Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-03-22
Believes State
Could Forestull
Racial Critics

RlCHMOND, va, Mar. % tHDs
Attorney General J. Lindsay
Almond. jr.. will recommend
that Virginia's State parks be
leased on an open bid rather
than a negotiated bid basis.
This will forestall any cri-
ticism that a Negro applicant
might be Disseminated against"
MI. Almond said after conclude
ing his arguments in the Sea-
shore State Park case before
the 4th Circuit Federal Appeals
Court.
The Attorney General argued
yesterday for modification of a
lower court ruling that prevents
the State from leasing seashore
in Princess Anne County under
any arrangements that would
against any race.
The case could have impor-
|tant bearing on any move in the
South to forestall racial inte-
grafton by leasing public school
buildings to private operators.
No Requirement on Use
While the case argued is not a
school suit. it involves the ques-
ton of the leasing of public
property without any require
ment as to its. use.
Attorneys for the National
Association for the Advance
ment of Colored People asked
the Circuit Court to affirm the
decision of the Norfolk Federal
Court enjoining Virginia from
leasing Seashore State Park.
The injunction would prohibit
the State from leasing the park
under any arrangement that
would directly or indirectly
operate so as to discriminate
against the members OF any
race"
Counsel for the State argued
the ruling was premature and
asked the court to modify the
District Courts decision.
Mr.. Almond and his special
assistant, Henry T. Wickham.
said the only issue on which the
appeal was brought was the
question of the lease by which
the State proposed to allow a
private operator to run Seashore
Park.
The State did not take ex-
tception to the portion Of the
District Courts decision that
the State could not bar Negroes
from using the park.
Suggested in Some Areas
Leasing of public school build
ings to private corporations has
been suggested in some areas
where resistance has developed
to the Supreme Courts May II.
1854, decision banning racial
segregation in the public schools.
Opposing Mr.. Almond were
Negro attorneys Spottswood
Robinson of Richmond and
Victor Ashe of Norfolk.
Mr.. Robinson took the posi-
ton that leasing Seashore to a
private operator, as the State
had proposed. would enable
segregation to continue at the
park.
Mr.. Wickham admitted the
lease arrangement would give
the State only bare legal title
to the property.
1.-THE State in fact would have
no control over the lessee" he
said.
Mr.. Almond said the Federal
courts have no authority Ito
dictate the provisions, or opera
tons of. a lease that may be
executed by the State at some
future date"
Mr.. Robinson countered by
saying that under the proposed
lease arrangement it was con-
templated Seashore would be
operated as in the past with
the exception that it will be
operated by a private lessee"
Discrimination Possible
Il think that it is very plain
from the evidence that lessee
might discriminate against Ne
groes by excluding them from
the park" he added.
The Seashore case originated
in 1851 in Norfolk when four
Negroes sought the right to use
the parks facilities. The State
operates seven other parks on
an all-Whlte basis ana maintains
one park for Negroes.
A Federal Court decision last
year ruled out segregated park
and playground facilities.
Seashore is not being operated
this year, but the State is
proceeding with plans to operate