Evening star., 1952-03-21
Delegation Cool
70 Virginia
Primary Ruling
Only One Member
Of House Indorses
Almond Opinion
By Alex r. Preston

A decision by the Virginia State
attorney general that congress
sional primaries this summer In
the State are legal has stirred q
reaction ranging from dubious
ness to outright opposition from
the all-Democratic delegation in
Congress.
Only one member Of Congress
could be found last night to give
100 per cent support to the opin-
ion Of Attorney General j. Lind
say Almond. jr.
Representative Gary Of the Sd
district said he was delighted"
Representative Smith, 9th dis
trict, sharply disagreed. Mr..
Smith said his opposition view
was based on legal precedents
and the opinions of numerous
outstanding lawyers in Virginia. I"
Smith Seeking 18th Term.
He said the General Assembly
itself, when it passed the redis-
tricting bill without an emergency
clause. agreed that "a legal pri-
mary could not be held and
would be subject to legal attack" I"
Mr.. Smith, dean Of the Virginia
congressional delegation, has an
nounced he Is seeking his 18th
term in the House.
Representative Abbitt Of the
4th district, declared he has
serious doubts" over Mr.. AL
mond's opinion. MANY eminent
attorneys disagree on the ques-
tion," he said.
The Attorney Generals ruling
yesterday afternoon brought non
committal reactions from Repre-
sentatives Burton, 9Th district.
Robeson, 1st district, and Stanley,
6th district.
The effect Of Mr.. Almonds de-
ciSion is that Democratic candi-
dates can legally be named by pri-
mary this year as well as by con-
vention under the new redistrict-
ing act.
Timing Adds Complications.
Since the act does not become
effective until June %, and the
primary date is July is, a legal
Snarl resulted because election
laws require congressional candi-
dates to file 90 days Ia advance Of
the primary. Candidates In the
new 10th district, under the pres-
ent setup Of dates, thus would be
faced with the fact that the dis.
trict they choose to represent Will
have been in existence only rs
days before the primary date.
Mr.. Almond. himself . likely
candidate for Governor next year.
gave his ruling on primaries in re-
Sponse to a request from Delegated
Ernest Robertson Of Roanoke
County. Mr.. Almond said:
"It would appear reasonable, just
and in the interest Of public
policy to hold that the Legislature,
having made available the ma
chinery for a primary election in
July, the political parties can do
all things required Of them to
efectuate the use Of that ma
chinery to the end that the citi-
zens Of the State may express their
will at the polls"
Chief proponents Of the re-
districting bill. State Senator
Charles r. Fenwick and Delegate
J. Maynard Magruder of Arling-
ton, fought for the emergency
clause so as to avoid a possibility
preventing a primary.
Mr.. Almond. however, said, "in
my opinion our courts would not
construe the statutes dealing with
filing Of declarations Of candidacy
or notification Of intent to hold
q primary with such strictness as
to make void the filing Of a decla-
ration with q new district COM
mittee or a request for q primary
filed by such committee
Nevertheless. some Democratic
leaders at the highest level. inl
Northern Virginia's three congress
sional districts believe primaries
in districts which have been Gre
ated or rearranged would invite
court action by the opposition.