what he is reading.
[fol. 547] Mr. Hill: I was going to say, there is more 
on the paper than he is testifying to.

Judge Soper: What you want are the names-----
Mr. Gravatt: And the appraised value of the real es­

tate.
Judge Soper: That is what will go in, subject to the 

exception. The rest of it will not go in.
Mr. Gravatt: May I just hand this to the Reporter with 

that understanding?
Judge Soper: Yes, sir.
Mr. Gravatt: That is all for this witness, may it please 

the Court.
(The remainder of the list furnished by the witness to 

the Reporter was as follows:)
Georgia Coppedge, 857 31st Street, Lots 8, 9. and 10 

in Block 197, $6,425.
James 0. and Ida Walton, 852 31st Street, Lot 62 in 

Block 179, $6,250.
A. L. and Rosa C. Price, 3012 Marshall Avenue, Lots 

39 and 40 in Block 179, $12,725.
Matdora George, 816 27th Street, Lots 45 and 46 in 

Block 107, $6,512.50.
Curley and Nancy Williams, 1138 33rd Street, Lots 53 

and 54 in Block 5-D, $6,712.50.

[fol. 548] Cross examination.

By Mr. Robinson:
Q. The appraised values concerning which you have 

given testimony, Mr. Rowe, are the fee simple values 
of the real estate without taking into consideration any 
mortgages, deeds of trust, or other liens against the prop­
erty?

A. That is right.
Mr. Robinson: That is all.
Judge Soper: Thank you, sir.
Mr. Gravatt: May this witness be excused?
Mr. Robinson: So far as we are concerned.



457

Mr. Mays: If Your Honor please, I think we met our 
pledge of yesterday. I might say, sir, that we have one 
out-of-state witness coming in who we knew couldn’t get 
here and a second has failed to arrive as yet. I  wonder, 
as a sporting proposition, if Your Honors would permit 
us to put them both on with the understanding we would 
conclude in chief within an hour?

Judge Soper: That seems reasonable. Do you have 
anything in rebuttal?

Mr. Robinson: If the Court please, we do expect to have 
a small amount of rebuttal.
[fol. 549] Judge Soper: Would you like to use the little 
time now to do it or would you rather wait over?

Mr. Robinson: We are not prepared, if Your Honor 
please, to do it at this time. It so happens that we are 
in the same fix that Mr. Mays is. We don’t have the neces­
sary witnesses here either. We will have them here to­
morrow morning and I think I can assure the Court that 
we can get our rebuttal off, with a reasonable amount of 
cross-examination, within an hour.

Judge Soper: So far as the cross-examination has not 
been unreasonable in length. I do not want to characterize 
it otherwise.

Mr. Mays: We appreciate that very much, Your Honor.
Judge Soper: We will adjourn until tomorrow morning 

at nine thirty.
(Thereupon, an adjournment was taken until tomorrow, 

September 19, 1957, at 9:30 a. m.)

[fol. 550]
P l a i n t i f f s ’ S t a t e m e n t  i n  R e P u r p o s e  f o r  W h i c h  

N e w s p a p e r  A r t i c l e s  ( P l a i n t i f f s ’ E x h i b i t  5 )  A r e  O f f e r e d

The newspaper reports and editorials, marked for iden­
tification as Plaintiffs’ Exhibit 5.1-5.41 and offered herein 
(see appendix attached hereto), may be classified into broad 
categories as follows:

1. Those reporting hostility toward plaintiffs and per­
sons publicly identified with plaintiffs or the aims and ob­
jectives with which these organizations are identified (Plain­
tiffs’ Exhibits 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 
5.11, 5.13, 5.14, 5.15, 5.16, 0.17, 5.22, 5.26, o.27, 5.32, o.33.



458

2. Those reporting public opinion with reference to the 
specific statutes here involved and indicating a general im­
pression that these laws were designed to suppress plain­
tiffs’ activities (Plaintiffs’ Exhibits 5.11, 5.12, 5.18, 5.19, 
5.20, 5.21, 5.23, 5.24, 5.25, 5.28, 5.29, 5.30, 5.31, 5.32, 5.34, 
5.35, 5.36, 5.37, 5.38, 5.39, 5.40, 5.41).
_ Plaintiff NAACP alleges that Chapters 31-37, inclu­

sive, are “designated to destroy the plaintiff organization 
and insulate continued governmental enforced school segre­
gation against court attack by United States citizens of the 
state.” (Complaint, paragraph 7, page 12.*)

Plaintiff NAACP alleges that “to comply (with these 
[fob 551] statutes) . . .  in view of the present climate of 
opinion in the state, would expose its members and con­
tributors to harassment, abuse, and economic reprisals by 
those who disagree with plaintiff’s aim and would destroy 
the plaintiff organization.” (Complaint, paragraph 8, pages 
13-14.**)

It is also alleged that plaintiff “of necessity relies upon 
public support and contributions for its continued exist­
ence.” (Complaint, paragraph 11, page 16.f)

These articles and editorials demonstrate: (1) the pub­
lic’s understanding and opinion concerning the purpose of 
these statutes here under attack; (2) that there was general 
public discussion and controversy concerning the plaintiffs 
and racial issues with which they were identified, which 
tended to involve in disputes persons publicly identified 
with the plaintiff organizations, or with the aims and objec­
tives associated therewith, thereby subjecting those persons 
to criticism, threats or abuse by those opposed to their 
views; and/or (3) the public opinion and climate in Vir­
ginia with reference to plaintiff organizations, their aims 
and objectives.

Thus, plaintiffs submit that these newspaper reports and 
editorials are relevant and admissible as some evidence in 
support of the above-cited allegations of the complaint. 
See Justice Jackson’s concurring opinion in S heppard  v.

* Printed herein at page 10.
** Printed herein at pages 11-12. 

t Printed herein at page 13.



459

F lorida, 341 U. S. 50, 51; D avis  v. Schnell, 81 F. Supp. 872 
[fol.552] (S. I). Ala. 1949), aff’d, 336 U. S. 933; D udley v. 
B oard  o f Su p erv iso rs , 150 F. Supp. 900 (E. D. La. 1957).

APPENDIX

S u m m a r y  o f  P l a i n t i f f s ’ E x h i b i t  5

E xh ib it
No. N ew spaper  

5.1 Norfolk Journal 
and Guide

Issu e  and D escription  
Sept. 4, 1954, p. 1, col. 2, con’t p. 2, 
col. 5, “Homes Bombed Again.”

5.2 Sept. 25,1954, p. 1, col. 6, Coronado 
“Coronado Funster Sends Hearse 
for NAACP Head.”

5.3 June 25,1955, p. 1, col. 4, “Virginia 
Welcomes Hate Group,” con’t p. 2, 
col. 2.

5.4 August 6, 1955, p. 1, col. 3, “Veter­
an Gets Note from Klan,” con’t p. 
2, col. 2.

5.5 Sept. 17, 1955, p. 1, col. 2, “Hate 
Campaign Against NAACP Is In­
tensified,” con’t p. 2, col. 5.

5.6 June 2, 1956, p. 1, col. 5, “Burning 
Cross Doesn’t Scare Virginia 
Minister.”

5.7 June 9, 1956, p. 2, col. 1, “Citizens’ 
Council to be Organized in New­
port News.”

5.8 Aug. 4, 1956, p. 1, col. 7, “Racial 
Issue Regarded Cause of Cross 
Burning.”

5.9 Aug. 11, 1956, p. 1, col. 7, “Legality 
of Anti-Labor and NAACP Law 
Queried.”



460

[fol. 553]
E xh ib it

No. N ew spaper Issue  and D escrip tion
5.10 Norfolk Journal Sept. 1, 1956, p. 2, col. 4, “Cross 

and Guide Burns at Meeting.”
5.11 Sept. 8, 1956 (Virginia Edition),

p. 1, col. 6, con’t p. 2, col. 4, Pro­
fessional Race Baiters Head In­
tegration Defiance” ; p. 1, col. 8, 
“Mrs. Boyle Not Frightened by 
Mobsters” ; p. 1, col. 1, Editorial 
“Proposed Assembly V i r g i n i a  
Legislation A i m e d  at Local 
Group.”

5.12 Sept. 8, 1956 (Home Edition), p. 1,
col. 2, “Local Legislators Back 
Bill to Crush NAACP.”

5.13

5.14

5.15

Sept. 22, 1956, p. 1, col. 1, “Char­
lottesville Lawmaker, Senator Mc- 
Cue, Speaking,” (predicts economic 
reprisals against Negroes if in­
tegration starts).
Sept. 29, 1956, p. 1, col. 8, “Night- 
riders Hang Leader in Effigy.”
Oct. 6, 1956, p. 1, col. 3, con’t p. 2, 
col. 1, “Threat Fails to Frighten 
So. Norfolk NAACP Head.”

5.16

5.17

5.18 Alexandria
Gazette

Oct. 13, 1956, p. 1, col. 1, “Rich­
mond Chest Bows to Bias, Drops 
Urban League,” (League’s support 
of NAACP given as one of rea­
sons.)
Apr. 13, 1957, p. 1, col. 5, con’t p. 2, 
col. 5, “Terror Stalks Black Belt.”
Aug. 30, 1956, p. 1, col. 8, con’t p. 2, 
col. 5, “NAACP Controls Mapped.”



461

[fol. 554] 
E x h ib it

No. N ew spaper Issue  and D escription
5.19 Alexandria Sept. 8,1956, p. 3, col. 1, “Six Meas­

ures in Virginia Rap N AACP.”Gazette
5.20 Sept. 11,1956, p. 1, col. 8, con’t p. 2,

col. 5, “Public Hearings End on 
School Issue.”
(Proponent of laws here involved 
says their prior existence would 
have prevented present desegre­
gation problem.)

5.21 Sept. 22,1956, p. 1, col. 8, eon’t p. 2,
col. 4, “Assembly Winds Up Meet­
ing After Voting for Stanley Meas­
ures.” (Legislation has been en­
acted to investigate such organiza­
tions as NAACP, etc.)

5.22 The Lynchburg
News

5.23

5.24

5.25

Aug. 19, 1956, p. C-8, col. 3, “Citi­
zen’s C o u n c i l  Urges People’s 
School Strike.”
Sept. 21, 1956, p. 1, col. 7, “As­
sembly Applies Pressure to Wind 
Up Special Session.” (Reports 
passage by House of “ . . . six 
bills designed to curb such organi­
zations as NAACP in sponsoring 
racial litigation or influencing 
legislation or public opinion on 
racial matters.”)
Sept. 21, 1956, p. A-2, col. 4, “Sen­
ate Committee Okays Cut-Off 
Bill.” (Reference to anti-NAACP 
Laws.)
Sept, 22, 1956, p. 1, col. 3, “Thom­
son Bill Is Approved by Senate.” 
(So-called “NAACP Bill”—Pack­
age attacked by Sen. Haddock of 
Richmond as being aimed at the 
NAACP.)



462

[fol. 555]
E x h ib it

No. N ew spaper Issu e  and D escrip tion
5.26 The Yirginian- July 24, 1956, p. 1, col. 8, “Six

Pilot Whites Ask Integration in Arling­
ton.” (2 later seek permission to 
withdraw because of “foul and 
nasty” telephone calls.)

5.27 Aug. 7, 1956, p. 1, col. 6, con’t p. 8,
col. 2, “Anti-NAACP Laws Passed 
in Halifax.”
Aug. 28, 1956, p. 1, col. 8, “NAACP 
Curb Sought by Legislators.” 
(Gov. Stanley requested to submit 
legislation which would place strict 
controls on NAACP in Virginia. 
Bills would require NAACP to file 
lists of members.)
Sept. 5, 1956, p. 2, col. 4, “Bill 
Offered to Curb Racial Unrest Ac­
tivity.”
Sept. 19,1956, p. 1, col. 5, “NAACP 
Bill Reported Out by Committee.”
Sept. 21, 1956, p. 1, col. 6, con’t p. 
10, col. 3, “Anti-NAACP Package 
is Passed by House.”

5.32 Sept. 22,1956, p. 1, col. 5, con’t p. 9,
col. 6, “New Laws Aimed at 
NAACP Enacted Provide for In­
vestigation Committee” ; Editorial 
page, col. 2, “Unworthy of Virginia 
Tradition.” (Anti-NAACP laws 
criticized.)
Sept. 30, 1956, Sec. B, p. 1 , col. 4, 
“Southside Negro Tells of Threat.”

5.30

5.31

5.28

5.29

5.33



463

E xh ib it
No. N ew spaper  

5.34 Richmond 
Times- 

Dispatch

[fol. 556] 
5.35

5.36

5.37

5.38

5.39

5.40

5.41

Issue  and D escription  
Aug. 26, 1956, p. 1, col. 8, “One 
Hundred Bills Await Assembly.” 
(Fenwick to join Mann in sponsor­
ing legislation aimed at NAACP.) 
p. 1, col. 8, con’t p. 10, col. 5, “Byrd 
Bids State Fight Integration.”

Sept. 5, 1956, p. 1, col. 6, con’t p. 9, 
col. 1, “Stanley Aides Put Teeth in 
Fund Bill.” (Reference to intro­
duction of “six bills aimed at 
NAACP.”)
Sept. 6, 1956, p. 1, col. 6, con’t p. 8, 
col. 8, “Six Bills Aimed at Racial 
Group.”
Sept. 11, 1956, p. 1, col. 7, con’t p. 9, 
col. 1, “Six Measures to Restrict 
Racial Groups Argued.”
Sept. 18,1956, p. 2, col. 8, “NAACP 
Bills Face Action Here Today.”
Sept. 20, 1956, p. 2, col. 1, “Com­
mittee Approves Bill to Establish 
Unit to Probe Racial Groups.”
Sept. 21,1956, p. 1, col. 7, con’t p. 2, 
col. 1, “Senate Unit Votes Racial 
Group Bill.” Editorial Page, p. 14, 
col. 1, “Highly Dubious NAACP 
Bills Need Much More Analysis.”
Sept. 22,1956, p. 1, col. 7, con’t p. 3, 
col. 1, “Senate Votes for Group to 
Probe Racial Violations.” p. 1, col. 
5, con’t p. 2, col. 1, “Anti-Integra­
tion Course Is Chartered by As­
sembly.” Editorial page 10, col. 1, 
“NAACP Bills Still Bad.”



464

[fol. 557] September 19, 1957.
The court reconvened at 9 :30 a. m.
Appearances: As previously noted.
Mr. Wickham: Call Mr. Sherman.

J ulian A. Sherman, called as a witness on behalf of 
the defendants, being first duly sworn, testified as follows:

Direct examination.

By Mr. Wickham:
Q. Will you please state to the Court your name, address, 

and occupation?
A. Julian A. Sherman, Horseheads, New York; I am the 

Eastern Bepresentative of the Claims Besearch Bureau 
and it is a bureau of the Law Department of the Associa­
tion of American Bailroads.

Q. Will you outline generally the scope of your duties 
with the Association?

A. Under the direction of our National Director in Chi­
cago, I supervise the research program in fifteen or twenty 
eastern states, including Virginia, which deals with the 
problems that arise from personal injury claims against 
railroads; I personally participate in investigations of 
[fol. 558] claims; and I supervise the work of four investiga­
tors—

Judge Soper: Talk to the Court, please.
A. (Continuing) —who do most of the actual field in­

vestigations, and we do not participate in the adjustment 
of claims; that is the responsibility of the individual rail­
roads. We make our findings known to the interested 
officials in the railroad industry and when we discover 
violations of the law or of the legal Canons of Ethics we 
report our findings to the appropriate Commonwealth’s 
Attorney or Bar Association officials.

Q. Are you familiar with Chapters 31, 33, 35, and 36 
of the Acts of the Gleneral Assembly of Virginia, Extra 
Session 1956?



465

A. Yes, sir.
Q. Will you briefly discuss your familiarity with bar­

ratry, solicitation, and running and capping?
A. The solicitation of personal injury claims, and par­

ticularly those under the Federal Employers’ Liability Act, 
against railroads is very widespread. We have found a 
great deal of evidence in the entire fifteen-state area where 
we are working. The division of fees by attorneys with 
laymen and the offering of other financial inducements 
to them to solicit business is widespread. Barratry, com­
monly called “running and capping,” is indulged in by 
unethical attorneys and by a lot of laymen in their employ, 
[fob 559] In contacting prospective claimants, these run­
ners do their best to undermine the reputation of the 
railroads’ claim department representatives and they also 
indulge in criticism of ethical local attorneys so as to dis­
courage the claimants from employing them. They criticize 
the medical services offered by the railroads, and allege that 
if the claimant will employ the attorney that they are rec­
ommending, superior medical services will be provided. 
It is a commonplace practice for the runners to offer main­
tenance, including everything from bearing the cost of 
litigation on down to monthly living cost payments during 
the pendency of these cases if the recommended lawyer 
will be employed.

Q. Do the activities to which you refer exist in Virginia?
A. Yes. Our recent investigations have shown us that 

in at least seventeen cases, well authenticated with signed 
statements from the claimants, or past claimants, solicita­
tion has occurred throughout Virginia.

Q. Would the information required by Chapter 31 assist 
in the investigation of the activities to which you have 
reference?

A. Yes, sir.
Mr. Wickham: That is all.
Mr. Robinson: If Your Honors please, this is rather 

[fol. 560] basic new testimony. We move to strike it on the 
basis that it has no relevancy to the issues before the Court.

Judge Soper: You may argue that in your brief if you 
want to. I think we will take it subject to exceptions.

Mr. Robinson: We have no questions.



466

By Judge Hoffman:
Q. Mr. Sherman, with respect to your last answer, I 

would like to know in what degree the newly-enacted laws 
will materially assist you in bringing about a cessation of 
the common practice known as “ambulance chasing,” as 
against the present laws and Canon of Ethics that may 
exist in Virginia and through the Canons of Ethics of the 
profession at large throughout the country, if you could 
amplify that somewhat.

A. I think I should begin by informing the Court that 
I am not an attorney, nor am I familiar with all of the 
statutes in Virginia that may have some bearing on this 
subject. However, I think that Chapter 31, in particular, 
of the statutes that are now being inquired into would be 
very helpful to us in that it requires the disclosure of finan­
cial dealings, which would serve to provide a proof of the 
division of fees and of maintenance, which would, I think, 
enable more effective prosecution under other laws and 
[fol. 561] under the Canons of Ethics.

Judge Soper: All right.

J ohn P atterson, called as a witness on behalf of the 
defendants, being first duly sworn, testified as follows:

Direct examination.

By Mr. Hicks:
Q. Mr. Patterson, will you state your name, address, 

and occupation, please, sir?
A. John Patterson, Attorney General of Alabama, Mont­

gomery, Alabama.
Q. General Patterson, how long have you been Attorney 

General of Alabama?
A. Since January 18,1955.
Q. General, are you personally familiar with certain 

racial disturbances and disorders which have occurred in 
the State of Alabama during your term of office?

A. Yes, sir.



467

Q. Would you describe some of these disturbances, giving 
a brief background of the cause, names of groups or asso­
ciations participating, and places and dates ?

Mr. Robinson: If Your Honor please, we object to tes­
timony of that kind unless it is in some way going to be 
[fol. 562] connected with the issues before the Court. I fail 
to see how disturbances in Alabama are going to have any­
thing to do with the Virginia statutes which are involved 
here.

Mr. Hicks: Your Honor, we intend to show by this wit­
ness, who is chief legal officer of a sister state where there 
have been racial disturbances, as to how some of these dis­
turbances come about and how, in his opinion, statutes, 
especially such as Chapter 32, could have helped to prevent 
or alleviate some of those disturbances. It is for that pur­
pose that this testimony is offered. We feel he has had 
more experience and more knowledge than anyone else in 
the country.

Judge Soper: First, Mr. Attorney General, we do not 
want to cut off any information that will be of value to you 
or to the Court, but it must be right obvious that this line 
of testimony would be never-ending. You might go from 
Alabama to Arkansas and to all the other places where 
disturbances have occurred, if we are correctly informed 
by the newspapers. Bearing in mind that we think this
matter ought to be handled conservatively-----
[fol. 563] Mr. Hicks: Your Honor, as we told,you yester­
day, we thought this witness would take approximately 
thirty minutes on direct, and would be just a brief resume 
of his feeling as to how a registration statute could have 
helped.

Judge Soper: I think there should be some limit as to 
the details of the occurrences in other states, which are 
offered only for purposes of illustration. Certainly, they 
have no direct pertinency to the situation in Virginia. The 
Attorney General is an experienced man in court and I 
think he will know how to curb his testimony, as well as 
you will know how to curb your questions. We will take it.



468

By Mr. Hicks:
Q. General Patterson, would you discuss a few of the 

major disturbances to which you refer in the State of 
Alabama ?

A. Our trouble in Alabama, I think, began around Feb­
ruary 6, 1956, in the Autherine Lucy incident at the Uni­
versity of Alabama, which is well known to the plaintiffs 
in this case, and, as the Court knows, the federal court 
ordered Autherine Lucy, a Negro student, to be enrolled 
[fol. 564] at the University of Alabama, and shortly after 
she arrived, there was a riot of about 30,000 people, of 
stone-throwing, and disorders of that nature. The local 
police had to intervene and take certain measures to main­
tain law and order and the student, Autherine Lucy, had 
to be withdrawn from the school for her own safety.

In this melee or riot at the University a good many out­
siders were involved, stirring up the trouble, who were 
not students. It is a well known fact, due to this outside 
influence by people who were not students stirring up the 
disorder there, it made it very difficult for the law enforce­
ment agencies to maintain order at the University.

Going on from that incident to another, shortly there­
after, Nat King Cole, the Negro singer, was singing in 
Birmingham, Alabama and was pulled from the stage and 
assaulted by several white men. Now, we have some infor­
mation and some evidence which would indicate that these 
individuals who assaulted this man belonged to a splinter 
organization of the Ku Klux Klan. These men that did 
this were tried and convicted for it.

Subsequent to that, we had a series of disturbances in 
Montgomery, Alabama, arising out of the so-called “Mont­
gomery bus boycott situation,” in which dynamite was 
thrown at some churches and buses were fired on at night 
[fol. 565] with pistols and rifles, and, as a result of these 
incidents and as a result of some very fine police work on 
the part of the City Police of Montgomery, several men 
were arrested for these dynamiting incidents and I think 
in one or two cases confessions were obtained, and there 
is strong evidence that these individuals involved in those 
Montgomery instances were members of a splinter group 
of the Klan.



469

Now, recently, we have had a number of outbreaks which 
I think possibly can be attributed to stepped-up activity 
due to the fall term of school beginning in Alabama.

On the 9th of August, ’57, about 35 carloads of men, 
dressed in white robes and hoods, came into the Town of 
Maplesville, Alabama, which is in a rural area, a town of 
about 7 or 800 people, and proceeded to parade, and five 
or six Negroes were whipped by men wearing robes and 
hoods. During this incident no one identified anybody, no 
one obtained a license number of an automobile. In Alabama 
each county has a prefix to its tag and if you get the prefix 
of the tag you can tell what county the automobile is from, 
but you cannot identify the car unless you get the rest of 
the number. The people there, of course, identified a num­
ber of prefixes to the tags and the tags came from three 
surrounding counties. We sent men in from the Attorney 
[fol. 566] General’s office and also from the Department of 
Public Safety to work with the local authorities, and we 
have not yet been able to uncover one bit of evidence as to 
who did that.

Now, I think that if we had such a registration law, which 
would require the registration of-----
[fol. 567] Q. Let me interrupt you there, General. Are 
you familiar with Chapter 32 of the Acts of the Special 
Assembly of 1956?

A. Yes, I am.
Q. When you refer to the registration statute, are you 

referring to that statute or some other?
A. I am referring to the Virginia Statute, Chapter 32. 

If we had such a statute in Alabama—we don’t have, I 
wish we did but if we had one, that would require the 
registration of such organizations as the Klan or other 
type of organizations, then we would at least have a place 
to start in trying to find out who was committing these 
acts and incidents. Certainly if we know the three counties 
the cars came from and we had organizations registered 
in those counties, we would at least have a place to start. 
We can’t anticipate where these things are going to happen.

On the 29th of August, 1957, we had an incident at 
Marion, Alabama, in which white men robed with hoods 
came to a Negro’s house and tried to get to come outside



470

and lie ran out the back and he shot into the crowd with a 
shotgun and we believe that one of the men was hit in the 
arm. A man shows up later that night at the local hospital 
for treatment with a very bad shotgun wound in the arm. 
Of course, he would not talk. The only evidence to indicate 
■—that is, evidence that you could go to court with to indi- 
[fol. 568] cate that he was in the group at the Negro’s house 
is the fact that someone was shot out there that night and 
then he shows up with a wound on the same night.

Again, I point out if we had such a registration law it 
would be very helpful to the law enforcement agencies. 
In the Marion case here we would have some place to start. 
Certainly we might be able to tie this man in with a Klan 
organization.

We had a situation in Alabama in Tuskegee where the 
Tuskegee Civic Association, a Negro organization which 
is sort of carrying on the activities that the NAACP used 
to carry on there before they were enjoined. This organ­
ization has been conducting now since the 25th of June 
of this year a boycott of the white merchants of the city. 
We have strong evidence that the members of this organiza­
tion, in addition to persuading people not to trade at certain 
places, have been going out and actually intimidating and 
threatening and coercing people to prevent them from trad­
ing with the white merchants of that city. We went in there 
to try to enforce the Alabama Anti-boyott Statute against 
this organization; they refused to cooperate with us. In 
questioning the officers of the organization they refused to 
even give their names. They refused to disclose their 
records to us, and we had to dig out this thing the hard 
way and it was very difficult to enforce the Alabama crim- 
[fol. 569] inal laws in this case because we didn’t know who 
the organization was and what they were doing. Such a 
registration law as Chapter 32 of the Virginia Statutes of 
1956 would certainly be helpful to the State in cases of that 
sort in aiding us to enforce the criminal laws.

Coming on down, just this month we had a Negro min­
ister by the name of Shuttlesworth in Birmingham who 
came down to the local high school and brought his daughter 
to enroll her. He was met by a large group of white men, 
not students, but grown men, who beat him up there in



471

front of the high school. Several men have been arrested 
there and their cases are now pending. I again point out, 
if we could identify these men who are hanging around 
places like the schools and could tie them in with organ­
izations that are involved in race relations of one sort or 
another, it would certainly aid us in finding out what is 
going on before the trouble happens and assist us in taking 
some sort of preventive measures to prevent these inci­
dents from happening before they do.

We also had a case recently where several white men 
seized a Negro. They were dressed in white robes and 
hoods and they castrated him. A very bad thing. These 
men are now under arrest and confined in jail in Birming­
ham awaiting trial. This group of men-----

By Judge Soper:
[fob 570] Q. Are you suggesting that these gentlemen 
might have registered before they committed this attempt?

A. The situation that we are faced with, Your Honor, 
where the whole State is just seething with racial discord 
and strife, we must do-----

Judge Soper: Go on with the next incident.
A. These people that were involved in that case—that 

were involved in that castration ease belonged to a splinter 
organization which is some sort of a Klan organization. 
Of course, they are not incorporated, they are just a group 
of irresponsible individuals who got together and called 
themselves by some fancy name.

That is the general picture of the type of trouble that 
we are having. The local authorities have been able to 
handle it so far in Alabama with assists from the Attorney 
General’s office and the State investigators to assist them 
in running down leads and things. So far, we haven’t had 
anything of such a nature that the local authorities couldn’t 
handle it. But I hasten to point out that if we had such a 
registration law which would require the registration of all 
organizations dealing in this type of thing, which is calcu­
lated and which we can expect to cause racial trouble, then 
it would help the authorities to enforce the law, catch the



472

offenders, and possibly help us to identify organizations 
[fol, 571] that are working in certain areas so that we 
could take preventative measures to prevent the things 
from happening before they do.

Judge Soper: I think we get your position. What is the 
next question!

By Mr. Hicks:
Q. General Patterson, just one or two other questions. 

One thing you mentioned about a couple of times was the 
splinter groups of the Ivlan. Do you feel a registration 
statute of organizations might help as control of such 
groups as that?

Judge Soper: He has already answered that.
A. I would like to add one thing there to that, which I 

think, if I may. If you had an organization registered 
and then you observed a breaking up of the organization, 
it might indicate something going to happen. If the or­
ganization tends to break up, you might be able to follow 
the splinters down and get the more radical elements of it. 
That has been my experience with them.

Mr. Plicks: I have no further questions.

Cross examination.

By Mr. Robinson:
Q. General Patterson, just a few questions. Didn’t you 

make a statement just before you left Alabama to come 
here to attend this trial that you were glad to lend a hand 
[fol. 572] in the tight against the NAACP? Did you make 
such a statement?

A. Yes, I did.
Q. Isn’t it also true, General, that you filed a suit in 

Alabama against the NAACP and in that suit you demanded 
that the NAACP produce its membership lists? Isn’t that 
also a fact?

A. That is right.



473

Q. Have you filed such a suit against the Klan in Ala­
bama?

A. No, I haven’t.
Q. General, are you familiar with the fact that during 

the year 1951, in consequence of a deeree of a Federal 
Court, a Negro student was admitted to the University of 
Virginia? Do you know about that?

Judge Hoffman: University of Virginia?
Mr. Robinson: University of Virginia.
A. I was in Europe in the Army in 1951 and I am not 

familiar with that case.

By Mr. Robinson:
Q. You do not know anything about that or of the fact 

that he was admitted without incident and Negroes are 
attending that institution without incident? You don’t 
know anything about those circumstances up here, do you?

A. Well, I am aware of the fact that Negro students 
[fol. 573] go to the higher institutions in this State.

Q. Have you ever heard of any trouble attendant upon 
their attendance at institutions of higher learning in Vir­
ginia?

A. I believe I have.
Q. All right. What did you hear?
A. Well, of course I don’t recall any specific instance, 

but I believe I have heard people comment on the fact that 
the integration in Virginia hasn’t been without incident,

Q. At the higher levels of education?
Judge Soper: I think it is useless to get this gentleman 

to tell what he thinks he heard. It is not adding anything 
to our information.

By Mr. Robinson:
Q. General, are you aware of the fact that in Richmond 

and other areas of the State Negroes are now permitted 
to travel on intrastate buses without being segregated? 
Are you aware of that?



474

A. Well, I haven’t been on the buses in Richmond, I 
don’t know. I know what the situation is in Alabama in 
regard to buses.

Q. Do you know anything about the Virginia situation 
at all in the field of racial desegregation since the year 
19501
[fob 574] A. Yes, I am familiar with the cases concern­
ing the schools. I am familiar with the cases now going- 
on in Virginia concerning the schools.

Q. You mean just the case law? That is all you know 
about it, isn’t that so?

A. And what I read.
Mr. Robinson: That is all.
Mr. Mays: If Your Honors please, that is our case ex­

cept to remind you that we did reserve in the pretrial 
conference the right to call rebuttal testimony in the event 
certain evidence was offered as to economic reprisals. I 
am very hopeful that before the day is over we can reach 
stipulations on that so we will not have to ask for witnesses 
to come back. But I do call that to your attention. Sub­
ject to that, we rest.

[fol. 575] Rebuttal

Mr. Robinson: Call Mr. Otis Scott. If Your Honor 
please, this was a witness who was brought here to testify 
today, has not been previously in attendance on this trial. 
There was also another witness brought here for the same 
purpose. Without our knowledge, they have been seated in 
the courtroom during the proceedings this morning.

Judge Soper: Well, I guess it doesn’t do the defendants 
any harm for them to have heard their testimony. How­
ever, if there are any other witnesses whom you desire to 
call, I think that in accordance with the rule they should 
be asked to wait outside. That was our suggestion at the 
beginning.

Mr. Robinson: I will ask Mrs. Neal and also Mr. Martin 
if he is in the courtroom to step outside.



475

Otis Scott, called as a witness by the plaintiffs, and 
being first duly sworn, testified in rebuttal as follows:

Direct examination.

By Mr. Robinson:
Q. Will you state your name!
A. Otis 'Scott.

[fol. 576] Q. Can you speak up, Mr. Scott!
A. Otis Scott.
Q. Where do you live, Mr. Scott?
A. My address is Pamplin, Virginia. I live near Pros­

pect. My address is Pamplin, Virginia.
Q. In what county is your place of residence?
A. Prince Edward County.
Q. Did you have any connection with the suit that was 

filed in 1951 involving the public schools of Prince Edward 
County?

A. I did.
Q. What was your connection with that suit?
A. Well, I had children attending the R. R. Morton 

School.
Q. Would you name those children?
A. It was John Scott and Walter Scott.
Q. Go right ahead, Mr. Scott.
A. And Calvin Scott. Those are the three that are at­

tending at that time.
Q. Are you familiar with a student strike that occurred 

at the R. R. Morton High School?
A. I am.
Q. Do you know whether or not your children participated 

in that strike?
A. They did.

[fol. 577] Q. What in consequence of the developments in 
Prince Edward County did you do in connection with the 
school situation?

Mr. Mays: Your Honors, I do not want to interrupt 
needlessly j but as far as I can see this is not rebuttal testi­
mony. It seems to me to be evidence in chief. I object.

Mr. Robinson: If the Court please, I would like to state 
for the information of the Court and opposing counsel that



476

the testimony of this witness is being introduced in re­
buttal to the other evidence that was offered on yesterday 
morning by the defendants as to how counsel got to be en­
gaged in this situation and what counsel were authorized 
to do, and that type of thing. The questions that I have 
been asking this witness were simply to lay the foundation 
for questioning in that regard.

Judge Soper: There were certain witnesses for the de­
fendants who testified yesterday, the ones who signed the 
paper and said they didn’t know what they signed, that 
they didn’t know that their lawyers were to bring suit for 
purposes of integration.

[fol. 578] By Mr. Robinson:
Q. (Continuing) Mr. Scott, removing some of the detail, 

let me ask you th is: Did you attend any meetings that were 
held in Farmville during the time that the children were 
out on strike? Did you attend any such meetings?

A. I did.
Q. Do you recall just what meetings you did attend?
A. I remember attending a meeting one night, I don’t 

know what night it was.
Q. Do you remember where the meeting was held?
A. The meeting was at the First Baptist Church.
Q. Do you remember whether anything was said at this 

meeting about what was going to be done about the school 
situation?

A. I remember that we as patrons wanted the advice of 
a lawyer.

Q. Did you seek the advice of attorneys?
A. We did.
Q. Go right ahead, Mr. Scott.
A. We sought the advice of attorneys on the schools.
Q. Did the attorneys give you advice concerning the 

school situation?
A. They did.
Q. Do you remember what that advice was?

[fol. 579] A. Their advice was they wouldn’t take the 
case up for segregated schools. If they taken the case at 
all it would be on a non-segregated basis.



477

Q. Did you execute a paper authorizing attorneys to 
take action in behalf of your school children?

A. I  did.
Q. Did you understand the purpose of the activity in 

Prince Edward County to be what you have just stated 
here?

A. I did.
Q. Did you ever change your mind with respect to what 

you wanted for your children?
A. I have not.
Q. Have you had an occasion to talk to the attorneys 

handling that situation since the meetings that were held 
during the week of the school strike?

A. I have.
Q. Will you state whether or not from time to time you 

have received communications from these attorneys re­
questing that you participate in conferences with them 
about the case?

A. Well, I can’t recall the dates, but I  have had that 
kind of communication from them.

Mr. Robinson: I think that is all.
Mr. Mays: No questions.

[fol. 580] Mr. Robinson: I would first like to have Mrs. 
Viola Neal.

Viola Neal, called as a witness by the plaintiffs, being 
first duly sworn, testified in rebuttal as follows:

Direct examination.

By Mr. Robinson:
Q. Will you state your name?
A. Mrs. Viola Neal.
Q. Where do you reside, Mrs. Neal?
A. G-reen Bay, Virginia.
Q. In what county is Green Bay?
A. Prince Edward.
Q. Were you a plaintiff in the suit-----
A. I was.
Q. Just a minute, —in the suit that was brought affect­

ing the schools of Prince Edward County?



478

A. That’s right.
Q. Did you have any children attending the R. R. Mor­

ton High School during the year 1951?
A. Yes, I did.
Q. Will you give us the names of those children?
A. Lee Emmett Neal and Katherine Grace Neal.
Q. Will you state whether or not you had occasion 

[fol. 581] to seek legal advice and assistance in connection 
with that school situation?

A. Pardon me?
Q. Did you have an occasion to seek or ask for legal 

advice or representation in connection with that school 
situation?

A. That’s right.
Q. Did you have an occasion to sign any paper of any 

sort authorizing attorneys to take action in your behalf?
A. Yes, I did.
Q. Will you state for the information of the Court what 

you understood these attorneys were supposed to do for 
your children and yourself?

A. I understood that they were supposed to seek this 
in the best of their knowledge for the welfare of my chil­
dren.

Q. Did you have an occasion to attend any meetings 
of a public character held during the time the students 
were out on strike from the Morton School?

A. Yes.
Q. Was there any discussion at this meeting as to what 

the activities engaged in by the attorneys would be? Was 
there anything said about what the attorneys proposed 
to do about this situation?
[fol. 582] A. Why, yes.

Q. Will you state for our information just what you 
recall in that connection?

A. They was supposed to represent us in the best of 
their knowledge.

Q. Was anything said about actively seeking an end 
to race segregation in Prince Edward County?

A. That’s right.
Q. Did you have any misunderstanding on that score 

yourself?



479

A. No, I didn’t.
Q. Do yon recall where the meetings to which you 

referred occurred?
A. Well, some of them were held in the basement of 

the First Baptist Church and in the Methodist Church, 
I believe.

Q. Any other place that you can remember?
A. One of them was held in the auditorium of the old 

high school.
Q. Do you recall whether or not you attended a meeting 

held in the auditorium of the First Baptist Church?
A. That’s right, yes, I do.
Mr. Robinson: That is all.

[fol. 583] Cross examination.

By Mr. Gravatt:
Q. Viola, do you know the date on which you signed 

any authority for attorneys in the case?
A. Well, I really can’t recall the date.
Mr. Gravatt: Did you examine this witness with respect 

to the authority?
Mr. Robinson: I asked her whether she did or not.
Mr. Gravatt: May I see it?
Mr. Robinson: I have the original if you would like to 

see it.

By Mr. Gravatt:
Q. The authorization is dated the 26th day of April. 

I believe that the strike that took place in Farmville began 
on the 23rd day of April; is that correct?

A. I think that is correct.
Q. Had you talked with Mr. Spottswood Robinson or 

Mr. Oliver Hill between the 23rd of April arid the 26tli 
of April?

A. No.
Q. Had you been to any meetings other than the meeting 

at the school? Had you been to any meetings at which 
any attorney was present before the 26th day of April?



480

A, No, I don’t think so.
[fol. 584] Q. So that this paper was signed before you 
ever had any conference with Mr. Hill or Mr. Robinson!

A. Oh, yes.
Q. Have you ever talked, since the 26th of April, per­

sonally with Mr. Robinson or Mr. Hill about the litigation 
that you were in!

A. Yes.
Q. When!
A. I just can’t recall the date.
Q. Recently or in the past!
A. Recently.
Q. Since this suit was instituted!
A. Yes.
Q. And they had not discussed with you anything about 

that litigation until they got ready to prepare you to 
testify in this case, had they!

A. How’s that!
Q. They had not discussed anything with you about the 

Prince Edward litigation until they came to you with 
regard to testifying in this case; is that correct!

A. No.
Mr. Gravatt: That is all.

[fol. 585] Redirect examination.

By Mr. Robinson:
Q. Mrs. Neal, you made reference to a meeting that was 

held at the high school?
A. Yes.
Q. Was that meeting held during the first week that 

the children were out on strike?
A. Well, to be frank with you, I can’t recall whether 

that was the first or not.
Q. You mentioned a meeting that was held in the base­

ment of the First Baptist Church.
A. That is right.
Q. Do you remember about how long that meeting was 

from the meeting that was held at the high school?
A. No, I don’t remember.



481

Q. Was it a long time or was it a short time? Do you 
remember ?

A. It wasn’t a long time.
Q. I beg your pardon?
A. It wasn’t.
Q. You also mentioned a meeting that was held in the 

auditorium of the First Baptist Church; was that meeting 
held a long time or a short time after the meeting that 
was held at the school?

A. Well, it wasn’t long.
[fol. 586] Q. Do you know Mr. Oliver W. Hill?

A. Yes.
Q. Do you know my name?
A. Yes.
Q. Did you have an occasion to talk to us? Did we 

have an occasion to discuss the matter of the suit with 
you and other parents at the meeting that was held in the 
basement of the First Baptist Church?

A. Yes.
Q. Did we have an occasion to discuss the suit at the 

meeting that was held in the auditorium of the First 
Baptist Church?

Mr. Mays: If Your Honors please, this may save time, 
but it is leading. The last few questions have been leading 
and I hope he won’t continue to lead.

Mr. Bobinson: I will try not, Mr. Mays, but I have to 
ask the questions.

By Mr. Bobinson:
Q. (Continuing) You attended the meeting in the audi­

torium of the First Baptist Church?
A. Yes, I did.
Q. Did Mr. Hill and I have anything to do with the 

discussions that occurred at that particular meeting?
A. No.

[fol. 587] Q. In the auditorium of the First Baptist 
Church?

A. At this meeting?
Q. Yes.
A. Yes.



482

Q. Have you had occasion to talk to Mr. Hill and to me 
since these meetings to which you have just testified?

A. Yes, I have.
Q. About how many times would you say, Mrs. Neal?
A. About three times, I imagine.
Q. One final question. Will you state whether or not 

the meeting at the school, the meeting in the basement 
of the First Baptist Church, the meeting in the auditorium 
of the First Baptist Church—did those meetings occur 
before or after the suit against the school authorities was 
filed?

A. Afterwards.
Q. After the suit was filed?
A. What meeting are you speaking of? Let me get an 

understanding now. Wait a minute.
Q. The meeting at the Morton High School, the meeting 

in the basement of the First Baptist Church, the meeting 
in the auditorium of the First Baptist Church—had any 
suit been filed against-----

Judge Soper: Excuse me, Mr. Robinson. It is quite 
unlikely that this woman herself would know when any 
[fol. 588] suit was filed in court, I would assume. In other 
words, I do not think in your questions you ought to assume 
that she knows that date.

By Mr. Robinson:
Q. Without undertaking to say the date, do you re­

member when the suit was filed?
A. Well, to be frank with you, I can’t remember those 

dates. There are so many dates mixed up here together 
and I wmuld like to tell the truth about it.

Q. Let me ask you this. Do you remember whether or 
not when these three meetings were held the children were 
still out on strike?

A. That’s right.
Mr. Robinson: That is all.
Judge Soper: That is all. Thank you.



483

[fol. 589] George P. Moeton, called as a witness on behalf 
of the plaintiffs in rebuttal, being first duly sworn, testified 
as follows:

Direct examination.

By Mr. Hill:
Q. Will you state your full name and address to the 

Court, please?
A. George P. Morton is my full name.
Judge Hoffman: You will have to raise your voice.
Mr. Hill: You will have to raise your voice. These 

judges have to hear.
A. (Continuing) My full name is George P. Morton, my 

address is Cullen, Virginia.
Q. What is your wife’s name, Mr. Morton?
A. My wife’s name is Emma H. Morton.
Q. In 1951, did you have any children attending the 

R. R. Morton High School in Farmville?
A. Yes, sir, two.
Q. Do you still have any children attending the Morton 

High School?
A. Yes, sir.
Q. Directing your attention to the latter part of April 

1951, do you remember whether or not the children at the 
high school went out on strike?
[fol. 590] A. Yes, sir.

Q. As a result of their being out on strike, did you at­
tend certain meetings in Farmville?

A. Yes, sir.
Q. Can you tell us where those meetings were held?
A. They were held in the church and the sehoolhouse.
Q. Talk louder. The judges can’t hear you.
A. One in the church and one in the sehoolhouse.

By Judge Soper:
Q. One in the church and one in the sehoolhouse?
A. Yes, sir.
Judge Soper: All right.



484

By Mr. Hill:
Q. Were more than one held in the churches!
A. Yes, sir.
Q. Did you attend a meeting at the First Baptist Church, 

pursuant to a notice for attending that meeting, in which 
two meetings were held, one in the basement of the church 
and one in the auditorium of the church on the same night!

Mr. Mays: If Your Honor please, I think we are con­
tinuing to lead. We are willing to have a certain amount 
of it, and I realize Mr. Hill has been sworn when he testi- 
[fol. 591] tied, but we would rather have him testify from the 
chair than testify when interrogating the witness.

Mr. Hill: Okay, Mr. Mays.

By Mr. Hill:
Q. At this meeting which you say you attended in the 

basement of the church, who attended that meeting—just 
some of the people, not everybody!

A. Just the school children and parents.

By Judge Soper:
Q. Did you say the school children and their parents!
Mr. H ill: Yes, sir, that is what he said.

By Mr. Hill:
Q. Was there anyone there other than the children and 

their parents! If so, who were they!
A. Some more came in, but they were ordered out.
Q. And who ordered the other people out, other than the 

parents and the children!
A. The lawyers ordered them out.
Q. And who were the lawyers!
A. Mr. Robinson and Mr. Hill.
Q. Now, what was discussed with you at that meeting 

with just the parents and the children!
A. Well, what was discussed, the children had been on a 

strike and now they wanted a suit—wanted to bring a suit, 
or something, to protect them in the strike. They wanted 
to bring a suit, said they were tired of the school-----



485

[fol. 592] Q. Talk louder. I can’t hear you.
A. They didn’t have room enough. When they changed 

classes, they had to go out in the rain or snow whenever it 
would be falling—they had to go in it.

Q. That was the complaint the children made; is that cor­
rect?

A. Yes, sir. So, now they want better schools and they 
said, to get better schools they would have to have a non- 
segregated school, and then they would have equal facilities.

Q. Who told you that to get better schools they would 
have to have non-segregated schools?

A. Well, that was for the advice of the lawyers, to find 
out what was best to do, and the parents then decided to 
employ lawyers, to put it in the lawyers’ hands and work it 
out in the way they saw fit.

