Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-01-03
CAAAirportBdn
On Segregation
Gets Court Test
Stute Law Does Not
Affect Cafes, Hearing
At Alexandria Told =

The Virginia segregation law does
not apply to restaurants, United
States Attorney George r. Humrick-
house told the District Court in
Alexandria today at a hearing on =
petition for an injunction against
enforcement of the Civil Aeronau-
tics Administrator ban on segrega-
ton at National Airport.
In filing his answer to the suit
brought by Air Terminal Services,
Inc, which operates food conces-
sions at the airport, Mr.. Humrick-
house insisted the law does not ap-
ply there because of the Federal jul
risdiction. He argued, however, that
even if this were not the case, the
Virginia statute requiring separa-
ton OF races in public halls, the
alters, opera houses, motion pictures
or any place of assemblage" would
not be applicable.
1T was never intended to m
clude restaurants" Mr.. Humrick-
house told the court. The law does
not mention restaurants. and there
have been court decisions holding
it does not affect drugstores, boot
black stands and other establish.
ments similarly unmentioned. he
said.
Wants Case in d. c. Court.
Mr.. Humrickhouse also commended
the suit against CAA Administrator
D. w. Rentzell should be brought
in District Court in Washington. be-
cause his official status is there,
rather than in Alexandria. where
he makes his home.
Attorneys for ATS asked hat
argument be postponed until Thurs
day to give them time to study tl,s
answer, but Judge Albert v. Bryan
ordered that it proceed
In ordering the terminal restau-
rants, cafeterias and snack bars
opened to white and colored per-
sons alike, CAA officials said thev
were acting on the advice OF the
Justice Department that they were
on solid legal ground.
One day after issuance of the
order, ATS officials refused to serve
six Negroes informally testing the
directive. The following day Edgar
G. Brown, director of the National
Negro Council, staged a Shutdown"
strike in the coffee shop. Both
demonstrations were orderly.
Acted on Advice of Counsel.
ATS officials explained they were
acting on the advice of attorneys
that, until the courts ruled other
wise, the airport fell under the
jurisdiction of Vrginias segrega-
ton laws.
Both sides indicated, they well
coined adjudication of problem
that has long vexed them. One suit,
brought by colored person charg-
ing she was turned away from a
meal, is pending against manage
ment of the airport and dining facil-
tiles, and there have been threats
of others.
In their petition to enjoin the
CAA, Terminal Services officials
said the company was being placed
in jeopardy of Federal punishment
unless it obeys the order and in
danger of Virginia prosecution if it
ends segregation.
The petition also stated that fail
.ure to follow the CAA order might
result in revocation of the company,s
contract to operate the eating
places.
Complaints Are Accepted.
/ CAA and airport officials have
accepted complaints from persons
barred from eating at the airport
since last Monday, and have pre-
pared them in written reports for
the Justice Department. They will
be available as evidence if the JUS
tice Department chooses to prose-
cute for criminal violations of the
CAA order.
Such violations carry a penalty of
$500 fine and six months in Jail. On
the other hand, ATS officials have
said they would be liable to fines
and Imprisonment if they were
found to be violating the Virginia
segregation laws.
ATS officials contend new con-
gressional legislation is necessary to
define segregation status of the air
port property. The Commerce De-
partment asked the 80th Congress
for such legislation. but no action
was taken.