Evening star., 1948-12-30
u. ). Welcomes
Test al Airport
On Segregation
Stote's Rights Issue
Injected Into PIeo
For Injunction Writ

day they welcome a court chal-
lenge brought by Air Terminal
Services, Inc, operator of Ma
tional Airport eating places, to
test the Civil AeronauticS Ad-
miniStration order banning ra-
cial segregation at the airport.
The case, involving questions of
Federal-State jurisdiction as well as
the right of an executive agency to
issue a regulation without specific
congressional legislation, comes up
at 10 am. Monday in Federal Court
at Alexandria.
At that time Judge Albert v.
Bryan will hear arguments on a
petition of the Terminal Services
for an injunction to prevent the
CAA from enforcing the nonSegre-
cation order announced last Mon
day.
Asks End of Enforcement.
The petition, filed late yesterday
by Frederick j. Ball, vice president
ard attorney for the company, also
requests that United States At
torney George H. Humrickhouse at
Alexandria be restrained from en-
forcing criminal penalties for non-
conformence with te CAA order
1t contends that the order puts
the company in the position of vio-
lating States as well as Federal laws
Justice Department and CAA Off
cials expressed confidence that they
can meet the companys challenge.
They declared they welcome an
opportunity to prove that CAA had
authority to issue the order and that
the Virginia statute on segregation
cannot apply at the Federally-owned
airport
State Plans No Action.
Virginia officials indicated at
Richmond today that the State
planned no action against the CAA
order.
Gov. Tuck refused to discuss the
matter, but was understood to lean
to the view that Virginia law limits
the Commonwealth authority over
the airport property to regulating
sale of liquor, taxing aviation gaso-
line and serving processes, the As
sociated Press reported.
The Attorney General was said tc
be looking into the legal question
and would discuss it with the Gov
ernor. A member of the Attorney
Generals Office expressed personal
opinion that the State had no juris-
diction
The company, meanwhile, main
tanned the segregation policy it has
kept in effect at the airport dining
room, cafeterias and snack bar de-
spite the CAA order.
Pickets to Mark Time.
Negro spokesmen indicated they
would mark time pending the court
proceedings. Edgar G. Brown, di-
rector of the National Negro Coun-
Gil, said he probably would not re-
new the "sit-down protest he and
his son staged in the coffee shop
for several hours yesterday when
they we're refused service.
But if the Federal Judge rules
against the CAA," he declared, I'VE
will ask Congress for immediate
passage of necessary legislation to
make the nonsegregatlon order ef-
fective'
Mr.. Brown said he sent another
telegram TO President Truman cit
ing the determined defiance of ATS
to the CAA order" 1t urged the
President to issue an executive or
der prohibiting racial discrimination
and segregation in all public places.
CAA Order Commended.
The District branch of the Ma
tional Association for the Advance
ment of Colored People. through its
president, the Rev. Stephen G.
Spottswood, commended the CAA
order as another victory in the field
of civil rights in the Nations Cap
ital"
The Federal Government should
bring strong pressure to bear on the
restaurant mamangement," the
statement said. Virginia segrega-
ton laws do not apply in the Fed
erally-oWned Pentagon located in
Virginia and therefore they do not
apply to the National Airport In
fact, we do not think segregation
laws are constitutional in any part
of the United States"
CAA officials went ahead today
with preparation of detailed reports
concerning Negroes who have been
refused service at airport eating
places since Monday.
Will Go to Prosecution.
These, together with complaints
and affldavits from individual
Negroes, are being forwarded to
the Justice Department. Eventu-
ally they will go to the United
States Attorney in Alexandria for
possible prosecution of the COM
pany for violations of the CAA
order. Such violations carry
maximum penalty of $500 fine and
six months in jail.
A Justice Department spokesman
said, however. he saw no likelihood
of such moves pending outcome of
the show cause" hearing on the
injunction relief asked by the COM
pany.
CAA and Justice Department at
torneys today mapped plans to con-
test the petition. Both agencies are
involved because the petition is
directed against CAA Administrator
D. w. Rented and United States
Attorney Humrickhouse.
The actual court proceedings in
benalf of the Government will be
handled by Justice Department rep
resentatives. The CAA order origI-
nally was issued on advice of the
Justice Department, an official said.
CAA was advised it had ample
authority to make a nonsegregation
regulation without any new legis-
lation. he noted.
We still stand by that advice" ="
he added.
Case Raises Other Issues.
While segregation is at immediate
issue, the case raises other broad
and long standing issues.
The injunction petition contends
that the CAA ORDER puts the COM
popv hatween two fires bV making