Q. Is it correct to say that what you have said is that at 
this meeting with the parents-----

Mr. Mays: Don’t lead him.
Mr. Hill: He mumbles so, I want to be sure the Court 

understands what he says.
Mr. Gravatt: Well, let him say it, not you.
Mr. Hill: Will you read the last question and answer? 

[fol. 593] (The preceding question and answer were read 
by the Reporter.)

By Mr. Hill:
Q. That was at the meeting from which everybody was ex­

cluded except the parents and the children. After that meet­
ing, did you subsequently go upstairs to the auditorium of 
the First Baptist Church?

A. Yes, sir.
Q. Did all the people go up there?
A. Yes, sir.
Q. What was discussed at this meeting upstairs at the 

First Baptist Church, the second meeting, that same night? 
Talk loud. The judges have got to hear you. They have 
got to decide this.

A. They discussed that they would have to bring a suit 
to get a non-segregated school—a better school and less 
trouble.



486

Q. That was discussed at this other meeting?
A. Yes, sir.
Q. Let me ask you this: It was in the newspapers that a 

suit had been filed?
A. Yes, sir, after it was filed.
Q. Since the suit was filed, have you talked with your 

lawyers ?
[fol. 594] A. Yes, sir, I have talked with them.

Q. On how many occasions have you talked with the law­
yers since the suit was filed, just to your best recollection? 
Just the number, not the occasions.

A. Two or three different times.
Q. Two or three different times. Have you received a 

notice from the lawyers to appear at a meeting?
A. Yes, sir.
Q. When you received that notice, did you attend the 

meeting ?
A. Yes, sir.
Q. Were the other parents of school children in Prince 

Edward County present at that meeting?
A. Several of them was there.
Q. At these meetings, did the lawyers discuss the case 

with you?
A. Yes, sir.
Q. Was your child one of the intervenors in this case?
A. Yes, sir.
Q. Did you attend a meeting with the lawyers so they 

could ascertain that information?
A. Yes, sir.
Q. Let me ask you this: You say your wife’s name is 

Emma H. Morton? Is that correct?
[fol. 595] A. Yes, sir.

Q. I show you this and ask you if you can recognize whose 
name is signed to it?

A. It is her name, Emma H. Morton.
Q. That is your wife’s name?
A. Yes, sir.
Q. You recognize her signature?
A. Yes, sir.
Q. What are the names of the children there in school?
A. One is named George.



487

Q. Is that the one that was in school at the time of this 
strike ?

A, Yes, sir.
Mr. Hill: That is all. Wait a minute. These gentlemen 

may want to ask you some further questions.
Mr. Gravatt: Let me see that paper you have just shown 

the witness, Mr. Hill, please, sir.
(A paper was handed to counsel.)

[fol. 596] Cross examination.

By Mr. Gravatt:
Q. What is your name?
A. My name?
Q. Yes.
A. George P. Morton.
Q. This paper is dated the 26th day of April and it is 

signed by your wife. Did you ever sign any paper?
A. No, I didn’t sign it; she signed it.
Q. Were you in the suit at all?
A. Yes, sir.
Q. Were you named in the suit as a party to the suit?
A. I was a parent.
Q. Sir?
A. I was a parent of the child.
Q. You were the grandparent, weren’t you?
A. Yes, sir.
Q. You were not the parent of the child, you were the 

grandparent?
A. Yes, sir; so was my wife.
Q. And wasn’t your wife the party who employed the 

attorneys? You did not employ attorneys? You were not in 
the case, were you?

A. All the parents were there.
[fol. 597] Q. You think you were a plaintiff?

A. Yes, sir, I thought so.
Q. These meetings that you referred to, in the church, 

when everybody but the parents and the children were ex­
cluded, who called that meeting? Was that meeting called



488

by the Reverend Griffin? Did yon get a letter from him 
notifying yon to be at that meeting?

A. I got a notice. The children brought the message back 
from school.

Judge Soper: I can’t hear a word he says.
Mr. Hill: Speak up so the judge can hear you.
A. (Continuing) I say, the children from school brought 

the message that the meeting was going to be, and some­
times we got notice to come to a meeting.

By Mr. Gravatt:
Q. Sometimes you got notice from Reverend Griffin?
A. From somebody.
Q. And the meeting was held in his church?
A. Yes, sir.
Q. What position does Reverend Griffin hold in the 

NAACP Branch in Prince Edward County?
A. I  don’t know just exactly.
Q. He is one of the big officials, isn’t he?
A. Yes, sir.
Q. That meeting you refer to, do you know when that 

[fol. 598] meeting was held? How long after the strike was 
begun?

A. It wasn’t very long after the strike.
Q. Was it a week?
A. It seems like it was less time than a week.
Q. You think it was less time than a week?
A. Yes, sir.
Q. Wasn’t the meeting held on the first day of May?
A. It was held shortly after the strike.
Q. Shortly after the strike?
A. Yes, sir.
Q. You didn’t sign any paper? Your wife signed it?
A. Yes, sir.
Q. And you don’t know what conversations were had or 

what your wife understood about this suit?
A. They said to sign the paper to put the suit in for the 

child.
Q. For better schools?
A. Yes.



489

Q. Is that what you all were talking about?
A. They said for non-segregated schools.
Q. You want to be a plaintiff in a suit in Prince Edward 

County to have the white and colored children mixed in the 
public schools?

A. Well, that is the only way I thought they could get 
[fol. 599] equal facilities.

Q. If you get equal facilities, you are not interested in 
sending them to school together; is that correct?

A. Well, if they give us a school—I was a committee 
originally on the board for three or four years, trying to 
get more room and a better school.

Q. Right, and you have got a fine school there now, 
haven’t you ?

A. Well, we have got a very good school there.
Q. And, with that school, do you still want to send your 

children to the white school in Prince Edward?
A. Well, they didn’t give us a school until we brought 

the suit.
Q. I understand, but you have got the school now?
A. Yes, sir.
Q. Are you satisfied with the school you have got-----
Mr. Hill: May it please the Court'-----
Mr. Gravatt: Let me finish the question.
Mr. Hill: I submit the whole series of questions is just 

arguing with the witness.
Judge Soper: I don’t think it has anything to do with 

bringing the suit—the fact that he may be satisfied with 
the school nowT.

Mr. Gravatt: My point is that this litigation resulted 
[fol. 600] in the construction of a nice school.

Judge Soper: Well, it is very happy that it has, but that 
has nothing to do with the point. I think the objection is 
well taken.

Mr. Gravatt : The point is, Your Honor, if this man does 
not want to insist on a decree to integrate the schools, he 
should have at least enough control over the litigation to 
advise his counsel.

Judge Soper: That is not the question before the Court 
at this time. The question is what happened at the time 
of the institution of this suit. That is the only thing he was 
examined about.



490

Mr. Gravatt: All right, sir. I think that it is relevant and 
I except to the ruling of the Court. I have no further ques­
tions.

Guy R. F ridell, J r., called as a witness on behalf of the 
plaintiffs in rebuttal, being first duly sworn, testified as 
follows:

Direct examination.

By Mr. Hill:
Q. Mr. Fridell, directing your attention to early May 

[fol. 601] 1951, at that time were you a newspaper reporter?
A. Yes, sir.
Q. Incidentally, Mr. Fridell, are you here voluntarily, 

or on a subpoena?
A. I was subpoenaed to come in.
Q. Did you have an assignment to cover a meeting in 

Farmville, Virginia, during the time of the school strike 
there early in May?

A. I did.
Q. Did you attend the meeting at the First Baptist 

Church in Farmville on May 3?
A. That’s right.
Q. As a result of attending that meeting, did you write 

a newspaper report on it?
A. That’s right; I wrote a story.
Q. Do you think you could recall some of the details 

of the meeting if your mind were refreshed from the news­
paper article?

A. I  can recall what was in the article, yes, sir,
Q. Can you recall it of your own recollection?
A. That’s right.
Q. Will you state to the Court some of the people who 

talked to that meeting?
A. Well, you and Mr. Spottswood Robinson spoke and 

one of the students spoke, there was a minister who spoke; 
[fol. 602] those are four persons that I remember.

Q. Will you tell the Court whether the meeting was well 
attended or poorly attended?



491

A. It was well attended. The church was pretty well 
packed.

Q. Now, while you were there in attendance on that meet­
ing, did you talk with parents and children also!

A. Yes. I circulated a good deal among the audience 
and talked with them to find out what their feelings were 
and what their opinions were.

Q. Was there talk at that meeting of filing a lawsuit!
A. Yes, there was.
Q. Will you tell the Court what type or kind of lawsuit 

there was talk of filing!
A. Well, as I recall it, you and Mr. Robinson told the 

audience that you were prepared to file suits which would 
bring about an end to segregation. Roughly, that was it,

Q. Was that clearly stated that night, that we contem­
plated bringing a suit to end segregation in Prince Edward 
County!

A. To my recollection, it was, but I want to suggest my 
story simply be put in the record, because I there wrote 
what I saw and heard.
[fol. 603] Q. I show you this and ask you if you can recog­
nize this.

A. Yes, sir. That is my story.
Q. And that was the story you wrote as a result of at­

tending this meeting!
A. That’s right.
Q. Will you read that story?
A. The entire story?
Mr. Gravatt: It is not necessary to read it.
Judge Soper: I don’t think it is necessary.
Mr. Gravatt: We have no objection to filing it.
Judge Soper: I understand.
Mr. Hill: Your Honor, may we file it with the request 

that we be permitted to withdraw it and have photostatic 
copies made and filed in lieu of the original?

Judge Soper: Yes, indeed. There is no objection to that.
Mr. Hill: With that understanding, we will just have it 

marked.
(The newspaper article referred to, marked Plaintiff’s 

Exhibit No. 13, was filed in evidence.)



492

Mr. H ill: You may cross-examine.
[fol. 604] Mr. Gravatt: We have no questions:

Mr. Robinson: If the Court please, that may be all for 
the plaintiffs, but we would like to ask the indulgence of 
the Court in a brief recess so that we can canvass the 
situation. I can assure the Court that if we have any addi­
tional rebuttal testimony to put on, it will consume only 
a short space of time.

Judge Soper: I don’t know that I quite understood Mr. 
Mays’ suggestion, and perhaps that can be worked out 
during this recess.

Mr. Mays: I am hopeful it can. I think we will not have 
to ask the time of the Court at all.

Judge Soper: All right. Take a brief recess.
(A recess was taken, after which the proceedings were 

resumed.)
Plaintiffs Rest

Mr. Robinson: If the Court please, that is all for the 
plaintiffs.

Mr. Mays: We are through, sir. We have a stipulation 
to present to the Court.

Judge Soper: We will be very glad to have you present 
it.

Mr. Mays: If Your Honors please, at page 184* of the 
[fol. 605] record, beginning at that point (I merely make 
it for reference), Mrs. Sarah Brooks testified (and she 
was a witness on economic reprisals, you will remember) 
and indicated she had been dismissed from the service of 
an employer because she was in the NAACP.

Counsel stipulate and agree that since that time she has 
been fully employed by white families in Charlottesville, 
Virginia.

Is that correct?
Mr. Robinson: That is correct.
Mr. Mays: It is further stipulated among all counsel 

that the newspaper which has been offered in evidence and 
known as T he N orfo lk  Journa l and Guide, is published 
under the auspices of a Negro publisher and editor and 
that the other newspapers are under the auspices of white 
editors and publishers.

* Printed herein at page 239.



493

Colloquy Between Court and Counsel

Judge Soper: Now, Gentlemen, we would like to discuss 
with you the question of briefs. It was suggested tenta­
tively the other day that these briefs be filed by the 7th 
of October, which will be two weeks from Monday, and that 
the argument of the case would take place during that week. 
It is the intention of the Court that the argument take 
place on Thursday, the 10th.

May I add this other suggestion—I throw it out for 
discussion—I have no doubt that you have all given a good 
[fol. 606] deal of thought to this case. You are not attack­
ing a brand-new problem in giving these briefs at this time. 
I realize there may be something in the briefs that are filed 
that counsel will want to make reply to. It seems to me 
there would be no objection to filing the briefs as of the date 
suggested and having the argument two or three days 
later, and then after the argument, either because of things 
in the briefs or things that are said in the course of argu­
ment, if counsel on either side want an opportunity to file 
additional briefs, they will be given an opportunity to do 
so, and in that way any deficiencies that occur to you in 
the original briefs may be supplemented and counsel would 
not feel they were taking too much chance in getting the 
first briefs in on the 7th of October. I say the 7th because 
we would like to have a chance to examine them before the 
argument, and we want a full argument. We would like 
to have suggestions as to how much time counsel would 
like. Tentatively, I would suggest two hours on each side, 
but let us hear from you on that subject.

What do the plaintiffs have to say?
Mr. Robinson: If Your Honor please, the tentative date 

is satisfactory to us and the 10th is satisfactory to us. 
We welcome the suggestion of filing supplemental briefs 
and, as far as the argument is concerned, we think two hours 
[fol. 607] will be sufficient on our side.

Judge Soper: What do the defendants have to say?
Mr. Mays: We will meet those deadlines, sir.
Judge Hoffman: Gentlemen, I believe Judge Soper will 

be in Richmond on October 7 and, of course, Judge Hutche­
son will be here. Will you be good enough to send my copy 
direct to Norfolk, because I will not be here until the 10th.



494

Judge Soper: Now, there was certain material requested 
by the defendants’ attorneys to be furnished by the plain­
tiffs’ attorneys. Has that been attended to?

Mr. Robinson: We have completed a summary of that, 
and, as mentioned to counsel during recess, we will complete 
our summary of the data and get it filed just as promptly 
as we can.

Judge Soper: When you do that, will you send copies to 
each of the members of the Court?

Mr. Robinson: Yes, sir, we will be glad to send them.
Judge Soper: In addition to that, it was suggested, I 

think, by Mr. Gfravatt that he would be satisfied with your 
recital of the high spots of the Prince Edward litigation, 
and I assume also the Arlington litigation ought to be 
described—what action took place in those cases—so that 
[fol. 608] will be in the record. Will you send that along 
with the other material?

Mr. Robinson: Yes, sir, I will be glad to.
Mr. Gravatt: If the Court please, I believe we have also 

had the understanding with Mr. Robinson that we will agree 
who the plaintiffs in the Newport News case were without 
the necessity of proof thereof. We have a list of who we 
are advised are the plaintiffs and he said he would examine 
it and satisfy himself as to its accuracy.

Judge Soper: That calls to mind that we have had dis­
cussion of the plaintiffs in these other suits. Someone told 
me that in this Prince Edward case there were 185.

Mr. Robinson: I don’t recall the exact number.
Judge Soper: That is one of the items that ought to be 

set out.
Mr. Robinson: Would the Court be interested in the list­

ing of plaintiffs other than in the Prince Edward case and 
the Newport News case which Mr. Gravatt has prepared?

Judge Soper: I am not quite certain what was said in 
the record about the Newport News case.

Mr. Robinson: We have checked the list of plaintiffs 
in the Newport News case and it is accurate, and I can 
supply the Court with a list of the plaintiffs in the Prince 
[fol. 609] Edward case, with a listing of the other plaintiffs 
in the cases in which we have been connected, if the Court 
would like to have that.



495

Judge Soper: We want the dates the suits were filed and 
the disposition of the suits; in other words, not a very de­
tailed thing, but what would be on the docket of the court 
as to the very situation in the litigation.

Mr. Robinson: We will be very glad to do that.
Judge Soper: I don’t know that we need all the names, 

but that will be left to your discretion.
Mr. Mays.
Mr. Mays: Your Honor, we have one unresolved matter, 

and that is the newspapers that were offered in evidence. 
If we have to deal with the subject of admissibility in our 
brief, that means one approach, but as yet we do not know 
the Court’s pleasure as to whether they will be introduced 
or not.

Judge Soper: The Court has not conferred about that. 
It is conceivable that the newspaper articles are not admis­
sible at all; it is conceivable that they may be admissible 
for certain purposes, and the plaintiffs’ attorneys have set 
out the purposes for which they think the articles are ad­
missible. I suggest that in your brief you discuss that 
question and, if you do not agree with them, state the 
matter. We won’t rule on the admissibility until we get 
[fol. 610] the briefs.

Mr. Mays: One other point was—and I do not mean to be 
insistent—that affects our treatment fact-wise in our brief 
if we do not know in advance what the Court’s ruling wall 
be.

Judge Soper: I think you may assume that they may be 
admitted for some purposes, but state the facts as far as 
you think it necessary to state them. I shall endeavor to 
make a resume of what is in those articles and send copies 
to my colleagues, so the Court will have an idea of what it 
is they are ruling on when we have the legal discussion.

Mr. Mays: And I understand the other side will furnish 
us with the copies that were not furnished us in advance 
of trial—those that we didn’t get?

Judge Soper: Surely. But all that you are insisting 
on, or have been insisting on, have been filed as exhibits? 
Is that correct, Mr. Robinson?

Mr. Robinson: That is correct.
Mr. Mays: But some we did not receive.



496

Judge Soper: I understand, and you will fill those vacan­
cies.

The Clerk: Does the argument start at 10 a. m. 1 
Judge Soper: Yes, I think we will have the arguments 

at ten o’clock on that day.
[fol. 611] Gentlemen, may I say in behalf of the Court 
that we are grateful to counsel for the way in which the 
trial has been conducted. Of course, the Court realizes it 
is a case in which there is great public interest and con­
siderable feeling on both sides, and counsel have helped 
us very much in their presentation and there has been no 
untoward incident, and we are very happy to have had youi 
assistance. We are looking forward to even more assistance 
on October 10.

Adjourn the court.
(Thereupon, further proceedings were continued until 

October 10, 1957, at ten o’clock a. m.)
[fol. 612] Reporters’ Certificate to F oregoing Tran­
script (omitted in printing).

[fol. 613]
In ti-ie United States District Court 
for the E astern District of V irginia

P laintiff’s E xhibit 1

U nited States o f  America 
STATE OF NEW YORK

by

CARMINE G. DeSAPIO
S ecre ta ry  o f S ta te  and Custodian of the Great Seal Thereof.

I t is hereby Certified, That SAMUEL LONDON was, 
on the day of the date of the annexed Certificate and Attes­
tation, Deputy Secretary of State of the State of New York, 
duly authorized by the laws of said State to make the same 
and to perform the duties belonging to the Secretary of 
State in relation thereto, in like manner as said Secretary 
of State; that such Certificate and Attestation are in due



497

form and executed by the proper officer; that the seal 
affixed to said Certificate and Attestation is the Official Seal 
of the Department of State of the State of New York; that 
the signature thereto of the said Deputy Secretary of State 
is in his own proper handwriting and is genuine and that 
full faith and credit may and ought to be given to his official 
acts, and, further, that the Secretary of State is the Cus­
todian of the original Certificate of Incorporation so certi­
fied and attested and Custodian of the Great Seal of said 
State, hereunto affixed.

[The Great Seal of the State of New York]
I n Testimony W hereof, The Great Seal 

of the State is hereunto affixed.
W itness my hand at the City of Albany, the eighth day of 
October, in the year of our Lord one thousand nine hundred 
fifty-six.

Carmine G. DeSapio
Secre tary  o f S ta te

By /s /  F rank A. E mma 
ELG

D epu ty  Secretary o f S ta te

[fol. 614]
Supreme Court—New York County

In the Matter of 
the

Certificate of I ncorporation 
of

The National Association for the 
Advancement of Colored P eople

State of New York,
County of New York, ss . :

C. A mes Brooks being duly sworn deposes and says that 
he is an attorney at law with offices at No. 43 Cedar St.,



498

New York City and that he is one of the attorneys for the 
National Association for the Advancement of Colored 
People, that no previous application has been made for the 
approval of the annexed certificate of incorporation of the 
National Association for the Advancement of Colored 
People.

/s /  C. Ames Bkooks

Sworn to before me this 
6th day of June 1911

J as L. McNeibny 
Notary Public 
New York County 

[fol. 615]
CERTIFICATE OF INCORPORATION 

—of the—
NATIONAL ASSOCIATION FOR THE 

ADVANCEMENT OF COLORED PEOPLE.

We, the undersigned, being of full age and desirous of 
associating ourselves together for the purposes herein 
below specified, pursuant to and in conformity with the Acts 
of the Legislature of the State of New York relating to 
membership corporations, do hereby certify and declare 
that we are of full age and two-thirds of us citizens and 
Residents of the United States and residents of the State 
of New York, and further as follows:—

That the principal objects for which the corporation is 
formed are voluntarily to promote equality of rights and 
eradicate caste or race prejudice among the citizens of the 
United States; to advance the interest of colored citizens; to 
secure for them impartial suffrage; and to increase their 
opportunities for securing justice in the courts, education 
for their children, employment according to their ability, 
and complete equality before the law.

To ascertain and publish all facts bearing upon these sub­
jects and to take any lawful action thereon; together with 
any and all things which may lawfully be done by a mem­



499

bership corporation organized under the laws of the State 
of New York for the further advancement of these objects.

To take, receive, hold, convey, mortgage or assign all 
such real estate and personal property as may be necessary 
for the purposes of the corporation.

The corporate name by which the corporation shall be 
[fob 616] known is

NATIONAL ASSOCIATION FOR THE 
ADVANCEMENT OF COLORED PEOPLE

The territory in which the operations of the corporation 
are principally to be conducted shall be the United States 
of America.

The principal office of the corporation and the center of 
its operations shall be in the City, County and State of 
New York, but the Directors may establish branch or aux­
iliary offices elsewhere in the United States for the purpose 
of carrying on the work of the corporation, each to be 
managed by its local organization under such powers as 
lawfully may be prescribed in the by-laws of the corpora­
tion.

The principal office of the corporation shall be in the 
Borough of Manhattan, in the City, County and State of 
New York.

The number of directors of the corporation shall be thirty.
The names and places of residence of the persons to be 

directors of the corporation until its first annual meeting 
are as follows:—
Mr. Moorfield Storey, 735 Exchange Bldg., Boston, Mass; 
Mr. John E. Milholland, Hotel Manhattan, New York, N.Y; 
Bishop Alexander Walters, 208 W. 349 St., New York, N.Y; 
Oswald Garrison Villard, 20 Vesey St., New York, N.Y.;
Mr. Walter E. Sachs, 60 Wall St., New York, N.Y.;
Dr. William E.B. DuBois, 233 W. 63rd St., New York, N.Y.; 
Mary White Ovington, Hotel St. George, Brooklyn, N.Y.; 
Rev. William H. Brooks, 231 West 53rd St., New York, N.Y.; 
Dr. John Lovejoy Elliott, Ethical Culture Society, New 

York



500

Mr. Thomas Ewing, Jr., 67 Wall St., New York, N.Y.
Rev. John Haynes Holmes, 28 Garden Place, Brooklyn, 

N.Y.;
Mrs. Florence Kelley, 105 E. 22nd St., New York, N.Y.;
Mr. Paul Kennaday, 640 Madison Avenue, New York, N.Y.; 
Mrs. Frances R, Keyser, 217 E. 86th St., New York, N.Y.; 
Mrs. Mary I). McLean, 259 W. 92nd St., New York, N.Y.; 
Rev. A. Clayton Powell, 255 W. 134th St., New York, N.Y.; 
Mr. Charles Edward Russell, Hotel Broztell, New York, 

N.Y.;
Prof. Joel E. Spingarn, 9 W. 73rd St., New York, N.Y.;
Miss Lillian D. Wald, 265 Henry St., New York, N.Y.;
Mr. William English Walling, Hotel Brevoort, New York, 

N.Y.
Dr. Owen M. Waller, 762 Herkimer St., Brooklyn, N.Y.
Mr. W.I. Bulkley, Ridgefield Park, N.J.
Mr. Albert E. Pillsbury, 6 Beacon St., Boston, Mass.;
Miss Jane Addams, Hull House, Chicago, 111.;
Mrs. Ida B. Wells Barnett, 3235 Rhodes Ave., Chicago, 111.; 
[fob 617] Dr. Charles E. Bentley, 100 State St., Chicago, 

111.;
Dr. Noah F. Mossell, 143 Lombard St., Philadelphia, Pa.
Dr. William A. Sinclair, 1221 Pine St., Philadelphia, Pa.; 
Mrs. Mary Church Terrell, 326 T St., N.W. Washington,

D.C.
Rev. J. Milton Waldron, 1334 V St., Washington, D.C.

The annual meeting of the corporation shall be held on 
the first Monday of January in each year.

In Testimony W hereof, we have made and signed this 
certificate in duplicate and have hereunto set our hands 
and affixed our respective seals this 25th day of May, 1911.

/s /  J ohn Haynes Holmes (L.S.)
/s /  Oswald Garrison Villard (L.S.)
/ s /  W. E. B. DuBois (L.S.)
/ s /  W alter E. Sachs (L.S.)
/s /  Mary W hite Ovington (L.S.)



State of New York, 
County of New York, s s . :

501

On this 25th day of May, 1911, before me personally came 
Oswald Garrison Villard Walter E Sachs & Mary White 
Ovington to me known, and known to me to be the indi­
viduals described in and who executed the foregoing instru­
ment, and they acknowledged to me that they executed the
same.

[fol. 618]

(Seal)
/ s / H C  W ood

Notary Public, #27
Kings County. Cert filed in NY Co

3028
State of New York, 

Department of State, s s . :

I Certify That I have compared the preceding copy with 
the original Certificate of Incorporation of

NATIONAL ASSOCIATION FOE THE 
ADVANCEMENT OF COLORED PEOPLE,

filed in this department on the 16th day of June, 1911, and 
that such copy is a correct transcript therefrom and of the 
whole of such original.
(Seal)

Witness my hand and official seal of the Department 
of State at the City of Albany, this twenty- 
seventh day of June, one thousand nine hundred 
and fifty-six.

/ s /  Samuel London
ELG

D epu ty  Secre tary  o f State.
[fol. 619]
State of New York,
County of New York, s s . :

On this 30th day of May, 1911, before me personally came 
John Haynes Holmes and W E B  Dubois to me known, and 
known to me to be the individuals described in and who



502

executed the foregoing instrument, and they acknowledged 
to me that they executed the same.

(Seal)
/s /H C  W ood

Notary Public, #27 
Kings County.
Cert filed in NY Co

I, Daniel F. Cohalan Justice of the Supreme Court of the 
State of New York in and for the First Judicial District, 
DO HEREBY APPROVE, the form of Certificate of In­
corporation, and consent that the same be filed.
Dated, New York, June 9th, 1911.

/s /  Daniel F. Cohalan 
Justice of the Supreme Court, First 

Judicial District.
(Seal)
[fol. 619] 145

Book 84 Page 471
M. L. H.

G C P

CERTIFICATE OF INCORPORATION 
—of the—

NATIONAL ASSOCIATION FOR THE 
ADVANCEMENT OF COLORED PEOPLE.

STA TE OF N E W  Y O R K ,

Office of SECRETARY OF STATE, 
Filed and
Recorded JUN 16 1911

E dward Lazansky
Secretary of State

W herry & Morgan
A TTO R N EY S

Office and Post Office Address 
93 Cedar Street

N E W  Y O R K  C IT Y , N . Y .



[fol. 620]
P laintiff’s E xhibit 2

CONSTITUTION
of  the

N A T I O N A L  A S S O C I A T I O N  
F O R  T H E  A D V A N C E M E N T  
O F  C O L O R E D  P E O P L E

20 West 40th Street 

New York 18, N. Y,

1957 m

426



CONSTITUTION

O P  T H E

NATIONAL ASSOCIATION FOR THE 
ADVANCEMENT OF COLORED 

PEOPLE

A R T IC L E  I 

N A M E

T he n am e  of th is  A sso c ia tio n  sh a ll be th e  
N a tio n a l A sso c ia tio n  f o r  th e  A d v a n ce m en t of 
C olored  Peop le .

M E M B E R S H IP
1. A n y  p e rso n  w ho is in  acco rd an ce  w ith  th e  

p r in c ip le s  a n d  p o lic ies o f  th e  A sso c ia tio n  m ay  
becom e a  m em b e r o f th is  A sso c ia tio n  w ith  th e  
co n se n t o f th e  B o a rd  o f D ire c to rs , by  a cc ep tin g  
m em b e rsh ip  in  w r i t in g  u n d e r  an d  in  acco rdance  
w ith  th is  C o n s titu tio n  a n d  by  p a y in g  a n n u a lly  
in  ad v an ce  a  m em b e rsh ip  fe e  o f a t  le a s t  Two 
D o lla rs  ($2 .00).

2. T he B o a rd  o f D ire c to rs  sh a ll h a v e  p o w er 
to  c re a te  such  c la sse s  o f  m em b e rsh ip  a s  i t  
m ay  deem  d e s irab le , an d  m ay  issu e  a p p ro p ria te  
c e r tif ic a te s  o f  m em b e rsh ip  to  p e rso n s  e n tit le d  
th e re to .

A R T IC L E  II

B O A R D  O P  D IR E C T O R S

1. T h e  A sso c ia tio n  sh a ll h a v e  a  B o a rd  of 
D ire c to rs  n o t ex ceed in g  fo r ty -e ig h t  (48) m em ­

[ 1 ]



b e rs , one of w hom  sh a ll  be  e lec ted  fro m  th e  
Y o u th  C ouncils o r C ollege C h a p te rs  o f th e  
A sso c ia tio n .

2. T h e  p re s e n t  D ire c to rs  sh a ll c o n tin u e  to  
se rv e  fo r  th e  te rm s  fo r  w h ich  th e y  w ere  
e lected , a n d  th e r e a f te r  s ix te e n  D ire c to rs  sh a ll 
be e lec ted  a n n u a lly  (b y  b a llo t by  th e  A sso ­
c ia tio n )  a s  h e re in a f te r  p ro v id ed  fo r  a  te rm  of 
th re e  y e a rs  an d  u n til  th e ir  su ccesso rs  a re  
chosen . A n y  v a ca n cy  o c cu rr in g  d u rin g  th e  y e a r  
m ay  be filled  by  th e  B o a rd  of D ire c to rs  fo r  
th e  u n e x p ire d  te rm .

3. (a )  E le c tio n  o f B o a rd  of D ire c to rs :  T he 
sa id  A sso c ia tio n  sh a ll h av e  a  N o m in a tin g  Com ­
m itte e  c o n s is tin g  o f sev en  (7 ) m em b e rs  o f th e  
A sso c ia tio n ; fo u r  (4 ) to  be e lec ted  by  th e  
d e le g a te s  to  th e  A n n u a l C o n v en tio n ; th re e  (3) 
to  be  e lec ted  a n n u a lly  by  th e  B o a rd  o f D irec ­
to r s  f ro m  i ts  ow n m em b ers . M em bers o f th e  
N o m in a tin g  C o m m ittee  a re  in e lig ib le  fo r  n o m i­
n a tio n  to  th e  B o a rd  o f D ire c to rs  d u rin g  th e  
y e a r  in  w h ich  th e y  se rv e  on sa id  co m m ittee . 
T he N o m in a tin g  C o m m ittee  sh a ll m e e t d u rin g  
th e  th ird  w eek  in  S ep tem b er. I t  sh a ll su b m it 
to  th e  E x ec u tiv e  S e c re ta ry  n o t l a te r  th a n  O cto­
b e r  1 o f each  y e a r  n o m in a tio n s  fo r  a ll v a c a n ­
cies to  be filled on  th e  B o ard  of D ire c to rs . T he 
E x ec u tiv e  S e c re ta ry  sh a ll fo r th w ith  sen d  to  a ll 
B ra n ch e s  an d  h a v e  p u b lish ed  in  th e  n e x t issu e  
of th e  C ris is , o r o th e r  official o rg a n  o f th e  
A sso c ia tio n , th e  sa id  r e p o r t  o f th e  N o m in a tin g  
C o m m ittee . In  th e  e v en t t h a t  no A n n u a l C on­
v e n tio n  is  h e ld  in  a n y  y e a r , th e  m em b ers  
e lec ted  b y  th e  C o n v en tio n  d e le g a te s  to  th e  
p re ce d in g  A n n u a l C onv en tio n  sh a ll se rv e  on 
th e  N o m in a tin g  C o m m ittee  u n til  th e  n e x t A n ­
n u a l C onvention .

(b ) In d e p e n d e n t n o m in a tio n s  m a y  be m ade  
by p e ti t io n s  s ig n ed  b y  n o t less  th a n  th i r ty  
(30) m em b e rs  o f th e  A sso c ia tio n  in  good

[ 2 ]



s ta n d in g  b y  filing  th e  sam e  w ith  th e  E x ec u tiv e  
S e c re ta ry  n o t  l a te r  th a n  N o v em b er 1 o f each  
y e a r . T h e  E x ec u tiv e  S e c re ta ry  sh a ll  sen d  to 
each  B ran ch  o f th e  A sso c ia tio n , n o t  l a t e r  th a n  
N o v em b er 15 of each  y e a r ,  a  b a llo t co n ta in in g  
th e  n o m in a tio n s  o f th e  N o m in a tin g  C o m m ittee , 
p lu s th e  n o m in a tio n s  b y  in d ep e n d en t p e titio n . 
E a c h  B ra n ch  a t  i ts  a n n u a l m e e tin g  sh a ll, by 
v o te  o f  th e  m em b e rs  p re se n t, m ak e  i ts  choices 
fo r  m em b e rs  o f th e  B o a rd  of D ire c to rs . T he 
sa id  choices sh a ll be  m a rk e d  upo n  th e  b a llo t 
su b m itte d  b y  th e  E x ec u tiv e  S e c re ta ry  an d  th e  
sa id  b a llo t  sh a ll be s ig n ed  by  th e  p re s id e n t and  
s e c re ta ry  of th e  B ra n ch  a n d  m u s t  be re tu rn e d  
to  th e  n a tio n a l office n o t l a te r  th a n  D ecem b er 
31 of each  y e a r . T he sa id  b a llo ts  sh a ll be held  
by  th e  E x ec u tiv e  S e c re ta ry  in  a  sa fe  p lace  
u n til  th e  A n n u a l M eeting .

(c) A t  each  A n n u a l M ee tin g  th e  sa id  b a llo ts  
sh a ll be o pened  by  a  co m m itte e  se lec ted  a t  
sa id  A n n u a l M e e tin g  a n d  co u n ted  on th e  fo l­
lo w in g  b a s is :

M em bers V o tes
fro m  50 to 100* 2

100 500 3
500 1,000 4

1,000 2,500 5
2,500 5,000 6
5,000 10,000 8

10,000 20,000 9
o v er 20,000 10

* See n o te , p a g e  12.

A n y  b a llo t o r b a llo ts  c o n ta in in g  th e  n am e or 
n a m e s  o f a n y  p e rso n s  fo r  e lec tio n  to  th e  sa id  
B o ard  n o t n o m in a ted  in  acco rd an ce  w ith  th is  
C o n s titu tio n  sh a ll be void.

[ 3 ]



A R T IC L E  I I I  
O F F IC E R S

1. T h e  officers o f th e  A sso c ia tio n  sh a ll con­
s i s t  o f  a  P re s id e n t, C h a irm a n  o f th e  B o a rd  of 
D ire c to rs , su ch  v ice -p re s id e n ts  a s  th e  B o ard  
of D ire c to rs  m a y  e lec t, a  T re a s u re r ,  a n  E x ec u ­
tiv e  S e c re ta ry , an d  such  o th e r  officers a s  th e  
B o a rd  o f D ire c to rs  f ro m  tim e  to  tim e  m a y  
d e s ig n a te  a n d  e lect. T he sa id  officers sh a ll be 
e lec ted  b y  th e  B o a rd  of D ire c to rs  a s  soon a f te r  
th e  A n n u a l M ee tin g  a s  th e  new  B o a rd  can  con­
v e n ie n tly  convene f o r  th e  pu rp o se .

2. T h e  P re s id e n t, V ic e -P re s id e n ts , T re a su re r ,  
a n d  C h a irm a n  of th e  B o a rd  of D ire c to rs  sh a ll 
be e lec ted  fo r  a  te rm  o f  one y e a r ;  a ll o th e r  
officers sh a ll be e lec ted  fo r  a  te rm  o f one y e a r , 
u n le s s  th e  B o a rd  o f D ire c to rs  sh a ll by  re so lu ­
tio n  p a sse d  a t  th e  tim e  o f th e  p a r t ic u la r  e lec­
tio n  o rd e r  o th e rw ise . A n y  v a ca n cy  in office 
m a y  be filled  by  th e  B o a rd  o f D ire c to rs  fo r  th e  
u n e x p ire d  te rm .

3. T h e  P re s id e n t, V ic e -P re s id e n ts , T re a su re r ,  
a n d  C h a irm a n  o f th e  B o a rd  of D ire c to rs  sh a ll 
ta k e  office im m e d ia te ly  a f te r  th e ir  e lection , an d  
th e y  sh a ll se rv e  th e i r  re sp e c tiv e  te rm s  o f office 
co m p u ted  fro m  th e  d a y  o f  sa id  e lec tio n  or 
u n til  th e i r  re sp e c tiv e  su ccesso rs  sh a ll be e lected  
a n d  sh a ll  q u a lify .

4. T he B o ard  o f D ire c to rs  m a y  fro m  tim e  to  
tim e  em p lo y  such  ex ecu tiv e  officers a s  i t  deem s 
n ecessa ry .

A R T IC L E  IV  
D U T IE S  O F  O F F IC E R S

1. T h e  P re s id e n t  o f th e  A sso c ia tio n  sh a ll 
p e r fo rm  such  fu n c tio n s  an d  ex erc ise  such  d u tie s  
a s  m a y  be v o ted  b y  th e  B o a rd  of D ire c to rs . 
H e sh a ll p re s id e  a t  a ll m e e tin g s  o f th e  A sso ­

[ 4 ]



c ia tio n , and , in  th e  ab sen ce  of th e  C h a irm a n  
o f th e  B o ard , a t  a ll m e e tin g s  o f  th e  B o a rd  o f 
D ire c to rs . H e  sh a ll be ex-officio m em b e r o f a ll 
c o m m ittees .

2. T he V ic e -P re s id e n ts  sh a ll p e r fo rm  such  
fu n c tio n s  a n d  e x erc ise  su ch  d u tie s  a s  m a y  be 
v o ted  by  th e  B o a rd  o f D ire c to rs .

3. T h e  C h a irm a n  o f th e  B o a rd  o f D ire c to rs  
sh a ll h e r e a f te r  b e tw een  m e e tin g s  o f th e  B o ard  
h a v e  g e n e ra l co n tro l a n d  su p e rv is io n  of th e  
A sso c ia tio n , w ith  fu ll  a u th o r i ty  o v e r a ll officers 
a n d  em p lo y ees o f th e  A sso c ia tio n , su b je c t to  
such  lim ita t io n s  a s  th e  B o a rd  m a y  fro m  tim e  
to  tim e  im pose. H e  sh a ll p re s id e  a t  a ll m e e t­
in g s  o f th e  B o a rd  a n d  sh a ll a p p o in t a ll com ­
m itte e s  o f  th e  A sso c ia tio n  n o t  e lec ted  d ire c tly  
by  th e  B o ard . H e sh a ll be ex-officio m em b e r of 
a ll c o m m ittees .

4. T h e  T re a s u re r  sh a ll be th e  ch ie f fin an c ia l 
officer o f  th e  A sso c ia tio n  a n d  sh a ll h a v e  g e n ­
e ra l  c h a rg e  o f i ts  fiscal a ffa irs . H e  sh a ll rece iv e  
r e g u la r  r e p o r ts  on  th e  finances o f  th e  A sso c ia ­
tio n  fro m  a ll D iv is io n s, B ran ch es , D e p a r tm e n ts  
an d  B u re au s  th e re o f , a n d  sh a ll in sp e c t th e  
books a n d  a u d it  th e  a cco u n ts  th e re o f , f ro m  
tim e  to  t im e . H e  sh a ll r e n d e r  to  th e  B o a rd  of 
D ire c to rs  a t  th e i r  r e g u la r  m e e tin g s , o r  w h e n ­
e v e r th e y  re q u ire , a n  acco u n t o f h is  t r a n s a c ­
tio n s  a s  T re a s u re r  a n d  sh a ll su b m it a  re p o r t  
o f th e  fin an c ia l co n d itio n  of th e  A sso c ia tio n  a t  
i ts  A n n u a l M ee tin g .

5. T he E x ec u tiv e  S e c re ta ry  sh a ll h a v e  c h a rg e  
o f th e  g e n e ra l  s e c re ta r ia l  w o rk  o f th e  A sso ­
c ia tio n . H e  sh a ll c o o rd in a te  an d  in te g r a te  th e  
w o rk  o f th e  se v e ra l D iv isio n s, B ran ch es , D e­
p a r tm e n ts ,  a n d  B u re au s , a n d  sh a ll a id  an d  
c o o p e ra te  in  th e  w o rk  of a ll c o m m ittees . He 
sh a ll su b m it r e p o r ts  to  th e  B o a rd  a t  i ts  r e g u ­
l a r  m e e tin g s , o r  w h e n ev e r i t  re q u ire s , cov erin g  
th e  s ta te  o f th e  A sso c ia tio n  an d  i ts  a c tiv it ie s



since th e  d a te  o f h is  la s t  re p o rt .  H e sh a ll m ak e  
an  a n n u a l r e p o r t  c o v erin g  th e  s ta tu s  o f  th e  
A sso c ia tio n  a n d  i ts  a c tiv it ie s . H e  sh a ll  p e r fo rm  
such  o th e r  fu n c tio n s  an d  ex erc ise  such  f u r th e r  
d u tie s  a s  m ay  be a ss ig n e d  h im  by th e  sa id  
B oard .

6. In  th e  ab sen ce  of a n y  officer o r  em ployee, 
o r  fo r  a n y  o th e r  re a so n  t h a t  m a y  be deem ed 
suffic ient, th e  B o a rd  o f D ire c to rs  m a y  d e le g a te  
such  officer’s o r  em p lo y ee’s p o w ers a n d  d u tie s  
to  a n y  o th e r  officer o r  em ployee, o r to  an y  
d ire c to r  fo r  th e  tim e  b e ing .

A R T IC L E  V
C O M M IT T E E S

1. T he B o ard  of D ire c to rs  m a y  c re a te  such  
s ta n d in g  o r  sp ec ia l c o m m itte e s  in  ad d itio n  to  
th o se  p re sc r ib e d  h e re in  a s  i t  c o n sid e rs  a d v is ­
ab le  to  c a r ry  o u t a n y  p u rp o se s  co n n ec ted  w ith  
th e  w o rk  of th e  A sso c ia tio n .

2. S a la r ie d  officers a n d  s ta f f  m em b e rs  sh a ll 
be e lig ib le  fo r  c o m m ittee  a s s ig n m e n t, ex cep t 
on co m m itte es  d e a lin g  w ith  p e rso n n e l an d  em ­
p lo y m en t.

A R T IC L E  V I
D IV IS IO N S , D E P A R T M E N T S  

A N D  B U R E A U S
T he B o a rd  of D ire c to rs  sh a ll h av e  p o w er to 

c re a te  f ro m  tim e  to  tim e  such  re g io n a l D iv i­
sio n s a n d  such  D e p a r tm e n ts  o r  B u re au s  o f  th e  
A sso c ia tio n  a s  i t  m a y  deem  a d v isab le  to  c a r ry  
o u t th e  o b jec ts  fo r  w hich  th e  A sso c ia tio n  w as 
c rea ted .

A R T IC L E  V II 
B R A N C H E S

T he B o a rd  of D ire c to rs  m a y  c re a te  B ran ch es , 
Y o u th  C ouncils, C ollege C h a p te rs , an d  such

[ 6 ]



o th e r  u n its  o f th e  A sso c ia tio n  in  such  p laces 
a n d  u n d e r  such  c o n d itio n s a s  i t  sees fit. E ac h  
of th e  above sh a ll be  a d m in is te re d  u n d e r  a 
c h a r te r  g ra n te d  to  i t  by  th e  B o a rd  of D ire c to rs  
a n d  in  acco rd an ce  w ith  th e  C o n s titu tio n  an d  
B y -L aw s a u th o riz e d  b y  sa id  B o ard  of D i­
re c to rs .

A R T IC L E  V III  
M E E T IN G S  O F  D IR E C T O R S

1. R e g u la r  m e e tin g s  o f  th e  B o a rd  of D ire c ­
to rs  sh a ll  be h e ld  on  th e  second  M onday  of 
each  m o n th  u n less  such  M onday  be a  ho lid ay , 
in  w h ich  e v en t th e  m e e tin g  o f t h a t  m o n th  sha ll 
be h e ld  on th e  f ir s t  b u s in e ss  d a y  th e r e a f te r ;  
e x ce p t t h a t  th e  re g u la r  m e e tin g  in  J a n u a ry  
in  each  y e a r  sh a ll be h e ld  on  th e  sam e  d a y  a s  
th e  A n n u a l M ee tin g .

2. A  sp ec ia l m e e tin g  o f th e  B o a rd  o f D ire c ­
to rs  m a y  be ca lled  b y  an y  officer o f th e  A sso ­
c ia tio n  u p o n  th e  w r i t te n  re q u e s t  o f a n y  th re e  
(3 ) m em b e rs  o f th e  B o ard . T h e  o b jec t o f such  
m e e tin g  sh a ll be  s ta te d  in  th e  n o tice  th e re fo r  
a n d  th e  b u s in e ss  tr a n s a c te d  in  th e  m e e tin g  
sh a ll be l im ite d  to  th e  o b jec t so s ta te d .

3. T h e  E x ec u tiv e  S e c re ta ry  sh a ll g iv e  th e  
m em b e rs  o f  th e  B o a rd  sev en  (7 ) d a y s ’ n o tice  
in  w r i t in g  of i t s  r e g u la r  m e e tin g s  a n d  th re e  
(3 ) d a y s ’ n o tice  o f a n y  sp ec ia l m e e tin g  of th e  
B oard .

4. O n e -th ird  o f th e  m em b e rs  o f th e  B o ard  
sh a ll be  n e c e ssa ry  to  c o n s titu te  a  q u o ru m  fo r  
th e  tra n s a c tio n  of b u sin ess , e x cep t to  ad jo u rn .

