Evening star., 1955-07-10
VIRGINIA:
Park Decision Seen
Affecting Schools
BY ALEX r. PRESTON

AIlOLueI TulluB on virginia 5
thorny segregation problem
came last week when a Federal
court held that the State can
not do indirectly what the
Supreme Court says it can't
do directly.
In ruling on the Seashore
State Park case, District Judge
Walter e. Hoffman of Norfolk
apparently shortstopped any
attempt the State might have
had in mind to sell or lease its
public schools to private oper-
ators to circumvent the Su-
preme Courts desegregation
order.
Specifically, he held that
Virginia cannot continue racial
segregation at Seashore, next
to swank Virginia Beach
whether it is operated by the
State or under private lease.
But the scope Of his opinion
goes even further than that.
,"In short" he said. "the
power to sell or lease public
property must not include
the power to discriminate
against members of any race"
Application to Schools
This wording has left some
Of Virginia's top echelon, now
tussling with the public school
problem, aghast. If upheld,
the language might nullify
some new anti-integration
laws in the South that would
turn public schools over to
private interests.
To some, it indicates Judge
Hoffman would prohibit even
the sale Of State property II he
felt the State were aware at
the time that it might be used
FOR discriminatory purposes.
This Immediately poses the
question Of what shall be the
future policy Of the State in
selling any Of its surplus lands
not just parks?
Carried a step further, to
what extent are the hands
Of the political subdivisions
the counties and cities-tied
in disposing of excess public
property?
Are they, too, prevented by
this ruling from selling public
lands to private ownership
without first receiving assur-
ances that the purchasers will
not discriminate?
Attorney General j. Lindsay
Almond, jr.. who fought the
case instituted by four Negroes
four years ago to gain entrance
to Seashore, said he had ex-
pected the State to be en-
Joined from excluding Negroes.
But he said it is debatable
whether the State could be
prevented from leasing the
property to a private operator
who might operate it as he
saw fit.
Director Raymond v. Long
of the Department of Conser-
vation and Development, had
testified that the State would
not place any restrictions in
its lease to a private operator.
He said, though. he was con-
fident no one could profitably
operate such an enterprise on
a non-segregated basis.
Judges Comment
while this court is inclined
to agree with this statement, :"
Judge Hoffman commented.
IF this is true, it stands to
reason that no individual may
operate the park at a profit
without enforcing segregation.
-. Accordingly the defend
ants are required to elect to
operate on a non-discrimiua-
tory basis, or, If leased, to see
that the park is operated by
the lessee without discrimina-
ton"
An indication that the Judge
was fully aware Of the scope
OF the issue before him came
weeks ago'when, at one Of the
hearings, he asked: IF the
State of Virginia has author
ity to lease a State park, would
it not be possible for a mu-
nicipal corporation to lease its
public schools to a private in
dividual?"
When the State answered
that 1t would be, the jurist OBJ
served, That's the very thing
that bothers me-"
Seashore, located at Cape
Henry, is one of nine State