A R T IC L E  IX  
C O N V E N T IO N

1. T he A sso c ia tio n  sh a ll h a v e  a n  A n n u a l 
C on v en tio n  to  be h e ld  a t  th e  tim e  a n d  p lace  
d e te rm in e d  in  th e  fo llo w in g  m a n n e r :  th e  1955

[ 7 ]



C o n v en tio n  sh a ll se lec t th e  tim e  a n d  p lace  
fo r  b o th  th e  1956 a n d  1957 C o n v en tio n s; th e r e ­
a f te r  e ach  C o n v en tio n  sh a ll  s e t  th e  t im e  an d  
p lace  fo r  th e  C o n v en tio n  of th e  second  su c­
ceed in g  y e a r . T h e  A n n u a l C onv en tio n  of th e  
A sso c ia tio n  sh a ll h a v e  p o w er to  e s ta b lish  p o li­
c ies an d  p ro g ra m s  o f ac tio n  fo r  th e  e n su in g  
y e a r. A ll a c tio n s  o f th e  C o n v en tio n  on th e  
q u e s tio n  of p o licy  a n d  p ro g ra m , w h ich  a re  n o t 
c o n tra ry  to  th is  C o n s titu tio n , sh a ll be  b in d in g  
on th e  B o a rd  o f D ire c to rs , officers, B ran ch es, 
Y o u th  C ouncils, C ollege  C h a p te rs , a n d  o th e r  
su b o rd in a te  u n i ts  o f th e  A sso c ia tio n  e x ce p t a s  
h e re in a f te r  p ro v id ed ; no p ro p o sa l fo r  ch an g e  
of p o licy  o r p ro g ra m  o f ac tio n  sh a ll be  in  o rd e r 
u n les s  i t  sh a ll h a v e  b een  su b m itte d  b y  a  B ran ch  
in  good s ta n d in g  to  th e  E x e c u tiv e  S e c re ta ry  
a t  le a s t  s ix ty  (60) d ay s  p r io r  to  th e  A n n u a l 
C o n v en tio n  an d  p u b lish ed  in  th e  B u lle tin  o r 
th e  C ris is  p r io r  to  th e  A n n u a l C o n v en tio n ; ac ­
tio n  o f th e  C o n v en tio n  p e r ta in in g  to  p o licy  or 
p ro g ra m  o f ac tio n  sh a ll be  v a lid  on ly  i f  p a sse d  
d u r in g  th e  la s t  tw o  b u s in e ss  d a y s  o f th e  C on­
v e n tio n . A ll ac tio n s  o f th e  C o n v en tio n  on 
m a t te r s  o f p o licy  a n d  p ro g ra m  o f  a c tio n  sh a ll 
be co n sid ered  b y  th e  B o a rd  o f D ire c to rs  a t  i ts  
n e x t  r e g u la r  m e e tin g  a n d  i f  th e  B o a rd  ex ­
p re sse s  i t s  d isa p p ro v a l b y  tw o - th ird s  v o te  of 
m em b e rs  o f th e  B o a rd  p re s e n t  an d  v o tin g , th e  
m a t te r  sh a ll th e n  be su b m itte d  to  th e  B ran ch es, 
Y o u th  C ouncils a n d  C ollege C h a p te rs  fo r  final 
a c tio n ; e ach  B ran ch , Y o u th  C ouncil a n d  Col­
leg e  C h a p te r  sh a ll v o te  on sa id  m a t te r  and  
n o tify  th e  E x ec u tiv e  S e c re ta ry  of such  ac tio n  
w ith in  th i r t y  d a y s  o f re c e ip t  o f sam e; and  
th is  ac tio n  o f B ran ch es , Y o u th  C ouncils and  
C ollege C h a p te rs  sh a ll  be co u n ted  b y  th e  u se  
o f th e  sca le  o f v o tin g  s e t  o u t in  A rtic le  II , 
Sec tio n  3.

2. (a )  R e p re s e n ta tio n  of B ra n ch e s , Y o u th  
C ouncils an d  C ollege C h a p te rs  a t  th e  A n n u a l

[ 8 ]



ARTICLE IX, SECTION 2 
SHOULD READ:

2. (a) Representation of Branches, Youth 
Councils and College Chapters at the Annual 
Conventions shall be on the following basis:

V o tin g
M em bers  D eleg a tes

Youth Councils & College
Chapters o f from _____ 25 to 50** i

Branches, Youth Councils
& College Chapters----  50 100 2

100 500 3
500 1,000 4

1,000 2,500 5
2,500 5,000 6
5,000 10,000 8

10,000 20,000 9
over 20,000 10

♦ See n o te , p a g e  12.

(b) Representation shall be on the basis of 
membership as recorded in the national office 
thirty (30) days prior to the opening date of 
each convention. All voting at conventions 
must be by delegates present and may not be 
exercised by proxy.

(c) Each Branch, Youth Council and College 
Chapter is entitled to a number of alternate 
delegates equal to the number of voting dele­
gates. Alternate delegates shall be permitted 
to vote in place of absent voting delegates.

(d) Each State Conference shall be entitled 
to one voting delegate and one alternate.



Conventions shall be on the follow ing basis:
V o tin g

M em bers D elega tes
Y o u th  C ouncils & C ollege

C h a p te rs  o f f r o m ...........  25 to  50*
B ran ch es , Y o u th  C ouncils 

& C ollege C h a p te rs ....... 50 100
100 500
500 1,000

1.000 2,500
2,500 5,000
5.000 10,000

10,000 20,000
o v er 20,000

* See n o te , p a g e  12.

1
2
3
4
5
6 
8 
9

10

(b ) E a c h  B ran ch , Y o u th  Council an d  C ollege 
C h a p te r  is  e n ti t le d  to  a  n u m b er o f a l te rn a te  
d e le g a te s  e q u a l to  th e  n u m b e r o f  v o tin g  de le ­
g a te s . A l te rn a te  d e le g a te s  sh a ll be p e rm itte d  
to  v o te  in  p lace  o f a b se n t v o tin g  d e le g a te s .

(c ) E a c h  S ta te  C o n fe ren ce  sh a ll be e n tit le d  
to  one v o tin g  d e le g a te  an d  one a lte rn a te .

3. (a )  D e le g a te s  to  th e  A n n u a l C onven tion  
sh a ll be  e lec ted  by  th e  B ran ch es  a t  th e ir  r e g u ­
l a r  m o n th ly  m e e tin g s  p r io r  to  th e  C onvention .

(b ) D e le g a te s  r e p re s e n t in g  S ta te  C o n fe r­
ences sh a ll be e lec ted  a t  th e  m e e tin g  o f th e  
S ta te  C o n fe ren ce  p re ce d in g  th e  A n n u a l C on­
v en tio n , o r  b y  sp ec ia l m e e tin g  ca lled  in  ac ­
co rd an ce  w ith  b y -law s o f th e  S ta te  C onference.

4. (a )  E a c h  d e le g a te  m u s t  p re s e n t  to  th e  
• C onven tion  a  c e r tif ic a te  o f e lec tio n  a s  d e le g a te , 
s ig n ed  b y  th e  p re s id e n t  an d  s e c re ta ry  of th e

- B ran ch . B lan k  fo rm s  fo r  c e r tif ic a te s  an d  d u ­
p lic a te  c e r tif ic a te s  m u s t  be  fu rn ish e d  by  th e  
N a tio n a l Office. A  d u p lic a te  o f a ll such  c e rtif i­
c a te s  m u s t be re tu rn e d  to  th e  N a tio n a l Office

[ 9 ]



a n d  th e  o r ig in a l th e re o f  p re se n te d  to  th e  
C onvention .

(b )  E a c h  S ta te  C o n fe ren ce  d e le g a te  m u s t 
p re s e n t  to  th e  C onven tion  a  c e rtif ic a te  o f  e lec­
t io n  a s  d e le g a te , s ig n e d  by  th e  p re s id e n t  an d  
s e c re ta ry  o f th e  S ta te  C onference.

5. C o n v en tio n  C o m m itte e s : D u rin g  th e  f irs t  
r e g u la r  se ss io n  of th e  C onven tion  th e  fo llo w ­
in g  c o m m itte e s  sh a ll be e lec ted  b y  th e  de le ­
g a te s  :

A. R eso lu tio n s
B. C re d en tia ls
C. T im e a n d  p lace
D. R u les
A. T he C o m m ittee  on R e so lu tio n s : S h a ll ta k e  

c h a rg e  of a ll re so lu tio n s  re fe r r e d  to  i t  an d  
r e p o r t  th e re o n  to  th e  C onv en tio n  w ith  p ro p e r  
reco m m en d a tio n s .

B. T h e  C o m m ittee  on  C re d e n tia ls :  S h a ll ex ­
am in e  an d  r e p o r t  u p o n  th e  c re d e n tia ls  o f  a ll 
d e le g a te s  to  th e  C onvention .

C. T he C o m m ittee  on T im e an d  P la c e : S hall 
ta k e  c h a rg e  of a ll in v ita tio n s  f o r  n e x t  A n n u a l 
C on v en tio n  an d  r e p o r t  i ts  re co m m e n d a tio n s  to  
th e  C onven tion .

D. T h e  C o m m ittee  on R u les : S h a ll, w ith  th e  
C o n s titu tio n  an d  R o b e r t’s R u le s  o f  O rd er  a s  
i ts  g u id e , reco m m en d  to  th e  C on v en tio n  ru le s  
fo r  th e  g o v e rn m e n t o f th e  C on v en tio n  w h ile  
in  session .

T he d u tie s  o f  th e  fo re g o in g  c o m m itte e s  sh a ll 
e x p ire  w ith  th e  a d jo u rn m e n t o f  each  C onven­
tion .

A R T IC L E  X 
A N N U A L  M E E T IN G

T he A n n u a l M ee tin g  of th e  A sso c ia tio n  sha ll 
be  h e ld  on th e  f ir s t  M onday  in  J a n u a ry  in  each

[ 1 0 ]



y e a r  u n le s s  such  M onday  be a  h o lid ay , in  
w h ich  e v en t th e  M ee tin g  o f th a t  y e a r  sh a ll be 
he ld  on th e  f ir s t  b u sin e ss  d a y  th e r e a f te r ,  a t  
such  tim e  an d  p lace  a s  th e  B o a rd  of D ire c to rs  
m a y  d e te rm in e . T he p re sen c e  of tw en ty -fiv e  
(25) m em b e rs  in  good s ta n d in g  sh a ll be n eces­
s a ry  to  c o n s titu te  a  quorum .

A R T IC L E  X I
L IM IT A T IO N  O P  L IA B IL IT Y

No D iv ision , B ran ch , D e p a r tm e n t, B u re au , o r 
u n i t  o f th e  A sso c ia tio n  sh a ll h a v e  a u th o r i ty  
o r  p o w e r to  im p o se  o r in c u r  fin an c ia l l ia b ili ty  
on  th e  p a r t  o f  th e  A sso c ia tio n  w ith o u t  th e  
e x p re ss  a u th o r iz a t io n  o f th e  B o ard  o f D ire c ­
to rs , f i r s t  o b ta in e d  in  w r i t in g  in  advance.

A R T IC L E  X II 
O R D E R  O F  B U S IN E S S

U n le ss  a lte re d  o r  su sp en d ed  a t  a n y  m ee tin g  
by a  m a jo r i ty  v o te  o f th e  m em b e rs  p re se n t, 
th e  fo llo w in g  sh a ll be th e  o rd e r o f b u s in e ss  a t  
th e  m e e tin g s  o f th e  A sso c ia tio n , th e  B o a rd  of 
D ire c to rs , o r  a n y  D iv ision , B ran ch , D e p a r t ­
m en t, B u re au  o r u n it  of th e  A sso c ia tio n :

R oll C all, o r  a s c e r ta in m e n t o f  m em b e rs  
p re se n t

R e ad in g  o f M in u tes  o f p rev io u s m e e tin g
R e p o rts  o f officers
R e p o rts  o f co m m ittees
E lec tio n s
U n fin ish ed  b u sin ess
N ew  b u sin ess
R u les o f p ro ced u re  a s  la id  dow n in  R o b e r t’s 

R u le s  o f  O rd er  sh a ll g o v e rn  such  p ro ceed in g s  
ex cep t a s  o th e rw ise  p rov ided .

[ 11]



A R T IC L E  X II I
A M E N D M E N T S

1. T h is  C o n s titu tio n  m a y  be am en d ed  by  a 
u n a n im o u s v o te  o f a ll m em b e rs  o f th e  B oard  
o f D ire c to rs  p re s e n t  a t  a  r e g u la r  m e e tin g  o r 
by  a  tw o - th ird s  (2 /3 )  v o te  o f  th e  m em b e rs  o f 
th e  B o a rd  o f D ire c to rs  p re s e n t  a t  tw o  (2 ) su c ­
cessiv e  m e e tin g s , r e g u la r  o r  sp ec ia l, n o tice  o f 
th e  p ro p o sed  ch an g e  o r  c h an g e s  to  be s e n t  ou t 
w ith  th e  n o tic e s  o f th e  m ee tin g s .

2. A n  a m e n d m e n t p ro p o sed  by  a  m a jo r i ty  
o f th e  p a id -u p  m em b e rs  o f a  B ra n ch  in  good 
s ta n d in g  m u s t  be  v o ted  u p o n  by  th e  B oard .

A R T IC L E  X IV  
N O T IC E  TO M E M B E R S H IP

W h en e v e r th e  p ro v is io n s  o f th e  s ta tu te s  of 
N ew  Y o rk  o r  th is  C o n s titu tio n  re q u ire  n o tice  
to  be  g iv en  to  th e  m e m b e rsh ip , such  n o tice  
sh a ll be g iv en  by  n o tify in g  th e  p re s id e n t o f 
each  B ra n ch  o f th e  A sso c ia tio n  by  m ail an d  
b y  th e  p r in t in g  o f th e  n o tice  in  th e  C ris is  o r 
o th e r  official o rg a n  o f th e  A sso c ia tio n , i f  any .

A R T IC L E  XV  
S C H E D U L E

T h is  C o n s titu tio n  becom es effec tive  w h en  
ad o p ted .

A d o p ted  J u ly  7, 1945 
A m en d ed  to  Ju n e , 1955

N ote  to  A R T . I I ,  Sec. 3 ( c ) ;  A R T . IX , Sec. 2 (a )
O n M ay 13, 1957, th e  B oard  of D ire c to rs  voted  to  in ­
te r p r e t  th is  ta b le  so as  to  m a k e  each  n u m e rica l c lass  in ­
c lusive  a t  i t s  u p p e r  l im it :  e .g .,  a  B ra n c h  o f 100 m em bers 
has  (2) vo tes  (o r  v o tin g  d e le g a te s ) ;  a  B ra n c h  o f 500 
m em bers  h a s  (3) vo tes (o r v o tin g  d e le g a te s ) ;  a n d  so on .

[ 1 2 ]



504

[fol. 621]
P laintiff’s E xhibit 3

(See Opposite)I®3



505

CONSTITUTION
and

BY-LAWS
for

BRANCHES
of the

N A T I O N A L  AS S O C I A T I O N  
FOR THE ADVANCEMENT  
OF  C O L O R E D  P E O P L E

20 West 40th Street 
New York 18, N. Y.

A pril, 1958



o«j!!|s»4 2 a



CONSTITUTION AND BY-LAWS 

FOR BRANCHES

of the

National Association for the Advancement of 
Colored People

A R T IC L E  I.

NAME AND OBJECT

T h e  nam e of th is  o rg an iza tio n  sha ll be 
the  (nam e o f c ity  or county) B ran ch  of 
the N a tio n a l A ssociation fo r th e  A d ­

vancem ent of Colored People.

Section 1 

Name

Section 2 T h e  .................
Object a constituent and

....... B ran ch  shall be
su b ord inate  u n it of

the  A ssociation, sub ject to the  g enera l 
au th o rity  an d  ju risd ic tio n  o f the  B oard  o f D irecto rs 
o f th e  A ssociation. I ts  objects sha ll be to prom ote 
th e  economic, po litica l, c iv ic  an d  social be tterm ent 
o f colored people and  th e ir  harm onious cooperation 
w ith  o ther peoples, in  conform ity  w ith  the  artic les 
of in co rpora tion  o f the A ssociation, its constitu tion  
and  by-law s, an d  as d irected  by the  B oard  of D i­
rectors o f the  A ssociation.



4  C o n s ti tu tio n  a n d  B y - L a w s  fo r  B ra n ch es

A R T IC L E  I I .

O F F IC E R S

Section 1 (a )  T h e  elective officers of the  B ranch
O ffice rs  be a P residen t, V ice-P residen t,

Secretary , an d  T re a s u re r ;  also, a t the 
option of the  B ranch , ad d itio n a l V ice-P residen ts 
an d  an A ssistan t Secretary. T h e  officers sha ll be 
elected as h e re in a fte r  p rov ided .

(b ) O ther Officers m ay  be C h a irm an  of the 
E xecu tive  C om m ittee, to be selected by sa id  Com ­
m ittee from  w ith in  its r a n k s ; an d  such p a id  officers 
(E xecu tive  Secretary , etc.) as budgets of la rg e r  
b ranches m ay  w a rra n t.

(c) P a id  officers sha ll be selected by the E xecu­
tiv e  Com m ittee.

(d )  E xecu tive  S ecretaries or o ther p a id  officers 
sha ll no t be m em bers of the  E xecu tive Com m ittee.

Section 2 T h e  du ties of the  P re sid en t sha ll be: 
P ro v id e n t  ( a ) T o  Preside a t m eetings o f the 

B ranch  and  to ac t as C h a irm an  o f  the 
E xecu tive  C om m ittee, unless the  E xecu tive Com ­
m ittee elects some o ther m em ber o f its  body to 
be ch airm an .

(b ) T o  ap p o in t all com m ittees not d irec tly  elected 
by the  B ran ch  or the  E xecu tive Com m ittee.

(c) B etw een m eetings of th e  E xecu tive Com ­
m ittee an d  the  B ran ch  an d  subject to the  ap p ro v a l 
thereof, to exercise g enera l executive au th o rity  on 
b eh a lf  of the  B ranch,

(d ) T o  perfo rm  such o ther functions and  exer­
cise such fu rth e r  duties as m ay  be voted  from  tim e 
to tim e by  the  B ran ch  or the  E xecu tive  C om m ittee.

(e) T o  coun tersign  all requisitions by th e  Sec­
re ta ry  fo r d isbursem ents from  the  B ran ch  treasu ry .

T h e  P re s id en t sha ll be ex-officio a m em ber o f all



o f  th e  N .  A .  A .  C .P . 5

com m ittees, except th e  N o m in a tin g  C om m ittee as 
p ro v id ed  in  A rtic le  IV , Section 4.

Section 3 T h e  duties o f th e  V ice-P residen t sha ll 
y  be to perfo rm  all the  duties o f the
p  ■, , P re s id en t in  h is absence o r d isab ility .

S1 In  case of m ore th a n  one V ice-P resi­
dent, the  V ice-P residen ts sha ll be d esignated  as 
first, second, th ird , etc., an d  sha ll p e rfo rm  th e ir  
duties acco rd ing  to  th e ir  n u m erica l rank.

S ec tio n 4  T h e  du ties o f the  S ecretary  sha ll be: 
„  , (a )  T o  ac t as Secretary  o f the
s e c r e t a r y  g ran c jj a n <j t i ,e E xecu tive Com m ittee, 
to g iv e  due notices o f all m eetings o f the  B ranch  
an d  the  E xecu tive  C om m ittee, to keep fu ll and  ac­
cu ra te  records o f the  p roceedings of the  B ranch  
and  of the  E xecu tive  Com m ittee an d  record the 
sam e in  a  m inu te  book or m inu te  books, p rov ided  
th a t  in  b ranches em ploy ing  a  p a id  staff, the  re­
sponsib ility  of g iv in g  the m em bership  due m eeting  
notice sha ll be d isch arg ed  by sa id  staff u n d e r the 
superv ision  o f th e  secretary .

(b ) T o  keep a record  o f all B ranch  m em bers 
an d  th e ir  dues, p ro v id ed  th a t  w h erev e r a  p a id  staff 
is em ployed such duties sha ll be d isch arg ed  by sa id  
staff u n d e r the  superv ision  o f the  secretary .

(c) T o  g iv e  receip ts fo r a ll m em bership  fees re ­
ceived an d  to tra n sm it such fees to the  B ranch  
T re a s u re r ;  to send p rom ptly  to the  N atio n a l Office 
lists of a ll m em berships re c e iv e d ; to secure from  
the  T re a s u re r  and  fo rw a rd  to th e  N atio n a l Office 
th a t  portion  of m em bersh ip  fees be long ing  to the 
N atio n a l Office.

(d )  T o  a id , coo rd inate  an d  in teg ra te  the  w ork  of 
the severa l com m ittees and  d iv isions o f the  B ranch , 
p ro v id ed  th a t  w h erev er an E xecu tive Secretary  is 
em ployed, such duties sha ll be d isch arg ed  by said  
E xecu tive Secretary.



6 C o n s ti tu tio n  a n d  B y - L a w s  fo r  B ra n c h e s

(e) T o  subm it repo rts to the  B ran ch  and  the 
E xecu tive  C om m ittee a t a ll re g u la r  m eetings, or 
w henever req u ired  by e ither body, covering  the 
sta tu s of the  B ranch  an d  its ac tiv ities since the date 
o f the  las t re p o rt;  to subm it to the  B ran ch  a t its 
an n u a l m eeting  an  an n u a l rep o rt on the  sta tu s and 
ac tiv ities o f the  B ranch , p ro v id ed  th a t  w h erev e r an 
E xecu tive  Secretary  is em ployed, such du ties shall 
be d isch arg ed  by sa id  E xecu tive  Secretary . A  copy 
of all reports by the S ecre tary  w hen  adop ted  by the 
B ran ch  shall be fo rw a rd e d  to the  N atio n a l Office.

( f)  T o  keep the  Secretary  of th e  N atio n a l A sso­
ciation  fo r the  A dv an cem en t o f Colored People in ­
fo rm ed  of a ll events affecting  the  in terests of 
colored people in the v ic in ity  o f th e  B ranch , and  to 
subm it to the  N atio n a l Office, w hen ev e r requ ired  by 
the  N atio n a l Office, a rep o rt on B ran ch  activ ities, 
p ro v id ed  th a t  w h erev e r an  E xecu tive  S ecretary  is 
em ployed, such duties sha ll be d isch arg ed  by said  
E xecu tive  Secretary.

(g )  In  conjunction  w ith  the  P resid en t, to sign 
requisitions fo r d isbursem ents from  th e  B ranch  
treasu ry  an d  to m a in ta in  a  file of receip ts fo r 
d isbursem ents.

T h e  Secre tary  sha ll be ex-officio a  m em ber of 
all com m ittees, except the  N o m in a tin g  Com m ittee as 
p ro v id ed  in  A rtic le  IV , Section 4.

Section 5 T h e  du ties o f th e  T re a s u re r  shall be: 
T rp p Q iirp r  ( a ) T o  receive a ll m onies o f the 

B ran ch  an d  p rom ptly  to deposit the 
sam e in  the  nam e of the B ran ch  in  a  separa te  
account or accounts in  a  responsible ban k  or tru st 
com pany. No m oney sh a ll be w ith d ra w n  from  any 
such account except on check signed by the  T re a s ­
u re r and  countersigned  by  the P residen t.

(b ) T o  act as chief financial officer of the B ranch



o f  th e  N .  A .  A .  C .P . 7

an d  C h a irm an  of the F inance  Com m ittee.
(c) T o  m ake au tho rized  d isbursem ents upon 

requisitions signed  by the  Secretary  an d  counter­
signed by the  P residen t. E ach  requ isition  sha ll recite 
the  am ount an d  purpose o f the  paym en t requested. 
E v ery  requ isition  in  the  am ount of one h u n d red  
d o lla rs  or m ore m ust fu rth e r  be ap p ro v ed  by the 
E xecu tive Com m ittee before p a y m e n t T h e  B ranch  
by reg u la tio n  m ay  requ ire  th a t requisitions in  sm aller 
am ount be ap p ro v ed  by th e  E xecu tive  Com m ittee.

(d )  T o  rem it th ro u g h  the Secretary  to the  N a ­
tional Office th e  p roportion  o f m em bership  fees to 
w h ich  the  N atio n a l Office is en titled , as h e re in a fte r  
p rov ided , w ith in  fifteen days a f te r  th e ir  receip t 
(A rtic le  V, Section 4 ) .

(e) T o  subm it repo rts to the  B ran ch  an d  the 
E xecu tive  Com m ittee a t a ll re g u la r  m eetings, or 
w henever req u ired  by e ither body, covering  the 
financial condition  of th e  B ran ch  show ing  receipts 
an d  d isbursem ents, o u ts tan d in g  accounts u n p a id  
since his las t re p o rt;  to subm it an  an n u a l repo rt of 
the  business o f h is office a t  the  a n n u a l m eeting  of 
the B ranch , to w h ich  shall be appended  a  sta tem ent 
signed  by the  P re s id en t an d  Secretary  th a t  all_ funds 
received by th e  B ranch  hav e  been listed  in  the 
T re a s u re r ’s repo rt. A  copy of a ll repo rts by the 
T re a su re r , w hen  adop ted  by the  B ranch , sha ll be 
fo rw a rd e d  to th e  N atio n a l Office.

T h e  B ran ch  m ay  req u ire  th e  T re a s u re r  to be 
bonded a t the  expense o f th e  B ranch .

T h e  du ties of the  C h a irm an  of the 
E xecu tive Com m ittee sha ll be :

(a )  T o  preside at all m eetings of 
the  E xecu tive Com m ittee.

(b ) T o  encourage an d  assist all 
com m ittees in  the developm ent o f th e ir

p rog ram s an d  the  perfo rm ance of th e ir  duties.

Section 6

Chairman 
of the 
Executive 
Committee



8 C o n s titu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

(c) T o  recom m end to the  E xecu tive  Com m ittee 
the  rem oval o f an y  d e lin q u en t cha irm en  of sta n d in g  
or special com m ittees.

(d )  T o  recom m end to cha irm en  of s ta n d in g  or 
special com m ittees the  rem oval o f d e lin q u en t m em ­
bers thereo f, an d  to in sis t th a t  sa id  cha irm en  im ­
m ed ia te ly  rep lace  such personnel so re lieved  of duty.

T h e  C h a irm an  of the  E xecu tive C om m ittee shall 
be ex-officio a  m em ber of a ll com m ittees, except 
the  N o m in a tin g  Com m ittee.

Section 7

Executive
Secretary
Section 4 (a )

T h e  duties o f the  E xecu tive  S ecretary  
sha ll be :

(a )  T o  g iv e  due notices of a ll m eet­
ings of the  B ran ch  as p ro v id ed  in 
of th is A rtic le .

(b ) T o  keep a  record  o f a ll B ranch  m em bers 
an d  th e ir  dues as p ro v id ed  in  Section 4 (b )  o f th is 
A rtic le .

(c) T o  send p rom ptly  to the  N atio n a l Office lists 
o f a ll m em berships rece iv ed ; an d  to secure from  
th e  T re a s u re r  an d  fo rw a rd  to the  N atio n a l Office 
th a t portion  of the  m em bership  fees b e long ing  to the 
N a tio n a l Office in  cooperation  w ith  the secretary .

(d )  T o  a id , coord inate  an d  in te g ra te  the w o rk  of 
the  severa l com m ittees an d  d iv isions of the B ranch.

(e) T o  m an ag e  the  B ranch  office an d  p a id  sta ff; 
an d  to superv ise  the  an nual m em bership  cam paign .

( f)  T o  in te rv ie w  co m p la in an ts; to act in  the 
nam e of the B ranch  on b e h a lf  of co m plainan ts w ith  
v a lid  g riev an ces ; to investig a te  in the  nam e of the 
B ran ch  reported  or alleged  or suspected d isc rim in a­
to ry  p ractices in  an y  phase of com m unity  l i f e ; to 
rep resen t the  B ran ch  a t v ario u s m eetings of o ther 
o rgan iza tio n s app ro v ed  by th e  E xecu tive  C om m it­
tee ; to lend the B ranch  to ac tive  cooperation  w ith



o f th e  N .  A .  A .  C. P . 9

such o ther o rgan iza tions as m ay  be app ro v ed  by 
the E xecu tive  C om m ittee; to d ischarge  such o ther 
duties as m ay arise  in the  prov ince of his ac tiv ity , 
or as m ay  be assigned by the  E xecu tive  Com m ittee.

(g ) T o  subm it reports of ac tiv ities of the  B ranch  
an d  the  E xecu tive C om m ittee a t a ll re g u la r  m eet­
ings, or w henever req u ired  by e ither bod y ; to 
subm it to the  B ran ch  a t its a n n u a l election m eeting  
an  an n u a l rep o rt covering  activ ities. A  copy of all 
repo rts w h en  adopted  by the  B ranch  sha ll be 
fo rw a rd e d  to the N atio n a l Office.

(h ) T o  keep the  Secretary  of the  N atio n a l Asso­
cia tion  in fo rm ed  of all events affecting  the  in terests 
of colored people in  th e  v ic in ity  o f the B ranch .

T h e  E xecu tive  Secre tary  is responsible to the 
B ranch , to the  E xecu tive  C om m ittee; an d  betw een 
m eetings of the  B ran ch  an d  the Com m ittee to the 
P residen t.

A R T IC L E  I I I .

COMMITTEES

Section 1 T h e  E xecu tive C om m ittee sha ll have
„  . ,.  g en era l control of the  affa irs o f the

x e c u  iv e  g ran c j1> subject to the au th o rity  o f the 
o m m i ee  g ran c jj an(j t0 f]je provisions of th is 

C onstitu tion . I t  sha ll consist of the  P residen t, F irs t 
V ice-P residen t, Secretary, T re a su re r , the C ha irm an  
of the  E xecu tive Com m ittee an d  the  C ha irm en  of 
the s ta n d in g  com m ittees o f th e  B ranch , the  P re si­
den t o f the Y outh  Council, the P re s id en t of College 
C h ap te r in  the sam e com m unity, the Senior B ranch  
A d v ise r in the  Y outh  Council, the  Senior B ranch  
A d v ise r of the Ju n io r  Y outh  Council, an d  such 
o ther m em bers to be elected a t  th e  an n u a l m eeting  
of the  B ranch  as the  B ranch  by by -law  m ay decide,



10 C o n s ti tu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

p ro v id ed  th a t  the  to tal m em bersh ip_ of the  E xecu­
tiv e  Com m ittee sha ll not exceed th irty -five   ̂except 
by  w ritte n  au th o riza tio n  o f the  B oard  of D irecto rs 
of the  A ssociation.

T h e  E xecu tive  C om m ittee shall ren d er a report, 
w h ich  sha ll con ta in  the  repo rts o f a ll s ta n d in g  and  
special com m ittees, to the  B ran ch  a t the  reg u la r  
m eetings of th e  B ran ch  an d  w hen ev e r o therw ise 
req u ired  by  the  B ranch .

T h e  fu rth e r  duties an d  pow ers of the  E xecu tive 
Com m ittee sha ll be:

(a )  A t its first m eeting  fo llo w in g  the annual 
election m eeting, to select a C ha irm an  of the 
E xecu tive  Com m ittee.

(b ) A t th is first m eeting, to crea te  the  v arious 
s ta n d in g  and  special com m ittees, the  C h a irm an  of 
each to be selected by the  P residen t, subject to the 
adv ice and  consent of the E xecu tive Com m ittee.

(c) T o  create  special com m ittees as needs arise.
(d )  T o  fill all vacanc ies in  B ran ch  offices or on 

com m ittees fo r the  unex p ired  term .
(e) T o  decide m atte rs  of B ranch  policy subject 

to endorsem ent by the B ran ch  an d  to accord w ith  
N atio n a l Office policy.

( f )  T o  appo in t, em ploy a n d  en ter in to  con tract 
w ith  pa id  employees of th e  B ran ch  subject only to 
em ploym ent procedure and  qualifications approved  
by the  N atio n a l Office.

Q U O R U M — T h e  quorum  of the  E xecu tive  Com ­
m ittee sha ll be determ ined  by th e  B ranch  bu t shall 
not be less th a n  one-th ird  of its to ta l m em bership.

Section 2 T h e  S tan d in g  C om m ittees of the 
B ran ch  sha ll be the  Com m ittees on 

Standing M em bersh ip , F inance, C om m unity 
Committees c oord ;n a tion , P ress an d  P ublicity , 
L egal Redress, L egislation , L abor an d  In d u stry ,



o f  th e  N .  A .  A .  C .P , 11

E ducation , E n te rta in m en t, Y outh  W ork , H ousing, 
an d  V eterans.

T h e  C om m ittees on F inance, P ress an d  Publicity , 
L abor and  In d u stry , Y outh  W ork , an d  V eterans, 
sha ll consist of not less th a n  th ree  nor m ore th a n  
seven m em bers.*

T h e  m em bers of all s ta n d in g  an d  special com­
m ittees, except the  N o m in a tin g  C om m ittee, sha ll be 
appo in ted  by  th e ir  respective C om m ittee C hairm en .

T h e  duties o f the  s ta n d in g  com m ittees sha ll be :

(a )  M E M B E R S H IP . T h e  M em bersh ip  C om m it­
tee sha ll w o rk  th ro u g h o u t th e  y ea r  to m a in ta in  an d  
increase the m em bership  o f the  A ssociation. I t  shall 
be responsible fo r d ra f t in g  p lan s an d  rec ru itin g  
w orkers fo r the  an n u a l m em bership  cam p aig n  and 
fo r o rg an iz in g  adequate  cam p aig n  m achinery . Be­
tw een  a n n u a l m em bership  cam paigns the  com m ittee 
sha ll seek to renew  old m em berships as th ey  expire 
an d  to secure n ew  m em bers.

(b ) F IN A N C E . T h e  F inance  C om m ittee, w hich  
sha ll consist o f the  P residen t, T re a su re r , an d  a t 
least one o ther m em ber, sha ll s tudy  the financial 
needs of the  B ran ch  an d  sha ll be responsible fo r 
d ra f t in g  an  ad equate  an n u a l budget. I t  sha ll in iti­
a te  fu n d  ra is in g  pro jects fo r special local and  
na tio n a l purposes w ith in  th e  scope of the  B ranch  
p rogram .

(c) PR E SS A N D  P U B L IC IT Y . T h e  P ress and 
P ub lic ity  Com m ittee sha ll end eav o r to secure p u b ­
lic ity  in  the local press fo r the  w o rk  of the  B ranch  
an d  th e  A ssociation. B y personal v isits  and  co rre­
spondence, it  shall a ttem p t to in terest ed ito rs in 
local conditions affecting  colored people and  in  the 
race question in  genera l.

I t  shall w a tch  ca re fu lly  the  pub lica tions of the

*  Amended by Convention June, 1956.



12 C o n s titu tio n  a n d  B y - L a w s  fo r  B ra n c h e s

com m unity  an d  rep o rt thereon  to th e  ap p ro p ria te  
com m ittee.

T h e  P ress an d  P u b lic ity  C om m ittee sha ll be re­
sponsible fo r fo rw a rd in g  to T H E  C R ISIS  items 
covering  B ran ch  ac tiv ities and  im p o rtan t local 
affairs. I t  shall also act as f a r  as possible as an 
agency fo r  the prom otion  and  sale o f T H E  C R ISIS .

N o pub lic ity  sha ll be released  by the  P ress and 
P u b lic ity  C om m ittee w ith o u t first b e ing  approved  
by the P re s id en t of the B ranch .

(d )  L E G A L  R E D R E S S . T h e  Legal R edress 
Com m ittee sh a ll inc lude  law yers w h ere  possible. I t  
sha ll in v estig a te  all cases repo rted  to it  fo r legal 
redress, consu lting  w h en  necessary w ith  the a tto r­
neys o f the  N atio n a l L egal C om m ittee, and  shall 
w a tch  over a ll litig a tio n  in  w h ich  the  B ranch  is 
in te re s te d ; and  keep the  B ran ch  E xecu tive Com ­
m ittee in fo rm ed  on the  p rogress o f every  case.

T h e  L egal R edress C om m ittee shall not g ive 
g en era l legal advice.

(e) L E G IS L A T IO N . T h e  L egislation  Com m ittee 
should  also inc lude  law yers w here  possible, and  if  
not, should  seek adv ice  from  m em bers of the 
N atio n a l L egal C om m ittee neares t to the  B ranch .

I t  sha ll exam ine the sta te  law s and  local o rd i­
nances fo r possibilities o f d isc rim ination , w ork  for 
be tte r an d  equal enforcem ent o f the  law s, sponsor 
beneficial leg isla tion  and  w ork  fo r the  repeal of 
d isc rim in a to ry  law s.

I t  sha ll keep the  E xecu tive  C om m ittee of the 
B ran ch  an d  the N a tio n a l Office p rom ptly  in form ed  
of a ll proposed leg isla tion  w hich  affects colored 
people specifically an d  m inorities generally .

T h e  L egislation  Com m ittee sha ll w ork  v e ry  closely 
w ith  the  L egal R edress Com m ittee of the  B ranch .

( f )  L A B O R  A N D  IN D U S T R Y . T h e  L abor and



o f th e  N .  A .  A .  C. P . 13

In d u stry  Com m ittee sha ll seek w ays and  m eans of 
im p ro v in g  the econom ic sta tu s of colored people in 
p a r tic u la r  and  of im p ro v in g  g enera l w ork in g  con­
ditions in industry , in  ag ricu ltu re , an d  in  F ederal, 
sta te  and  m u n ic ipal em ploym ent.

I t  sha ll induce the B ranch  m em bership  to jo in  
and  engage in the  ac tiv ities of responsible o rg a n ­
ized labo r unions and  shall prom ote com m unity 
action in support of f a i r  lab o r s ta n d a rd s  and 
practices.

T h e  L abor an d  In d u stry  Com m ittee objectives 
sha ll be:

(1) E lim in a tio n  o f: d isc rim in a to ry  em ploym ent 
practices in  in d u stry  an d  g overnm en t w h ich  result 
in  refusa l to h ire  colored w o rk ers ; w ag e  d ifferen­
tia ls  based on ra c e ; u nequal o p portun ities fo r 
tra in in g  and  p rom otion ; u n fa ir  d ism issa ls; and 
segrega tion  in  em ploym ent because of race.

(2) G re a te r  p a rtic ip a tio n  of colored persons in 
the tra d e  union m ovem ent.

(3 ) E n d in g  of segrega ted  locals, aux ilia rie s , and 
any o ther d isc rim in a to ry  p ractices in labor unions.

(4 ) Inclusion  of n on-d iscrim ina tion  clauses in 
sta te  an d  federa l law s p e r ta in in g  to the em ploy­
m ent of persons in  the execution of governm ent 
contracts.

(5) Jo in in g  w ith  lab o r unions fo r the enactm ent 
of leg islation  fav o red  by lab o r and  fo r the  rep ea l­
in g  of u n fav o ra b le  labor legislation .

(6 ) E x p an d in g  and  im p ro v in g  opportun ities fo r 
vocational t r a in in g  on the  basis of non-segregation .

(g )  E D U C A T IO N . T h e  C om m ittee on E ducation  
shall stu d y  local educational conditions affecting  
colored people. I t  shall aim  to be a  cen ter of 
p o p u la r  education  on the  race question an d  the 
w ork  of the N ational A ssociation. I t  shall seek to



14 C o n s ti tu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

stim u la te  a tten d an ce  of colored you th  in  schools 
an d  sha ll v is it the  schools so as to keep in form ed  
of conditions and  str iv e  to correct abuses w here  
found.

T h e  C om m ittee on E duca tio n  shall in vestiga te  
the pub lic  school system  an d  exam ine school boun­
daries. I t  sha ll become fa m ilia r  w ith  textbook 
m a te ria l used and  sha ll seek to elim inate  d e ro g a ­
to ry  m a te ria l from  textbooks; it  sha ll seek to 
elim inate  segregation , quo ta system s and  other 
d isc rim in a to ry  p rac tices in  p ub lic  schools.

(h )  E N T E R T A IN M E N T S . T h e  C om m ittee on 
E n te rta in m en ts  sha ll w o rk  v e ry  closely w ith  the 
C om m ittee on F inance  and  the  Com m ittee on E d u ­
cation  to prom ote en terta inm en ts th a t  w ill be both 
educational an d  financia lly  profitable. I t  sha ll hav e  
ch arg e  of en terta inm ents of such k ind as are  a p ­
p roved  by the  E xecu tive  Com m ittee.

( i)  Y O U T H  W O R K . T h e  C om m ittee on Y outh  
W o rk  sha ll consist o f the  Senior B ranch  A d v ise r  to 
the  Y outh  Council, the Senior B ranch  A d v ise r  to 
the Ju n io r  Y outh  Council, the  Y ou th  C ouncil P re s i­
dent, an d  the  Ju n io r  Y outh  Council P resid en t. T h e  
m em bership  of th is  C om m ittee m ay  be increased  by 
the  B ran ch  E xecu tive  C om m ittee to seven m em bers.

I ts  duties sha ll be to develop th e  youth  p rog ram  
of the B ran ch  an d  to coo rd inate  the p rog ram s of 
the senior and  youth  groups.

( j)  C O M M U N IT Y  C O O R D IN A T IO N . T h e  
Com m ittee on C om m unity  C oord ination  sha ll seek to 
enlist the  su p p o rt of o ther com m unity  o rgan iza tions 
on issues affecting  the  in terests of m inority  groups.

(k ) V E T E R A N S . T h e  C om m ittee on V eterans 
shall stu d y  conditions p e rta in in g  to v e te ran s in  the 
com m unity, sha ll fa m ilia r iz e  v eterans w ith  p ro ­



o f  th e  N .  A .  A .  C. P. 15

cedure to be fo llow ed  to ob ta in  loans, benefits, jobs 
an d  hosp ita liza tion  in local com m unities. I t  shall 
serve as a c lea rin g  house fo r com plain ts, counseling  
serv ice and  g enera l in fo rm ation  on v e te ran s’ law s, 
rig h ts  an d  benefits. I t  shall p rep a re  and d istrib u te  
m a te ria l a d v is in g  v eterans o f th e ir  w e lfa re  and  
shall serve as a lia ison  betw een b ran ch  and  local 
v e te ran s’ agencies, o rg an iza tio n s an d  governm ent.

T h e  fu rth e r  duties an d  pow ers o f the  V eterans 
Com m ittee sha ll be :

(1) T o  serve as a  cen ter o f in fo rm ation  on 
m ate ria l issued affecting  N egro  veterans.

(2 ) T o  se rv e  as a source of in fo rm atio n  to 
ve te ran s an d  th e ir  fam ilies seeking in fo rm ation  on 
governm ent agencies se rv in g  veterans.

(3 ) T o  receive an d  act on all v e te ran s’ com­
p la in ts re la tiv e  to d isc rim ination  on account of 
race, color or creed, o r den ia ls of benefits in  local 
a reas because o f d iscrim ination .

(1) H O U S IN G . T h e  C om m ittee on H ousing  shall 
stu d y  housing  conditions in local com m unities and  
shall c a rry  on a p ro g ram  in support o f slum  
clearance, u rb an  redevelopm ent and  the provision  
of adequate , sa fe  and sa n ita ry  housing, both by 
public  an d  p r iv a te  b u ild ing . I t  shall receive and 
ad ju s t com plain ts of d isc rim ination  in  housing, 
w h e th er pub lic  or p riv a te , and  shall oppose all 
restric tive  p ractices such as rac ia l restric tiv e  cove­
nan ts  and  d isc rim in a to ry  governm ent policies, and 
shall d issem inate in fo rm ation  an d  ren d e r o ther 
assistance fo r the  developm ent of m u tual housing  
an d  o ther cooperative housing  program s.

Section 3 M em bers of the  E xecu tive  Com m ittee 
Tenure shall hold office fo r one year an d  un til 

th e ir  successors are elected and  qualify , 
or un til such tim e as th e ir  conduct disqualifies them



16 C o n s titu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

fo r office an d  w a rra n ts  th e ir  rem oval as p rov ided  
in  Section 4.

Section 4  N on-fu n c tio n in g  com m ittees shall be 
T, i p rom ptly  d isch arg ed  by the E xecutive
R e m o v a l Com m ittee and , w here  necessary, new  
P ro c e d u re  a pp0;ntrnents m ad e  by the  E xecu tive 
Com m ittee fo r the  u nexp ired  term s or unfu lfilled  
purposes e ith er d irec tly  upon the in itia tiv e  o f the 
E xecu tive  C om m ittee or upon recom m endation  of 
the C h a irm an  of the  E xecu tive  C om m ittee or  of 
the P resid en t, i f  no E xecu tive  Com m ittee C h a irm an  
has been elected.

T h e  position of any  m em ber of the E xecu tive 
C om m ittee or o f any  s ta n d in g  or special com m ittee 
w ho sha ll be absent from  th ree consecutive m eet­
ings of the  C om m ittee, w ith o u t notice or ex p lan a ­
tion  to th e  C om m ittee, or w ho shall not perform  
requ ired  du ties fo r th ree  consecutive m onths, shall 
be d eclared  v acan t by the  E xecu tive  C om m ittee. A  
m em ber o f any  s ta n d in g  or special com m ittee m ay 
be d irec tly  rem oved by h is ch a irm an  fo r dereliction  
o f duty.

A R T IC L E  IV .

ELECTION OF OFFICERS AND 

EXECUTIVE COMMITTEE

Section 1

Organiza­
tion Meet­
ing (New  
Branch)

T h e  officers and  E xecu tive Com m ittee 
elected a t the  o rg an iza tio n  m eeting  of 
the  B ranch  sha ll hold office until 
th e ir  successors a re  elected an d  q u a l­
ify , unless rem oved fo r derelic tion  of 
duty.



o j th e  N .  A .  A .  C. P . 17

Section 2 A ll those w ho  s ig n ify  th e ir  in ten tion  of 
becom ing ch a rte r  m em bers of th e  B ranch  
and  th e ir  endorsem ent o f the  aim s an d  
purposes of th e  N a tio n a l A ssociation  fo r 
the  A dvancem en t o f C olored People and 
w ho h av e  p a id  the  p rescribed  fees shall 

be en titled  to vote a t th e  o rg an iza tio n  m eeting  and  
to be elected to office.

Eligible
Voters
(New
Branch)

Section 3 

Annual
T h e re a fte r , a ll officers an d  the E xecu­
tiv e  Com m ittee sha ll be elected by ballo t 

t „ „  a t each an n u a l m eeting  o f the B ranch  
M e e t in g  ancj sj-,au  hold  0fgce f or one year and  
un til th e ir  successors a re  elected an d  qualify .

Section 4
Nominating
Committee

(a )  A t the  O ctober m em bership  
m eeting  of the  B ran ch  there sha ll be 
elected a N o m in a tin g  Com m ittee com­
posed o f  not less th a n  five n o r m ore 

th an  fifteen m em bers, w ho sha ll hav e  been m em bers 
of the B ranch  in  good s ta n d in g  a t least th ir ty  (30) 
consecutive days p rio r to the  O ctober m ee tin g ;*  
p rov ided  th a t  no m ore th a n  tw o m em bers of the 
N o m in a tin g  C om m ittee sha ll be an  officer o f the 
B ranch  or m em ber of the  E xecu tive  Com m ittee.

T h is  Com m ittee w ill p rom ptly  meet, elect a C h a ir ­
m an  and  it sha ll in te rv ie w  qualified persons to be 
nom inated  as can d id a tes  fo r B ranch  offices.

T h e  rep o rt of the  N o m in a tin g  C om m ittee, con­
sis ting  of nom inations of qualified  persons to fill 
the  ex isting  B ranch  offices, an d  the m em bers of the 
E xecu tive Com m ittee fo r the  ensu ing  year, sha ll be 
m ade in  w r itin g  to the  N ovem ber m em bership m eet­
in g  of the B ranch .

A t sa id  N ovem ber m em bership m eeting  o f the 
B ranch , ad d itio n a l nom inations m ay  be m ade for 
all offices and  m em bership  on the E xecu tive Com ­
m ittee by w ritte n  petition  signed  by th ree  o r m ore 
m em bers of the  B ranch  in  good s ta n d in g  as of

*  Amended, by Convention June, 1956.



18 C o n s ti tu tio n  a n d  B y - L a w s  fo r  B ra n c h e s

th ir ty  days p rio r  to sa id  m eeting. No one shall be 
nom inated  w ith o u t first o b ta in in g  his o r her w ritte n  
or o ra l consent.

A fte r a ll nom inations sha ll have  been m ade, the 
B ran ch  a t sa id  N ovem ber m eeting  w ill then  elect 
an  election superv iso ry  com m ittee to consist of th ree  
m em bers of the B ran ch  in  good stan d in g . I t  shall 
be the du ty  of th is special com m ittee to cause to be 
e ither p rin te d , m im eographed , o r typew ritten , a 
com plete ba llo t co n ta in in g  the  correct nam es o f all 
persons thus nom inated . T h e  ballo t, so p rep ared  
u n d er the  superv ision  o f sa id  special com m ittee, 
sha ll be the  only  ballo t to be used on the  election 
d ay  a t the A n n u a l E lection M e etin g  o f the  B ranch .

(b ) In  case a N o m in a tin g  C om m ittee is not 
elected, o r neglects o r fa ils  to ren d e r a report, all 
nom inations sha ll be by petition  a t the  N ovem ber 
m eeting  as p ro v id ed  above.

(c) A t least seven days w ritte n  notice, s ta tin g  
tim e, place an d  purpose sha ll be sent to each m em ­
ber of the  B ran ch  in  good s ta n d in g  p rio r  to the 
O ctober an d  N ovem ber m eetings of th e  B ranch .

Section 5 A ll officers and  the  E xecu tive C om m it- 
tee sha ll be elected by secret ba llo t at 

M e th o d  eack -Annual E lection  M eetin g  o f the 
B ran ch  an d  sha ll hold  office fo r one year 

and  un til th e ir  successors a re  elected an d  qualify , 
unless rem oved fo r derelic tion  o f duty , sub jec t to 
the provisions of A rtic le  I I I ,  Section 3. U pon proof 
of qualification , elig ib le voters shall receive and 
sign  fo r one ballo t each an d  thereupon  im m ediately  
proceed to vote secretly.*

No Officer of the B ranch , nor an y  can d id a te  fo r 
office, sha ll occupy the c h a ir  a t an n u a l election 
m eetings.

T h e  nam es o f th e  v ario u s can d id a tes  fo r office 
shall be c lea rly  announced or posted in  a place

*  Amended by Convention June, 1953. Approved by National 
Board Oct. 13, 1953.



o f  th e  N .  A .  A .  C .P . 19

visib le  to a ll p resen t a t the  an n u a l election m eeting.
T e lle rs  to count the  ballo ts sha ll be appoin ted  

in  equal num ber by the  can d id a tes  fo r office of 
P residen t. No Officer o f the B ranch , nor any  can ­
d id a te  fo r office, sh a ll serve as teller.

T h e  num ber o f elig ib le  v o tin g  m em bers sha ll be 
established before v o tin g  begins an d  such m em bers 
sha ll be seated  a p a r t  from  o ther persons present.

V oting  sha ll be by  secret ba llo t an d  sha ll com­
m ence not la te r  th a n  tw o  hours a f te r  the  announced 
tim e of the  m eeting .*  W h en  b a llo tin g  commences 
the doors o f th e  place of m eeting  sha ll be closed to 
ta rd y  m em bers, an d  sha ll not be opened un til a f te r  
the  rep o rt o f te lle rs has been m ade.

Section 6 A ll m em bers w ho a t least th ir ty  (30)
P I ’ 'h lo  days p rio r to the  A n n u a l E lection
V o te r s  M eetin g  h av e  p a id  the p rescribed  fees 

to the  B ranch , an d  a ll whose m em ber­
ships h av e  been tra n sfe rre d  to the  B ran ch  from  
the N atio n a l Office sha ll be en titled  to vote a t sa id  
m eeting  an d  to be elected to office.

T h e re a fte r , all m em bers w ho  a re  in  good sta n d ­
in g  by noon of the  d ay  of any  m eeting  of the 
B ran ch  no t an  A n n u a l E lection  m eeting, sha ll be 
en titled  to vote a t th a t  m eeting  an d  to hold  office 
in  the  B ranch .

Section 7 In  the  even t o f election controversy, all 
P I  e t 'n n  Pa r t ies there to  sha ll subm it com plain ts 
p  e  . 1 to the N ational Office in w r itin g  w ith in  

" five days from  date  o f the election m eet- 
* ing . Copies of com plain ts w ill be sub­

m itted  to the  B ranch  by the  N ational Office. Should 
such com plain ts, in the opinion of the N ational 
Office, w a r ra n t  intercession, a  new  election m ay  be 
o rdered  by the B oard  o f D irec to rs to be held  not 
la te r  th an  th ir ty  days in  w h ich  case a N ational 
Officer or person d esignated  by the N atio n a l Office

*  Amended by National Board of Directors, Sept., 1948.



20 C o n s titu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

sha ll p reside. T h e  d esignated  p res id in g  officer shall 
o rder the  procedure o f the  ca lled  election m ee tin g ; 
and  the resu lts o f th e  election thus superv ised  shall 
be accepted as final by all con troversia l parties 
thereto , an d  by the  B ranch .

In  the even t the  N atio n a l Office decides to in ­
te rv en e  in  a  contested election fo r the  office of 
P resid en t, Secretary , or T re a su re r , upon receip t of 
notice to th a t  effect by m ail or o therw ise, no officer 
of the  B ran ch  sha ll d isburse fun d s from  the B ranch  
tre a su ry  unless o therw ise in stru c ted  by the  N ational 
Office p en d in g  se ttlem ent of the  controversy.

Section 8 T h e  r ig h t to vote is personal and  m ay 
Right to not be exercised by proxy.
Vote

A R T IC L E  V.
MEMBERSHIP AND DUES

Section 1 A n y  person w ho  is in  accordance 
M p m W a li in  w ith  the  p rincip les an d  policies o f the 

A ssocia tion ! m ay become a  m em ber of 
the B ran ch  in  accordance w ith  the  artic les of inco r­
po ra tion  an d  the  constitu tion  an d  by-law s of the 
A ssociation by p ay in g  an n u a lly  in  ad v ance  a fee of 
a t least T w o  D o lla rs .* * M em bersh ip  in  th e  B ranch  
sha ll include m em bership  in  the N a tio n a l A ssociation.

Section 2 A n y  person p ay in g  an  an n u a l m em ber- 
THE ship  three do llars a n d  fifty  cents or 
C R T c iq  m ore shall be en titled  to receive T H E  

C R IS IS  w ith o u t fu rth e r  ch arge  fo r one
year.*
Section 3 M em bers of the  N atio n a l A ssociation 
Membership in .S00lJ stanjm g  w here  branches are 
in Branch being  form ed, or w ho  establish  per­

m an en t residence in  a com m unity  
w here in  a b ran ch  is in existence, m ay  affiliate w ith

t  Amended, by National Board of Directors, Sept., 1950.
* Amended by National Board of Directors, Sept., 1948.



o f  th e  N .  A .  A .  C . P . 21

the  local B ranch  an d  be en titled  to vote upon 
p resen tin g  sa tis fac to ry  evidence o f th e ir  m em ber­
ship . T h e y  sha ll not be assessed an n u a l m em bership  
fees by the  B ranch  un til the exp ira tio n  of the 
an n u a l m em bership  fo r w hich  they  hav e  paid .

Section 4 T h e  B ranch  sha ll rem it to the T re a s -  
TV ' 'm i u re r  th e N atio n a l A ssociation the 

lv is t  N a tio n a l Office’s share  of all m em ber- 
°  eeS ship fees w ith in  fifteen days of th e ir  
receipt, in  the fo llo w in g  proportions, an d  m ay  re ­
ta in  the b a lance  in  its tre a su ry  fo r local pu rpose:

(a )  M IN IM U M  S E N IO R  M E M B E R S H IP  (fo r 
persons tw enty-one years of age or over) $2.00; to 
N ational Office $1.00; local trea su ry  $1.00.*

(b) M I N I M U M  S E N IO R  M E M B E R S H IP  
W I T H  C R ISIS  ( fo r  persons tw enty-one years of 
age o r over) $3.50; to N atio n a l Office $2.50; local 
trea su ry  $1.00.*

(c) B L U E  C E R T I F I C A T E  M E M B E R S H IP  
$5.00; to N atio n a l Office $3.50; local trea su ry  $1.50.

(d ) G O L D  C E R T IF IC A T E  M E M B E R S H IP  
$10.00; to N a tio n a l Office $6.00; local trea su ry  
$4.00.

(e) Y O U T H  M E M B E R S H IP  (fo r  persons u nder 
17 years of age) $0.50; to N atio n a l Office $0.25; 
local trea su ry  $0.25.

( f)  Y O U T H  M E M B E R S H IP  W I T H  C R ISIS  
(fo r  persons u n d er 17 years o f age) $2.00; to 
N atio n a l Office $1.75; local trea su ry  $0.25.

(g ) E ach  m em bership , con tribu tion  o r donation  
of $5.00 or m ore, sha ll be d iv id ed  as fo llow s:

(1) $2.00 to the N atio n a l Office to cover ac tual 
cost of T H E  C R ISIS  and  o ther na tional 
lite ra tu re  re g u la rly  received by such m em ­
bers.

(2) T h e  balance  in excess of $2.00 to be

*  Amended by National Board o f Directors, Sept. 13, 1948.



22 C o n s ti tu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

d iv id ed  equally  betw een the  so liciting  
B ran ch  and the  N atio n a l Office.

Section 5 (a )  L IF E  M E M B E R S H IP  of $500 or
T ifp  M aiti m ore shall be d iv id ed  as fo llow s: 
i / •  ~ th ree-fifth s ($300.00) to the  N ational

^  Office, tw o-fifths ($200.00) to the 
B ranch , p ro v id ed  the  L ife  M em bersh ip  is solicited 
th ro u g h  the  local B ranch .*
J u n io r  (b ) JU N IO R  L IF E  M E M B E R S H IP
L ife  of $100 fo r ch ild ren  tw elve  (12)
M e m b ersh ip  years of age and  under, shall be 

d iv id ed  as fo llow s: th ree-fifths
($60.00) to the  N atio n a l Office, twro-fifths ($40.00), 
to the B ranch , p ro v id ed  the  Ju n io r  L ife M em ber­
ship  is solicited th ro u g h  the  local B ranch.**

(c) T h e  B ranch  m ay  use its share  of the  L ife 
M em bersh ip  and  Ju n io r  L ife  M em bersh ip  fo r local 
purposes w h erev er and  w h eneve r needed.***
Section 6 W h e re v e r the B ran ch  comes w ith in  the 
State and 3uriBdiction o f a sta te  or reg ional eon- 
o  • i ference, assessm ents on the  B ranch  fo r 
. ^  support o f the conference shall be paid

, in to  the  N atio n a l Office and  tran sm itted  
by the  N atio n a l Office to the  tre a su ry  

of the sta te  o r reg ional conference. T h e  am ount of 
such assessm ents shall be d eterm ined  by the  sta te  
or reg ional conference writh  the ap p ro v a l of the  
N ational B oard  of D irectors.

T h e  N atio n a l Office w ill m atch  local assessm ent 
fo r S tate  C onferences; p ro v id ed  th a t  the N ational 
Office assessm ent sha ll not exceed ten  cents (10^) 
per m em ber w here  the  B ranch  assessm ent is ten 
cents (10^) or m ore p er m em ber; and  p rov ided  
fu rth e r  th a t  the N atio n a l Office receives w ritte n  re ­
quest fo r such paym ent from  the S tate  C onference.*

*  Amended by National Board of Directors, Sept. 8, 1947.
* *  Established by National Board of Directors, June 26 and 

Sept. 9, 1957.
* * *  Amended by Convention June, 1956.



o f  th e  N .  A .  A .  C. P . 23

O th e r
F u n d s

Section 7 T h e  net proceeds o f each en te rta in m en t 
or fu n d -ra is in g  effort by a b ranch  shall 
be d iv id ed  equally  betw een the  B ranch  
and  the  N atio n a l Office, unless w ritte n  

perm ission is ob ta ined  from  the  N atio n a l Office for 
some d ifferen t d iv is io n ; p rov id ed , th a t  the  en tire  
net proceeds o f any  fu n d -ra is in g  effort fo r exclu­
sive ly  na tio n a l purposes shall be tran sm itted  to the
N atio n a l Office.

A  financial rep o rt of all such en terta inm en ts and 
ac tiv ities shall be rendered  to the B ranch , the 
N ational Office an d  the  public.

A R T IC L E  V I. 
M E E T IN G S

R e g u la r  m eetings of the  B ran ch  shall be 
held  a t least once a m onth, and  such 
o ther pub lic  or special m eetings as m ay 
be requ ired . R e g u la r m eetings sha ll be 

fixed d ay  or d a te  of each m onth.
T h e  A n n u a l E lection  M eeting , w hich  
m ay coincide w ith  the  re g u la r  m eeting 
of the B ranch , sha ll be held betw een 
N ovem ber 1 an d  D ecem ber IS, unless 
the  tim e of the m eeting  is ch anged  w ith  

the w ritte n  ap p ro v a l of the  N ational Office.
Section 3 W ritte n  notice o f tim e an d  place of the 
„  . A n n u a l E lection M eetin g  sha ll be sent
N o tic e  j-,y the Secretary , a t least seven (7)
days p rio r to the  d a te  o f th e  M eeting , to each 
m em ber o f the B ranch  in good stand ing .

N otice of the  re g u la r  m onth ly  or special m eetings 
shall be sent to each m em ber in good s ta n d in g  in 
w ritin g , or pub lished  in  some local new sp ap er of 
adequate  circu lation .

Section 1
R e g u la r
M e e t in g s

held  on a 
Section 2

A n n u a l
E le c t io n
M e e t in g

Section 4
S p e c ia l
M e e t in g s

Special m eetings m ay  be called  a t any 
tim e an d  place on th ree  days’ w ritte n  
notice to a ll m em bers by d irection  of the 
P residen t, or of an y  th ree  m em bers of



24 C o n s ti tu tio n  a n d  B y - L a w s  fo r  B ra n c h e s

the E xecu tive  C om m ittee ; o r on fa ilu re  of these to 
act, by any  ten  m em bers o f the  B ranch .

T h e  E xecu tive  Com m ittee sha ll m eet 
a t least once a m onth a t such tim es 

C  m m 't t e  a n t  ̂ P 'aces as ** m ay  determ ine. Spe-

Section 5 

Executive
cia l m eetings of the  E xecu tive  Com ­

m ittee m ay  be ca lled  by the  P residen t, the  C h a irm an  
of the  C om m ittee, the  S ecretary , o r by tw o  m em bers 
o f the  C om m ittee, on tw o  days’ w ritte n  notice. 
Section 6
Standing 
Committees

T h e  S tan d in g  C om m ittees sha ll m eet 
re g u la rly  once a  m onth  a t places they  
m ay  determ ine.

T h e y  sha ll in fo rm  th e  C h a irm an  
of the E xecu tive C om m ittee an d  the  P residen t, if  
no C h a irm an  of the  E xecu tive C om m ittee is elected, 
o f the  tim e an d  place of m eeting.

Special m eetings m ay be ca lled  by the cha irm an  
or by tw o  m em bers on tw o  days’ w ritte n  notice. A ll 
s ta n d in g  com m ittees sha ll rep o rt each m onth to the 
E xecu tive  C om m ittee a t  its  re g u la r  m eeting.
Section 7 In  the  even t a  quorum  is not presen t
A d im irn o d  a t  anL reS u Ia r  o r special m eeting  of 
M e e t in g s  t *le ®ra n c ^  or com m ittee o f the  B ranch , 

8  those p resen t a t the tim e an d  place 
announced fo r sa id  m eeting, m ay  a d jo u rn  th e  sam e 
from  tim e to tim e to a day, hour an d  place certa in , 
and  w ith o u t fu r th e r  notice a ll business w h ich  m igh t 
la w fu lly  hav e  been tran sac ted  a t the  o rig in a l m eet­
in g  m ay  be tran sac ted  a t th e  ad jo u rn ed  m eeting.

A R T IC L E  V II. 
Q U O R U M

T h e  n um ber of m em bers necessary  to constitu te 
a quorum  at all m eetings sha ll be decided upon by 
a resolu tion  adopted  by th e  B ranch .

A R T IC L E  V III .
O R D E R  O F  B U S I N E S S

U nless a lte red  or suspended  a t an y  m eeting  by a 
m a jo rity  of the m em bers p resent, the fo llow ing



o f th e  N .  A .  A .  C . P . 25

sha ll be the o rd e r  of business a t m eetings of the 
B ra n c h :

A scerta inm en t of m em bers presen t 
R e ad in g  of m inu tes o f p rev ious m eeting  
R eports of officers 
R eports of com m ittees 
E lections
U nfin ished business 
N ew  business

R ules of procedure as la id  dow n in  R obert’s 
R ules of O rd e r sha ll g overn  th e  B ran ch  except as 
otherw ise h ere in  p rov ided .

A R T IC L E  IX .
REMOVAL OF OFFICERS

Section 1 I f  a B ran ch  fa ils  to rep o rt to the  N a- 
t> . tional Office fo r  a  period  o f fo u r con- 
5  ... secutive m onths, the  N atio n a l B oard  of
t at mg D irecto rs m ay  declare  any  or a ll o f the
to Keport 0fjjces q£ th e B ran ch  v a c a n t an d  o rder 
a new  election.

N otice o f rem oval sha ll be sent to th e  P residen t, 
Secretary , an d  T re a s u re r  o f the  B ran ch  by reg is­
te red  m ail a t th e ir  las t addresses on file in  the 
N ational Office an d  sha ll be pub lished  in  the  official 
o rg an  of the  N atio n a l A ssociation. Im m ed ia te ly  
upon the  serv ice o f notice by the  N atio n a l Office, 
the  officers sha ll pe rfo rm  no official act and  shall 
hold a ll records and  m onies o f the  B ranch , subject 
to the  disposition  of the  N atio n a l Office.
Section 2 T h e  N atio n a l B oard  of D irec to rs upon 

sa tis fac to ry  evidence th a t  th e  officer is 
g u ilty  of gross neg lect of h is official 
duties, o r of such conduct as would 
be in im ical to the  best in terest of the 

N atio n a l A ssociation fo r the  A dvancem en t of C ol­
ored People o r o f th e  B ranch , sha ll in s tru c t the 
E xecu tive  Com m ittee to declare  such office v acan t 
an d  hold  a new  election by the B ran ch  fo r said

Neglectful 
and Unfit 
Officers



26 C o n s ti tu tio n  a n d  B y - L a w s  fo r  B ra n c h e s

office w ith in  th ir ty  days. I f  sa id  E xecu tive  Com ­
m ittee fa ils  or neglects to rem ove sa id  officers 
w ith in  th ir ty  days, the  N a tio n a l B oard  of D irecto rs 
m ay  declare  such office v acan t an d  conduct a  new  
election.

T h e  charges ag a in s t the  officer m ust be p re fe rred  
in  w ritin g  an d  signed  by the  person or persons 
m ak in g  the  same, an d  fo rw a rd e d  to the N atio n a l 
Office. Im m ed ia te ly  on receip t of the  same, the 
S ecre tary  o f the  N atio n a l A ssociation  sha ll fo rw ard  
a  copy of the  charges by reg istered  m ail to the 
officer a t his las t add ress on file in  the  N atio n a l 
Office. N o action  sha ll be tak en  on the  charges until 
fifteen days a f te r  the  copy should  h av e  reached  the  
officer by o rd in a ry  course of post. H e sha ll be 
en titled  w ith in  the  fifteen days to file w ith  the 
N atio n a l Office his answ er in  w r itin g  to the  charges. 
T h e  N a tio n a l B oard  of D irec to rs reserves th e  r ig h t 
to h ea r  an d  act on the  charges an d  defense of 
w ritte n  sta tem ent, affidav it o r o ra l testim ony  as in  
its ju d g m en t ju stice  m ay  requ ire .

N otice of the  findings an d  action  o f th e  B oard  
sha ll be sent to the  officer by reg istered  m ail a t 
his last add ress on file in the  N atio n a l Office and, 
in the d iscretion  o f th e  B oard  o f D irecto rs, p u b ­
lished  in  the  official o rg an  of the  N atio n a l A sso­
ciation . Im m ed ia te ly  upon the en try  o f the  N ational 
Office in to  the  m atte r, the  officer sha ll pe rfo rm  no 
official act an d  sha ll ho ld  a ll records an d  m onies 
of the  B ran ch  sub ject to th e  disposition  of the 
N a tio n a l Office.

A R T IC L E  X.
SUSPENSION AND REVOCATION 

OF CHARTER
Section 1

Suspension
and
Revocation

T h e  C h a rte r  o f  au th o rity  received by 
the  B ran ch  upon its  adm ission  to the 
N atio n a l A ssociation fo r the  A d v an ce ­
m ent of Colored People, m ay  be 
suspended  or revoked by the  B oard  of



o f  th e  N .  A .  A .  C. P . 27

D irecto rs of th e  A ssociation w hen ev e r the  B oard  
shall deem  it  fo r th e  best in terest of the  A ssocia­
tion, p ro v id ed  how ever th a t  a fu ll h ea rin g  on 
charges be held  before the  N atio n a l B o ard  o f 
D irectors, a t w h ich  the  B ranch  m ay  be represen ted  
by person or persons of its choice. Such revocation  
shall not in v a lid a te  the  m em bership  o f any  m em ­
ber of th e  B ran ch  in  the N atio n a l A ssociation.

Section 2 N otice of the  findings and  action of 
Notice of t l̂e ®o a rd sha ll be sent by the  Sec-
Suspension re ta ry  of the  A ssociation, by reg istered

m ail, to  th e  P re s id en t an d  S ecretary  
of the  B ranch , an d  m ay be pub lished  in  the  official 
o rg an  of th e  N atio n a l A ssociation. In  case the  
C h a rte r  of the  B ran ch  is suspended or revoked 
upon receip t o f notice by the  P re s id en t o r Secretary  
by m ail, pub lica tion , or o therw ise, the  B ran ch  shall 
cease to function  an d  the  officers sha ll fo rth w ith  
fo rw a rd  a ll records, p ro p erty  an d  m onies o f the 
B ran ch  to the  N atio n a l Office w h ere  the  sam e m ay 
be ap p lied  in  its  d iscretion  fo r th e  benefit o f the 
com m unity w h ere in  the  B ranch  w as located.

A R T IC L E  X I.

BY-LAWS
W ith  the w ritte n  app ro v a l of the  N atio n a l B oard  

o f D irecto rs p rev iously  obtained , a  B ranch  m ay  
ado p t or am end  B y-L aw s not inconsistent w ith  th is 
constitu tion  o r the  constitu tion  of the  A sso c ia tio n ; 
P ro v id ed , th a t  (1) notice in w ritin g  of the  p ro ­
posed am endm ent sha ll be g iv en  to all m em bers at 
least seven days p rio r  to the  m eeting  a t w hich  the 
sam e is to be acted u p o n ; or th a t  (2 ) the  proposed 
am endm ent sha ll be ap p ro v ed  a t tw o  successive 
reg u la r  m eetings of the B ranch .

T h is  constitu tion  m ay be am ended  by  a tw o-



28 C o n s ti tu tio n  a n d  B y -L a w s  fo r  B ra n c h e s

th ird s  vote o f an y  A n n u a l C onvention  o f the  A sso­
ciation , p ro v id ed  the proposed am endm en t be 
su bm itted  to the  B o a rd  o f D irec to rs o f the  A sso­
c iation  a t  least s ix ty  days p rio r  to th e  convention  
an d  the  Secre tary  sha ll pub lish  sam e in  the  official 
bu lle tin  o f the  A ssociation.

A R T IC L E  X II .

A U T H O R IZ E D  C O M M IT T E E S

G roups of seven or m ore in d iv id u a ls  in com ­
m unities too sm all to m a in ta in  a b ran ch  of the 
A ssociation m ay  be au th o rized  by  th e  B oard  of 
D irec to rs to w o rk  as A u th o rized  C om m ittees of the 
N atio n a l A ssociation  fo r th e  A dv an cem en t of 
Colored People c a rry in g  ou t its purposes an d  ob­
jects an d  ra is in g  fu n d s fo r its su p p o rt as does a 
B ranch , sub ject to such ru les an d  regu la tions as the 
N atio n a l B o a rd  o f D irec to rs m ay  enact.

I t  sha ll receive from  th e  N atio n a l Office a  C er­
tificate of A u tho rity .

A R T IC L E  X I I I .

Y O U T H  C O U N C IL S  A N D  

J U N I O R  Y O U T H  C O U N C IL S

Section 1 B ranches o f the  A ssociation m ay  or- 
Y o u fh  g an ize  Y outh  C ouncils an d  Ju n io r  Y outh  
Councils C ouncils w h ich  sh a ll be su b ord inate  to 

the E xecu tive  C om m ittee an d  u n d er the 
im m edia te  superv ision  of the  Y outh  W o rk  Com ­
m ittee.

Section 2 T h e re  shall be a Senior A d v ise r to the 
A d v iso r  Y outh  C ouncil an d  a Senior A d v ise r  to 

the  Ju n io r  Y outh  C ouncil in  conform ity



o f th e  N .  A .  A .  C. P . 29

w ith  the rules o f the  A ssociation. T h e  A d v ise r 
m ust be a  m em ber o f the Senior B ran ch  or a 
m em ber a t la rg e  o f the  A ssociation.

Section 3 N ot m ore th a n  th ree  nam es sha ll be
q  i (.• sent by the  Y outh  C ouncil to the
o f  A d v iso r  Senior B ran ch  o f persons w h ich  the 

g roup  feels w ill w ork  best w ith  them  
as A dv ise r. T h e  Senior B ran ch  m ust select from  
the subm itted  nam es the  A d v ise r  to the  Y outh  
Council.

Section 4  Y outh  C ouncils are  c lea rly  subor-
Branch-Youth t0 B ranches in ->0:fa r as they
Council in itia te  p ro g ram s an d  procedures
Relatinnshin not p rev iously  app roved  by actiontieiationsmp of thg N a tio n a l B oard  of D irectors
or by resolu tion  passed  a t N atio n a l C onventions of 
the A ssociation.

Y outh  Councils m ust secure p rio r  ap p ro v a l of the 
E xecu tive C om m ittee o f the  B ran ch  before en g ag in g  
in  p rojects in v o lv in g  litig a tio n  o r legislation .

Section 5

Branch-Youth
Council
Controversies

W ith in  fifteen (15) days a f te r  a 
controversy  arises betw een a Y outh  
C ouncil an d  a  Senior B ranch , the 
senior adv iser, the  p residen ts and  
secre taries o f both  un its sha ll p re ­

p are  an d  fo rw a rd  signed  rep o rt (s) to the  executive 
secre ta ry  of the A ssociation  fo r a rb itra tio n , decision 
or re fe rra l to the  ap p ro p ria te  reg ional office or sta te 
conference fo r in v estig a tio n  an d  o ther action.

R espective parties sha ll send copies o f all reports 
subm itted  by them  to sta te  conference or reg ional 
office an d  to the o ther p a r ty  to the  controversy. T h e  
o rig in a l rep o rt to the  executive secre ta ry  sha ll con­
ta in  a sta tem ent th a t  copies hav e  been fo rw ard ed  
as p ro v id ed  above.*

* Amended by Convention June, 1953. Approved by National 
Board Oct. 13, 1953.



30 C o n s ti tu tio n  a n d  B y - L a w s  fo r  B ra n ch es

A R T IC L E  X IV .

W O M A N ’S  A U X IL IA R Y

B ranches o f th e  A ssociation  m ay  o rg an ize  a 
W o m an ’s A u x ilia ry  sub ject to the  control o f the 
E xecu tive C om m ittee an d  to such ru les an d  re g u la ­
tions as the N a tio n a l B o ard  of D irec to rs m ay  enact.

A R T IC L E  XV.

Section 1 N o indebtedness or o b liga tion  sha ll be
M in cu rred  by th e  B ran ch  or any  of its
f . o n :  . officers or agents in  th e  nam e of the
4 ? ?  J  , N a tio n a l A ssociation  fo r the  A dvance- 
o f  National m ent 0f  C olored People, an d  the 
Association Nat;ona] office sha ll not be responsible 
fo r any  indeb tedness o r  o b liga tion  in cu rred  by 
th e  B ran ch  or by  an y  of its officers o r  agents.

Section 2 N o indebtedness o r  o b liga tion  of m ore 
th an  fifty  d o lla rs  sha ll be in cu rred  in 

the  nam e or b eh a lf  of the  B ran ch  unless by vote 
of the  E xecu tive Com m ittee.

A R T IC L E  X V I. 

F IS C A L  BUSINESS YEAR

Section 1 

Schedule
T h e  fiscal an d  business y ea r  of the 
B ran ch  sha ll beg in  J a n u a ry  1 an d  end 
D ecem ber 31.

Section 2 T h e  officers elected a t the  an n u a l meet- 
T i  , ,  *• in g  sha ll be in sta lled  a t  th e  next regu- 

f n f a l0 1 1  la r  m eeting  of the  B ranch  fo llow ing  of Officers the election6



506

[fol. 622]
P l a i n t i f f 's  E x h i b i t  6  

C h a p t e r  2

An Act to provide for submitting to the qualified 
electors the question of whether there shall be a 
convention to revise and amend Section 141 of 
the Constitution of Virginia. (H 1)

Approved December 3, 1955
Whereas, by Item 210 of the Appropriation Act of 1954 

(Acts of Assembly, 1954, Chapt. 708, p. 970), the General 
Assembly sought to enact measures to aid certain war 
orphans in obtaining an education at either public or pri­
vate institutions of learning, which said Item has been ad­
judicated by the Supreme Court of Appeals of Virginia, 
insofar as it purports to authorize payments for tuition, 
institutional fees and other expenses of students who at­
tend private schools, to be violative of certain provisions 
of the Constitution respecting education and public instruc­
tion ; and,

Whereas, the State’s entire program, insofar as attend­
ance at private schools is concerned, involving the indus­
trial rehabilitation program, grants for the education of 
war orphans, grants in aid of Negro graduate students, 
and scholarships for teaching and nursing, is in jeopardy; 
and,

Whereas, in order to permit the handicapped, war 
orphans, Negro graduate students and prospective teach­
ers and nurses to receive aid in furtherance of their educa­
tion at private schools and in order to insure educational 
opportunities for those children who may not otherwise 
receive a public school education due to the decision of 
the Supreme Court of the United States in the school 
segregation cases, it is deemed necessary that said provi­
sions of the Constitution be revised and amended; and,

Whereas, it is impossible to procure such amendments 
and revisions within the time required to permit educa-



507

tional aid forthwith for the current school year and that 
beginning in the fall of 1956 except by convening a consti­
tutional convention; and,

Whereas, because it is deemed unwise at this time to 
make any sweeping or drastic changes in the fundamental 
laws of the State, and also, in order to assure the adoption 
of the contemplated amendments and revisions within the 
time necessary to permit educational aid in the school year 
of 1956-57, it is deemed necessary that the people eliminate 
all questions from consideration by said convention save 
and except those essential to the adoption of those revisions 
and amendments specified in this Act; and,

Whereas, in order to avoid heated and untimely con­
troversies throughout the State as to what other matters, 
if any, may or should be acted upon by said convention, 
it is believed to be in the public interest to submit to the 
electors the sole question whether a convention shall be 
called which will be empowered by the people to consider 
and act upon said limited revisions and amendments only, 
and not upon any others; now, therefore,

Be it enacted by the General Assembly of Virginia:
1. # 1. That at an election to be held on such day as may be 
fixed by proclamation of the Governor (but not later than 
sixty days after the passage of this Act) there shall be 
submitted to the electors qualified to vote for members of 
the General Assembly the question “Shall there be a con­
vention to revise the Constitution and amend the same!” 
Should a majority of the electors voting at said election 
vote for a convention, the legal effect of same will be that 
the people will thereby delegate to it only the following 
powers of revision and amendment of Section 141 of the 
Constitution and no others:
[fol. 623] A. The convention may consider and adopt 
amendment to Section 141 of the Constitution of Virginia 
necessary to accomplish the following purposes, and no 
others:

To permit the General Assembly and the governing- 
bodies of the several counties, cities and towns to appro­



508

priate funds for educational purposes which, may be ^ex­
pended in furtherance of elementary, secondary, collegiate 
and graduate education of Virginia students in public 
and nonsectarian private schools and institutions of learn­
ing in addition to those owned or exclusively controlled 
by the State or any such county, city or town.

B. The convention shall be empowered to proclaim and 
ordain said revisions and amendments adopted by it within 
the scope of its powers as above set forth without submit­
ting same to the electors for approval, but the convention 
will not have the power to either consider, adopt, or pro­
pose any other amendments or revisions.

#2. The judges of election and other officers charged 
with the duty of conducting elections at each of the several 
voting places in the State are hereby required to hold an 
election upon the said question of calling the convention 
on the day fixed therefor by proclamation of the Governor, 
at all election precincts in the State, but the several electoral 
boards may, in their discretion, dispense with the services 
of clerks of election in such precincts as they may deem 
appropriate. Copies of the Governor’s proclamation shall 
be promptly sent by the State Board of Elections to the 
secretary of each electoral board and due publicity thereof 
given through the press of the State and otherwise if the 
Governor so directs.

# 3 .  The ballots to be used in said election the State 
Board of Elections shall cause to be printed, and distributed 
and furnished to the respective electoral boards of the 
counties and cities of the State. The number furnished each 
such board shall be determined by the State Board of Elec­
tions within the limits prescribed by #  24-213 of the Code 
of Virginia. The respective electoral boards shall cause the 
customary identification seal to be stamped on the ballots 
delivered to them. In order to insure that the electors will 
clearly understand the limited powers which may be exer­
cised by the convention, if called, said ballots shall be 
printed in type not less in size than small pica and contain 
the following words and figures:



509

“Constitutional Convention Ballot: 
“I nformatory Statement

“The Act of the General Assembly submitting to the 
people the question below provides that the elector is voting 
for or against a convention to which will be delegated by 
the people only the limited powers of revising and amend­
ing Section 141 of the Constitution to the extent that is 
necessary to accomplish the following purposes, and no 
other powers:

“To permit the General Assembly and the governing 
bodies of the several counties, cities and towns to appro­
priate funds for educational purposes which may be ex­
pended in furtherance of elementary, secondary, collegiate 
and graduate education of Virginia students in public and 
nonsectarian private schools and institutions of learning 
in addition to those owned or exclusively controlled by the 
State or any such county, city or town.

“The act also provides that the legal effect of a majority 
vote for a convention will be that the people will delegate 
to it only the foregoing powers, except that the convention 
will be empowered to ordain and proclaim said revisions 
and amendments adopted by it within the scope of said 
powers without submitting same to the electors for ap­
proval, but the convention will not have the power to either 
consider, adopt or propose any other amendments or re­
visions.

“In the light of the foregoing information the question 
[fol. 624] to be voted on is as follows:

“Shall there be a convention to revise the Constitution 
and amend the same?

“ □  For the convention.
“ □  Against the convention.”
#4. A ballot deposited with a cross mark, a line or 

check mark placed in the square preceding the words 
“For the convention” shall be a vote for the convention, 
and a ballot deposited with a cross mark, line or check



510

mark preceding the words “Against the convention” shall 
be a vote against the convention.

#5. The ballots shall be distributed and voted, and the 
results thereof ascertained and certified, in the manner 
prescribed by section 24-141 of the Code of Virginia. It 
shall be the duty of the clerks and commissioners of elec­
tion of each county and city, respectively, to make out, 
certify and forward an abstract of the votes cast for and 
against the convention in the manner now prescribed by 
law in relation to votes cast in general State elections.

#6. It shall be the duty of the State Board of Elections 
to open and canvass the said abstracts of returns, and to 
examine and make statement of the whole number of votes 
given at said election for and against the convention, re­
spectively, in the manner now prescribed by law in relation 
to votes cast in general elections; and it shall be the duty 
of the State Board of Elections to record said certified 
statement in its office, and without delay to make out and 
transmit to the Governor of the Commonwealth an official 
copy of said statement, certified by it under its seal of 
office.

# 1 .  The Governor shall, without delay, make proclama­
tion of the result, stating therein the aggregate vote for 
and against the convention to be published in such news­
papers in the State as may be deemed requisite for general 
information. The State Board of Elections shall cause to 
be sent to the clerks of each county and corporation, at least 
fifteen days.
places of voting therein; and it shall be the duty of such 
clerks to forthwith deliver the same to the sheriffs of their 
respective counties and sergeants of their respective cities 
for distribution. Each such sheriff or sergeant shall forth­
with post a copy of such Act at some public place in each 
election district at or near the usual voting place in the 
said district.

# 8 .  The expenses incurred in conducting this election, 
except as herein otherwise provided, shall be defrayed as 
in the case of the election of members of the General 
Assembly.



511

#9. The State Board of Elections shall have authority 
to employ such help and incur such expense as may be nec­
essary to enable it to discharge the duties imposed on it 
under this Act, the expenses thereof to be paid from funds 
appropriated by law.
2. An emergency existing, this Act shall be in force from 
the time of its passage.

[fol. 625]
P laintiff’s E xhibit 7 

Chapter 1
A n A ct to provide for the election of delegates to a con­

stitutional convention, the issuance of a writ for same, 
for the convening of said delegates, the organization 
and functioning of said convention, and to appropriate 
funds to defray the expenses of same.

(S. 26)

Approved January 19, 1956
Whereas, the State Board of Elections has certified to the 

Governor that at the election held on the ninth day of Janu­
ary, nineteen hundred fifty-six, pursuant to the provisions 
of Chapter two of the Acts of the Extra Session of the 
General Assembly of nineteen hundred fifty-five, a majority 
of the qualified voters of this State participating in said 
election voted in favor of a constitutional convention to 
revise and amend #  141 of the Constitution of Virginia 
to permit the General Assembly and the governing bodies 
of the several counties, cities and towns to appropriate 
funds for educational purposes which may be expended in 
furtherance of elementary, secondary, collegiate and gradu­
ate education of Virginia students in public and nonsec­
tarian private schools and institutions of learning in addi­
tion to those owned or exclusively controlled by the State 
or any such county, city or town, and the Governor has 
issued an executive proclamation of such fact and of the 
result of said election; and

Whereas, it is now the duty of the General Assembly 
to provide plans for the election and convening of the dele­



512

gates to said convention and for its organization; now, 
therefore,

Be it enacted by the General Assembly of Virginia as 
follows:
1. #  1. Apportionment of delegates.—From the counties 
and cities of each senatorial district as now provided by 
law for the election of members to the Senate of the Gen­
eral Assembly of Virginia, there shall be elected by the 
qualified voters thereof delegates to the constitutional con­
vention as follows:

First.—Accomack, Northampton, Princess Anne and Vir­
ginia Beach, one.

Second.—Norfolk City, two.
Third.—Norfolk County and South Norfolk, one.
Fourth.—Halifax, Charlotte, and Prince Edward, one.
Fifth.—Isle of Wight, Nansemond, Southampton and 

Suffolk, one.
Sixth.-—Greensville, Hopewell, Prince George, Surry and 

Sussex, one.
Seventh.—Brunswick, Lunenburg, and Mecklenburg, one.
Eighth.—Dinwiddie, Nottoway and Petersburg, one.
Ninth.—Arlington, one.
Tenth.—Portsmouth, one.
Eleventh.—Appomattox, Buckingham, Cumberland, Pow­

hatan, Amherst, Nelson and Amelia, one.
Twelfth.—Campbell and Lynchburg, one.
Thirteenth.—Danville, Henry, Martinsville, Patrick and 

Pittsylvania, two.
Fourteenth—Carroll, Floyd, Galax and Grayson, one.
Fifteenth.—Bristol, Smyth and Washington, one.
Sixteenth.—Lee and Scott, one.
Seventeenth—Dickenson, Norton and Wise, one.
Eighteenth.—Buchanan, Bussell and Tazewell, one.
Nineteenth.—Bland, Giles, Pulaski and Wythe, one.
Twentieth—Alleghany, Bedford, Botetourt, Buena Vista, 

Clifton Forge, Covington, Craig and Rockbridge, one.
Twenty-first.—Franklin, Montgomery, Radford and Ro­

anoke County, one.
Twenty-second.—Augusta, Bath, Highland, Staunton and 

Waynesboro, one.



513

[fol. 626] _ Twenty-third.—Harrisonburg, Page, Rappahan­
nock, Rockingham and Warren, one.

Twenty-fourth.—Clarke, Frederick, Shenandoah and 
Winchester, one.

Twenty-fifth.—Albemarle, Charlottesville, Fluvanna, 
Greene and Madison, one.

Twenty-sixth.—Fredericksburg, Goochland, Louisa, Or­
ange and Spotsylvania, one.

Twenty-seventh.—Culpeper, Fauquier and Loudoun, one.
Twenty-eighth.—Fairfax and Falls Church, one.
Twenty-ninth.—King George, Lancaster, Northumber­

land, Prince William, Richmond County, Stafford and 
Westmoreland, one.

Thirtieth.—Caroline, Hanover, King William, Essex, 
King and Queen and Middlesex, one.

Thirty-first.—Gloucester, Mathews, Warwick, York, 
James City, New Kent and Williamsburg, one.

Thirty-second.—Hampton and Newport News, one.
Thirty-third.—Charles City, C h e s t e r f i e l d ,  Colonial 

Heights and Henrico, one.
Thirty-fourth.—Richmond City, three.
Thirty-fifth.—Roanoke City, one.
Thirty-sixth.—City of Alexandria, one.
#  2. The judges of election and other officers charged 

with the duty of conducting elections at each of the several 
voting places in the State are hereby required to hold an 
election for the election of said delegates to the convention 
on such date not later than thirty-five days after the effec­
tive date of this Act as shall be fixed by the Governor by 
executive proclamation and issuance of a writ of election, 
which said writ shall be published in the manner prescribed 
by .#  24-138 of the Code. Said election shall be held and 
conducted in the manner prescribed by law for holding and 
conducting special elections. The persons entitled to vote 
in said election shall be the electors qualified to vote at a 
special election to fill vacanies for members of the General 
Assembly.

And provided, further, that the said election officials 
shall be paid out of the State treasury the per diem fixed 
by law for the holding of the election herein provided for, 
and an amount sufficient for such purpose is hereby appro­



514

priated therefor out of the general fund in the State trea­
sury, the same to be paid by the State Treasurer into the 
several county and city treasuries, on the warrant of the 
Comptroller, upon the proper voucher, or vouchers, re­
quired by the Comptroller, approved by the chairmen of 
the several boards of supervisors and the several mayors 
of the cities.

3. The ballots used in said election shall conform as 
nearly as possible to ballots used in general elections for 
State Senators, and shall be prepared and distributed by 
the appropriate electoral boards. The several counties 
and cities shall pay the cost of printing said ballots.

#  4. The ballots shall be distributed and voted, and the 
results thereof ascertained and certified, in the manner pre­
scribed in #  24-141 of the Code of Virginia. It shall be 
the duty of the clerks and commissioners of election of 
each county and city, respectively, to forthwith make out, 
certify and forward an abstract of the votes cast for the 
respective candidates in the manner now prescribed by law 
in relation to votes cast in general State elections for mem­
bers of the State Senate. The provisions of #  #  24-131 
and 24-132 of the Code with respect to notice of candidacy 
and the printing of the name of a candidate on the ballot 
shall be applicable to the election of delegates to the con­
vention; provided, that the clerks of the counties and cities 
shall, upon the expiration of the time for filing notice of 
candidacy, forthwith certify the name of each person filing 
a notice of candidacy under #  24-131 of the Code to the 
State Board of Elections and to the Electoral Board of 
his county or city. The State Board of Elections shall 
thereafter be governed by the applicable provisions of 
Chapter 13.1 of Title 24 of the Code.

#  5. It shall be the duty of the State Board of Elections, 
as soon as possible, to canvass the said abstracts of votes 
[fol. 627] cast, and state the number of votes cast at said 
election for the respective candidates, in the manner now 
prescribed by law in relation to votes cast in general elec­
tions for members of the State Senate. The State Board 
of Elections shall issue certificates to delegates elected to 
the convention similar to the certificates required by law



515

to be issued to members elected to the State Senate, and 
upon the day of the assembling of the convention shall lay 
before it a list of the delegates elected thereto with the 
districts they represent.

#  6. The persons who shall be elected in pursuance of 
this Act shall, on the fifth day of March, nineteen hundred 
fifty-six, at twelve o’clock noon, meet and assemble in the 
old hall of the House of Delegates at the Capitol, in the 
city of Richmond, in convention, to consider, discuss, adopt, 
proclaim, arid ordain revisions and amendments in con­
formity with the provisions of Section one, sub-section A, 
of Chapter two of the Acts of the Extra Session of the 
General Assembly of nineteen hundred fifty-five.

#  7. The said convention shall be the judge of its own 
privileges and elections, and the members thereof shall 
have, possess, and enjoy, in the most full and ample manner 
all the privileges to which members elected to and attending 
the General Assembly are entitled; and moreover, shall be 
allowed the same mileage for traveling to and returning 
from said convention as is now allowed to members of the 
General Assembly, and shall receive for attendance upon 
said convention the sum of eighteen dollars per day, Sun­
days included.

#  8. The convention shall proclaim, in such manner as 
it deems appropriate, the said revisions and amendments 
adopted and ordained by it, and said revisions and amend­
ments shall thereupon be and become a part of the Con­
stitution of Virginia.
2. There is hereby appropriated for the purpose of defray­
ing the compensation of the members and officers and em­
ployees appointed by the convention, and all other proper- 
expenses thereof, a sufficient sum, to be paid by the Trea­
surer upon warrants of the Comptroller issued upon in­
voices signed by such officer as the convention may desig­
nate.
3. An emergency existing, this Act shall be in force from 
its passage.



516

[fol. 628]
P laintiff’s E xhibit 8

COMMONWEALTH OF VIRGINIA 
GENERAL ASSEMBLY

Senate J oint Resolution No. 3
In terp o sin g  the sovere ign ty  o f V irg in ia  against encroach­

m ent upon the reserved  pow ers o f th is S ta te , and appeal­
ing to s is te r  sta tes to resolve a question of contested  
power.
Be it resolved by the Senate of Virginia, the House of 

Delegates concurring,
That the General Assembly of Virginia expresses its firm 

resolution to maintain and to defend the Constitution of 
the United States, and the Constitution of this State, 
against every attempt, whether foreign or domestic, to 
undermine the dual structure of this Union, and to destroy 
those fundamental principles embodied in our basic law, 
by which the delegated powers of the Federal government 
and the reserved powers of the respective States have 
long been protected and assured;

That this Assembly explicitly declares that the powers 
of the Federal Government result solely from the compact 
to which the States are parties, and that the powers^ of 
the Federal Government, in all its branches and agencies, 
are limited by the terms of the instrument creating the 
compact, and by the plain sense and intention of its pro­
visions ;

That the terms of this basic compact, and its plain sense 
and intention, apparent upon the face of the instrument, 
are that the ratifying States, parties thereto, have agreed 
voluntarily to delegate certain of their sovereign powers, 
but only those sovereign powers specifically enumerated, 
to a Federal Government thus constituted; and that all 
powers not delegated to the United States by the Consti­
tution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people;



517

That this basic compact may be validly amended in one 
way, and in one way only, and that is by ratification of a 
proposed amendment by the legislatures of not fewer than 
three-fourths of the States, pursuant to Article V of the 
Constitution, and that the judicial power extended to the 
Supreme Court of the United States to “all cases in law 
and equity arising under this Constitution” vested no au­
thority in the court in effect to amend the Constitution;
[fol. 629] That by its decision of May 17, 1954, in the 
school cases, the Supreme Court of the United States placed 
upon the Constitution an interpretation, having the effect 
of an amendment thereto, which interpretation Virginia 
emphatically disapproves;

That the State of Virginia did not agree, in ratifying the 
Fourteenth Amendment, nor did other States ratifying the 
Fourteenth Amendment agree, that the power to operate 
racially separate schools was to be prohibited to them 
thereby; and as evidence of such understanding of the 
terms of the amendment, and its plain sense and intention, 
the General Assembly of Virginia notes that the very 
Congress which proposed the Fourteenth Amendment for 
ratification established separate schools in the District of 
Columbia; further, the Assembly notes that in many in­
stances, the same State Legislatures that ratified the Four­
teenth Amendment also provided for systems of separate 
public schools; and still further, the Assembly notes that 
both State and Federal courts, without any exception, recog­
nized and approved this clear understanding over a long 
period of years and held repeatedly that the power to 
operate such schools was, indeed, a power reserved to the 
States to exercise “without intervention of the Federal 
courts under the Federal Constitution” ; the Assembly sub­
mits that it relied upon this understanding in establishing 
and developing, at great sacrifice on the part of the citizens 
of Virginia, a school system that would not have been so 
established and developed had the understanding been 
otherwise; and this Assembly submits that this legislative 
history and long judicial construction entitle it still to 
believe that the power to operate separate schools, pro­
vided only that such schools are substantially equal, is a



518

power reserved to this State until the power he prohibited 
to the States by clear amendment of the Constitution;

That with the Supreme Court’s decision aforesaid and 
this resolution by the General Assembly of Virginia, a 
question of contested power has arisen: The court asserts, 
for its part, that the States did, in fact, in 1868, prohibit 
unto themselves, by means of the Fourteenth Amendment, 
the power to maintain racially separate public schools, 
which power certain of the States have exercised daily 
for more than 80 years; the State of Virginia, for her part, 
asserts that she has never surrendered such power;

That this declaration upon the part of the Supreme Court 
of the United States constitutes a deliberate, palpable, and 
dangerous attempt by the court itself to usurp the amenda­
tory power that lies solely with not fewer than three-fourths 
of the States;

That the General Assembly of Virginia, mindful of the 
resolution it adopted on December 21, 1798, and cognizant 
of similar resolutions adopted on like occasions in other 
States, both North and South, again asserts this funda- 
[fol. 630] mental principle: That whenever the Federal 
Government attempts the deliberate, palpable, and dan­
gerous exercise of powers not granted it, the States who 
are parties to the compact have the right, and are in duty 
bound, to interpose for arresting the progress of the evil, 
and for preserving the authorities, rights and liberties 
appertaining to them;

That failure on the part of this State thus to assert her 
clearly reserved powers would be construed as tacit consent 
to the surrender thereof; and that such submissive acqui­
escence to palpable, deliberate and dangerous encroachment 
upon one power would in the end lead to the surrender of 
all powers, and inevitably to the obliteration of the sov­
ereignty of the States, contrary to the sacred compact by 
which this Union of States was created;

That in times past, Virginia has remained silent—we 
have remained too long silent!—against interpretations 
and constructions placed upon the Constitution which 
seemed to many citizens of Virginia palpable encroach­



519

ments upon the reserved powers of the States and willful 
usurpations of powers never delegated to our Federal Gov­
ernment; we have watched with growing concern as the 
power delegated to the Congress to regulate commerce 
among the several States has been stretched into a power 
to control local enterprises remote from interstate com­
merce; we have witnessed with disquietude the advancing 
tendency to read into a power to lay taxes for the general 
welfare a power to confiscate the earnings of our people 
for purposes unrelated to the general welfare as we con­
ceive i t ; we have been dismayed at judicial decrees permit­
ting private property to be taken for uses that plainly are 
not public uses; we are disturbed at the effort now afoot 
to distort the power to provide for the common defense, 
by some Fabian alchemy, into a power to build local school- 
houses ;

That Virginia, anxiously concerned at this massive ex­
pansion of central authority, nevertheless has reserved her 
right to interpose against the progress of these evils in the 
hope that time would ameliorate the transgressions; now, 
however, in a matter so gravely affecting this State’s most 
vital public institutions, Virginia can remain silent no 
longer; Recognizing, as this Assembly does, the prospect 
of incalculable harm to the public schools of this State and 
the disruption of the education of her children, Virginia is 
in duty bound to interpose against these most serious con­
sequences, and earnestly to challenge the usurped authority 
that would inflict them upon her citizens.

Therefore, the General Assembly of Virginia, appealing 
to our Creator as Virginia appealed to Him for Divine 
Guidance when on June 29, 1776, our people established a 
Free and Independent State, now appeals to her sister 
States for that decision which only they are qualified under 
[fol. 631] our mutual compact to make, and respectfully 
requests them to join her in taking appropriate steps, pur­
suant to Article V of the Constitution, by which an amend­
ment, designed to settle the issue of contested power here 
asserted, may be proposed to all the States.

And be it finally resolved, that until the question here 
asserted by the State of Virginia be settled by clear Con­



520

stitutional amendment, we pledge our firm intention to take 
all appropriate measures honorably, legally and constitu­
tionally available to us, to resist this illegal encroachment 
upon our sovereign powers, and to urge upon our sister 
States, whose authority over their own most cherished 
powers may next be imperiled, their prompt and deliberate 
efforts to check this and further encroachment by the Su­
preme Court, through judicial legislation, upon the reserved 
powers of the States.

The Governor is requested to transmit a copy of the 
foregoing resolution to the governing bodies of every 
county, city and town in this State; to the executive author­
ity of each of the other States; to the clerk of the Senate 
and House of Representatives of the United States; to 
Virginia’s representatives and Senators in the Congress, 
and to the President and the Supreme Court of the United 
States for their information.

February 1, 1956
Agreed to by the House of Delegates 

E. Griffith Dodson 
Clerk House of Delegates

February 1, 1956 
Agreed to by the Senate 

E. R. Combs 
Clerk of the Senate

A True Copy, Teste:
E. Griffith Dodson 

K eep er o f the R o lls o f the S ta te .

[fol. 632]
P laintiff’s E xhibit 9 

An Ordinance

To ordain and proclaim as a revision and amend­
ment of Section 141 of the Constitution of Virginia.

Be it ordained by the Constitutional Convention of Vir­
ginia convened and assembled pursuant to the provisions 
of Chapter 1 of the regular session of the General Assembly



521

of Virginia, approved January 19, 1956, that the following 
revision and amendment of Section one hundred forty-one 
(section 141) of the Constitution of Virginia be, and is 
hereby proclaimed, established, ordained and declared to 
be on and after the seventh day of March, nineteen hun­
dred fifty-six, a permanent part of said Constitution of 
Virginia. Said revision and amendment of section one 
hundred forty-one is in the following words and figures:

A rticle IX
X X X

Sec. 141. State appropriations prohibited to schools or 
institutions of learning not owned or exclusively controlled 
by the State or some subdivision thereof; exceptions to 
rule.

No appropriation of public funds shall be made to any 
school or institution of learning not owned or exclusively 
controlled by the State or some political subdivision thereof; 
provided, first, that the General Assembly may, and the 
governing bodies of the several counties, cities and towns 
may, subject to such limitations as may be imposed by the 
General Assembly appropriate funds for educational pur­
poses which may be expended in furtherance of elementary, 
secondary, collegiate or graduate education of Virginia 
students in public and nonsectarian private schools and 
institutions of learning, in addition to those owned or ex­
clusively controlled by the State or any such county, city 
or town; second, that the General Assembly may appro­
priate funds to an agency, or to a school or institution 
of learning owned or controlled by an agency, created and 
established by two or more States under a joint agreement 
to which this State is a party for the purpose of providing 
educational facilities for the citizens of the several States 
joining in such agreement; third, that counties, cities, 
towns and districts may make appropriations to nonsec- 
[fol. 633] tarian schools of manual, industrial or technical 
training and also to any school or institution of learning 
owned or exclusively controlled by such county, city, town 
or school district.

Be it further ordained that the said ordinance shall be 
enrolled in appropriate typewriting by the Secretary of this



522

Convention and signed by the President and attested by 
the Secretary of the Convention, and suitable space shall be 
provided for the signing of said ordinance by all members 
of the Convention who desire to sign the same.

The enrolled copy of the ordinance shall be certified by 
the Secretary of the Convention to the Governor for trans­
mission to the General Assembly at the current session of 
the General Assembly, to be preserved by the Keeper of 
the Rolls of the State in the same manner as Acts of the 
General Assembly are preserved, and for publication in a 
newspaper of general circulation in the city of Richmond, 
Virginia.

Be it further ordained that copies of the revision and 
amendment hereby ordained or copies of this ordinance 
printed under the supervision of the Secretary of the Con­
vention, and copies thereof certified by the Keeper of the 
Rolls of the State, shall be received as evidence by the 
courts of the Commonwealth, and the General Assembly 
may provide other methods of proof of such amendment 
to the Constitution.

So soon as this ordinance shall be enrolled, the same 
shall be signed by the President and attested by the Sec­
retary of the Convention.

[fol. 634]
P laintiff’s E xhibit 10 

COMMONWEALTH OF VIRGINIA 
GENERAL ASSEMBLY 

H ouse J oint Resolution No. 97
Declaring the public policy of Virginia as to the 
participation in certain athletic events of athletic 
teams of the public free schools.

Agreed to by the Senate of Virginia, March 10, 1956 
Agreed to by the House of Delegates as amended, 

March 10, 1956.

Whereas, the long established policy of this Common­
wealth has been to provide for the separation of the races 
which has resulted in many benefits to both races; and



523

Whereas, this wise policy should be preserved by all 
legal means at our command to the end that the benefits 
of this policy may be perpetuated; now, therefore, be it

Resolved by the House of Delegates, the Senate con­
curring, that it is the public policy of Virginia that no 
athletic team of any public free school should engage in 
any athletic contest of any nature within the State of Vir­
ginia with another team on which persons of the white and 
colored race are members, nor should any such school 
schedule or permit any member of its student body to 
engage in any athletic contest within the State of Virginia 
with a person of the white and colored race while such 
student is a member of such student body.

A True Copy, Teste:
/ s /  E. Griffith Dodson

Clerk of the House of Delegates and 
Keeper of the Rolls of the State.

July 5, 1956

[fol. 635]
P laintiff’s E xhibit 11 

GENERAL ASSEMBLY
OF T H E

COMMONWEALTH OF VIRGINIA

E xtra Session 1956

Acts of Assembly Relating to E ducation

Richmond
Division of Purchase 

and Printing 
1956



524

A n  A c t to am end and reenact § 1 o f C hapter 716 o f the A c ts  
o f A ssem b ly  o f 1956, approved M arch 31,1956, rela ting  
to the appropria tion  o f the public revenue fo r  the two  
years ending, respectively , on the th ir tie th  day o f 
June, 1957, and the th ir tie th  day o f Ju n e , 1958, so as 
to provide tha t the sum s appropria ted  in  I te m s  133, 
134, 137, 138 and 143 shall be for the m aintenance of 
an efficient sy s tem  o f elem entary and secondary schools, 
resp ec tive ly ; to establish  and define an elem entary and 
secondary public school sys tem ; to proh ib it the ex­
pend iture  o f any o f the fu n d s  appropria ted  by such 
item s in  support o f any system  o f public schools which  
is no t efficient; and to provide fo r  and prescribe the  
conditions under w hich such fu n d s  m ay  be expended  
fo r  educational purposes in  fu rtherance  o f education  
o f V irg in ia  s tuden ts  in  elem entary and secondary non­
sectarian p r iva te  schools.

[H 1]
Approved September 29, 1956

(Note—Complete text of amendments to Chapter 716, Acts 
of Assembly, Regular Session 1956)

Be it enacted by the General Assembly of Virginia:
1. That § 1 of Chapter 716 of the Acts of Assembly of 
1956, approved March 31, 1956, be amended and reenacted 
as follows:

§ 1. The public taxes and arrears of taxes, as well as 
the revenue and money derived from all other sources, 
which shall come into the State treasury prior to the first 
day of July, nineteen hundred and fifty-eight, are hereby 
appropriated for the years to close on the thirtieth day of 
June, nineteen hundred and fifty-seven, and the thirtieth day 
of June, nineteen hundred and fifty-eight, respectively, as 
set forth in the following sections and items for the purposes 
stated. Such public taxes, arrears of taxes, revenues, and 
money derived from other sources as are not segregated 
by law to special funds shall establish the general fund of 
the State treasury. Except where otherwise provided in

[fol. 636] C H A P T E R  71



525

this act, the sums appropriated are appropriated from the 
general fund of the State treasury.
[fol. 637]

B I E N N I U M  1 9 5 6 - 1 9 5 8
LEGISLATIVE DEPARTMENT OF THE 

GOVERNMENT
GENERAL ASSEMBLY OF VIRGINIA

First
Item 1 Year
For legislating for the State, a sum suffi­

cient, estimated a t __________________ .$ 74,206
Out of this appropriation shall be paid 

the salaries of members, clerks, assistant 
clerks, officers, pages and employees; the 
mileage of members, officers and em­
ployees, including salaries and mileage 
of members of legislative committees sit­
ting during recess; and the incidental 
expenses of the General Assembly.

Out of this appropriation the follow­
ing salaries shall be paid :

Clerk of the House of Dele­
gates ___________________ $12,000

Index Clerk, Deputy and Sec­
retary to the Clerk of the
House of Delegates_______  5,000

Clerk of the Senate________  10,000
Senate Index Clerk, not ex­

ceeding _________________  6,000
Secretary to the Clerk of the

Senate__________________  4,000
It is further provided that out of this 

appropriation there is hereby appropri­
ated for payment of expenses of the 
Lieutenant-Governor, $1,500 each year, 
to be paid in equal monthly installments 
of $125.00 each.

Second
Year

$ 339,896



AUDITING COMMITTEE OF THE GENERAL ASSEMBLY

526

First Second
Item 2 Year Year

For auditing public accounts------ --------- $ 585 $ 585

DIVISION OF STATUTORY RESEARCH AND DRAFTING

Item 3
For assistance in preparing legislation----$ 37,415 $ 53,950

Out of this appropriation the follow­
ing salary shall be pa id :

Director __________________ $11,000

VIRGINIA ADVISORY LEGISLATIVE COUNCIL 

Item, 4
For study and advice on legislative mat­

ters _______________________________ $ 21,260 $ 23,260

VIRGINIA CODE COMMISSION
Item 5
For carrying out the duties prescribed by 

§§ 9-66 through 9-68, inclusive, of the 
Code of Virginia, pertaining to the 
codification and printing of acts of the
General Assembly in code fo rm ------------$ 2,500 $ 17,400

VIRGINIA COMMISSION ON INTERSTATE COOPERATION 

Item  6
For promoting interstate cooperation----- $ 10,375 $ 10,375

COMMISSION ON VETERANS’ AFFAIRS
Item 7
For making investigations and recommen­

dations concerning appropriate legisla­
tion for the benefit of Virginia war 
veterans and their dependents-------------$ 500

Total for Legislative Department of
the Government--------------------------$ 146,841

$ 500

$ 445,966



527

JUDICIAL DEPARTMENT OP THE 
GOVERNMENT

SUPREME COURT OF APPEALS
First Second

Item 8 Year Year
For adjudication of legal cases-------------- $ 196,012 $ 199,212

Out of this appropriation the follow­
ing salaries and wages shall be paid :

Chief Ju stice --------------------- $16,000
Associate Justices (6), at

$15,500 each_____________  93,000
It is further provided that out of this 

appropriation shall be paid the travel­
ing and other expenses of the Justices 
of the Supreme Court of Appeals, one 
thousand five hundred dollars for each 
Justice, which sum shall be in lieu of 
mileage.

Item 9
For printing records of litigation, a sum 

sufficient, estimated a t ----------------------$ 30,000 $ 30,000

[fol. 638]

Item 10
For maintenance of law lib ra ry -------------$ 23,516 $ 23,316

Item 11
For office of executive secretary of the 

Supreme Court of Appeals, the salaries 
of such employees to be fixed by the 
Supreme Court; provided that the salary 
of such executive secretary shall not ex­
ceed the amount allowed by law to a
judge of a trial court of record----------- $ 18,000 $ 18,000

Total for the Supreme Court of 
Appeals _______________________ $ 267,528 $ 270,528



528

RETIREMENT OF JUSTICES AND JUDGES

First Second
Item 12 Year Year
For retirement pay of Justices of the 

Supreme Court of Appeals, and Judges 
of Circuit, Corporation and Hustings, 
and City Courts, and expenses of retired 
Justices and Judges when recalled to 
active duty, in accordance with law, a
sum sufficient, estimated a t ----------------$ 44,190 $ 44,190

CIRCUIT COURTS
Item 13
For adjudication of legal cases-------------- $ 430,512 $ 430,512

Out of this appropriation shall be paid 
the following salaries only:

Judges (37), at $10,700 each..$395,900
Additional salaries________  3,112
Judge 29th C ircu it________  10,700
Compensation to sheriffs, ser­

geants and their deputies 
for attendance upon the cir­
cuit courts, as authorized 
by § 14-85 of the Code of 
Virginia _______________  1,500

CORPORATION AND HUSTINGS COURTS
Item 14
For adjudication of legal cases -------------$ 184,020 $ 184,020

Out of this appropriation shall be paid 
the following salaries only:

Judges (17), at $10,700 each._$181,900 
Judge of the Corporation

Court, City of Winchester.. 1,120 
Clerk at Richmond________  1,000



529

CITY COURTS

Item 15
For adjudication of legal cases_________ $

Out of this appropriation shall be paid 
the following salaries and wages only:

Judges (6), at $10,700 each ._$64,200 
Compensation to sheriffs, ser­

geants and their deputies, 
for attendance upon city 
courts, as authorized by 
§ 14-85 of the Code of Vir­
ginia ___________________  6,500

VIRGINIA STATE BAR
Item 16
For administration of the integrated bar 

act, to be paid only out of revenues col­
lected and paid into the State treasury 
in accordance with the provisions of said 
act and not out of the general fund of
the State treasury ___________ $33,382
for the first year and $33,582 the second 

year.

JUDICIAL COUNCIL
Item 17
For the expenses of the Judicial Council 

authorized by §§ 17-222 to 17-227, inclu­
sive, of the Code of Virginia, arid for the
expenses of the Judicial Conference__ $ 5,500 $ 5,500

DEPARTMENT OF LAW 

A t t o r n e y  G e n e r a l

Item 18
For providing legal services for the State 139,350 $ 144,750

Out of this appropriation the follow­
ing salary shall be paid :

Attorney General __________ $14,850

[fol. 639]

First
Year

70,700 70,700

Second
Year



530

It is provided that all attorneys au­
thorized by this act to be employed by 
any department or agency, and all attor­
neys compensated out of any monies 
appropriated by this session of the Gen­
eral Assembly, shall be appointed by the 
Attorney General and be in all respects 
subject to the provisions of §§ 2-85 to 
2-93, inclusive, §§ 2-94 to 2-97, inclusive, 
and § 14-14 of the Code of Virginia.

D iv is io n  o f  M o t io n  P ic t u r e  C e n s o r s h ip

Item 19
For examining and licensing motion pic­

ture films publicly exhibited in Vir­
ginia ---------------------------------------------- $ 54,915 $

D iv is io n  o f  W a r  V e t e r a n s ’ C l a im s

Item 20
For preparation and prosecution of claims 

against the United States Veterans’ Ad­
ministration and other agencies on be­
half of war veterans and their depen­
dents and the surviving dependents of 
deceased war veterans, in accordance 
with the provisions of § 2-93.1 of the 
Code of V irg in ia------------------------------ $ 217,046 $

C o m m is s io n e r s  f o r  t h e  P r o m o t io n  o f  U n if o r m it y  o f  
L e g is l a t io n  i n  t h e  U n it e d  S t a t e s

Item 21
For promoting uniformity of legislation 1,250 $ 1,250

Total for the Department of L aw ---- $ 412,561 $ 421,089

First Second
Year Year

Total for the Judicial Department of 
the Government________________ $ 1,415,011 $ 1,426,539

55,960

219,129



531

[fol. 640]
EXECUTIVE DEPARTMENT OF THE 

GOVERNMENT
GOVERNOR

Item 22
For executive control of the S ta te ----------$

Out of this appropriation the follow­
ing salaries shall be paid :

Governor _________________ $17,500
Secretary of the Common­

wealth and ex-officio secre­
tary to the Governor--------  6,500

It is provided, however, that on and 
after the beginning of the term of the 
Governor of Virginia taking office in 
January, 1958, the salary of the Gov­
ernor shall be $20,000 per annum and 
the salary of the Secretary of the Com­
monwealth and ex-officio secretary to the 
Governor shall be $7,000 per annum.

Item 23
For a discretionary fund, to be expended 

by the Governor for such objects or pur­
poses, including reorganization studies 
of State agencies, as the Governor, in his 
discretion, may deem proper to meet any 
contingencies or conditions which may 
arise from time to tim e---------------------- $

Item 24
To be expended by the Governor pursuant 

to the provisions of § 15-891.3 of the 
Code of Virginia for regional planning 
commissions heretofore established ----- $

Item 25
For payment of Virginia’s quota of the 

expenses of administrative services and 
operations of the Board of Control for 
Southern Regional Education------------- $

First
Year

91,252

Second
Year

95,460

130,000 $ 120,000

20,000 $ 20,000

28,000 $ 28,000



532

Item  26
For operation and maintenance of the Gov­

ernor’s M ansion-------------------------------$

Item  27
For carrying out the purposes of, and sub­

ject to the conditions stated in, Chapter 
22, Acts of Assembly of 1950, which au­
thorizes the Governor to take certain 
steps in event of a coal production emer­
gency, there is hereby appropriated from 
the general fund of the State treasury 
a sum sufficient.

Total for the Governor------------------ $ 294,193 $ 288,901

S t a t e  B o a rd  o f  E l e c t io n s

Item 28
For supervising and coordinating the con­

duct of elections-------------------------------$ 43,800 $ 33,600
Out of this appropriation shall be paid 

the following salary:
Secretary __________________ $7,950

S t a t e  a n d  L o c a l  D e f e n s e

Item 29
For promotion and coordination of State 

and local civil defense activities, a sum
sufficient estimated at --------------------- $ 87,300 $ 88,050

It is hereby provided that this appro­
priation shall be expended on warrants 
of the Comptroller, issued upon vouchers 
signed by the Governor, or by such other 
person or persons as may be designated 
by him for the purpose.

24,941 $ 25,441

First Second
Year Year



533

DIVISION OF THE BUDGET
[fol. 641]

Item 30
For preparation and administration of the

executive budget ___________________ $
Out of this appropriation the follow­

ing salary shall be paid :
Director __________________ $12,000

Item 31
For institutional engineering __________$ 186,460 $ 190,270

Item 32
For records management____________1_$ 37,790 $ 35,660

It is provided that the special rev­
enues collected for records management 
services shall be paid into the general 
fund of the State treasury.

Item 33
For maintenance and operation of grounds

and buildings______________________ $ 591,807 $ 645,362
It is hereby provided that no part of 

this appropriation for maintenance and 
operation of grounds and buildings shall 
be used to furnish floor coverings, elec­
tric fans or other office equipment to 
any State officer, department, board, 
institution or other State agency.

It is provided, further, that a pro rata 
share of the costs of operating a central 
telephone system shall be charged to each 
State department and agency in Rich­
mond served by the system; payments 
for such charges shall be credited against 
the expenses of the Section of Grounds 
and Buildings of the Division of the 
Budget for the operation of the system.

Out of this appropriation shall be paid 
a sum sufficient, not more than $20,000

First Second
Year Year

38,922 $ 74,458



534

each year, for the maintenance and 
operation of the Virginia World War II 
Memorial.

Item 34
For aiding in the production of motion 

picture films depicting activities of the 
State government __________________ $ 2,500 $ 2,500

Total for the Division of the Budget ~$ 857,479 $ 948,250

First
Year

Second
Year

DIVISION OF PERSONNEL
Item 35
For administration of the Virginia Per­

sonnel A c t_________________________ $ 94,400 $ 96,095
Out of this appropriation the follow­

ing salary shall be paid :
Director ___________________ $9,900

Item 36
For administration of the Merit System 

Council, to be paid only out of funds 
to be transferred to the Merit System 
Council by order of the Governor from 
the appropriations herein made to the 
Unemployment Compensation Commis­
sion, Department of Welfare and Insti­
tutions, the State Board of Health, State 
Hospital Board, and the Virginia Com­
mission for the B lind_________ $30,970
the first year, and $32,070 the second 

year.
The Governor is hereby authorized to 

transfer to the Merit System Council 
from the respective appropriations here­
in made to the Unemployment Compen­
sation Commission, the Department of 
Welfare and Institutions, the State 
Board of Health, the State Hospital



535

[fol. 642]
Board, and the Virginia Commission for 
the Visually Handicapped, a sum equal 
to the value of the services rendered by 
the Merit System Council for the respec­
tive agencies.

It is hereby provided that this appro­
priation shall be expended on warrants 
of the Comptroller, issued upon vouchers 
signed by the Director of the Division 
of Personnel or by such other person or 
persons as may be designated by the 
Governor for that purpose.

VIRGINIA SUPPLEMENTAL RETIREMENT SYSTEM

Item 37
For expenses of administration of the 

Board of Trustees of the Virginia Sup­
plemental Retirement System -------------$ 91,335 $ 92,155

As used in Items 38 through 48, inclu­
sive, the term “Social Security” has 
reference to the Federal Insurance Con­
tributions Act with respect to contribu­
tions and to the Federal Old-Age and 
Survivors Insurance System with re­
spect to employee benefits.

Item 38
For the State employer’s Social Security 

payment, on behalf of State employees 
excepting those paid from special funds, 
to the Contribution Fund, pursuant to 
Chapter 3.1, Title 51, Code of Virginia,
a sum sufficient estimated a t -------------- $ 1,052,980 $ 1,105,625

Item 39
For reimbursement to each local school 

board of the actual employer’s Social 
Security payments made by it, on behalf

First
Year

Second
Year



536

First
Year

of teachers, to the Contribution Fund 
pursuant to Chapter 3.1, Title 51, Code 
of Virginia, a sum sufficient, estimated 
at ________________________________ $ 1,985,460

Item 40
For reimbursement to each political sub­

division the pro-rata share of the actual 
employer’s Social Security payments 
made by it, on behalf of local special 
employees, to the Contribution Fund, 
pursuant to Chapter 3.1, Title 51, Code 
of Virginia; such pro rata share shall 
bear the same relationship to the total 
employer’s payment for such special em­
ployees as the State’s share of the special 
employee salaries, or the State’s share of 
any excess fees from the special em­
ployee’s office, bears or would bear to the 
total of such salaries or excess fees, re­
spectively, a sum sufficient, estimated 
at __________________ -_____________ $ 87,000

Item 41
In the event any political subdivision 

required pursuant to Chapter 3.1, Title 
51, Code of Virginia, and by any agree­
ment pursuant to the cited act, to make 
payments to the Contribution Fund, 
fails to make such payments as are duly 
prescribed, either from its local em­
ployees or on behalf of its employer’s 
contribution, the Board of Trustees of 
the Virginia Supplemental Retirement 
System shall inform the Comptroller of 
the delinquent amount and political sub­
division. The Comptroller shall forth­
with transfer such amount to the Con­
tribution Fund from any non-earmarked

Second
Year

$ 2,084,735

$ 91,300



537

monies otherwise distributable to such 
subdivision by any department or 
agency of the S tate ; provided that if 
the Comptroller reports to the Board of 
Trustees that, by law, no such amounts 

[fol. 643]
are distributable to a specified political 
subdivision, the Board shall require such 
subdivision to post bond or securities in 
an amount sufficient to protect the State 
against loss from failure by such sub­
division to pay any amounts required 
under the act providing Social Security 
coverage.

Item, 42
To provide for the payment of increased 

retirement compensation to certain re­
tired State employees and beneficiaries 
thereof, in accordance with the provi­
sions of Chapter 404, Acts of Assembly 
of 1954, there is hereby appropriated 
out of the general fund of the treasury 
to Trust Fund B, established by § 51- 
111.68, Code of Virginia ___________21,210

Item 43
To provide for the payment of increased 

retirement compensation to certain re­
tired teachers and beneficiaries thereof, 
in accordance with the provisions of 
Chapter 404, Acts of Assembly of 1954, 
there is hereby appropriated out of the 
general fund of the treasury to Trust 
Fund B, established by § 51-111.68, Code 
of V irg in ia________________________ $ 360,090

Item 44
For the State contribution, on behalf of 

State employees excepting those paid

First
Year

Second
Year

20,440

352,340



538

from special funds, to the retirement al­
lowance account as provided by Chapter 
3.2, Title 51, of the Code of Virginia — $ 1,033,110

Item 45
For the State contribution, on behalf of 

teachers, to the retirement allowance ac­
count as provided by Chapter 3.2, Title 
51, of the Code of V irg in ia__________ $ 2,941,285

Item 46
For the State contribution, on behalf of 

teachers, to the retirement allowance 
account as provided by Chapter 3.2,
Title 51, of the Code of Virginia, to 
be paid from the principal of the 
literary fund in excess of $10,000,000,
the sum o f __________ ______ $1,465,000
each year.

Item 47
On July 1, 1956, and on July 1, 1957, 

the Comptroller shall transfer, from each 
special fund in the State treasury out 
of which any State employees are paid, 
to the retirement allowance account pro­
vided in Chapter 3.2, Title 51, Code of 
Virginia, and to the Contribution Fund 
as provided in Chapter 3.1, Title 51,
Code of Virginia, and to the retirement 
allowance account as provided for State 
Police Officers by the Acts of Assembly 
of 1954, such amount as shall be esti­
mated to have accrued and to accrue 
on account of salaries and wages for 
the quarter preceding and the three 
quarters following. At the close of each 
fiscal year the Comptroller shall adjust 
such transfers, if necessary, for each 
special fund in accord with actual ac-

First
Year

Second
Year

$ 1,084,015

$ 3,159,550



539

eruals for retirement and Social Security 
purposes, during the four quarters con­
cerned. The estimate of accruals and 
the subsequent report of actual accruals 
shall be supplied by the Board of Trus- 

[fol. 644]
tees of the Virginia Supplemental Re­
tirement System to the Comptroller and 
shall be used by him in making the 
transfers required by this item.

Item 48
For payment to the Secretary of the 

Treasury of the United States to the 
credit of such account as may be desig­
nated in accordance with the agreement 
entered into under Chapter 3.1, Title 
51, Code of Virginia, for the purposes 
stated in the cited act, and in such 
amounts as may be specified pursuant 
to the cited agreement, there is hereby 
appropriated from the Contribution 
Fund established by the cited act, a sum 
sufficient.

First
Year

Total for Virginia Supplemental 
Retirement System _____________ $ 7,572,470 $ 7,990,160

Second
Year

ART COMMISSION
Item 49
For appraising works of art and struc­

tures _____________________________ $ 1,000 $ 1,000



540

AUDITOR OP PUBLIC ACCOUNTS

First
Item  50 Year
For auditing the accounts of the State

and local government u n its__________$ 432,625 $
Out of this appropriation the follow­

ing salary shall be paid :
Auditor of Public Accounts -—$11,000 

the first year and $11,000 the second 
year.

STATE COMMISSION ON LOCAL DEBT

Item 51
For aiding localities in the flotation of new 

bonded debt _______________________$ 2,500 $

DEPARTMENT OF THE TREASURY

Item 52
For the custody and disbursement of State

money ____________________________ $ 105,030 $
Out of this appropriation the follow­

ing salary shall be paid:
State Treasurer ____________ $9,500
the first year and $9,730 the second 

year.
I t is provided that out of this appro­

priation shall be paid the premiums on 
the official bonds of the State Treasurer 
and employees of the Department of the 
Treasury, and the premiums on insur­
ance policies on vault in the Department 
of the Treasury and on messenger insur­
ance policy.

I t is further provided that out of this 
appropriation the State Treasurer shall 
be paid as compensation for services 
rendered as Chairman of the Investment 
Committee of the Virginia Supplemental 
Retirement System the sum of $500 dur-

441,075

Second
Year

2,500

110,655



541

ing the year ending June 30, 1957, and 
the sum of $270 during the year ending 
June 30, 1958.

On and after the beginning of the 
term of the State Treasurer in January 
1958, the annual salary of the State 
Treasurer shall be $11,000 per annum, 
which shall include compensation for 
services rendered as Chairman of the 
Investment Committee of the Virginia 
Supplemental Retirement System.

[fol. 645]

TREASURY BOND
Item 53
For payment of interest on the State 

debt _______________________________$ 350,121 $ 350,121

Item 54
For providing sinking fund for redemp­

tion of Riddleberger bonds, Century 
bonds and general fund bonded indebt­
edness ________________________ - - -$  514,879 $ 514,879

First Second
Year Year

Total for Treasury B oard_________ $ 865,000 $ 865,000

DEPARTMENT OF ACCOUNTS AND PURCHASES 

D iv is io n  o f  A c c o u n t s  a n d  C o n t r o l

Item 55
For auditing and recording the financial

transactions of the S ta te -------------------$ 309,200 $ 308,800
Out of this appropriation the follow­

ing salary shall be pa id :
Comptroller _______________ $11,000
Out of this appropriation shall be paid 

the costs of the official bonds of the 
Comptroller; and the costs of the surety



542

First
Year

Second
Year

bonds of the employees in the Division 
of Accounts and Control, in accordance 
with the provisions of §§ 2-7 and 2-8 of 
the Code of Virginia.

Item  56
For collecting old claims, as authorized by 

§ 2-270 of the Code of Virginia, and for 
adjustment of State litigation, a sum
sufficient, estimated at ______________ $ 2,500 $ 2,500

Out of this appropriation shall be paid 
the costs of civil prosecution in civil 
cases, expenses and commissions in col­
lecting old debts, etc., in accordance with 
§ 8-780 of the Code of Virginia.

Item 57
For support of lunatics in jails and in 

charge of private persons, a sum suffi­
cient, estimated a t ___________________ $ 2,000 $ 2,000

Item 58
For payment of pensions, funeral expenses, 

relief of Confederate women and ad­
ministrative expenses _______________ $ 366,575 $ 348,695

Out of this appropriation each pen­
sioner in the several classes now on the 
pension roster, or hereafter placed on 
the pension roster, under the regular 
pension act (as continued in effect by 
§ 51-1 of the Code of Virginia) approved 
March 26, 1928, chapter 465, as amended 
March 24, 1930, and March 30, 1934 and 
subsequent acts appropriating the public 
revenue, shall be paid as follows: to 
Confederate veterans, $1,200 a year; to 
each widow of a Confederate soldier, 
sailor or marine, $600 a year; and for 
the funeral expenses of each deceased



pensioner, to be paid to the personal 
representative of such deceased pen­
sioner or, without qualification of a per­
sonal representative, to the undertaker, 
upon submission to the Comptroller of 
certificates and affidavits required by 
law, $45; provided, however, that the 
said allowance for the funeral expenses 
of each Confederate veteran who was 
on the pension roster at the time of his 
death shall be $100; provided, further, 
that under the provisions of this act 
any person who actually accompanied a 

[fol. 646]
soldier in the service and remained faith­
ful and loyal as the body servant of 
such soldier or who served as cook, 
hostler or teamster, or who worked on 
breastworks under any command of the 
army and thereby rendered service to 
the Confederacy, shall be entitled to re­
ceived an annual pension of $240, proof 
of service to be prescribed by the Comp­
troller; provided that to each widow of 
a Confederate soldier as above set out 
who is now or who may become an in­
mate of an institution receiving support 
from the State and who was married 
prior to October 1, 1880, and has not 
remarried, shall be paid the sum of 
$25.00 per month; and to each such 
widow who was married on or after 
October 1, 1880, and prior to January 1, 
1921, and who has not remarried and to 
each such widow who married on or 
after January 1, 1921, who is over 75 
years of age and who has not remarried, 
shall be paid the sum of $20.00 per 
month.



544

Any unexpended portion of this ap­
propriation shall revert to the general 
fund of the State treasury, and no part 
thereof shall be prorated among pen­
sioners.

It is further provided that out of the 
appropriation for public printing the 
Director of the Division of Purchase 
and Printing shall supply all forms and 
have done and pay for all printing, 
binding, ruling, etc. required by the 
Comptroller in pension matters and in 
connection with the payment of pen­
sions. The Comptroller shall pay month­
ly at such dates as he may prescribe the 
pensions authorized by this act.

It is further provided that out of this 
appropriation of $366,575 for the first 
year and $348,695 for the second year, 
there shall be expended for relief of 
needy Confederate women of Virginia 
including daughters of Confederate 
soldiers who are now widows, born not 
later than December 31, 1883, who are 
not upon the State pension roster, and 
who are not inmates of any Confederate, 
independent or church home or chari­
table institution, in accordance with the 
provisions of the act approved March 
10, 1914 (Acts of Assembly, 1914, chap­
ter 56, page 81) ; provided that each such 
needy Confederate woman shall receive
$90.00 per y e a r_____________ $119,250
each year.

It is further provided that out of this 
appropriation, there shall be expended 
for care of needy Confederate women 
who are inmates of the Home for Needy 
Confederate Women at Richmond, in

First
Year

Second
Year



accordance with the provisions of 
the act approved March 4, 1914 (Acts 
of Assembly, 1914, chapter 40, page
60) ________________________ $65,000
each year.

I t is provided, however, that no part 
of this appropriation shall be available 
for expenditure until satisfactory evi­
dence of compliance with the following 
conditions has been presented the Au­
ditor of Public Accounts:

(1) Copies of all current and future 
applications for admission to the 
Home have been or will be filed with 
the Auditor of Public Accounts. (2) 
Proof that admissions to the Home 
are being made as far as practicable 
on the basis of first come first served,

[fol. 647]
provided that where the governing 
board of the Home deviates from the 
policy of first come first served the 
reasons therefor shall be filed with 
the Auditor of Public Accounts, it 
being understood that such board shall 
have the right to deviate from such 
policy in cases which are considered 
by the board to be of dire necessity or 
distress. (3) Upon the admission of 
any guest to the Home the Auditor 
of Public Accounts shall be informed 
thereof and also as to the length of 
time which the application has been 
pending; and whether it has been 
given priority over other applications. 
(4) Copies of the rules of admission 
have been filed with the Auditor of 
Public Accounts. (5) No part of this 
appropriation shall be available di-



5 4 6

reetly or indirectly for the care or 
maintenance of any person who is not 
a member of the class for which the 
Home was originally established.
The governing body of the Home may 

refuse to admit anyone sick of an in­
curable disease or who is bedridden or 
who is an addict to narcotics or to the 
use of intoxicating liquors or who is 
mentally affected to the extent of ma­
terially affecting the comfort of the other 
inmates.

Item 59
For assessing property for taxation and 

collecting and distributing records of 
assessments, a sum sufficient, estimated 
at ________________________________ $ 1,296,650

Out of this appropriation shall be paid 
compensation and expenses of office of 
city and county commissioners of the 
revenue, as authorized by § 14-77 of the 
Code of Virginia, after certification by 
the chairman of the Compensation Board 
to the State Comptroller of the amounts 
of the salaries and expense allowances 
of such officers fixed and ascertained by 
said board, and commissions to exam­
iners of records, the postal and express 
charges on land and property, books, etc.

Item 60
For collecting State taxes a sum sufficient,

estimated at _______________________ $ 1,605,000
Out of this appropriation shall be paid 

to county and city treasurers the com­
pensation and expenses of office author­
ized by § 14-77 of the Code of Virginia, 
but only after certification by the chair-

First
Year

Second
Year

$ 1,296,650

$ 1,605,000



547

man of the Compensation Board to the 
State Comptroller of the amounts of the 
salaries, if any, and expense allowances 
of such officers, fixed and ascertained by 
said board; and to county and city clerks 
of courts, the commissions to which they 
are entitled by law for the collection of 
State taxes.

Item 61
For premiums on official bonds of county 

and city treasurers, as required by 
§ 15-480 of the Code of Virginia, a sum 
sufficient, estimated a t _____  $

Item 62
For reissue of old warrants, previously 

charged off, a sum sufficient, estimated 
at ________________________________ $

Item 63
For per diem and expenses of presidential

electors ___________________________ $
[fol. 648]
Item 64
For criminal charges, a sum sufficient,

estimated at _______________________$ 4,500,000 $ 4,500,000
Out of this appropriation shall be paid 

the costs incident to the arrest and prose­
cution of persons charged with the vio­
lation of State laws, including salaries 
of attorneys for the Commonwealth, as 
provided by § 14-77 of the Code of Vir­
ginia, expenses of juries, witnesses, etc., 
but where a witness attends in two or 
more cases on the same day, only one 
fee shall be allowed such witness; the 
transportation costs of children com­
mitted to the State Board of Welfare 
and Institutions, and compensation at

First Second
Year Year

60,000 $ 20,000

20,000 $ 20,000 

500



548

the rate of nine dollars a day to each 
agent of the State Board of Welfare and 
Institutions for each day such agent is 
engaged in transporting children com­
mitted to the Board to homes, institu­
tions, training schools or other locations; 
the necessary traveling expenses in­
curred by these agents in carrying out 
their duties as agents of the Board; and 
the transportation cost of the State 
Prison Farm for Defective Misdemean­
ants, as provided by law, cost of mainte­
nance in local jails of persons charged 
with violation of State laws, including 
food, clothing, medicine, medical atten­
tion, guarding, etc.; provided, however, 
that all jail physicians be paid at the 
rate provided by law, but not more than 
five hundred dollars per calendar year 
shall be paid the jail physician or physi­
cians for any city or county, the popu­
lation of which is less than 100,000, and 
not more than one thousand dollars per 
calendar year shall be paid the jail 
physician of physicians of any city or 
county, the population of which is 
100,000 or over, and coroner’s fees, etc., 
said compensation for jail physician to 
be paid at the end of the calendar year; 
provided, however, that in case of death 
or resignation his compensation shall be 
pro-rated on the basis of time of service 
bears to the full calendar year. Pro­
vided, no deduction or cut shall be made 
in reimbursing any city sergeant or 
sheriff the actual cost of supplies pur­
chased by him under authority of law, 
and provided, further, that no salaries, 
fees or expenses shall be paid to any

First
Year

Second
Year



549

officers out of this appropriation in eases 
where the Compensation Board is re­
quired to fix and ascertain same or any 
part thereof, until after certification by 
the chairman of the Compensation Board 
to the State Comptroller of the amounts 
of the salaries, if any, and expense al­
lowances of such officers, fixed and ascer­
tained by said board.

Out of this appropriation shall be paid 
the State’s share of the salaries and ex­
penses of sheriffs and sergeants and 
their deputies in accordance with law.

I t is further provided that out of this 
appropriation shall be paid the expenses 
necessarily incurred on official business 
by judges of circuit, city, and corpora­
tion and hustings courts, for postage, 
stationery, and clerk hire, not exceeding 
$300 a year for each judge.

Out of this appropriation shall be paid 
not exceeding $120,000 each year of the 
biennium for reimbursing counties and 
cities under the provisions of § 16-172.67,
§ 16-172.68, § 16-172.13, and § 16-172.16 
of the Code of Virginia; provided that 
no part of this appropriation shall be 
paid to any county or city which ex-

[fol. 649]
pends in any year following the fiscal 
year ending June 30, 1954, less than it 
spent in such fiscal year for the purposes 
for which reimbursement is provided 
and authorized; provided further than 
such amounts as have been paid from 
the appropriation for criminal charges 
in the fiscal year ending June 30, 1954, 
in reimbursing counties and cities under 
any of the sections hereinbefore referred

First
Year

Second
Year



to or such amounts as would be payable 
under such sections prior to the amend­
ments at the 1946 session of the General 
Assembly, shall not be charged against 
the payments authorized to be made 
under this paragraph.

Out of this appropriation shall be paid 
the actual expenses of the committee of 
circuit court judges, as provided by 
§ 14-50 of the Code of Virginia.

It is provided, however, that no part 
of this appropriation shall be used for 
the payment of criminal charges inci­
dent to prisoners employed on the State 
Convict Road Force or at the State In­
dustrial Farm for Women, or at the 
State Penitentiary Farm and State 
Prison Farm for Defective Misdemean­
ants.

Item, 65
For apportionment to counties which have 

withdrawn from the provisions of Ar­
ticle 4, as amended, of Chapter 1 of 
Title 33 of the Code of Virginia, of the 
proceeds of the motor vehicle fuel tax 
to which such counties are entitled by 
law, a sum sufficient.

Item 66-A
For payment to counties and cities of their 

distributive share of the proceeds of the 
tax levied upon certain alcoholic bever­
ages by § 4-24 of the Code of Virginia, 
a sum sufficient.

Item 66-B
There is hereby appropriated to the 

cities, incorporated towns, and counties 
of the State two-thirds of the net profits 
derived under the provisions of § 4-22



551

of the Code of Virginia, in excess of 
seven hundred fifty thousand dollars, 
each city, incorporated town, and county 
to receive an amount apportioned on the 
basis of their respective populations ac­
cording to the last preceding United 
States census. It is intended that this 
item shall provide for the payment to 
cities, incorporated towns, and counties 
of only so much of the amounts they 
would normally receive under the provi­
sions of § 4-22 of the Code of Virginia, 
as is embraced in the distribution of 
two-thirds of the said net profits, in ex­
cess of seven hundred fifty thousand 
dollars, but that, by reason of other 
appropriations made out of the general 
fund of the treasury for the benefit of 
said cities, incorporated towns, and 
counties, there shall be no distribution 
of any of said net profits except two- 
thirds thereof, as provided in § 4-22 of 
the Code of Virginia. In order to be 
able to ascertain and determine properly 
the actual amount of said profits the 
Comptroller may, from time to time, 
credit on his books to the said board 
the value of merchandise on hand in the 
warehouses and stores of the board at 
the actual cost thereof to the said board.

First Second
Year Year

Total for Division of Accounts and 
Control ---------------------------------- $ 8,162,425 $ 8,103,645

[fol. 650]
D iv is io n  o f  P u r c h a s e  a n d  P r in t in g

Item 67
For purchasing commodities and supervis­

ing public printing for the State .......... $ 225,815 $ 308,085



552

Second
Year

Out of this appropriation shall be paid 
only the cost of such public printing re­
quired for the work of departments, in­
stitutions and agencies of the State gov­
ernment as is authorized by law to be 
paid out of the public printing fund, 
including the cost of printing and bind­
ing the Virginia R eports______ $27,500
the first year and $105,000 the second 

year.
I t is hereby provided that no part of 

this appropriation for the Division of 
Purchase and Printing shall be expended 
in furnishing stationery or other office 
supplies to any State officer, depart­
ment, board, institution or other State 
agency.

C o m p e n s a t io n  B o ard

Item, 68
For regulating compensation of local offi­

cers, in accordance with la w _________ $ 30,235 $
Out of this appropriation the follow­

ing salary may be paid :
Chairman, not exceeding_____ $5,000
It is provided, however, that for such 

time, if any, as the Chairman of the 
Compensation Board receives additional 
pay for other services rendered the 
State, his salary as such Chairman shall 
not exceed $3,505; but on and after the 
beginning of the term of the Governor 
taking office in January, 1958, such sal­
ary shall be $2,505; and such salary shall 
be included as creditable compensation 
under Chapter 3.2, Title 51 of the Code 
of Virginia.

First
Y  ear

30,685



553

DEPARTMENT OF TAXATION

Second,
Year

$ 1,058,560

DIVISION OF MOTOR VEHICLES
Item 70
For administration of motor vehicle 

license, registration and fuel tax
laws _____________________ $1,233,520
the first year, and $1,257,870 the second 

year.
Out of this appropriation the follow­

ing salary shall be paid :
Commissioner _____________ $11,000

Item 70-A
For furnishing localities with lists of all 

registered automotive equipment within
their respective jurisdictions __ $25,000

each year.
[fol. 651]
Item 71
For refund of taxes on motor vehicle fuels 

in accordance with law, a sum sufficient.

Item 72
For licensing operators of motor vehi­

cles ______________________ $383,100
the first year, and $376,780 the second 

year.

First
Item 69 Year
For administration of the tax laws, the 

Virginia Unfair Sales Act, and aiding 
in general assessment or reassessment of
real estate ______________ __________ $ 1,028,425

Out of this appropriation shall be paid 
the following salary:

State Tax Commissioner ...... ...$14,850



554

First
Item 73 Year
For promoting safety in the operation of

motor vehicles--------------------- $437,600
the first year, and $443,750 the second 

year.

Item 74
Por receiving application for the registra­

tion of titles to motor vehicles and for 
issuance of licenses in accordance with 
law, at branch offices, a sum sufficient,
estimated a t ------------------------$433,980
the first year and $441,300 the second 

year.

Item 75
Por maintenance and operation of build­

ing occupied by Division of Motor
Vehicles ____________________ $74,690
the first year and $75,240 the second 

year.

Item  76
Por regulating the distribution and sales

of motor vehicles---------------------$71,200
the first year, and $71,820 the second 

year.

Item  77
Por administration of the use fuel tax act

of 1940 ______________   $39,040
the first year, and $39,450 the second 

year.

Item 78
Por examining applicants for operators’

and chauffeurs’ licenses ---------$302,440
the first year, and $306,650 the second 

year.

Second
Year



5 5 5

Item, 79 Year
All appropriations herein made to the 

Division of Motor Vehicles shall be paid 
only out of revenues collected and paid 
into the State treasury by the Division 
of Motor Vehicles and credited to the 
State highway maintenance and con­
struction fund, and none of the appro­
priations made to the said division shall 
be paid out of the general fund of the 
State treasury, provided further, how­
ever, that no expenditures out of these 
appropriations shall be paid out of the 
revenue derived from the taxes levied 
under §§ 58-628, 58-711, and 58-744 of 
the Code of Virginia, as amended.

Item 80
All revenue received by the Division 

of Motor Vehicles for any purpose what­
soever or in accordance with any law 
or regulation administered by said divi­
sion shall be paid directly and promptly 
into the State treasury to the credit of 
the State highway maintenance and con­
struction fund.

Total for the Division of 
Motor Vehicles from spe­
cial funds ____________ $3,000,570
the first year, and $3,037,860 the

second year.
[fol. 652]

DEPARTMENT OF STATE POLICE
Item 81
For State police p a tro l_______ $4,495,220

the first year, and $4,715,500 the second 
year.
Out of this appropriation the follow­

ing salary shall be pa id :
S u p e r in te n d e n t  of State 

Police __________________ $11,000

First Second
Year



556

First
Item, 82 Year
For promoting highway safety —$174,750 

the first year, and $168,380 the second 
year.

Item 83
For operation of State Police

Radio System ______________ $507,940
the first year, and $515,140 the second 

year.

Item 84
For operation and maintenance 

of headquarters buildings and
grounds ------------------------------ $94,350
the first year, and $97,720 the second

year.

Item 85
For operation of State Police Din­

ing Room ___________________ $43,615
the first year, and $43,760 the second

year.

Item 86
For retirement of State Police

officers ____________________ $242,970
the first year, and $267,500 the second

year.
It it hereby provided that out of this 

appropriation there shall be paid the 
cost of the required valuation report by 
the actuary and other necessary admin­
istrative expense, not to exceed in either 
year of the biennium the sum of $3,000.

Item 87
In the event the Superintendent of 

State Police is requested, as provided by 
law, to police a turnpike project the 
Superintendent is authorized to expend

Second
Year



such additional amounts from the State 
highway maintenance and construction 
fund for such purpose as the turnpike 
authority making the request shall agree 
to reimburse and the Governor shall 
approve.

Item 88
All appropriations herein made to the 

Department of State Police shall be paid 
only out of revenues collected and paid 
into the State treasury by the Division 
of Motor Vehicles or by the Department 
of State Police and credited to the State 
highway maintenance and construction 
fund, and none of the appropriations 
made to the said division shall be paid 
out of the general fund of the State 
treasury, provided further, however, 
that no expenditures out of this appro­
priation shall be paid out of the revenue 
derived from the taxes levied under 
§§ 58-628, 58-711, and 58-744 of the Code 
of Virginia as amended.

Item 89
All revenue received by the Depart­

ment of State Police for any purpose 
whatsoever or in accordance with any 
law or regulation administered by said 
department shall be paid directly and 
promptly into the State treasury to the 

[fol. 653]"
credit of the State highway maintenance 
and construction fund.

Total for the Department of 
State Police from special
funds ________________ $5,558,845
the first year, and $5,808,000 the 

second year.



558

DEPARTMENT OF MILITARY AFFAIRS

First
Item 90 Year
For providing military protection for the 

State, to be expended in accordance with
§ 44-14 of the Code of V irginia----------- $ 273,350 $

Out of this appropriation the follow­
ing salary shall be paid :

Adjutant General___________ $9,350

Item 91
For the military contingent fund, out of 

which to pay the military forces of the 
Commonwealth when aiding the civil 
authorities, as provided by § 44-82 of the 
Code of Virginia, a sum sufficient.

In the event units of the Virginia 
National Guard shall be in Federal ser­
vice, the sum allocated herein for their 
support shall not be used for any differ­
ent purpose, except, with the prior 
written approval of the Governor, to 
provide for the Virginia State Guard.

DEPARTMENT OF CORPORATIONS 

S t a t e  C o r p o r a t io n  C o m m is s io n

Item 92
For expenses of administration of the 

State Corporation Commission and ex­
penses of retired Commissioners recalled 
to active duty, in accordance with law 133,775 $

Out of this appropriation the follow­
ing salaries shall be paid :

Chairman, State Corporation
Commission _____________ $14,000

Other members of the State 
Corporation Commission (2), 
at $13,500 each ______ $27,000

272,850

Second
Year

133,535



559

Item 93
First
Year

Second
Year

For assessment and taxation of public ser­
vice corporations _____________ ____ $ 35,225 $ 35,535

Item 94
For rate regulation__________ ________ $ 21,155 $ 20,730

Item 95
For providing legal services for the State

Item 96
For regulating sale of securities, in accord­

ance with the provisions of §§ 13-106 to 
13-164 (Chapter 8 of Title 13 of the
Code of Virginia) ____ __-__________ $

With the prior written approval of 
the Governor, this appropriation may be 
increased, provided, however, that the 
total appropriations shall not exceed the 
sum collected from filing and license fees 
under the sections of the Code pertain­
ing to this activity.

[fol. 654]
Item 97
For preparation and prosecution of rate 

cases ____ ________________ _______ $

20,445 $ 20,795

17,750 $ 17,750

1,000 $ 1,000

Item 98
For payment of court costs, a sum suffi­

cient, estimated a t __________________ $ 100 $ 100

Item 99
For making appraisals, valuations, investi­

gations and inspections of the properties 
and services of certain public service 
companies, and for the supervision and 
administration of the laws relative to 
public service companies, in accordance 
with §§ 58-660 to 58-671, inclusive, of 
the Code of Virginia, to be paid only 
out of the proceeds of the taxes levied



560

and collected under Article 15 of Chap­
ter 12 of Title 58 of the Code of Vir­
ginia, and not out of the general fund 
of the State treasury, the amount de­
rived from the aforesaid taxes, and un­
expended balances from said tax rev­
enue, estimated at ----------------$299,775
the first year, and $302,105 the second 

year.

Item 100
For the promotion of aviation in the public 

interest, to be paid only out of the tax 
on gasoline or fuel used in flights within 
the boundary of the S tate; and fees from 
the licensing or registering of airmen, 
aircraft, and airports, and from all 
heretofore unexpended balances derived 
from any of the above sources, and not 
out of the general fund of the State
treasury ___________________ $126,035
the first year, and $140,855 the second 

year.

Item 101
For regulating and taxing motor vehicle 

carriers, to be paid only out of fees col­
lected from them by the State Corpora­
tion Commission and taxes on them col­
lected under acts administered by the 
State Corporation Commission and paid 
into the State treasury to the credit of 
the highway maintenance and construc­
tion fund, the amount of said revenues,
estimated a t ________ -_______ $326,970
the first year, and $334,100 the second 

year.

First
Year

Second
Year



561

Item 102 Year
For examination and supervision of banks, 

small loan companies, credit unions, and 
- building and loan associations, to be paid 

only out of the fees, licenses, and taxes 
levied and collected for the examination 
and supervision of the said banks, small 
loan companies, credit unions, and build­
ing and loan associations and paid into 
the State treasury in accordance with 
law, and out of unexpended balances in 
said fees, licenses, and taxes heretofore 
paid into the State treasury, as afore­
said ; provided, however, that no part of 
this appropriation shall be paid out of 
the general fund of the State treasury,
not exceeding ______________ $254,421
the first year, and $254,339 the second 

year.
Out of this appropriation the follow­

ing salary shall be paid :
Commissioner of Banking, not

exceeding ________________ $9,900
[fol. 655]
Item 103-104
For supervision and inspection of concerns 

conducting an insurance business in Vir­
ginia, as required by law, and for admin­
istration of the Virginia Fire Hazards 
Law, to be paid out of the fees, licenses 
and taxes levied and collected for the 
payment of the expenses incurred in 
supervising and inspecting the aforesaid 
concerns, and paid into the State treas­
ury in accordance with law, and out 
of unexpended balances in said fees, 
licenses and taxes heretofore paid into 
the State treasury as aforesaid; pro­
vided, however, that no part of this

First Second
Year



562

First
Year

Second
Year

appropriation shall be paid out of the 
general fund of the State treasury, not
exceeding ----------------------------$367,520
the first year, and $371,870 the second 

year.
Out of this appropriation the follow­

ing salary shall be pa id :
Commissioner of Insurance,

not exceeding ----------------$10,450
This sum includes any compensation 

for services as a zone manager of the 
National Association of Insurance Com­
missioners.

Total for the Department of Corpora­
tions __________________________ $ 229,450 $ 229,445

DEPARTMENT OF LABOR AND INDUSTRY

Item, 105
For expenses of administration of the

Bureau of Labor and Industry_______ $
Out of this appropriation the follow­

ing salary shall be paid :
Commissioner _____________$10,000

Item 106
For research and statistics______ .______ $

Item  107
For factory, institution and mercantile in­

spections __________________________ $

Item  108
For mines and quarries inspection .......   __...$

Item 109
For supervising the industrial employment 

of women and children______________ $

33,125 $ 33,265

41,765 $ 42,530

95,310 $ 97,930

75,450 $ 77,025

49,255 $ 50,065



563

Item, 110
For apprenticeship training $ 83,200

First
Year

$ 82,550

Second
Year

Total for the Department of Labor
and Industry __________________ $ 378,105 383,365

DEPARTMENT OF WORKMEN’S COMPENSATION 

I n d u s t r ia l  C o m m is s io n  o f  V ir g in ia

Item 111
For administration of the Virginia Work­

men’s Compensation Act, to be paid out 
of the receipts from taxes levied and 
collected and paid into the State treas­
ury for the administration of the Work­
men’s Compensation Act in accordance 
with law, and expenses of retired Com- 

[fol. 656]
missioners recalled to active duty, in 
accordance with law; provided, that no 
part of this appropriation shall be paid 
out of the general fund of the State
treasury, not exceeding______ $331,600
the first year, and $304,425 the second 

year.
Out of this appropriation the follow­

ing salaries shall be paid :
Commissioners (3), at $11,000 

each________________ . . $33,000

Item 112
For administration of the Workmen’s Com­

pensation Act there is hereby appropri­
ated the additional sum of $10,000 each 
year to be paid out of the workmen’s 
compensation fund; provided, however, 
that no part of this appropriation shall 
be expended except with the Governor’s 
approval in writing first obtained.



564

UNEMPLOYMENT COMPENSATION COMMISSION 
OF VIRGINIA

First
Item 113 Year
For expenses of administration of the Vir­

ginia Unemployment Compensation Act, 
exclusive of the payment of unemploy­
ment compensation benefits, a sum suffi­
cient, estimated a t _________ $2,679,200
the first year, and $2,726,800 the second

year.
It is hereby provided that out of this 

appropriation the following salary shall 
be paid:

Commissioner _____________ $11,000

Item 114
For administration of a merit system pro­

gram for the Unemployment Compensa­
tion Commission of Virginia, a sum
sufficient, estimated a t _________ $6,000
each year.

Item 115
I t is hereby provided that the afore­

said appropriations for administration 
of the Virginia Unemployment Compen­
sation Act and administration of a merit 
system program shall be paid only out 
of the unemployment compensation ad­
ministration fund established by § 60-21 
and Article 2 of Chapter 8 of Title 60 
of the Code of Virginia, and not out of 
the general fund of the State treasury.
All monies which are deposited or paid 
into this fund are hereby appropriated 
and made available to the commission.

Second
Year



565

Item, 116 Year
For payment of unemployment benefits as 

authorized by the Virginia Unemploy­
ment Compensation Act, a sum sufficient,
estimated at ______________ $7,200,000
each year.

It is hereby provided that this appro­
priation for payment of unemployment 
benefits shall be paid only out of the 
monies requisitioned from the State of 
Virginia’s account in the unemployment 
compensation trust fund in the treasury 
of the United States, and paid into the 
State treasury to the credit of the un­
employment compensation fund in ac­
cordance with the provisions of §§ 60-90 
through 60-94, inclusive, of the Code of 
Virginia, and not out of the general fund 
of the State treasury.

[fol. 657]
Item 117
For special unemployment compensation 

expenses to be paid only out of the Spe­
cial Unemployment Compensation Ad­
ministration Fund continued in effect by 
§ 60-95 of the Code of Virginia, a sum
sufficient, not to exceed----------- $10,000
each year.

Item 118
For refund of contributions and interest 

thereon in accordance with the provi­
sions of § 60-94 of the Code of Virginia, 
to be paid only out of the clearing ac­
count created by § 60-90 of the Code of 
Virginia, a sum sufficient.

Item 119
For payment to the Secretary of the 

Treasury of the United States to the

First Second
Year



566

credit of the unemployment compensa­
tion trust fund established by the Social 
Security Act, to be held for the State of 
Virginia upon the terms and conditions 
provided in the said Social Security 
Act, there is hereby appropriated the 
amount remaining in the clearing ac­
count created by § 60-90 of the Code of 
Virginia after deducting from the 
amounts paid into the said clearing 
account the refunds payable therefrom 
pursuant to § 60-94 of the Code of Vir­
ginia.

Total for the Unemployment Compen­
sation Commission of Virginia from
special funds ---------------$9,895,200
the first year, and $9,942,800 the 

second year.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 

Items 120-121
For administration of the functions, 

powers and duties assigned to the Vir­
ginia Alcoholic Beverage Control Board 
by the Alcoholic Beverage Control Act, 
to be paid only out of the monies col­
lected and paid into the State treasury 
by the said board, as provided by § 4-23 
of the Code of Virginia, and not out 
of the general fund of the State treas­
ury, provided, however, with approval 
of the Governor, loans for the payment 
of such expenditures may be made from 
the general fund and from any other 
funds in the State treasury upon such 
terms as the Governor may approve, a 
sum sufficient, estimated at .-.$86,785,630 
the first year, and $86,846,230 the second 

year.

First
Year

Second
Year



567

It is hereby provided that out of this 
appropriation the following salaries shall

First Second
Year Year

be pa id :
Chairman of the board _____ $11,500
Vice-Chairman ____________ $11,500
Member of board __________ $11,500
Salaries for other personal service 

shall be fixed by the Virginia Alcoholic 
Beverage Control Board, with approval 
by the Governor, as provided by the 
Alcoholic Beverage Control Act. (The 
sums for such purpose set forth in the 
Budget are estimates only, and are not 
to be construed as affecting the discre­
tion of the Governor or the Board with 
regard thereto as provided in said Act.)

[fol. 658]
VIRGINIA STATE LIBRARY

Item 122
For maintenance and operation of the Vir­

ginia State Library -------------------------$ 307,110 $ 312,420

Item 123
For acquiring, preserving and publishing 

records and books, including the micro­
filming of newspapers and records - ..„___$ 110,000 $ 110,000

Item 124
For State aid to public libraries in accord­

ance with the provisions of §§ 42-24 to
42-32 of the Code of V irg in ia______129,500 $ 129,500

Total for Virginia State L ib ra ry___ $ 546,610 $ 551,920

VIRGINIA MUSEUM OF FINE ARTS

Item 125
For maintenance and operation of the Vir­

ginia Museum of Fine A r ts __________ $ 224,677 $ 231,367



568

It is provided that no part of this 
appropriation from the general fund 
shall be expended in the maintenance 
and operation of theatrical productions.

Item 126
It is provided that the board of direc­

tors of the Virginia Museum of Pine 
Arts may expend for the maintenance 
and operation of said museum, and for 
the purchase of additional equipment 
and works of art, the revenues collected 
from interest on endowments or from 
the operation of said museum, or do­
nated therefor, and paid into the State
treasury, estimated a t -------------$95,173
the first year, and $97,983 the second 

year.

DEPARTMENT OP EDUCATION 
STATE BOARD OP EDUCATION

Item 127
For expenses of administration of the 

State Board of Education, including the 
payment of premiums on official bonds 
in accordance with the provisions of
§ 2-8 of the Code of V irg in ia________ $ 149,300

Out of this appropriation shall be paid 
the following salary:

Superintendent of Public In­
struction (without fees, the 
fees collected by him to be 
paid into the general fund 
of the State treasury) ____ $14,850

Item 128-A
For research, planning and tes ting --------$ 146,780

First
Year

Second
Year

$ 150,300

$ 148,680



569

First Second
Item 128-B Year Year
For teacher education and teaching schol­

arships for the public free schools, an
amount not to exceed_______________ $ 612,500 $ 696,100

To be apportioned under rules and 
regulations of the State Board of Educa­
tion with the approval of the Governor.

Item 129
For State supervision     ______ $ 322,500 $ 326,500
[fol. 659]
Item 130
For production of motion picture films $ 36,950 $ 37,125

Item 131
For production of motion picture films, to 

be paid only from funds derived by the 
State Board of Education from the pro­
duction of such films and paid into the 
State treasury, and not out of the gen­
eral fund of the State treasury .... $15,000 
each year.

Item 132
For local administration (salaries of divi­

sion superintendents) ________________$ 265,000 $ 265,000
This appropriation shall be expended 

for salaries of division superintendents 
under the conditions set forth in § 22-37, 
as amended, of the Code of Virginia.

Item 133
For the establishment and maintenance of 

local s u p e r v i s i o n  of instruction in 
efficient elementary and * secondary 
schools, including visiting teachers, to 
be apportioned among such schools by
the State Board of Education .......... .... $ 698,000 $ 698,000



570

First
Item, 134 Year
For basic appropriation for * salaries of 

teachers employed, only in efficient ele­
mentary and secondary schools_______ $34,342,000

It is provided that in the apportion­
ment of this sum no county or city shall 
receive less than the amount prescribed 
by § 135 of the Constitution of Virginia.

It is provided, further, that the total 
of this sum, including the aforemen­
tioned apportionment, and the sums set 
forth in Items 135 and 136 shall be 
apportioned to the public schools by the 
State Board of Education under rules 
and regulations promulgated by it to 
effect the following provisions:

a. The apportionment shall be on 
the basis of an equal amount not ex­
ceeding $1,500 for each year of the 
biennium for each State aid teaching 
position, provided, however, that no 
payment from this item for a State 
aid teaching position shall exceed two- 
thirds of the salary paid the incum­
bent of a State aid teaching position 
when the total salary of such incum­
bent is less than the amount of State 
aid available for each State aid teach­
ing position. For purposes of this act,
“State aid teaching position” is de­
fined as one teaching position for each 
thirty (30) pupils in average daily 
attendance in the elementary grades 
and one teaching position for each 
twenty-three (23) pupils in average 
daily attendance in the high school 
grades. The average daily attendance 
figures used in the apportionment for 
the first fiscal year of this biennium.

$37,882,000

Second
Year



571

shall be the average daily attendance 
figures for the school year preceding 
such apportionment. The average 
daily attendance figures used in the 
apportionment for the second fiscal 
year of this biennium shall be the 
average daily attendance figures for 
the second school year of the bien­
nium.

b. No apportionment from this item 
shall be made to any county or city 
for State aid teaching positions in ex-

[fol. 660]
cess of the number of such positions 
in which teachers are actually em­
ployed; provided, however, that in 
exceptional circumstances and in the 
discretion of the State Board of Edu­
cation, a county or city may employ 
fewer teachers than the number of as­
signed State aid teaching positions 
allotted in accordance with para­
graph a.

c. No apportionment from this item 
shall be made to any county or city 
except for payment of salaries of 
teaehers or other instructional per­
sonnel in the public schools, or for 
payment of tuition in lieu of teacher 
or other instructional salaries under 
rules and regulations of the State 
Board of Education.

d. The a n n u a l  expenditure of 
funds derived from local sources, for 
instruction in the public schools shall 
not be less than the annual expendi­
ture made from local sources for such 
instruction for the school year 1955- 
1956. However, if a county or city

First
Year

Second
Year



572

has established and maintains a salary- 
schedule for teachers and other in­
structional personnel satisfactory- to 
the State Board of Education, the ex­
penditure, derived from local funds, 
for the salaries of teachers and other 
instructional personnel may be re­
duced below such expenditures for the 
school year 1955-1956, provided the 
reduction and the amount of reduc­
tion are approved by the State Board 
of Education. Also, a county or city 
may reduce such expenditure in ex­
ceptional circumstances due to a sub­
stantial loss in average daily attend­
ance of pupils in the county or city, 
or in other exceptional local condi­
tions, provided the reduction and the 
amount of reduction are approved by 
the State Board of Education.

e. The county or city shall pay 
from local funds at least thirty per 
cent (30%) of the total amount ex­
pended for salaries of teachers and 
other instructional personnel. How­
ever, a county or city shall be per­
mitted by the State Board of Educa­
tion to pay not less than twenty per 
cent (20%) of such amount if the 
county or city provides a levy or cash 
appropriation or a combination of 
both for schools which, when converted 
to an equivalent true tax rate, is as 
great as the average of all county or 
all city levies or cash appropriations 
or a combination of both such levies 
and appropriations for schools con­
verted to an equivalent true tax ra te ; 
in converting a levy or cash appro-

First
Tear

Second
Tear



priation or a combination of both for 
schools to an equivalent true tax rate, 
ratios of assessed valuations to true 
values used shall be the most recent 
such ratios determined by the State 
Tax Commissioner. For such counties 
or cities, the State Board of Educa­
tion shall determine the per cent of 
local contribution, in no instance less 
than twenty per cent (20.%) of the 
total amount expended for salaries of 
teachers a.nd other instructional per­
sonnel.

f. A minimum salary schedule for 
teachers and other instructional per­
sonnel, satisfactory to the State Board 
of Education and approved by the 
Governor, shall be put into effect.

[fol. 661]
g. If any municipality annexes any 

portion of any county or counties, the 
State Board of Education shall make 
such equitable adjustment of the 
funds which would otherwise have 
gone to either as is in its opinion justi­
fied by the peculiar condition created 
by such annexation, and order dis­
tribution of such funds according to 
its findings. This provision shall not 
apply if a court of competent juris­
diction makes such adjustment and 
orders such distribution.

h. Allotments of funds from this 
item and from Items 135 and 136 be­
yond the constitutional appropriation 
shall be paid to a county or city only 
after submission of evidence satisfac­
tory to the State Board of Education 
that the amount for which the allot-



574

Year
First

ment is claimed has been or will be 
expended for the purpose designated 
and in full compliance with the terms 
and conditions set forth pursuant to 
this item.
It is further provided that in the event 

the total of the sums set forth in Items 
134, 135, and 136 exceeds the amount 
necessary to make the apportionments 
required by this item, any balance re­
maining may, upon request by the State 
Board of Education, and with the prior 
written approval of the Governor, be 
transferred and added to the sums set 
forth in Item 138, or in Item 144 or in 
both.

Item 135
For basic appropriation for teachers’ sal­

aries, to be paid from the actual collec­
tions of special taxes segregated by § 135 
of the Constitution of Virginia to sup­
port of the public free schools • provided, 
that no part of this appropriation shall 
be paid out of the general fund of the
State treasury, estimated a t_$1,100,000
each year.

Item 136
For basic appropriation for teachers’ sal­

aries, to be paid from the proceeds of 
interest payments to the Literary F u n d ; 
provided, that no part of this appro­
priation shall be paid out of the gen­
eral fund of the State treasury, esti­
mated a t ___________________ $750,000
each year.
Provided that should such interest pay­
ments exceed the sum of $750,000; then 
such excess to the extent of $100,000 dur-

Year
Second



575

ing the second year of the biennium is 
hereby appropriated for transportation 
of pupils of primary and grammar 
grades, to be apportioned on a basis of 
school population, which shall be in 
addition to all other appropriations for 
pupil transportation.

Item, 137
For salary equalization of teachers em­

ployed only in efficient elementary and 
secondary schools _____........... ........ _ 7,079,680 $ 9,174,625

a. It is provided that the State 
Board of Education shall first dis­
tribute from these sums to each county 
and city an amount equal to the 
amount paid to each such county and 
city during the year ended June 30,
1954, from Item 186, Chapter 716 of 
the Acts of Assembly of 1952.

[fol. 662]
b. It is provided that the State 

Board of Education shall next dis­
tribute from these sums to each county 
and city amounts required to place in 
effect the salary schedules approved 
for public school teachers by the State 
Board of Education and the Governor.
The distribution shall be made subject 
to conditions stated herein and sub­
ject to rules and regulations, not con­
flicting therewith, promulgated by 
the State Board of Education. The 
amounts distributed subject to this 
paragraph shall not exceed the 
amounts necessary, as supplements to 
total salaries paid teachers in State 
aid teaching positions in 1955-56, to 
place such teachers on the salary

First
Year

Second
Year



576

schedules. In addition, the State 
Board of Education may distribute 
from this item such sums as it deems 
reasonable to supplement local sums 
paid for teachers employed in new 
State aid teaching positions subse­
quent to 1955-56. No funds distrib­
uted from this item shall be expended 
to increase the salary of a teacher for 
the year 1956-57 or for the year 1957- 
58 by an amount exceeding $200 each 
year for a teacher holding Collegiate 
Professional or related teaching cer­
tificates or $150 each year for a teacher 
holding Normal Professional or re­
lated teaching certificates; with the 
prior written approval of the Gov­
ernor, this limit of amount may be 
removed by the State Board of Edu­
cation for the year 1957-58. If the 
sums available for this paragraph as 
listed herein or by authorized transfer 
hereto are not sufficient for the pur­
poses described, the distribution of 
such sums shall be made on a pro rata 
basis; if such sums exceed the amounts 
required for the purposes described, 
any excess amounts may, with the 
prior written approval of the Gov­
ernor, be transferred and added to the 
amounts set forth in Item 138.

c. I t  is provided further that the 
State Board of Education shall make 
no distribution from this item to any 
county or city which has not first com­
plied with the conditions stated in 
paragraphs c-h, inclusive, of Item 134 
and in paragraph b of Item 138.

First
Year

Second
Year



577

Item 138
For providing a minimum educational pro­

gram in efficient elementary and second­
ary schools o n ly_____ _..._____. _____ $ 6,240,090 $ 6,536,400

A county or city, which meets the re­
quirements stated below is eligible, sub­
ject to rules and regulations promul­
gated by the State Board of Education, 
to receive an apportionment from this 
item to provide sufficient monies to oper­
ate a minimum educational program; a 
minimum educational program is defined 
as expenditure for school operation of 
not less than one hundred and seventy 
dollars per pupil in average daily at­
tendance. To be eligible for an appor­
tionment from this item, a county or 
city m ust:

a. Have projected, in the opinion 
of the State Board of Education, a 
well-planned educational program, 
and

b. Have e x p e n d e d  from local 
sources for school operation, exclusive 
of capital outlay and debt service, an

[fol. 663]
amount equivalent to a uniform tax 
levy of fifty cents per one hundred 
dollars ($100) of true valuation of 
local taxable wealth within such 
county or city. The true valuation of 
local taxable wealth used for this pur­
pose shall be that determined by the 
State Department of Taxation for the 
tax year 1950.

e. Be still unable, with the amount 
thus provided from local sources, other 
available State apportionments for the

First Second
Year Year



578

First
Year

Second
Year

public free schools, and Federal funds 
(not including capital outlay), to pro­
vide a minimum educational program 
as defined above.

I t is further provided that the State 
Board of Education may, in its discre­
tion, apply eligibility requirements 
and compute allocations from this 
fund separately for any town school 
district operated by a school board 
of not more than five members, and 
the county in which such town is 
located.

If the amount set forth in Items 
134-136, inclusive, or in Item 137 are 
not sufficient for the purposes de­
scribed therein, the State Board of 
Education with the prior written ap­
proval of the Governor, may transfer 
from Item 138 to Item 134 or to Item 
137, or to both, such sums as may be 
deemed proper.
If the amount provided by this item 

is insufficient to meet the entire needs 
of those counties and cities which qual­
ify for apportionments as herein pro­
vided, the amount shall be distributed 
to such counties and cities on a pro rata 
basis.

No county or city shall receive from 
the total appropriation under this item 
more than one hundred and seventy-five 
thousand dollars during the year ending 
June 30, 1957, or more than two hundred 
thousand dollars during the year ending 
June 30, 1958.

Item 139
For special education $ 481,850 $ 507,350



Item 140 Y  ear
For vocational education and to meet Fed­

eral aid _______  __________________ $ 3,414,315

Item 141
For vocational education, the funds re­

ceived from the Federal government for 
vocational education, provided that no 
part of this appropriation shall be paid 
out of the general fund of the State
treasury, estimated a t _______ $780,630
each year

It is provided that a sum, not less 
than $4,500 each year, be transferred 
from this appropriation to the general 
fund of the State treasury as a propor­
tionate share of the administrative ex­
penses of the State Board of Education.

Item 142
For guidance and adult education______ $ 40,000

[fol. 664]
Item 143
For pupil transportation to and from effi­

cient elementary and secondary schools
only ___________________ __________ $ 4,895,145

This appropriation shall be distrib­
uted as reimbursement for costs of pupil 
transportation under rules and regula­
tions to be prescribed by the State Board 
of Education; provided no county or 
city shall receive an allotment in excess 
of the amount actually expended for 
transportation of pupils to and from the 
public schools, exclusive of capital out­
lay ; provided, further, that if the funds 
appropriated for this purpose are in­
sufficient, the appropriation shall be 
prorated among the counties and cities 
entitled thereto.

First

$ 3,703,635

Second
Year

$ 40,000

$ 5,035,145



580

First
Year

Second
Year

The General Assembly declares, finds 
and establishes as a fact that the mixing 
of white and colored children in any 
elementary or secondary public school 
within any county, city or town of the 
Commonwealth constitutes a clear and 
present danger affecting and endanger­
ing the health and welfare of the chil­
dren and citizens residing in such 
county, city or town, and that no effi­
cient system of elementary and second­
ary public schools can be maintained in 
any county, city or town in ivhich white 
and colored children are taught in any 
such school located therein.

An efficient system of elementary 
public schools means and shall be only 
that system within each county, city or 
town in which no elementary school con­
sists of a student body in which white 
and colored children are taught.

An efficient system of secondary public 
schools means and shall be only that 
system within each county, city or town 
in which no secondary school consists 
of a student body in which white and 
colored children are taught.

The General Assembly, for the pur­
pose of protecting the health and welfare 
of the people and in order to preserve 
and maintain an efficient system of 
public elementary and secondary schools, 
hereby declares and establishes it to be 
the policy of this Commonwealth that 
no public elementary or secondary 
schools in which white and colored chil­
dren are mixed and taught shall be en­
titled to or shall receive any funds from 
the State Treasury for their operation,



and, to that end, forbids and prohibits 
the expenditure of any part of the funds 
appropriated by Items 133,134,137,138 
and 143 of this section for the establish­
ment and maintenance of any system of 
public elementary or secondary schools, 
which is not efficient.

The appropriations made by Items 
133,134,137, 138 and 143 of this section 
shall be deemed to be appropriated sepa­
rately to the counties and cities and the 
funds made available and apportioned 
to the counties and cities severally and 
separately by the Department of Educa­
tion and the State Board of Education 
shall be separately subject to the limita­
tions imposed in this section for their 
use, which limitations and a strict ob­
servance thereof shall be a condition 
precedent to their use.

[fol. 665]
For the purposes of this section and all 

other applicable laws, the public schools 
of the counties, cities and towns shall 
consist of two separate classes, namely, 
elementary and secondary schools.

Notwithstanding any other provisions 
of this Chapter or the provisions of any 
other law, whenever the student body 
in any elementary or secondary public 
school shall consist of both white and 
colored children, the Department of 
Education, the State Board of Educa­
tion, the State Comptroller, the State 
Treasurer, local school board, local treas­
urer, and any officer of the State or of 
any county or city who has power to 
distribute or expend any of the funds 
appropriated by Items 133, 134,137, 138



582

and 143, each severally and collectively, 
are directed and commanded to refrain 
immediately from paying, allocating, 
transferring or in any manner making 
available to any county, city or town in 
which such school is located any part 
of the funds appropriated in Items 133,
134, 137, 138 and 143 for the mainte­
nance of any public school of the class 
of the school in which white and colored 
children are taught. Whenever it is 
made to appear to the Governor, and he 
so certifies to the Department of Educa­
tion, that all such schools of such class 
within any such county, city or town can 
be maintained and operated without 
white and colored children being mixed 
or taught therein, the funds appropri­
ated in Items 133, 134, 137, 138 and 143 
to such county or city shall be made 
available, subject to the limitations con­
tained herein and only for such period 
of time as it is made to appear to the 
Governor that there is no school of that 
class being operated in such county, city 
or town, in which white and colored chil­
dren are mixed and taught, provided 
that all the limitations herein contained 
shall again be effective immediately 
whenever it appears that any children 
are being mixed and taught in any 
public school of the class involved.

I t  is provided that the limitations 
herein set forth shall not prohibit the 
release and distribution of the funds 
apportioned and allocated, or any un­
expended part thereof, to which any 
county, city or town would otherwise 
be entitled, to such county, city or town

First
Year

Second
Year



583

for the payment of salaries and wages 
of unemployed teachers in State aid 
teaching positions, and other public 
school employees, who are under con­
tract and for educational purposes which 
may be expended in furtherance of ele­
mentary and secondary education of 
Virginia students in nonsectarian pri­
vate schools, as may be provided by law.

Item 144
For a discretionary fund to be disbursed 

under the rules and regulations of the
State Board of Education_____ ___ $ 100,000

It is provided that the State Board of 
Education may make apportionments 
from this discretionary fund only under 
the following conditions:

(1) For the purpose of aiding cer­
tain counties to operate and maintain 
a nine-month school term : satisfactory 
assurances must be given to the State 
Board of Education that (a) without 
aid from this fund the county is un­
able from local funds and other State

[fol. 666]
funds to operate and maintain a nine- 
month school term, (b) maximum local 
funds for instruction, operation, and 
maintenance have been provided, and 
(c) such local funds, with other State 
funds apportioned to said county, and 
aid from this appropriation will en­
able the schools in said county to be 
operated and maintained for a term 
of not less than nine months.

(2) For the purpose of aiding those 
counties and/or cities which are ex­
periencing extraordinary continuing

Fir si
Year

Second
Year

100,000



584

increases in average daily attendance, 
thereby requiring employment of 
additional teachers in excess of the 
number anticipated on the basis of 
average daily attendance of pupils 
enrolled during the preceding school 
year.

Item 145
For sick leave with pay for teachers in 

the public free schools, to be expended 
in accordance with regulations of the 
State Board of Education, subject to 
the prior written approval of the Gov-

First Second
Tear Tear

ernor _______________________

Item  146

-------- $ 231,000 $ 241,000

For providing free text books____ --------$ 203,000 $ 203,000
Item 147
For maintenance of libraries and other 

teaching material in public schools 451,775 $ 471,325

Item  148
For maintenance of libraries and other 

teaching materials in public schools, to 
be paid only out of the funds received 
from localities, and paid into the State 
treasury, and not out of the general 
fund of the State treasury, estimated
a t _________________________ $233,000
the first year, and $244,000 the second 

year.

Item 149
For industrial rehabilitation___________ $ 526,065 $ 533,735

Item  150
For industrial rehabilitation to be paid 

only from funds received from the Fed­
eral government and from local con­



585

tributions for any such rehabilitation 
and not out of the general fund of the
State treasury, estimated a t __ $796,135
the first year, and $811,465 the second 

year.

Item 151
For industrial rehabilitation to be paid 

from the fund for the administration 
of the Workmen’s Compensation Act and 
not out of the general fund of the State
treasury ____________________ $17,000
each year.

Item 152
For placement and training of veterans in

business establishments _________ ___$ 8,260

Item 153
For placement and training of veterans in 

business establishments, to be paid only 
out of funds received from the Federal 
government for this purpose, and not 
out of the general fund of the State
treasury ._________________________________$235,000
each year.

[fol. 667]
Item 154
For the education of orphans of soldiers, 

sailors and marines who were killed in 
action or died, or who are totally and 
permanently disabled as a result of ser­
vice during the World War ....... ._..... .... $ 16,000

It is provided that the sum hereby 
appropriated shall be expended for the 
sole purpose of providing for tuition, 
institutional fees, board, room rent, 
books and supplies, at any educational 
or training institution of collegiate or

First
Year

Second
Year

8,285

18,000



586

secondary grade in the State of Virginia, 
approved in writing by the Superinten­
dent of Public Instruction, for the use 
and benefit of the children not under 
sixteen and not over twenty-five years 
of age, either of whose parents was a 
citizen of Virginia at the time of enter­
ing war service and was killed in action 
or died from other causes in World War 
I extending from April 6, 1917, to July 
2, 1921, or in any armed conflict subse­
quent to December 6, 1941, while serv­
ing in the army, navy, marine corps, 
air force or coast guard of the United 
States, either of whose parents was, or 
is, or may hereafter become totally and 
permanently disabled due to such ser­
vice during either such period, whether 
such parents be now living or dead.

Su.ch children upon recommendation 
of the Superintendent of Public Instruc­
tion, shall be admitted to State institu­
tions of secondary or college grade, free 
of tuition.

The amounts that may be, or may be­
come, due hereunder by reason of attend­
ance at any such educational or training 
institution, not in excess of the amount 
specified hereinafter shall be payable 
from this appropriation hereby author­
ized on vouchers approved by the Super­
intendent of Public Instruction.

The Superintendent of Public Instruc­
tion shall determine the eligibility of 
the children who may make application 
for the benefits provided for herein; and 
shall satisfy himself of the attendance 
and satisfactory progress of such chil­
dren at such institutions and of the

First
Year

Second
Year



587

accuracy of the charge or charges sub­
mitted on account of the attendance of 
any such children at any such institu­
tion, provided, that neither said Super­
intendent nor any member of the State 
Board of Education, nor any official or 
agent or employee thereof, shall receive 
any compensation for such services.

Not exceeding four hundred dollars 
shall be paid hereunder for any one child 
for any one school year; and no child 
may receive benefits of this or similar 
appropriations for a total of more than 
four school years.

This amendment shall not operate to 
divest any such child of any such schol­
arship now holding any such scholarship 
under this act except that the four-year 
limitation herein provided for shall 
apply to any scholarship heretofore 
issued.

Item 155
For twelve months’ principals _________$ 300,000

[fol. 668]
Item 156
For the acquisition and distribution of 

surplus equipment, to be paid only from 
funds derived by the State Board of 
Education from such acquisition and 
distribution of the said equipment and 
paid into the State treasury, and not 
out of the general fund of the State
treasury ________ .______ - .._..$30,000
each year.

Item, 157
The State Board of Education shall 

make rules and regulations governing

First
Year

Second
Year

300,000



the distribution and expenditure of such 
additional Federal, private and other 
funds as may be made available to aid 
in the establishment and maintenance of 
the public schools.

First Second
Year Year

Total for the State Board of Educa­
tion __________________________ $60,560,210 $67,076,205

CHAPTER 56
A n  A c t to make ava ilab le to certain counties, c ities and 

towns funds to be expended in  furtherance of the 
elementary and/o r secondary education of pup ils  in  
nonsectarian p rivate  schools and fo r payments to 
teachers and other employees under certain conditions, 
and to p rovide fo r  a determ ination of the amount and 
conditions fo r  receipt of such funds.

[H 2]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. Whenever the amounts, or any part thereof, of
the funds appropriated by Items 133, 134, 137, 138 and 143 
of Chapter 716 of the Acts of Assembly of 1956, as amended, 
to which any county, city or town would otherwise have 
been entitled for the maintenance of its elementary public 
school system, shall be withheld as prescribed by law, the 
amounts so withheld shall be available to such county, city 
or town for the furtherance of the elementary education of 
the children of such county, city or town in nonsectarian 
private schools as hereafter provided, and for the payment 
of salaries and wages of unemployed teachers in State aid 
teaching positions, and other public school employees, who 
are under contract; provided, nothing herein contained shall 
obligate the State to release such funds for the employment 
or compensation of unemployed teachers and other public



589

school employees beyond the terms and conditions of their 
contracts, or the end of the school year, whichever is longer.

§ 2. Whenever the amounts, or any part thereof, of 
the funds appropriated by Items 133, 134, 137, 138 and 143 
of Chapter 716 of the Acts of Assembly of 1956, as amended, 
to which any county, city or town would otherwise have 
been entitled for the maintenance of its secondary public 
school system, shall be withheld as prescribed by law, the 
amounts so withheld shall be available to such county, city 
or town for the furtherance of the secondary education of 
the children of such county, city or town in nonsectarian 
private schools as hereafter provided, and for the payment 
of salaries and wages of unemployed teachers in State aid 
teaching positions, and other public school employees, who 
are under contract; provided, nothing herein contained 
shall obligate the State to release such funds for the em­
ployment or compensation of unemployed teachers and 
[fob 669] other public school employees beyond the terms 
and conditions of their contracts, or the end of the school 
year, whichever is longer.

§ 3. Such amounts as may be available to any county, 
city or town under the provisions of §§ 1 and 2 of this act 
shall be distributed, under rules and regulations of the 
State Board of Education, to such county, city or town, 
for grants to pupils attending nonsectarian private schools, 
upon the following basis:

(a) Each pupil attending a nonsectarian private school, 
elementary or secondary as the case may be, shall be en­
titled to an amount equal to the quotient derived by dividing 
the total amount withheld for the elementary or secondary 
public school system by the enrollment of pupils formerly 
attending those schools which comprised the elementary 
or secondary public school system for which such amounts 
have been withheld.

§ 4. Should any of the funds authorized to be distrib­
uted under § 3 of this act remain undistributed at the end 
of any school year, such surplus may be released under 
rules and regulations of the State Board of Education to 
the counties, cities and towns entitled thereto for distribu­



590

tion to the pupils to whom grhnts for that school year were 
originally made; provided, however, in no case shall the 
total amounts distributed to a pupil exceed the total cost 
of his attendance for that school year in a nonsectarian 
private school; provided, further, the aggregate received 
on account of any one pupil shall not from all public sources 
exceed three hundred fifty dollars.

§ 5. No distribution shall be made to any county, city 
or town under the provisions of §§ 3 and 4 of this act except 
upon receipt of evidence, satisfactory to the State Board 
of Education, that such sums have been or will be expended 
in furtherance of the elementary and/or secondary educa­
tion of the children of such county, city or town in non­
sectarian private schools.

§ 6. In the event of the unavailability of any data for 
the current school year which would otherwise have been 
utilized by the State Board of Education in making alloca­
tions in accordance with the provisions of Items 133, 134, 
137, 138 and 143 of Chapter 716 of the Acts of Assembly 
of 1956, as amended, and rules and regulations of the State 
Board, the most recent data available to the State Board 
of Education shall be used in making such allocations.

CHAPTER 57
A n  A c t to authorize certain loca lities to ra ise sums of 

money by a tax on property, subject to loca l taxation, 
to be expended by local school authorities fo r  educa­
tiona l purposes inc lud ing cost of transportation, and 
to impose penalties fo r  vio lations.

[H 3]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. In any county or city wherein no levy is laid or
appropriation made for operation of the public schools, 
the governing body of such county or city is hereby author­
ized to provide for the levy and collection of such educa­
tional taxes as in its judgment the public welfare may



5 9 1

require. Such levy shall be on property, subject to local 
taxation, not to exceed in the aggregate in any one year, 
the rate fixed by § 22.126 of the Code, as amended.

§ 2. In lieu of making such levy, the governing body 
of any such county or city may, in its discretion, make an 
appropriation for educational purposes from funds derived 
from the general county or city levy of an amount not more 
[fol. 670] than the maximum amount which would result 
from the laying of the educational levy authorized by § 1 
hereof. In addition to this, the governing body of any such 
county or city may appropriate from any funds available, 
such sums as in its judgment may be necessary or expedient 
for educational purposes.

§ 3. In any town wherein no levy is laid or appropria­
tion made for operation of the public schools, if the same 
be a separate school district approved for operation, the 
governing body thereof is hereby authorized to provide for 
the levy and collection of such additional educational taxes 
on all the property in the town subject to local taxation at 
such rate as it may deem proper, but in no event more than 
one dollar on the one hundred dollars of the assessed value 
of property in the town subject to taxation by the local town 
authorities. In lieu of such levy, the governing body may 
make an appropriation out of the general town levy and 
from any other source, of such sums as in its judgment may 
be deemed necessary or expedient for educational purposes.

§ 4.. Any town wherein no levy is laid or appropriation 
made for operation of the public schools, if the same be a 
separate school district approved for operation, shall be 
entitled to its share of school funds as distributed under 
§ 22-141 of the Code, as amended, and is hereby authorized 
and required to expend same for educational purposes, as 
provided in § 7 of this act.

§ 5. If any town constitutes a separate town school 
district approved for operation and any county in which it 
is located does not lay a levy or make an appropriation for 
operation of the public schools, the governing body of such 
town may impose such additional town school levy on 
locally taxable property, not exceeding three dollars on



592

the one hundred dollars of the assessed value of the prop­
erty in any one year, as in its discretion is required. If the 
county imposes a levy or makes appropriations for educa­
tional purposes the town school district shall receive its 
share of such funds in the same manner as provided in 
§ 22-141 of the Code, as amended, for the distribution of 
school funds, to be expended as the town school board 
directs.

§ 6. The procedure to be followed by school officials 
and local tax-levying bodies for obtaining the educational 
funds provided for in this act shall, except insofar as altered 
here, be mutatis mutandis the same as prescribed by law 
for the raising of funds for public school purposes.

§ 7. The educational funds raised or appropriated 
under §§ 1, 2, 3, and 4 hereof, or otherwise made available, 
shall be expended by the school board in payment of grants 
for the furtherance of the elementary or secondary educa­
tion, as the case may be, of the children of such county, 
city or town in nonsectarian private schools. The local 
school board may by rules and regulations provide for the 
cancellation or revocation of any such grant which the 
board finds was not obtained in good faith; provided, that 
the action of the board in cancelling or revoking any grant 
shall be subject to review by bill of complaint against the 
school board to the circuit or corporation court having 
equity jurisdiction.

§ 8. School boards may provide transportation for 
those pupils qualifying for such grants, and in such event, 
shall be entitled to reimbursement out of State funds to 
the same extent as counties and cities are reimbursed for 
costs expended for transportation of pupils to and from 
the public schools.

§ 9. It shall be unlawful for any person to obtain, 
seek to obtain, expend, or seek to expend, any tuition or 
transportation grant for any purpose other than the educa­
tion or transportation of the child for which such grant 
is sought or obtained. Violation hereof shall, except for 
[fol. 671] offenses punishable under § 18-237 of the Code, 
constitute a misdemeanor and be punished as provided by 
law.



593

CHAPTEE 58
A n  A c t to require the inclusion in  school budgets o f amounts 

sufficient fo r  the payment of grants fo r  educational 
purposes; to provide fo r  local governing bodies ra is ing  
money fo r educational purposes and making app rop ria ­
tions therefor; to provide fo r  the expenditure of such 
funds fo r payment of such grants and transportation  
costs under certain circumstances; to empower the 
State Boa rd  of Education to make rules and regula­
tions and pay such grants; to provide fo r  the w ith­
hold ing of certain funds and the use thereof; and to 
provide penalties fo r the v io la tion  of this act.

[H 4]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. The division superintendent of schools of every
county, city, or town if the same be a separate school dis­
trict approved for operation, wherein public schools are 
operated shall include in his estimate of the school budget 
required by law, the amount of money needed for the pay­
ment of grants for the furtherance of the elementary or 
secondary education, as the case may he, of the children 
of such county, city or town, in nonsectarian private 
schools.

§ 2. The boards of supervisors of the several counties 
and the councils of the several cities and towns, if the same 
be separate school districts approved for operation, shall 
include in the school levy or cash appropriation provided 
by law the amount necessary to meet the estimates required 
by § 1 hereof, notwithstanding the provisions of §§ 22-126 
and 22-127 of the Code of Virginia. Such boards of super­
visors and councils are hereby authorized to make a cash 
appropriation for the payment of grants under this act 
even though a school budget is not before them for con­
sideration.

§ 3. The educational funds so raised and other avail­
able funds shall be expended by the local school board in 
payment of grants for the furtherance of the elementary



594

or secondary education, as the case may be, of the children 
of such county, city or town in nonsectarian private schools; 
such payments shall be made to parents, guardians or other 
persons having custody of children who have been assigned 
to or are in attendance at public schools wherein both white 
and colored children are enrolled; provided, the parents, 
guardians or other persons having custody of such children 
shall make affidavit to the local school board that they 
object to the assignment of such children to or their attend­
ance at any school wherein both white and colored children 
are enrolled. No mandamus to compel payment of a grant 
under this section shall lie as to any child who has been 
assigned or reassigned to a school wherein only members 
of his race are enrolled.

§ 4. The total amount of each such grant shall be 
the amount necessary to be expended by the parent, guard­
ian or other person having custody of the child, in payment 
of the cost of Ms attendance at a nonsectarian private school 
for the current school year; provided, however, that such 
annual grant, together with any tuition grant received from 
the State, shall not exceed the total cost of operation per 
pupil in average daily attendance in the public schools for 
the locality making such grant as determined for the pre- 
[fol. 672] ceding school year by the Superintendent of 
Public Instruction.

§ 5. Any school board providing transportation to 
pupils attending its public schools shall supply like trans­
portation for those pupils qualifying for grants under this 
act; provided that any such school board may in lieu of 
providing such transportation provide such pupils with a 
transportation grant equal to the per pupil cost of trans­
portation in such school district for the preceding year.

§ 6. Payments for grants under the provisions of this 
act shall be considered in the distribution of State funds 
allocated and apportioned for such purposes as though such 
expenditures were made by the locality for operation and 
maintenance of the public schools.

§ 7. Local school boards are hereby authorized to 
promulgate such rules and regulations not inconsistent with



595

those of the State Board of Education as may he deemed 
necessary to carry out the purpose of this act. Such rules 
and regulations may provide for the cancellation or revoca­
tion of any grant which the board finds was not obtained in 
good faith; provided, that the action of. the board in can­
celling or revoking any such grant shall be subject to review 
by bill of complaint against the school board to the circuit 
or corporation court having equity jurisdiction.

§ 8. It shall be unlawful for any person to obtain, 
seek to obtain, expend, or seek to expend, any grant for 
any purpose other than the education or transportation of 
the child for which such grant is sought or obtained. Viola­
tion hereof shall, except for offenses punishable under 
§ 18-237 of the Code, constitute a misdemeanor and be pun­
ished as provided by law.

§ 9. When the school budget has been prepared in 
accordance with § 1 hereof and the levy laid or appropria­
tion made as set forth in § 2 hereof neither the school board 
nor the governing body shall have power to cancel, or 
transfer and use for any other purpose, the funds available 
for grants; provided, however, that if by the end of the 
eleventh month of the school year any such funds are un­
obligated they may be expended for any other object set 
forth in the school budget.

§ 10. For so long as such failure or refusal under § 3 
hereof shall continue, the State Board of Education shall 
authorize and direct the Superintendent of Public Instruc­
tion, under rules and regulations of the State Board of 
Education, to provide for the payment of grants on behalf 
of such county, city or town out of funds to which such 
county, city or town would otherwise be entitled for the 
maintenance of its public school system in such county, 
city or town. In such event the Superintendent of Public 
Instruction shall at the end of each month file with the 
State Comptroller and with the school board and the gov­
erning body of such county, city or town a statement show­
ing all disbursements and expenditures so made for and 
on behalf of such county, city or town, and the Comptroller 
shall from time to time as such funds become available



596

deduct from other State funds appropriated by the State 
m excess of the requirements of the Constitution of Vir­
ginia, for distribution to such county, city or town, such 
amount or amounts as shall be required to reimburse the 

a e 01 expenditures incurred under the provisions of 
this act. All such funds so deducted and transferred are 
hereby appropriated for the purposes set forth in this act 
and shall be expended and disbursed as provided in this 
act; provided, that m no event shall any funds to which 
such county city or town may be entitled under the provi­
sions of Title 63 of the Code be withheld from such county 
city or town under the provisions of this act.

[fob 673] CHAPTER 59

A n  A c \ t0 that no ch ild  sha ll he required to attend
integrated schools.

, [H 5]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
Notwithstanding any other provision of law, no child 

shall be required to enroll in or attend any school wherein 
both white and colored children are enrolled.

CHAPTER 60
A n  A c t to amend and reenact § 22-72, as amended, of the 

Lode 0f  V irg in ia , re la ting  to the powers and duties 
of the county school hoards, and to amend the Code 
of irg m ia  by adding a new section numbered 2 2 -7  ̂  i  
authoriz ing  county school hoards to provide fo r  trans­
portation  of pupils.

Approved September 29, 1956 
Be it enacted by the General Assembly of Virginia.-

L That § 22-72, as amended, of the Code of Virginia be 
amended and reenacted, and that the Code of Virginia be



597

amended by adding a new section numbered 22-72.1, the 
amended and new sections being as follows:

§ 22-72. Powers and duties.—The school board shall 
have the following powers and duties:

(1) Enforcement of school laws.'—To see that the 
school laws are properly explained, enforced and observed.

(2) Rules for conduct and discipline.—To make local 
regulations for the conduct of the schools and for the 
proper discipline of the students, which shall include their 
conduct going to and returning from school, but such local 
rules and regulations shall be in harmony with the general 
rules of the State Board and the statutes of this State.

(3) Information as to conduct.—To secure, by visita­
tion or otherwise, as full information as possible about the 
conduct of the schools.

(4) Conducting according to law.—To take care that 
they are conducted according to law and with the utmost 
efficiency.

(5) Payment of teachers and officers.—To provide for 
the payment of teachers and other officers on the first of 
each month, or as soon thereafter as possible.

(6) School buildings and equipment.—To provide for 
the erecting, furnishing, and equipping of necessary school 
buildings and appurtenances and the maintenance thereof.

(6a) Insurance.—To provide for the necessary insur­
ance on school properties against loss by fire or against 
such other losses as deemed necessary.

(7) Drinking water.—To provide for all public schools 
an adequate and safe supply of drinking water and see 
that the same is periodically tested and approved by or 
under the direction of the State Board of Health, either 
on the premises or from specimens sent to such board.

(8) Textbooks for indigent children.—To provide such 
textbooks as may be necessary for indigent children attend­
ing public schools.



598

(9) Costs and expenses.—In general, to incur costs 
and expenses, but only the costs and expenses of such items 
as are provided for in its budget without the consent of the 
tax levying body.
[fob 674] (10) Consolidation of schools *.—To provide
for the consolidation of schools * whenever such procedure 
will contribute to the efficiency of the school system.

(11) Other duties.—To perform such other duties as 
shall be prescribed by the State Board or as are imposed 
by law.

§ 22-72.1. County school hoards may provide fo r  the 
transportation  of pup ils ; hut nothing herein contained shall 
he construed as requ iring  such transportation.

CHAPTER 61
A n  A c t to amend and reenact § 22-205 of the Code of V ir ­

g in ia, re la ting  to assignment of teachers hy d iv is ion  
superintendents.

[H 7]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. That § 22-205 of the Code of Virginia be amended and 
reenacted as follows:

§ 22-205. The division superintendent shall have au­
thority to assign to their respective positions in  the school 
wherein they have been placed hy the school hoard all 
teachers, * inc lud ing  principals, * and reassign them 
therein, provided no change or reassignment shall affect 
the salary of such teachers; and provided, further, that 
he shall make appropriate reports and explanations on the 
request of the school board.



599

CHAPTER 62
A n  A c t to authorise local school hoards to expend funds 

designated fo r public school purposes fo r such grants 
in  furtherance of elementary and secondary education 
as may be perm itted by law w ithout firs t obtaining au­
tho rity  therefor from  the tax levy ing body.

[H 8]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. The local school board of every county, city or town 
is hereby authorized when it is deemed to be for the public 
benefit, to transfer school funds, excluding those for capital 
outlay and debt service, within the total amount of its au­
thorized budget, without the consent of the tax levying 
body, notwithstanding any other law to the contrary, and 
to expend same in furtherance of the elementary and 
secondary education of the children of such county, city or 
town in nonsectarian private schools as may be permitted 
by law.

CHAPTER 63
A n  A c t to provide fo r  the employment of counsel to defend 

the actions of members of school boards and to provide  
fo r the payment of costs, expenses and liab ilit ie s  levied  
against such members out of local public funds.

[H 9]
Approved September 29, 1956

[fol. 675] Be it enacted by the General Assembly of 
Virginia:
1. § 1. Notwithstanding any other provision of law, the
attorney for the Commonwealth or other counsel approved 
by the school board may be employed by the school board 
of any county, city or town, to defend it, or any member 
thereof, or any school official, in any legal proceeding, to 
which the school board, or any member thereof, or any 
school official, may be a defendant, when such proceeding



600

is instituted against it, or against any member thereof by 
virtue of his actions in connection with his duties as such 
member.

§ 2. All costs, expenses and liabilities of proceedings 
so defended shall be a charge against the county, city or 
town treasury and paid out of funds provided by the gov­
erning body of the county, city or town in which such school 
board discharges its functions.
2. An emergency exists and this act is in force from its 
passage.

CHAPTER 64
A n  A c t to am end and reenact § 51-111.10, as am ended, o f 

the Code o f V irg in ia , rela ting  to the m eaning o f certain  
w ords as used in the V irg in ia  Supp lem en ta l R e tire ­
m ent A c t, and to am end the Code o f V irg in ia  by adding  
to T itle  51, C hapter 3.2 thereof, an A rtic le  4.1, con­
ta ining  §§ 51-111.38:1 through 51-111.38:3, p rovid ing  
fo r  the re tirem en t o f certain p riva te  school teachers.

[H 10]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. That § 51-111.10, as amended, of the Code of Virginia 
be amended and reenacted and that the Code of Virginia 
be amended by adding Article 4.1, containing §§ 51-111.38:1 
through 51-111.38:3, to Chapter 3.2, Title 51, the amended 
section and new article being as follows:

§ 51-111.10. Definitions.—As used in this chapter un­
less a different meaning is plainly required by the context:

(1) “Retirement system” means the Virginia Supple­
mental Retirement System provided for in § 51-111.11;

(2) “Board” means the board of trustees as provided 
by § 51-111.17;

(3) “Medical board” means the board of physicians as 
provided by § 51-111.26;



601

(4) “Teacher” means any person who is regularly em­
ployed on a salary basis as a professional or clerical em­
ployee of a county, city or other local public school board 
or of a corporation pa rtic ipa ting  in  the retirem ent system  
as provided by A rt ic le  4.1;

(5) “State employee” means any person who is regu­
larly employed full time, on a salary basis, whose tenure 
is not restricted as to temporary or provisional appoint­
ment, in the service of, and whose compensation is payable, 
not oftener than semimonthly, in whole or in part, by the 
Commonwealth or any department, institution or agency 
thereof, except (a) an officer elected by popular vote or, 
with the exception of the Auditor of Public Accounts and 
the Director of the Division of Statutory Research and 
Drafting, by the General Assembly or either House thereof, 
(b) a trial justice, county or city treasurer, commissioner 
of the revenue, Commonwealth’s attorney, clerk, sheriff, 
sergeant or constable, and a deputy or employee of any 
such officer, and (c) any employee of a political subdivision 
of the Commonwealth;

(6) “Employee” means any teacher, State employee, * 
officer or employee of a locality participating in the retire­
ment system as provided in Article 4, or any employee of 
[fol. 676] a corporation pa rtic ipa ting  in  the retirement 
system as provided in  A rt ic le  4.1;

(7) “Employer” means Commonwealth, in the case of 
a State employee, * the local public school board in the 
case of a public school teacher, or the locality or corpora­
tion participating in the retirement system as provided in 
Articles 4 and 4.1;

(8) “Member” means any person included in the mem­
bership of the retirement system as provided in this chap­
ter;

(9) “Service” means service as an employee;
(10) “Prior service” means service as an employee 

rendered prior to the date of establishment of the retire­
ment system for which credit is allowable under §§ 51-111.39



602

to 51-111.41, 51-111.63 and 51-111.64 or service as an em­
ployee for such periods as provided in § 51-111.32;

(11) “Membership service” means service as an em­
ployee rendered while a contributing member of the retire­
ment system except as provided in §§ 51-111.45, 51-111.57, 
51-111.63 and 51-111.64;

(12) “Creditable service” means prior service plus 
membership service for which credit is allowable under 
this chapter;

(13) “Beneficiary” means any person entitled to receive 
benefits under this chapter;

(14) “Accumulated contributions” means the sum of 
all amounts deducted from the compensation of a member 
and credited to his individual account in the members’ con­
tribution account, together with interest credited on such 
amounts and also any other amounts he shall have con­
tributed or transferred thereto including interest credited 
thereon as provided in § 51-111.49;

(15) “Creditable compensation” means the full com­
pensation payable to an employee working the full work­
ing time for his position which is in excess of twelve 
hundred dollars per annum, except when computing a dis­
ability retirement allowance in which event no exclusion 
shall apply; in cases where compensation includes mainte­
nance or other perquisites, the Board shall fix the value of 
that part of the compensation not paid in money;

(16) “Average final compensation” means the average 
annual creditable compensation of a member during his five 
highest consecutive years of creditable service if less than 
five years; provided, that the retirement allowance of any 
person who retired under this chapter between March one, 
nineteen hundred fifty-two and June thirty, nineteen hun­
dred fifty-four shall be recomputed in accordance with this 
section and such recomputation shall be applicable only to 
allowances payable on and after July one, nineteen hundred 
fifty-six;

(17) “Retirement allowance” means the retirement 
payments to which a member is entitled as provided in this 
chapter;



603

(18) “Actuarial equivalent” means a benefit of equal 
value when computed upon the basis of such actuarial tables 
as are adopted by the Board;

(19) “Normal retirement date” means a member’s 
sixty-fifth birthday; and

(20) “Abolished system” means the Virginia Retire­
ment Act, 51-30 to 51-111, repealed by Chapter 1 of the 
Acts of Assembly of 1952 as of February one, nineteen 
hundred fifty-two.

A rtic le  4.1

P artic ipa tion  o f C ertain  E ducational C orporations  
in  R e tirem en t S y s te m

§ 51-111.38:1. A n y  corporation organized a fte r  the  
effective date o f th is act fo r  the purpose of p rovid ing  ele­
m en ta ry  or secondary education m ay by resolution duly  
adopted by its  board of d irectors and approved  by the 
B oard  o f T rustees o f the V irg in ia  Supp lem en ta l R e tirem en t 
S y s te m  elect to have teachers em ployed by it become elig­
ible to partic ipa te  in  the re tirem en t system . A cceptance  
[fol. 677] o f the teachers em ployed by such an em ployer  
fo r  m em bership  in  the re tirem en t sys tem  shall be optional 
w ith  the B oard  and i f  it  shall approve the ir partic ipation , 
then such teachers, as m em bers of the re tirem en t sys tem , 
shall partic ipa te  therein  as provided  in  the provisions of 
th is chapter.

§ 51-111.38:2. T he chief fiscal officer o f the em ployer  
shall subm it to the B oard  such in form ation  and shall cause 
to be perfo rm ed  in  respect to the em ployees o f the em ployer  
such duties as shall be prescribed by the B oard  in  order 
to carry out the provisions o f th is chapter.

f  51-111.38:3. T he em ployer contribution rate shall 
unless otherw ise fixed by the B oard  be the norm al and ac­
crued contrib tu ion  rate determ ined  as provided  in  § 51- 
111.47 fo r  m em bers o f the re tirem en t sys tem  qua lify ing  
under % 51-111.10 (4).  T he contributions so com puted shall 
be certified by the B oard  to the chief fiscal officer o f the 
em ployer. The am ounts so certified shall be a charge



604

against the em ployer. The chief fiscal officer o f each such  
em ployer shall pay to the S ta te  T reasurer the am ount certi­
fied by the B oard  as payable under th is article, including  
such charges as the B oard  m ay deem necessary to cover 
costs o f adm in istra tion , and the S ta te  T reasurer shall credit 
such am ounts to the appropria te  accounts o f the re tirem ent 
system .

CHAPTER. 65
A n  A c t to am end the Code of V irg in ia  by adding a new  

section num bered 2-86.1, provid ing  tha t the A tto rn e y  
General shall render certa in  services to local school 
boards, and to appropria te  funds.

[H 11]
Approved September 29, 1956 

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding a new 
section numbered 2-86.1, the new section being as follows:

§ 2-86.1. The Attorney General shall give such advice 
and render such legal assistance as he deems necessary, 
when requested so to do by resolution adopted by a county, 
city or town school board, upon matters relating to the 
commingling of the races in the public schools of the State.
2. There is hereby appropriated out of the general fund 
of the State treasury to the office of the Attorney General 
for each year of the biennium beginning July one, nineteen 
hundred fifty-six, the sum of one hundred thousand dollars.

CHAPTER 66
A n  A c t to amend and reenact % 22-5, as amended, of the 

Code of V irg in ia , re la ting  to m inimum  school terms.
[H 12]

Approved September 29, 1956
Be it enacted by the General Assembly of Virginia:

1. That § 22-5, as amended, of the Code of Virginia be 
amended and reenacted as follows:

§ 22-5. Minimum term.—The school board of each 
county and city in the State is empowered * to maintain



605

the public free schools of such county and city for a period 
of at least nine months or one hundred and eighty teaching 
days in each school year; provided, however, * that if the 
[fol. 678] length of the term of any school be reduced *, 
the amount paid by the State shall, unless o therw ise p ro ­
vided  by law, be reduced in the same proportion as the 
length of the term has been reduced from nine months.

CHAPTER 67
A n  A c t to am end and reenact % 15-577 o f the Code o f V ir ­

ginia, relating to county and city  budgets; to am end  
and reenact % 22-117 o f the Code o f V irg in ia , relating  
to w hen S ta te  fu n d s  are to be paid  fo r  public schools; 
to am end and reenact § 22-125 o f the Code o f V irg in ia , 
rela ting  to procedure w hen governing  body re fuses to 
provide fu n d s  fo r  public school purposes; to am end  
and reenact 22-126 o f the Code o f V irg in ia , as 
am ended, rela ting to school levies and the use thereo f;  
to am end and reenact § 22-127 o f the Code o f V irg in ia , 
relating to cash appropria tions in  lieu o f school levies; 
to am end and reenact § 22-129 o f the Code o f V irg in ia , 
rela ting  to tow n levies and appropria tions fo r  public  
school purposes; to am end and reenact § 22-138 o f the  
Code o f V irg in ia , rela ting to unexpended, school fu n d s ;  
to am end the Code o f V irg in ia  by adding thereto  a 
section num bered  22-127.1, rela ting to levies and ap­
propria tions by the governing bodies o f counties, cities  
and tow ns fo r  school purposes, so as to authorize such  
governing  bodies to w ithhold  fu n d s  a lready m ade  
available fo r  school purposes, and to provide penalties  
fo r  violation.

[H 13]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. That §§ 15-577, 22-117, 22-125, 22-126 as amended 22- 
127, 22-129, 22-138 of the Code of Virginia be amended and 
reenacted, and that the Code of Virginia be amended by 
adding a new section numbered 22-127.1, the amended sec­
tions and new section being as follows:



606

§ 15-577. A brief synopsis of the budget shall be pub­
lished in a newspaper having general circulation in the 
locality affected, and notice given of one or more public 
hearings, at least fifteen days prior to the date set for 
hearing, at which any citizen of the locality shall have the 
right to attend and state his views thereon. The board of 
supervisors of any county not having a newspaper of gen­
eral circulation may in lieu of the foregoing notice provide 
for notice by written or printed handbills, posted at such 
places as it may direct, so as to accomplish the purposes of 
this chapter. After such hearing is had the boards of super­
visors of the counties and the councils of the cities and 
towns shall by appropriate order adopt and enter on the 
minutes thereof a budget covering all ten ta tive  expenditures 
for the locality or any subdivision thereof for the next 
appropriation year, itemized and classified as required by 
the preceding section. The boards, councils or other gov­
erning bodies may recess or adjourn from day to day or 
time to time as may be deemed proper before the final 
adoption of the budget, provided that the final adoption of 
the county budget by the board of supervisors shall not be 
later than the date on which the annual levy is made.

T he proposed  expend itures fo r  school purposes as con­
ta ined in  any budget prepared  under  §§ 15-575 and 15-576 
and published  under th is section shall be ten ta tive  only  
and conditioned upon appropria tions fo r  such purposes  
being m ade by the board, council or o ther governing  body, 
fro m  tim e to tim e, as authorized  by § 22-127 and % 22-129.

% 22-117. No State money shall be paid for the public 
schools in any county until evidence is filed with the State 
Board, signed by the superintendent of schools and the 
[fol. 679] clerk of the board, certifying that the schools 
of the county have been kept in operation for at least nine 
months, or a less period satisfactory to the State Board, 
or that arrangements have been made which will secure the 
keeping of them in operation for that length of time or a 
less period  sa tis fa c to ry  to the S ta te  B o a r d ; provided, how­
ever, that no county shall be denied participation in State 
school funds, except as provided by law, when the board of 
the county has appropriated a fund equivalent to that which



607

would have been produced by the levying of the maximum 
local school tax allowed by law, or has levied the maximum 
local school tax allowed by law; provided, such appropria­
tion or levy is based on assessments not lower than the 
assessments on real and personal property in such counties 
in the year nineteen hundred and twenty-five.

§ 22-125. If the governing body refuse to lay such a 
levy or make such cash appropriation as is recommended 
and requested by the division superintendent, then, on a 
petition of not less than twenty per centum of the qualified 
voters of the county or city qualified to vote, requesting 
the same, the circuit court of the county or corporation 
court of the city or the judge thereof in vacation may, in its 
or his discretion, order an election by the people of the 
county or city to be held during the month of June, to 
determine whether such levy or cash appropriation in lieu 
of such levy shall or shall not be fixed, provided that in 
those counties and cities in which a school levy is made the 
election shall be limited to the question as to whether or 
not such levy shall be increased; provided that, whenever 
any such govern ing body has made a cash appropria tion  
on a tentative basis only as provided by § 22-127, no peti­
tion hereunder sha ll lie  and no order ca lling  an election 
may be entered, even though no resolution authoriz ing the 
payment or transfe r of any funds to the local school board 
has been made.

% 22-126. Each county and city is authorized to raise 
sums of money by a tax on all property, subject to local 
taxation, at such rate as may be deemed sufficient, but in 
no event * more than three dollars on the one hundred 
dollars of the assessed value of the property in any one 
year, to be expended by the local school authorities * in 
establishing, maintaining and operating such schools as in 
their judgment the public welfare requires and in  payment 
of grants fo r  the furtherance of elementary or secondary 
education and transportation  costs as required or author­
ized by la w ; provided that in counties with a population of 
more than six thousand four hundred but less than six 
thousand five hundred, such rate may be increased to four 
dollars on the one hundred dollars of the assessed value



608

of the property therein in any one year; and provided fur­
ther that in counties having a population of more than 
thirty-seven thousand but less than thirty-nine thousand 
such rate may be increased to four dollars on the one hun­
dred dollars of the assessed value of the property therein 
in any one year.

§ 22-127. In lieu of making such school levy, the gov­
erning body of any county or city may, in its discretion, 
make a cash appropriation, either ten ta tive  or final, from 
the funds derived from the general county or city levy of 
an amount not less than the sum required by the county op 
city school budget provided for by § 22-122 and approved 
by the governing body of the county or city, but in no event 
to be less than the minimum nor more than the maximum 
amount which would result from the laying of the school 
levy authorized by the preceding section for the establish­
ment, maintenance and operation of the schools of the 
county or city and fo r  the p aym en t o f g ran ts  fo r  the fu r th e r ­
ance o f e lem entary or secondary education and transporta ­
tion costs. In addition to this, the governing body of any 
county or city may appropriate, either ten ta tive ly  or finally, 
[fol. 680] from any funds available, such sums as in its 
judgment may be necessary or expedient for the establish­
ment, maintenance and operation of the public schools in 
the county or city, and fo r  the p aym en t o f such gran ts  and 
transporta tion  costs required or authorized  hy law.

W henever any such appropria tions have been m ade on 
a ten ta tive  basis, no p a r t o f the fu n d s  so appropria ted  
shall, in  any event, be available to the local school board  
except as the local governing  body m ay, fro m  tim e to tim e, 
by resolution authorize  the paym en t or tra n s fer  o f such  
fu n d s, or any p a r t thereo f, to such local school board.

§ 22-127.1 N otw ith sta n d in g  any other provision  o f 
law to the contrary, the govern ing  body o f any coun ty , 
c ity  or tow n w hich has m ade a levy  fo r  school purposes  
under % 22-126 or § 22-129 or has m ade a cash appropria ­
tion  under  § 22-127 or any other provision  o f law m ay by 
resolution direct the school board o f such county, c ity  or 
tow n and the treasurer o f such county, c ity  or tow n to m ake  
no fu r th e r  expend itures o f local school fu n d s  un til fu r th e r



609

authorised  to do so by such local governing  body. A n y  
school board, and each m em ber thereof, and any treasurer  
who m akes any expend iture  o f local school fu n d s  a fte r  
being so d irected  not to m ake such expend itures shall be 
personally  liable to m ake res titu tio n  to the county, c ity  or 
tow n invo lved  o f the fu n d s  so expended in  vio la tion  o f any  
such resolution o f the local governing  body and m ay be 
rem oved fro m  office under the provisions o f A rtic le  3, 
C hapter 16, T itle  15, o f the Code.

§ 22-129. The governing body of any incorporated 
town in the State is authorized to levy an additional tax 
on all the property in the town, subject to local taxation, 
at such rate as it may deem proper, but in no event more 
than one dollar on the one hundred dollars of the assessed 
value of property in the town subject to taxation by the 
local town authorities, for the support and maintenance, 
and capital outlay of the public schools in the town and  
fo r  the pa ym en t o f g ran ts  fo r  the fu rtherance  o f elem entary  
and secondary education and transporta tion  costs. In lieu 
of such levy, the governing body may, in  its  d iscretion, 
make a cash appropriation, either ten ta tive  or final, out of 
the general town levy of an amount not more than the 
maximum amount which would result from the school levy 
for the support and maintenance of the public schools in 
the town and. fo r  the paym en t o f such gran ts  and tra n s­
porta tion  costs required or authorized  by law.

Whenever any such appropria tion  has been made on a 
tentative basis, no part of the funds so appropriated shall, 
in  any event, be availab le to the local school board except 
as the governing body may, fromi time to tune, by resolution  
authorize the payment or transfer of such funds, or any 
part thereof, to such local school board.

§ 22-138. All sums of money derived from State funds 
for school or educational purposes, which are unexpended 
in any year in any county or city shall go into the * fund 
of the State fro m  w hich derived  for redivision the next 
year, unless the State Board direct otherwise. All sums 
derived from county or city funds unexpended in any year 
shall remain a part of the county or city funds, respectively, 
for use the next year, but no local funds shall be subject



6 1 0

to redivision outside of the county or city in which they 
were raised.

CHAPTER 70
A n  A c t to create a P up il P lacem ent B oard  and confer upon  

it  pow ers as to enrollm ent or p lacem ent o f pup ils in  
the public schools and determ ina tion  o f school a tten d ­
ance d istr ic ts , and to provide  fo r  adm in is tra tive  pro- 
[fol. 681] cedure and rem edies fo r  pup ils seeking  
enrollm ent in  a school or a change fro m  one school 
to another school.

[H 68]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. All power of enrollment or placement of pupils
in and determination of school attendance districts for the 
public schools in Virginia is hereby vested in a Pupil Place­
ment Board as hereinafter provided for. The local school 
boards and division superintendents are hereby divested 
of all authority now or at any future time to determine the 
school to which any child shall be admitted. The Pupil 
Placement Board is hereby empowered to adopt rules and 
regulations for such enrollment of pupils as are not incon­
sistent with the provisions hereinafter set forth. Such 
rules and regulations shall not be subject to Chapter 1.1 of 
Title 9 of the Code of Virginia, the short title of which is 
“General Administrative Agencies Act”. The Pupil Place­
ment Board and any of its agents hereinafter provided for 
shall have authority to administer oaths to those who ap­
pear before said Board or any of its agents in connection 
with the administration of this act.

§ la. There is hereby created a board to be known as 
the Pupil Placement Board which shall consist of three 
residents of the State appointed by the Governor to serve 
for terms to expire at the expiration of the term of the 
Governor making the appointment. Members of the Board 
shall receive as compensation for their services a per diem 
of twenty dollars for each day actually spent in the perform­



6 1 1

ance of their duties and shall be entitled to reimbursement 
for their necessary expenses incurred in connection there­
with.

§ 2. The Pupil Placement Board may designate, ap­
point and employ such agents as it may deem desirable 
and necessary in the administration of this act. It may 
authorize such agents to hold the hearings hereinafter 
provided for and take testimony and submit recommenda­
tions in any and all cases referred to them by said Board.

§ 2a. For the conduct of such hearings and to facili­
tate the performance of the duties imposed upon it and its 
agents under this act, the Pupil Placement Board is author­
ized to promulgate all such rules and regulations and 
procedures and prescribe such uniform forms as it deems 
appropriate and needful and to require strict compliance 
with the same by all persons concerned.

§ 3. The Pupil Placement Board in enrolling each 
pupil in a school in each school district shall take into 
consideration:

(1) The effect of the enrollment on the welfare and 
best interests of such child and all other children in said 
school as well as the effect on the efficiency of the operation 
of said school.

(2) The health of the child as compared to other 
children in the school.

(3) The effect of any disparity between the physical 
and mental ages of any child to be enrolled especially when 
contrasted with the average physical and mental ages of 
the group with which the child might be placed.

(4) Availability of facilities.
(5) The aptitude of the child.
(6) Availability of transportation.
(7) The sociological, psychological, and like intangible 

social scientific factors as will prevent, as nearly as pos­
sible, a condition of socioeconomic class consciousness 
among the pupils.



612

(8) Such other relevant matters as may be pertinent 
to the efficient operation of the schools or indicate a clear 
and present danger to the public peace and tranquility 
affecting the safety or welfare of the citizens of such school 
district.
[fol. 682] § 4. After the effective date of this act, each
school child who has heretofore attended a public school 
and who has not moved from the county, city or town in 
which he resided while attending such school shall attend 
the same school which he last attended until graduation 
therefrom unless enrolled, for good cause shown, in a dif­
ferent school by the Pupil Placement Board.

§ 5. Any child who desires to enter a public school 
for the first time following the effective date of this act, 
and any child who is graduated from one school to another 
within a school division or who transfers to a school divi­
sion, or any child who desires to enter a public school after 
the opening of the session, shall apply to the Pupil Place­
ment Board for enrollment in such form as it may pre­
scribe, and shall be enrolled in such school as the Board 
deems proper under the provisions of this act. Such ap­
plication shall be made on behalf of the child by his parent, 
guardian or other person having custody of the child.

§ 6. Both parents, if living, or the parent or guardian 
of a pupil in any school in which a child is enrolled by 
action of the Pupil Placement Board, if aggrieved by an 
action of the Board, may file with the Board a protest in 
writing within fifteen days after the placement of such 
pupil. Upon receipt of such protest the Board shall hold or 
cause to be held a hearing, within not more than thirty 
days, to consider the protest and at the hearing shall receive 
the testimony of witnesses and exhibits filed by such par­
ents, guardians or other persons, and shall hear such other 
testimony and consider such other exhibits as the Board 
shall deem proper. The Board shall consider and decide 
each individual case separately on its merits. The Board 
shall publish a notice once a week for two successive wmeks 
in a newspaper of general circulation in the city or county 
wherein the aggrieved party or parties reside. The notice 
shall contain the name of the applicant and the pertinent



6 1 3

facts concerning his application including the school he 
seeks to enter and the time and place of the hearing. The 
Board shall, within not more than thirty days after the 
hearing, file in writing its decision, enrolling such pupil in 
the school originally designated or in such other school as 
it shall deem proper. The written decision of the Board 
shall set forth the findings upon which the decision is based. 
Any parent, guardian or other person having custody of 
any child in the particular school in which a child is enrolled 
by action of the Board shall be deemed an interested party 
and shall have the right to intervene in such proceeding in 
furtherance of his interest.

§ 6a. Any party aggrieved by a decision of the Pupil 
Placement Board under this act, or any party defined as 
an interested party in § 6 may obtain a review of such 
decision by filing an application in writing for a review 
thereof with the Governor within fifteen days after such 
decision. Such application shall be by a petition in writing, 
specifying the decision sought to be reviewed, and the ac­
tions taken by the Pupil Placement Board, together with a 
statement of the grounds on which the petitioner is ag­
grieved or by reason of which he is an interested party. 
The petitioner shall file with his petition a copy of the 
decision of the Pupil Placement Board and a transcript 
of the proceedings before the Pupil Placement Board, 
which shall be furnished to the petitioner by the Pupil 
Placement Board within ten days after request therefor 
upon payment of the costs of such transcript by the peti­
tioner. Upon the filing of a petition for a review with the 
Governor, the Governor shall set the same for a hearing 
and within fifteen days after the petition has been filed 
with him, he shall file, in writing, his decision, enrolling 
such pupil in the school originally designated or in such 
other school as he shall deem proper. The written decisions 
of the Governor shall set forth the findings upon which his 
decision is based.
[fol. 683] § 7. Any party aggrieved by a decision of
the Governor under this act or any party defined as an 
interested party in § 6 may obtain a review of such decision 
by filing in the clerk’s office of the circuit court of the county



6 1 4

or corporation court of the city in the jurisdiction of which 
such party resides, within fifteen days after such decision, 
a petition in writing, specifying the decision sought to be 
reviewed, and the actions taken by the Governor, together 
with a statement of the grounds on which the petitioner 
is aggrieved or by reason of which he is an interested party. 
The petitioner shall file with his petition a copy of the 
decision of the Governor and a transcript of the proceed­
ings before the Governor, which shall be furnished to the 
petitioner by the Governor within ten days after request 
therefor upon payment of the costs of such transcript by 
the petitioner.

§ 7a. Any interested party, as defined in § 6 may, by 
petition, intervene for the purpose of making known and 
supporting his interest, in any proceeding for review of 
the Pupil Placement Board’s decision instituted by an 
aggrieved party or by another interested party; and the 
court having jurisdiction of such review proceedings shall 
hear the evidence of as many interested parties, as defined 
in § 6, in any such review proceeding, as in its discretion 
it may deem proper, whether or not such interested parties 
shall have petitioned for such review or petitioned to inter­
vene therein.

7 8. Upon the filing of the petition the clerk of the 
court shall forthwith notify the Pupil Placement Board, 
requiring it to answer the statements contained in the 
application within twenty-one days, but failure to do so 
shall not be taken as an admission of the truth of the facts 
and allegations set forth therein. The clerk of the court 
shall publish a notice of the filing of such application once 
a week for two successive weeks in a newspaper of general 
circulation in the county or city for which the court sits 
and shall, in addition, post the same at the door of the 
courthouse. The notice shall contain the name of the ap­
plicant and the pertinent facts concerning his application 
including the school he seeks to enter, and shall set forth 
the time and place for the hearing. The proceedings shall 
be matured for hearing upon expiration of twenty-one days 
from the issuance of the notice to the Pupil Placement



615

Board by the clerk of the court and heard and determined 
by the judge of such court, either in term or vacation.

§ 9. The findings of fact of the Pupil Placement 
Board shall be considered final, if supported by substantial 
evidence on the record.

§ 10. From the final order of the court an appeal 
may be taken by the aggrieved party or any interested 
party, as defined in § 6, to the Supreme Court of Appeals as 
an appeal of right, in the same manner as appeals of right 
are taken from the State Corporation Commission.

§ 10a. An injunction proceeding may be brought in 
any State court of competent jurisdiction by the Common­
wealth, or by any interested party as defined in § 6, for 
the purpose of restraining the performance of any act, or 
any intended or threatened act, which may be in evasion of, 
in disregard of, or at variance with, any of the foregoing 
provisions.

§ 11. Neither the Pupil Placement Board nor its 
agents shall be answerable to a charge of libel, slander 
or insulting words, whether criminal or civil, by reason of 
any finding or statement contained in the written findings 
of fact or decisions or by reason of any written or oral 
statement made during the proceedings or deliberations.

CHAPTER 69
An A c t to declare an em ergency to exist in  any school d iv i­

sion in  which an efficient sys tem  o f e lem entary or 
secondary public schools is not operated under local 
[fol. 684] a u th o r ity , and in  such case to invoke the  
police pow ers o f the Com m onw ealth and the C onstitu ­
tional pow ers o f the General A sse m b ly ; to establish in  
every such school d istr ic t, subject to the adoption by 
the local governing  body o f a resolution declaring the  
need therefor, an efficient sys tem  o f elem entary or 
secondary public schools operated by the C om m on­
w ealth; to provide tha t such system  be operated and  
m ainta ined  by the G overnor fo r  and on behalf o f the  
G eneral A ssem b ly ; to define “efficient system, o f ele­



6 1 6

m en ta ry  public schools” and “efficient sys tem  o f sec­
ondary public schools”; to provide  fo r  the use o f local 
school buildings and related  fac ilities  o f certa in  coun­
ties, cities and tow ns; to provide fo r  the purchase of 
textbooks, supplies ancl equipm ent, and to perm it local 
school boards to provide fo r  the transporta tion  of 
p up ils; to provide fo r  the adm in istra tion  o f the school 
system  hereby established and the em ploym ent o f p er ­
sons therein ; to provide fo r  the application o f this  
act to counties, cities and tow ns; to ves t in  the S ta te  
B oard  o f E duca tion  the general supervision  o f such  
schools and to authorise it, subject to certain lim ita ­
tions, to m ake rules and regulations applicable thereto ;  
to p rovide how proceedings against local school boards 
in  m a tte rs  invo lving  the S ta te  established schools m ay  
be in s titu te d ; to prescribe the effect o f certain pro­
ceedings brought against local school boards and the 
m em bers thereo f; to provide the circum stances under  
w hich pup ils  m ay be adm itted  to the S ta te  schools; 
to p rovide fo r  the em ploym ent and assignm ent of 
teachers and other personnel; to prescribe the p rov i­
sions o f T itle  22 o f the Code o f V irg in ia  w hich shall 
app ly  to the S ta te  established and m ain ta ined  schools; 
to p rovide  the m ethod fo r  adm ission to the S ta te  es­
tablished schools and the term s and conditions thereof.

[H 77]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. Whenever in any school division an efficient sys­
tem of elementary or secondary public schools as herein 
defined is not operated under local authority, an emergency 
hereby is declared to exist. In such case the police powers 
of the Commonwealth and the Constitutional powers of 
the General Assembly hereby are invoked. In every school 
division in which such emergency shall exist there is hereby 
established by the General Assembly an efficient system 
of elementary or secondary public schools to he operated by 
the Commonwealth; provided, the local governing body 
adopts a resolution reciting the existence of such emergency 
and declaring the need for such State operated public school



6 1 7

system, in which, case all of the provisions of this act shall
apply. _

A copy of such resolution, properly certified, shall be 
sent to, and kept by, the Keeper of the Rolls of the State. 
Upon receipt of such resolution it shall be the duty of the 
Keeper of the Rolls to forward a true copy thereof to the 
Governor, who shall thereupon, for and on behalf of the 
General Assembly, operate and maintain an efficient system 
of elementary or secondary schools in such school division 
pursuant to the provisions of this act.

Whenever in such school division an efficient system of 
elementary or secondary public schools as herein defined 
again shall be established and operated under local author­
ity and the State Board of Education shall have certified 
such fact to the Keeper of the Rolls of the State such 
emergency shall cease to exist and the provisions of this 
act shall cease to apply to such school district.

The Keeper of the Rolls forthwith shall forward a 
true copy of such certificate to the Governor.
[fol. 685] § 2. As used in this act an efficient system of
elementary public schools, hereinafter referred to as ele­
mentary schools, means and shall be only that system 
within each county, city or town in which no elementary 
school consists of a student body in which white and colored 
children are taught.

An efficient system of secondary public schools, herein­
after referred to as secondary schools, means and shall be 
only that system within each county, city or town in which 
no secondary school consists of a student body in which 
white and colored children are taught.

§ 3. The provisions of this act shall be controlling 
over all other provisions of law in conflict therewith. In 
any case in which any other provision of law is not in con­
flict with a provision of this act such other statute shall 
apply as to the system of public free schools hereby
established.

§ 4. The system of schools established by the State 
shall use and be housed in the unused school buildings and 
related facilities now or hereafter owned, constructed, and



618

maintained by the school boards of the several counties, 
cities, and towns if such towns constitute separate school 
districts. The provisions of law applicable to the purchase 
of textbooks, supplies, and equipment by local school boards 
shall remain in force and it shall be the duty of such local 
school boards to supply same in accordance with law to the 
pupils attending the schools established and maintained 
by the State. The local school boards may provide trans­
portation to pupils attending such schools.

§ 5. The State established public free school system 
shall be administered by the Governor for the General As­
sembly. Local school boards shall have such administra­
tion of such schools as will not conflict with this act or 
rules and regulations of the State Board of Education.

§ 6. The general supervision of the State established 
school system is vested in the State Board of Education 
which is authorized to make regulations for the operation 
thereof in an efficient manner. Provided, however, that 
except as specifically stated, nothing in this act shall be 
construed as conferring upon the State Board the power to 
determine the educational policies of the State in conflict 
with this act.

§ 7. No suit, action, prosecution or proceeding shall 
be brought against a local school board in any matter in­
volving the State established schools unless the same be 
instituted by the Attorney General. If any local school 
board or member thereof be proceeded against otherwise 
such shall automatically terminate the powers of the mem­
bers and such local school board as to any such State 
schools and the State Board of Education shall appoint a 
trustee to operate same until the powers of such local 
school board be reestablished by the General Assembly as 
to such State schools.

§ 8. The enrollment or placement of pupils in and 
the determination of school attendance districts for the 
State established public schools shall be accomplished only 
by such authority and in such manner as now or hereafter 
may be prescribed by law, and the school boards of the 
several counties, cities and towns shall have no power to 
admit or assign pupils except in accordance therewith.



619

§ 9. The local school board, subject to the State Board 
of Education, shall employ teachers and assign them to the 
several schools. Such teachers shall be paid from the funds 
available to operate such schools.

§ 10. The provisions of Title 22 of the Code of Vir­
ginia and other provisions of law applicable to the opera­
tion of public free schools by the school boards of the 
several school divisions shall apply mutatis mutandis to the 
schools established and operated in accordance with the pro­
visions of § 1 hereof, except when a different requirement 
is imposed by this act or the State Board of Education.

§ 11. Each county, city, or town, if the same be a 
separate school district, and school district in which State 
established schools are operated shall raise from local 
[fol. 686] levies or cash appropriations an amount equiva­
lent to that required under Chapter 716 of the Acts of 
Assembly of 1956, as amended, for local maintenance of 
schools and may so raise or appropriate such further sums 
as in their judgment the public welfare may require for 
assisting in the operation of the State established schools 
or, as the case may be, a system of elementary free public 
schools or a system of secondary free public schools. All 
such funds shall be paid into the State treasury, are hereby 
made available to the State Board of Education, and shall 
be expended by the State Board of Education in the re­
spective counties, cities and towns which paid in such funds. 
Such expenditures shall be for the support of State estab­
lished public schools in the county, city or town involved 
and for no other purpose.

CHAPTER 68
A n  A c t to establish the responsib ility  o f the Com m onwealth  

o f V irg in ia  fo r  the control o f certa in  public schools 
under certa in  conditions; to tha t end to s ta te  the con­
ditions w hich m ust exist in  rela tion to such schools in  
order fo r  the C om m onw ealth to assum e such respon­
sib ility ; to vest in  the Com m onw ealth control o f cer­
ta in  schools under sta ted  conditions, and to confer  
pow ers and im pose duties upon the C om m om vealth  to



620

be exercised by the G overnor o f V irg in ia ; to provide the  
conditions under w hich such pow ers shall be designated; 
to em pow er the G overnor to act in  certa in  cases; to 
confer im m u n ity  fro m  legal proceedings upon  the Com ­
m onw ealth  o f V irg in ia  and the G overnor; to re fuse  the  
consent o f the C om m onw ealth to certa in  legal proceed­
ings; to provide fo r  the p aym en t o f certain educational 
g ra n ts;  and to provide fo r  the appropria tion  and ex­
pend iture  o f fu n d s  necessary under th is act.

[S 56]
Approved September 29,1956

Be it enacted by the General Assembly of Virginia:
1. § 1. The General Assembly declares that, as a conse­
quence of the decisions of the Supreme Court of the United 
States affecting the public school system, school authorities 
of various political subdivisions of the Commonwealth of 
Virginia will be faced with unprecedented obstacles if and 
when ordered to enroll white and colored children in the 
same public schools, and such enforced integration of the 
races by a county or city school board could destroy the effi­
ciency of the school in which white and colored children 
were so enrolled, and would tend to disturb the peace and 
tranquility of the community in which such school is located.

§ 2. The General Assembly declares that the welfare 
of all the citizens of the Commonwealth, the preservation 
of her public school system and a continuance of universal 
public education, make it necessary that there be uniformity 
of action throughout the State in all instances where school 
authorities acting voluntarily, or under compulsion, enroll 
a child in a public school, which enrollment would require 
a child of the white race to attend a public school with a 
child of the colored race, or which enrollment would require 
a child of the colored race to attend a public school with a 
child of the white race.

§ 3. Prom and after the effective date of this act, and 
in conformity with the public policy of the Commonwealth 
of Virginia as herein established in §§ 1 and 2, and specifi­
cally invoking the police powers of the Commonwealth and 
the constitutional powers of the General Assembly, the



621

Commonwealth of Virginia assumes direct responsibility for 
[fol. 687] the control of any school, elementary or second­
ary, in the Commonwealth, to which children of both races 
are assigned and enrolled by any school authorities act­
ing voluntarily or under compulsion of any court order. 
The making of such an assignment, and the enrollment of 
such child, or children, shall automatically divest the school 
authorities making the assignment and the enrollment of all 
further authority, power and control over such public school, 
its principal, teachers and other employees, and all pupils 
then enrolled or ordered to be enrolled therein; and such 
school is closed and is removed from the public school 
system, and such authority, power and control over such 
school, its principal, teachers, other employees and all pupils 
then enrolled or ordered to be enrolled, shall be and is here­
by vested in the Commonwealth of Virginia to be exercised 
by the Governor of Virginia in whom reposes the chief ex­
ecutive power of the State.

§ 4. Immediately upon such control, power and au­
thority becoming vested in the Commonwealth of Virginia, 
by reason of the occurrences provided for in § 3 aforesaid, 
such school is closed, and shall not be reopened, as a public 
school, until, in the opinion of the Governor, and after an 
investigation by him, he finds and issues an executive order 
that (1) the peace and tranquility of the community in 
which the school is located will not be disturbed by such 
school being reopened and operated, and (2) the assign­
ment of pupils to such school could be accomplished with­
out enforced or compulsory integration of the races therein 
contrary to the wishes of any child enrolled therein, or of 
his or her parent or parents, lawful guardian or other cus­
todian.

§ 5. If after investigation, the Governor concludes that 
such school cannot be reopened, under the conditions pro­
vided for in § 4 of this act, he is given authority to reor­
ganize the school, its personnel, curriculum and facilities, 
and make such other changes therein as in his discretion 
may be necessary and desirable and needed to effect a re­
opening of such school and, in such reorganization and in 
making assignment of pupils to such school, or in mak­



622

ing reassignments to the school or schools in which they 
were formerly enrolled if he deems it necessary to preserve 
the peace and tranquility of the community or in making 
assignments of pupils to other available schools, he shall 
give due consideration to the laws of the Commonwealth 
relative to assignment and enrollment of pupils and due 
consideration to the individual safety, needs and welfare of 
the child or children involved and the safety, welfare and 
best interest of other children attending the school and the 
welfare and safety of the community, the availability of 
facilities, the health and aptitude of such child, the availa­
bility of transportation, and all other relevant factors, and 
their effect on such child and other children attending said 
school and on the welfare and best interest of the adminis­
tration of the school or schools involved, which assignment 
and enrollment shall remain in effect for the remainder of 
the current school session unless otherwise ordered or au­
thorized by the Governor; provided, however, no school 
which has been closed, as aforesaid, shall be reopened, or 
reorganized and reopened, by the Governor, unless and until 
he finds and issues an executive order that such school can 
be reopened or reorganized and reopened in accordance with 
the provisions of § 4 above.

§ 6. If after investigation, the Governor concludes that 
such school cannot be reopened, or cannot be reorganized 
and reopened, he is authorized to assign the children in 
such school to any available public schools where such an 
assignment is practicable and to the best interest of the 
children involved, and to the public school system of the 
political subdivision concerned, taking into consideration 
the factors aforesaid; and the Governor is further au­
thorized to make available other facilities for the instruction 
[fol. 688] of such children, and to reassign the teachers in 
such closed school to other public schools in the political 
subdivision in which such closed school is located, or to other 
school or schools or other facilities made available for the 
instruction of such children, as authorized herein.

§ 7. Whenever any public school shall be closed under 
the circumstances aforesaid and as provided in the preced­
ing sections of this act, and any child, or children, enrolled



623

in such school cannot be reassigned to another public school, 
the Governor and the duly constituted authorities of the 
locality formerly having control of such school are au­
thorized to make available to such child or children an edu­
cation or tuition grant from funds which would otherwise 
have been available for the operation of the school in which 
lie or she was enrolled, or are otherwise available for that 
purpose, the amount of such grant to be expended under 
rules and regulations established by law or in the absence 
thereof to be promulgated by the Governor, which grants 
shall be expended by pupils attending non-sectarian private 
schools only, and provided, further, however, that the 
amount of such grant authorized and expended shall not ex­
ceed an amount equal to the quotient derived by dividing the 
total amount expended in the elementary and secondary 
school system of the political subdivision in which such 
school is located by the enrollment of pupils attending such 
public school system of such political subdivision for the 
year next preceding.

§ 8. Should the Governor, in carrying out the provi­
sions of this act and in providing for the education of the 
children assigned and enrolled in any school which is closed 
hereunder, expend an amount in excess of the amount which 
would have been expended by the school board of the politi­
cal subdivision in which such school is located, had such 
school not closed, authority is hereby given and the Gover­
nor is authorized to supplement the appropriation available 
to such political subdivision for educational purposes by an 
amount equal to such difference, such supplement to be made 
from funds which may be available and upon such condi­
tions as may be decided upon by the fiscal officers of the 
Commonwealth, the State Board of Education and the duly 
constituted authorities of the locality involved.

§ 9. Whenever it is made to appear to the Governor 
that any school which has been closed under the conditions 
aforesaid can be reopened and operated in accordance with 
the provisions of § 4 of this act, the Governor is authorized 
to return forthwith the operation, control and maintenance 
of such school to the local school board of the political sub­
division in which it is located.



624

§ 10. Notwithstanding any other provision contained 
in this act, if after investigation the Governor concludes, or, 
at any time the school board or board of supervisors of the 
county or the council of the city in which the closed school 
is located, certifies to the Governor by resolution that in it 
or their opinion such school cannot be reopened, or reor­
ganized and reopened, in conformity with provisions of this 
act, the Governor shall so proclaim, in which event the said 
school shall again become a part of the public school system 
of the political subdivision in which it is located, and such 
school, elementary or secondary, shall along with all other 
schools of its class in the political subdivision in which it 
is located thereby become subject to the applicable provi­
sions of the laws of this State.

§ 11. The Governor is given the power to take any and 
all actions and make such expenditures as may be necessary 
to carry into effect the provisions of this act and to fulfill 
the responsibilities assumed hereunder for the control of 
certain public schools upon the happening of certain con­
tingencies.
[fol. 689] § 12. The Commonwealth of Virginia as­
sumes the contractual obligation of the school board of any 
political subdivision, in which a school is closed under this 
act, with the principal, teachers and employees of such 
closed school, and it is directed that the salary, wage or com­
pensation of such principal, teachers or employees be paid 
upon authorization of the Governor as agreed and provided 
by the terms of their contract with such school board and for 
the time specified in the contract, or so long as such princi­
pal, teachers and employees are under the control of the 
Governor by virtue of the provisions of this act; provided, 
however, nothing herein contained shall obligate the Com­
monwealth of Virginia to employ or compensate such princi­
pal, teachers and other employees beyond the expiration 
date of their contract with such school board.

§13. Every action authorized and taken in conformity 
with the provisions of this act shall be and is hereby de­
clared to be the act of the General Assembly of Virginia 
and an act of the Governor of Virginia and an act taken on 
behalf of the sovereign Commonwealth of Virginia, and if



625

any suit, action or other legal proceedings be instituted 
relative thereto, the same shall be regarded and is hereby 
declared to be a suit, action or proceeding against the Com­
monwealth of Virginia, and the Commonwealth hereby de­
clines and refuses for the Commonwealth of Virginia or the 
Governor of Virginia to be subject to such a suit unless it 
shall be one brought by the Attorney General of Virginia to 
enforce the laws of the Commonwealth.
2. If any part, section, portion or provision of this act or 
the application thereof to any person or circumstances be 
held invalid by a court of final resort, such holding shall not 
effect any part, section, portion, provision or application 
of this act which can be given effect without the part, sec­
tion, portion, provision or application so held invalid; and 
to this end, the parts, sections, portions, provisions and ap­
plications hereof are declared severable.
3. Any acts or parts of acts in conflict herewith are hereby 
repealed to the extent of such conflict.
4. An emergency exists and this act is in force from its 
passage.

P l a in t if f 's E x h ib it  12
[fo l. 690]

Addbess
OF

THOS. B. STANLEY
GOVEBNOB 
TO THE

Geneeal A ssembly 
M onday, A ugust 27, 1956

[seal]
S enate D ocument N o. 1

Commonwealth of Virginia 
D ivision  o f Purchase and P rin ting  

Richmond 
1956



626

[fol. 692]
Address of

THOS. B. STANLEY
GOVERNOR

To the General Assembly 
E xtra Session

Monday, August 27, 1956

M r. Speaker, M r. P residen t, M em bers o f the Jo in t A s ­
sem bly, and C itizens o f V irg in ia :

The people of Virginia, and their elected representatives, 
are confronted with the gravest problems since 1865. Be­
ginning with decision of the Supreme Court of the United 
States on May 17, 1954, there has been a series of events 
striking at the very fundamentals of constitutional govern­
ment and creating situations of the utmost concern to all 
of our people in this Commonwealth, and throughout the 
South.

Because of the events I have just mentioned, I come before 
you today for the purpose of submitting recommendations 
to continue our system of segregated public schools.

At the very outset, I want to make perfectly clear that I 
am speaking to all the people of Virginia, of all races. I 
also want to be fully understood as to my purpose. I do 
not seek to take away anything from any Negro or any 
white person, or to deny him the equal opportunities to 
which he is entitled. On the contrary, I seek to insure to 
both white and Negro the enjoyment of full educational 
opportunities by the preservation of our public school sys­
tem. Both races have much in which to take pride, but 
their great heritage has been attained not by commingling 
of the races but by the development of their many talents 
among their own people.

We cannot compromise principle for expediency, or sac­
rifice rights for what may appear to be temporary advan­
tages.

We must take our position on the basis of what is right 
and is in keeping with the will of the people—the source



627

of all law and all government predicated upon the prin­
ciples enunciated in our Constitution.

Since May 1954 many important steps have been taken 
toward meeting the pyramiding problems originating with 
the unwarranted action of the Supreme Court. In August 
1954 I appointed a Commission on Public Education, com­
posed of thirty-two members of the General Assembly and 
charged with the duty of studying the effects of the court 
decision on Virginia and methods of dealing with them. 
While this study was underway, I met with the State Board 
of Education in June 1955 and, after a joint review of con­
ditions, we agreed upon the policy that the public schools 
should continue their operations in 1955-56 as theretofore, 
[fob 693] The Commission on Public Education made its 
report on November 11, 1955, after extensive study and 
investigation. A special session of the General Assembly 
was convened on November 30, 1955, and authorized a 
referendum on amending Section 141 of the State Con­
stitution, as recommended by the Commission. On January 
9, 1956, the voters of Virginia approved the holding of a 
constitutional convention to consider the proposed change 
in Section 141, and the regular session of the Assembly 
then provided for the election of delegates. The conven­
tion was held March 5-7, 1956; it approved and proclaimed 
an amendment to Section 141, authorizing use of public 
funds for tuition grants to students attending non-sectarian 
private schools. In May of this year, I requested the Com­
mission on Public Education to renew its studies in the 
light of developments since its report of November 1955. 
The Commission recommended this special session of the 
Assembly and has endorsed the proposals which I submit 
today for your consideration.

When I issued the call on July 23 for this special session, 
I stated that the implications of the Supreme Court deci­
sion have become more apparent to the people of Virginia 
in recent months and that I believed it was the conclusion 
of the vast majority of our citizens that there should he no 
mixing of the races in the public schools, anywhere in Vir­
ginia. This is supported by the many expressions which 
have reached me from people from all parts of Virginia, and 
I should like to add, these expressions have not been con­



628

fined to members of the white race. I do not know whether 
you in the Assembly are hearing from constituents through­
out your districts as I am here in Richmond. I have never 
experienced such a widespread and almost unanimous ex­
pression, on any subject, from citizens in all walks of life. 
Their one plea, repeated to me daily by letter, telegram 
and telephone, is, “Do not permit mixing of the races in 
our schools.”

These entreaties come from the fathers and mothers of 
children who will be immediately affected by any change 
in our system of schools, from workers in factories, farmers, 
bankers, lawyers and business men. There is no doubt they 
constitute a true cross section of our citizenship.

We have witnessed events outside Virginia which sup­
port our view that the best interest of both white and Negro 
races will be served by continued separation in the public 
schools. The experience of the District of Columbia, where 
racial integration has been ordered into effect, is but one 
example of the unfortunate results of such a misguided 
policy.

We have an excellent system of public schools in Vir­
ginia, for both white and Negro pupils. We have invested 
many millions of dollars in it and have vastly increased 
appropriations, both State and local, for its maintenance 
and operation. We have done this because we realize the 
importance of education to all our citizens. We want to 
preserve this system and the opportunities it offers, without 
discrimination, to members of all races. We are convinced 
that it can be preserved and operated as an efficient state­
wide system only by segregation of the races. We like­
wise are satisfied that we are within our rights, historically 
and legally, in taking every honorable and constitutional 
step to retain control and jurisdiction over this cherished 
system of public education. Our position was confirmed 
and encouraged by every decision of the Supreme Court 
of the United States over a period of nearly sixty years, 
prior to 1954.
[fol. 694] The principal bill which I submit to you at this 
time defines State policy and governs public school appro­
priations accordingly. The declaration reads, in part, as 
follows:



629

“The General Assembly declares, finds and estab­
lishes as a fact that the mixing of white and colored 
children in any elementary or secondary public school 
within any county, city or town of the Commonwealth 
constitutes a clear and present danger . . . and that no 
efficient system of elementary and secondary public 
schools can be maintained in any county, city or town 
in which white and colored children are taught in any 
such school located therein.”

The bill then defines efficient systems of elementary and 
secondary schools as those systems within a county, city 
or town in which there is no student body, in the respective 
categories, in which white and colored children are taught. 
Following these definitions is this further declaration:

“The General Assembly, for the purpose of protect­
ing the health and welfare of the people and in order to 
preserve and maintain an efficient system of public 
elementary and secondary schools hereby declares and 
establishes it to be the policy of this Commonwealth 
that no public elementary or secondary schools in which 
white and colored children are mixed and taught shall 
be entitled to or shall receive any funds from the State 
Treasury for their operation, and, to that end, forbids 
and prohibits the expenditure of any part of the funds 
appropriated by Items 133, 134, 137, 138 and 143 of 
this section for the establishment and maintenance of 
any system of public elementary or secondary schools, 
which is not effiecient.”

This policy is in harmony with Section 129 of the State 
Constitution, which provides that “The General Assembly 
shall establish and maintain an efficient system of public 
free schools throughout the State.” Manifestly, integra­
tion of the races would make impossible the operation of 
an efficient system. By this proposed legislation, the Gen­
eral Assembly, properly exercising its authority under the 
Constitution, will clearly define what constitutes an effi­
cient system for which State appropriations are made.

Thus, under terms of this bill, State funds will continue 
available for public schools throughout the State, as at



630

present, so long as white and Negro children are not tanght 
in the same schools. The effect of the bill will be to dis­
continue, by legislative direction, basic State appropria­
tions to the elementary schools of a locality which permits 
mixing of the races in any one of its elementary schools, or 
appropriations to the secondary schools of a locality, if 
persons of the opposite race are admitted to its white or 
Negro secondary schools. Thus, if the final point of deci­
sion should be reached, the bill would permit the continued 
operation of high schools on a segregated basis, even though 
the elementary schools of the locality were closed, or the 
continued operation of the elementary schools, if only the 
high schools are closed.

Should elementary or high schools of a county, city or 
[fol. 695] town be closed, the State funds, allocated for the 
operation of these schools would become available for edu­
cational grants to pupils attending non-sectarian private 
schools in that locality.

Furthermore, if it were demonstarted that the elementary 
or secondary schools, or both, of a locality in which they had 
been closed could be reopened on a segregated basis, the 
State appropriations again would become available immedi­
ately for their operation.

Every effort has been made to protect the teachers in 
our public schools. It is specifically provided that where 
schools are closed and teachers under contract become un­
employed by reason of the closing, State funds will con­
tinue available toward payment of their salaries for the 
duration of their contracts, should they continue unem­
ployed.

In addition to the appropriation bill, which is the key 
to this program to preserve our schools and continue 
segregation, the other items submitted for your earnest 
consideration and action would accomplish the following:

1. Permitting the use of State funds, not distributed 
to a class of schools as defined in the declaration of 
policy, because of closure, to pay grants for educa­
tional purposes.

2. Authorizing localities in which schools are not 
operated to raise tax funds or make appropriations



6 3 1

and use same, together with State funds, in payment 
of grants for educational purposes.

3. Permitting localities in 'which schools are operated 
to raise and expend funds for educational purposes 
and to receive and expend State funds for the same 
purposes.

4. Providing that no child shall be required to attend 
a mixed school.

5. Permitting, but not requiring, localities to fur­
nish pupil transportation.

6. Providing for the assignment of teachers by lo­
cal school boards, instead of the division superin­
tendents.

7. Permitting local school boards to expend funds 
set aside for school operation for educational grants 
without first obtaining the approval of the tax levying 
bodies.

8. Permitting school boards to employ counsel to 
defend the actions of members.

9. Amending the Virginia Supplemental Retire­
ment Act to provide for retirement coverage of teachers 
in certain private schools.

10. Authorizing the Attorney General to render le­
gal assistance to school boards in matters related to 
the commingling of the races in the public schools.

11. Permitting, but not requiring, school boards to 
maintain schools for nine months.,
[fol. 696] 12. Providing for tentative appropria­
tions by the localities for public school purposes; per­
mitting taxes or cash appropriations for educational 
grants; providing for suspension of payments from 
local funds to school boards, and making other con­
forming changes.

Bills incorporating these provisions have been prepared 
and are transmitted with this message with the request for 
their introduction and consideration.



632

All of these measures have been studied by the Commis­
sion on Public Education, and recommended for favorable 
action by the Q-eneral Assembly.

To members of the Commission on Public Education, I 
want to express my sincere appreciation for their long and 
tedious labors. The Commonwealth is indebted to them 
for their dedicated service, performed at considerable in­
convenience and personal sacrifice. I take this occasion to 
commend every member for the consideration he has given 
these matters and the conscientious attention devoted to 
questions of equal concern to each of us. It is my hope the 
Commission will continue intact and remain available for 
such further advice and service as conditions may require.

This plan is offered for the preservation of our schools. 
A distinguished Federal District Judge, George Bell Tim­
merman, Sr., says this: “The Supreme Court has not yet 
passed a law which says that it is a crime to maintain 
separate schools for white and Negro children . . .  I do 
not think the Supreme Court decision requires me to order 
a school closed simply because it is attended by one 
race... ”

There should be no reason to close any school in Vir­
ginia under this legislation. If any school is closed, it will 
be because a person, or persons, of one race seeks to force 
his way into a school in which the opposite race is taught.

On February 1, 1956, the regular session of the Assembly 
adopted Senate Joint Resolution No. 3, interposing the 
sovereignty of Virginia against encroachment upon the 
reserved powers of this State and appealing to sister States 
to resolve a question of contested power. Let me repeat, 
for emphasis, this portion of the resolution:

“Recognizing as this Assembly does, the prospect 
of incalculable harm to the public schools of this State 
and the disruption of the education of her children, 
Virginia is in duty bound to interpose against these 
most serious consequences, and earnestly to challenge 
the usurped authority that would inflict them upon our 
citizens.

“Therefore, the General Assembly of Virginia, ap­
pealing to our Creator as Virginia appealed to Him



for Divine Guidance when on June 29, 1776, our people 
established a Free and Independent State, now appeals 
to her sister States for that decision which only they 
are qualified under our mutual compact to make, and 
respectfully requests them to join her in taking ap­
propriate steps, pursuant to Article Y of the Consti­
tution, by which an amendment, designed to settle the 
issue of contested power here asserted, may he pro­
posed to all the States.
[fol. 697] “And be it finally resolved, that until the 
question here asserted by the State of Virginia be 
settled by clear Constitutional amendment, we pledge 
our firm intention to take all appropriate measures 
honorably, legally and constitutionally available to us, 
to resist this illegal encroachment upon our sovereign 
powers, and to urge upon our sister States, whose au­
thority over their own cherished powers may next be 
imperiled, their prompt and deliberate efforts to check 
this and further encroachment by the Supreme Court, 
through judicial legislation, upon the reserved powers 
of the States.”

That is a clear and firm declaration of policy and purpose 
on the part of this body, and it stands today as the official 
position of the General Assembly of Virginia.

This resolution of interposition was approved by 124 
member of the Assembly 88 delegates and 36 senators— 
and with only seven members dissenting—five delegates and 
two senators. That resolution was thoroughly discussed 
and agreed to only after mature deliberation.

The proposed legislation recognizes the fact that this is 
the time for a decisive and clear answer to these questions:

(1) Do we accept the attempt of the Supreme Court 
of the United States, without constitutional or any 
other legal basis, to usurp the rights of the States and 
dictate the administration of our internal affairs'? (2) 
Do we accept integration? (3) Do we want to permit 
the destruction of our schools by permitting “a little 
integration” and witness its subsequent sure and cer­
tain insidious spread throughout the Commonwealth?



634

My answer is a positive “No.” On the other hand, shall 
we take all appropriate measures honorably, legally 
and constitutionally available to us, to resist this il­
legal encroachment upon our sovereign powers? My 
answer is a definite “Yes,” and I believe it is to be the 
answer of the vast majority of the white people of 
Virginia, as well as the answer of a large, if unknown, 
number of Negro citizens.

My interest, and I know it to be yours, is the welfare of 
Virginia and all its citizens. The program which I am 
submitting is designed to promote the best interests of all 
Virginians, white and Negro, and especially the welfare 
of the greatest asset of any people, the boys and girls who 
constitute our future citizenship.

[fol. 698]
P laintiff’s E xhibit 13

STUDENTS, BACKED BY PETITION, TO END 
STRIKE AT FARMVILLE

By Guy F riddell 
N ew s L eader S ta f f  W r ite r  

(Stamp) May 4, 1951
(Handwritten) Va. Schools

FAKMVILLE, May 4.—Striking Negro high school pu­
pils in Farmville have agreed to return to classes Monday 
backed by a petition asking the end of racial segregation 
in Prince Edward County schools.

If the school board does not give satisfactory answer by 
Tuesday, then two Richmond attorneys say they will file 
a suit in Federal District Court “enjoining the school board 
from the enforcement of segregation laws, policies, and 
practices.”

Attorneys Oliver W. Hill and Spottswood Robinson, III, 
of Richmond, announced the policy amid cheers last night 
in Farmville’s First Negro Baptist Church jam-packed 
to the choir section.



635

The Rev. L. R. Griffin advised the 450 pupils “to go hack 
and co-operate 100 per cent,” and Robinson said the law­
yers would not tolerate any retaliation against the students 
who walked out of R. II. Moton High School April 23 to 
protest “inadequate” facilities and the school board’s delay 
in getting a new building.

L ittle Sympathy

Meanwhile farther down Main Street in the other First 
Baptist Church, the Woman’s Missionary Union gathered 
for its regular meeting, and, according to a dozen of those 
present, the town’s white population has little sympathy 
with the “strike.”

Several remarked that facilities at Moton were “not 
what they should be,” but added that such was the case at 
white schools, too, and the Negro students were “hurrying 
things so.”

One said that the strike had been inspired by “those 
Northern teachers,” and another added that a senior stu­
dent had told her he “would go back to school in a barn 
to graduate.”

But in the Negro church seniors, looking far to the future, 
said that they would give up graduation if their children 
could have a new school and others insisted that the walk­
out had been planned by “just the students—nobody else.”

“No Loafing”
Despite the two-week walkout, the students declared, 

there had been “no loafing.” Most of them had been study­
ing or doing “off and on jobs” such as mowing lawns, they 
said.

One of the students, Barbara Downs, addressed the 
meeting, and declared that students went from normal room 
temperatures in the main building to “overheated and very 
cold” rooms in the three temporary additions.

She said that Moton lacked a cafeteria and gym, and 
there were but four drinking fountains, two of which were 
out of order.

Robinson said that the two white high schools for a 
combined enrollment of 384 students were valued at $592,000 
while Moton was valued at $120,700.



636

P oll Tax P ayments

“There is just as much, if not more, to do about un­
wholesome and unequal facilities on the elementary level,” 
he said.

Hill advised the audience to get every Negro over 21 
to pay his poll tax and help elect responsible officials.

“There is nothing spectacular about the way democracy 
works,” he said. “You have to live it on the commonplace, 
everyday level.”

[fol. 699]
Defendant’s E xhibit 3 

Office of
Southwest Regional Counsel 

2600 Flora Street 
Dallas 4, Texas

December 6, 1955
Mr. Thurgood Marshall 
Director and Counsel
NAACP Legal Defense & Educational Fund, Inc.
107 West 43rd Street 
New York 36, New York
Dear Thurgood:

In compliance with your request, I hereby submit a pro­
gram of proposed legal action during the coming year in 
the five states that comprise the Southwest Region.

Arkansas :
1. We have pending a suit recently filed against the 

Van Buren, Arkansas School Board.
2. Proposed legal action will include:

(a) A suit against the Pulaski County Public Schools. 
Pulaski is the county in which Little Rock is situ­
ated. This suit will not include independent 
school districts.



637

(b) A suit against the North Little Rock School 
District.

(c) A suit against the Little Rock School District.
(d) Suits are being planned for the West Memphis 

area, which is the most difficult area in Arkansas.

Louisiana :
1. We have pending suit against Orleans and St. Helena 

Parishes.
2. Proposed legal action will include:

(a) Suits against three remaining liberal arts col­
leges.

(b) Suits against several trade schools at the secon­
dary level, but owned and operated by the State 
of Louisiana.

[fol. 700] (c) Suits against strategically chosen school 
boards in Eastern Louisiana contiguous to Mis­
sissippi.

New Mexico:
Since New Mexico has entered upon what appears to be a 

good faith program of desegregation, no suits in that state 
are now in contemplation.

Oklahoma :
1. We have a suit pending against the Red Bird Depen­

dent School District, tried before a three-judge court 
on November 30, and dismissed for want of juris­
diction. The record is now being typed and will be 
submitted to you for review to determine whether 
an appeal to the Supreme Court is justified.

2. Proposed legal action will include :
(a) A suit against the Vian Independent School Dis­

trict.
(b) A suit against the Arcadia Independent School 

District.



638

(c) It is now evident that many of the small school 
districts in rural Oklahoma have done little or 
nothing toward integration. At least three suits 
will he planned against such school districts.

Texas :
1. We have suits pending:

(a) against the Dallas Independent School District, 
and

(b) against the Mansfield Independent School Dis­
trict . . . now being processed for appeal.

2. Proposed legal action includes:
(a) Transportation—We have now the case of a 

Negro woman who has been arrested, tried and 
convicted for violating the separate coach ordi­
nance of the City of Austin, Texas. The Texas 
State Conference of Branches will appeal that 
case through the state courts in an effort to get 
the statute knocked out. Other transportation 
cases or negotiations are planned for Dallas, 
Houston and other urban areas to completely 
[fol. 701] test and destroy racial segregation in 
urban and inter-urban transportation in Texas. 
This is a must for Texas in 1956.

(b) Public Health—Negotiation is now in progress 
with the Parkland Memorial Hospital in Dallas 
aimed at the elimination of racial segregation 
in this institution. If negotiations fail, legal ac­
tion is in contemplation.

(c) Recreation—During 1955 two pivotal suits were 
won against the City of Beaumont and the City 
of Port Worth outlawing racial segregation in 
public recreation. We have a statute making 
racial segregation mandatory in the thirty-odd 
state owned and operated parks in Texas. We 
shall undoubtedly strive to test that law in 1956. 
In the past we have found it extremely difficult



639

to get persons to undertake to use the sensitive 
facilities such as restaurants, swimming pools, 
dance facilities, and the like. We shall continue 
to press that issue.

(d) Public Education—We have the following pro­
posed suits:
(1) A suit against the Wichita Falls Independent 

School District to be filed this month.
(2) A suit against a junior college in Harris 

County.
(3) A suit against the University of Houston.
(4) A suit against the Houston Independent 

School District.
(5) We are developing plans for at least five 

suits in East Texas, in Gilmer, Texarkana 
and other East Texas areas.

(6) A suit against the LaMar State College at 
Beaumont.

This, in general, defines the legal program in the South­
west Region for 1956. It will certainly not be diminished. 
There a likelihood that it will be expanded, particularly 
in Oklahoma and Texas. I hope that this is sufficiently 
detailed to meet your immediate needs. Necessarily, the 
pace will be quickened during 1956 because the people are 
becoming more restive.

Sincerely yours,

U. Simpson Tate
UST :glw
cc: Mrs. L. C. Bates, Mrs. D. A. Combre, Dr. H. W. Wil- 

liamston, Dr. H. Boyd Hall, Mr. Clarence Laws, Mr. 
Edwin C. Washington, Jr.



640

[fol. 702]
National Association toe the Advancement oe 

Coloeed P eople
20 west 4 0 t h  steeet, new yobk 18, N. Y. 

LOngacre 3-6890

September 26, 1957

Clerk
United States District Court

for the Eastern District of Virginia 
Richmond 6, Virginia

Dear Sir:
Re: N.A.A.C.P. v. J. Lindsay Almond, No. 2435

Pursuant to agreement with counsel for defendants, Mr. 
Wilkins has prepared the information requested, and I am 
enclosing herewith the following:

A. Comparison between N.A.A.C.P. income from Virginia 
and from the country as a whole for the year 1956.

B. Comparison between N.A.A.C.P. income from Virginia 
and from the country as a whole for the first 8 months 
of 1957.

C. The largest single contribution to the N.A.A.C.P. for 
the past two years, and the largest single contribution 
from Virginia.

D. Income from Virginia by the month for the first 8 
months in 1957.

E. Income from Virginia by the month in 1956.
F. Payments made to the Virginia State Conference of 

Branches by the New York Office, 1955, 1956 and 1957.

The above-named items should be added to the record in 
the above-entitled case as plaintiff’s exhibits.



641

I have this day also sent copies of same to counsel for 
defendants.

Very truly yours,
/s /  Robert L. Cabteb 
Robert L. Carter 
Attorney for Plaintiff

Enel.

[fol. 703]
Comparison Between NAACP I ncome F rom Virginia 

And F rom Country as a W hole 
F or the Year 1956

Virginia ...........
Entire Country

[fol. 704]
Current Comparison Between NAACP I ncome F rom 

Virginia and F rom Country as a W hole
(F irst 8 Months of 1957)

Virginia.............................................................  $ 38,469.59
Entire Country ......................................... ....... 425,608.13

[fol. 705]
Largest Single Contribution to NAACP 

During 1956 & 1957
1956— Herbert H. Lehman, New York, N. Y. $ 7,000.00
1957— National Links, Inc. (Women’s Clubs)

Treasurer’s Office, Denver, Colo........  $ 6,800.00*

* Represents $100.00 each from 68 chapters.

$ 50,998.90 
598,612.84



642

Largest S ingle Contribution to NA AGP 
During 1956 & 1957 F rom V irginia

1956— Virginia Mutual Benefit Life
Insurance Co., Richmond, Va................ $ 250.00*

1957— Virginia Mutual Benefit Life
Insurance Co., Richmond, Va. .......... ~~ $ 250.00*

* Payments on Life Membership of $500.00

[fol. 706]
I ncome F rom Virginia for the F irst 8 Months of 1957 

By the Month

M onth
F rom

B ranches

January $ 1,793.40
February 1,644.60
March 1,946.80
April 5,971.00
May 9,724.60
June 8,588.88
July 5,732.81
August 2,068.51

Totals $37,470.60

From.
O ther

Sources T o ta l

$ 114.50 $ 1,907.90
100.50 1,745.10
126.50 2,073.30
36.70 6,007.70
30.79 9,755.39

152.00 8,740.88
79.50 5,812.31

358.50 2,427.01

$ 998.99 $38,469.59



643

[fol. 707]
I ncome F rom V irginia for the Year 1956 

By the Month

M onth
F rom

B ranches

From,
O ther

Sources T o ta l

January $ 1,330.22 $ 182.60 $ 1,512.82
February 1,973.99 150.00 2,123.99
March 4,879.27 12.00 4,891.27
April 9,148.72 57.00 9,205.72
May 9,420.61 4.25 9,424.86
June 11,084.76 63.55 11,148.31
July 4,075.93 7.50 4,083.43
August 1,699.25 49.06 1,748.31
September 1,297.94 309.00 1,606.94
October 2,155.15 27.75 2,182.90
November 1,020.35 122.75 1,143.10
December 1,910.25 17.00 1,927.25

Totals $49,996.44 $ 1,002.46 $50,998.90



644

[fol. 708]
P ayments Made to V irginia State Conference of Branches

By National Office — NAACP 
1955, 1956 & 1957

D ate E xp lana tion  A m o u n t
1955

2/17/55 Branch Per Capita T ax ................. - $ 1,000.00
3/30/55 Voting & Registration Expense----  1,000.00
4/11/55 Branch Per Capita T ax.—......—- 896.75
5/26/55 Branch Per Capita T ax ..............—  971.50
7/1/55 Voting & Registration Expense.......  1,000.00
9/8/55 Branch Per Capita T ax..........   1,289.79

10/24/55 Branch Per Capita T ax..  438.95

Total— 1955 ........................- $ 6,596.99

1956
4/15/56 Branch Per Capita Tax ............. - ....  $ 1,052.79
5/22/56 Branch Per Capita T ax........... .......- 1,876.16
9/13/56 Branch Per Capita T ax .......... ......... 642.20

10/24/56 Branch Per Capita T ax ...................  4,292.44
12/18/56 Branch Per Capita Tax  ........... —  1,431.30

Total — 1956 ........................- 9,294.89

1957
3/17/57 Branch Per Capita Tax ....... ..........  $ 464.56
4/4/57 Voting & Registration Expense......  1,500.00
6/21/57 Thalheimer Award...... .... ...............  50.00

Total — 1957 ........................- 2,014.56

G r a n d  T o t a l  .....................  $17,906.44



645

[fol. 709]
L aw  Offices

H ill, Martin & Olphin 
118 E a st L eigh  S tre e t  
R ichm ond  19, V irgin ia

Oliver W. H ill Telephones 2-8033
Martin A. Martin 7-6441
J ames E. Olphin

October Seventh 
1 9  5 7

Mr. Walkley Johnson, Clerk 
United States District Court 
Eastern Division of Virginia 
Eichmond, Virginia

Ee: NAACP vs. Almond
C. A. Nos. 2435 and 2436

Dear Sir:
Pursuant to agreement of counsel for all parties, I hereby 

file with you the following:
Excerpt from the minutes of the Executive Board of 
the Virginia State Conference of NAACP Branches, 
February 4, 1951, fixing fees for the employment and 
compensation of attorneys.

I regret that I neglected to include this with the en­
closures in my letter of October 2, to be added to the record 
in the above-entitled cases as plaintiffs’ exhibits.

I have this day mailed copies of this excerpt and this 
letter to each of the Judges and to counsel for the defen­
dants.

Very truly yours,
/ s /  Oliver W. H ill 
Oliver W. Hill

OWH:ews
Enclosure



646

[fol. 710]
Memorandum

R e : NAACP vs. Almond, Nos. 2435 and 2436
In response to the request of Mr. Gravatt (Tr. p. 54), 

we submit herewith excerpt from the minutes of the Execu­
tive Board of the Virginia State Conference of NAACP 
Branches, February 4, 1951, fixing fees for the employment 
and compensation of attorneys:

“General R e p o r t : The general report of the Legal Staff 
was given by Chairman Oliver W. Hill. Cases reviewed 
were the Martinsville Case, William C. Chance (transporta­
tion) case, Isle of Wight rape case and the Jodie Bailey 
case. Mr. Hill pointed out how each case had helped our 
cause and made the following recommendations:

“ (a) That greater emphasis be placed on activities of 
a non legal nature by our member branches.

“ (b) That the State Conference spend more time and 
money toward educating our branches and the pub­
lic to take fuller advantage of the court victories 
won.

“ (c) That both the Conference and the Branches screen 
the prospective cases more carefully, for economic 
and other reasons.

“ (d) That the per diem fees for members of the Legal 
Staff be raised to $50.00 and that the travel rates 
be increased from 8̂  to 10  ̂ per mile, and,

“ (e) That a resolution be passed by the Executive Board 
which will concur with a similar resolution of the 
legal staff that all staff attorneys adhere strictly 
to the policy of the Association.

“A c tio n  taken  on L egal S ta f f’s R ecom m enda tions : The 
Board was in full accord with the recommendations a, b, 
and c, and directed the secretary to use whatever methods 
available to put these recommendations into effect. After 
an exhaustive discussion on the advantages and disadvan-



647

tages of recommendations d and e, it was Motioned by 
Dr. Henderson that the per diem fee be set at $60.00 per 
day and that the mileage rate remain as is, that is 8̂  per 
mile. Motion was seconded by Mr. Carrington. Mr. Spencer 
offered the following amendment: That the Conference 
agree to pay $60.00 per diem to attorneys as long as such 
attorneys adhere strictly to NAACP policies. The Amend­
ment was accepted. Motion passed.”

[fol. 711]
Supbeme Court of the United States 

No. 127, October Term, 1958

Albertis S. Harrison, J r., Attorney General of Virginia, 
et al., Appellants,

vs.
National Association for the Advancement of Colored 

P eople, a Corporation, and NAACP Legal Defense and 
E ducational F und, I ncorporated.

Appeal from the United States District Court for the 
Eastern District of Virginia.

Order Noting P robable J urisdiction—October 13, 1958
The statement of jurisdiction in this case having been 

submitted and considered by the Court, probable jurisdic­
tion is noted.