J. Lindsay Almond

James Lindsay Almond Jr. (June 15, 1898 – April 15, 1986) was a Senior Judge of the United States Court of Appeals for the Federal Circuit (1982-1986). He was a member of the U.S. House of Representatives from Virginia's 6th district (1946-1948), 26th Attorney General of Virginia (1948-1957) and the 58th Governor of Virginia (1958-1962). He was originally a supporter of Massive resistance to the integration of public schools. When the courts ruled that unconstitutional, he reversed himself and worked with the legislature to end massive resistance. Almond then became an Associate Judge of the United States Court of Customs and Patent Appeals (1962-1973) before becoming Senior Judge of the United States Court of Customs and Patent Appeals (1973-1982). He would ultimately advance to Senior Judge of the United States Court of Appeals for the Federal Circuit in 1982, and served until his death in 1986.

J. Lindsay Almond
Senior Judge of the United States Court of Appeals for the Federal Circuit
In office October 1, 1982 – April 14, 1986
Senior Judge of the United States Court of Customs and Patent Appeals
In office March 1, 1973 – October 1, 1982
Associate Judge of the United States Court of Customs and Patent Appeals
In office October 23, 1962 – March 1, 1973
Appointed by	John F. Kennedy
Preceded by	Ambrose O'Connell
Succeeded by	Jack Miller
58th Governor of Virginia
In office January 11, 1958 – January 13, 1962
Lieutenant	Allie Edward Stakes Stephens
Preceded by	Thomas B. Stanley
Succeeded by	Albertis Harrison
26th Attorney General of Virginia
In office February 11, 1948 – August 28, 1957
Governor	William M. Tuck John S. Battle Thomas B. Stanley
Preceded by	Harvey B. Apperson
Succeeded by	Kenneth Cartwright Patty
Member of the U.S. House of Representatives from Virginia's 6th district
In office January 22, 1946 – April 17, 1948
Preceded by	Clifton A. Woodrum
Succeeded by	Clarence G. Burton
Personal details
Born	James Lindsay Almond Jr. (1898-06-15)June 15, 1898 Charlottesville, Virginia
Died	April 14, 1986(1986-04-14) (aged 87) Richmond, Virginia
Resting place	Evergreen Burial Park Roanoke, Virginia
Political party	Democratic
Education	Virginia Tech University of Virginia School of Law (LL.B.)

Early life

Almond was born in Charlottesville, Virginia and raised in Orange County, Virginia. Almond attended Virginia Tech and served as a private in the Students Army Training Corps in 1917 and 1918 in World War I. Afterwards he taught school in Locust Grove, Orange County, Virginia. He served as a high school principal and earned a Bachelor of Laws from the University of Virginia School of Law in 1923.[1]

Political career

Almond was assistant commonwealth attorney of Roanoke, Virginia from 1930 to 1933 and was a state court judge of the Hustings Court of Roanoke from 1933 to 1945. He was then elected to the United States House of Representatives from Virginia's 6th congressional district, serving in the 79th and 80th Congresses.[2]

Almond resigned his Congressional seat in 1948, when he was elected Attorney General of Virginia. He argued the state's case for segregation of public schools before the United States Supreme Court in the case of Davis v. County School Board of Prince Edward County, which was consolidated with Brown v. Board of Education. Virginia lost both in 1954 and 1955.[3]

Although not a favorite of United States Senator Harry F. Byrd, Almond had demonstrated loyalty to the Byrd Organization as well as the national ticket and racial segregation. Byrd had been offended by Almond's endorsement of Martin Hutchinson for the Federal Trade Commission and had refused to endorse Almond for governor in 1953 so Thomas B. Stanley was nominated and ultimately elected. By 1956, Byrd had announced the organization's policy of massive resistance, and as attorney-general, Almond had defended what became known as the Stanley Plan despite doubts about its constitutionality. In 1957, Almond resigned as attorney general (and Stanley appointed Kenneth Cartwright Patty to fill the rest of the term) and announced early for the Democratic nomination for governor. Almond refused Byrd's offer of a position on the Virginia Supreme Court conditioned upon his endorsing Byrd's preferred nominee, Garland Gray, firmly segregationist in allegiance. Gray then withdrew from the Democratic primary, and Almond easily won the Democratic nomination for Governor of Virginia. His Republican opponent, Theodore Roosevelt Dalton, would have allowed racial integration of the public schools pursuant to court orders. Almond offered segregationist rhetoric in most locations and won election as Virginia's governor a month after President Dwight Eisenhower sent troops to enforce a desegregation order in Little Rock, Arkansas, over the opposition of its governor, Orval Faubus.[4]

Almond took office in January 1958 for a volatile term that ended in 1962. On January 19, 1959, the Virginia Supreme Court and a three judge federal panel both found the Stanley Plan unconstitutional. Almond initially protested denouncing the federal court rulings in a fiery speech blasting "those whose purpose and design is to blend and amalgamate of the white and negro races", and citing "the livid stench of sadism, sex immorality, and juvenile pregnancy infesting the mixed schools of the District of Columbia and elsewhere", but soon called a special legislative session and announced (to Byrd's fury and that of James J. Kilpatrick, among others) that he would not resist the federal court orders. He allowed public schools in Arlington and Norfolk to desegregate peacefully by to court orders on February 5, 1959.[5] Heeding the advice of several moderates within his own party, including Senator Mosby Perrow Jr., Almond realized that opposition to desegregation was ultimately futile, as the state continued to lose in the courts. In April 1959, Almond and his lieutenant governor, Allie Edward Stakes Stephens, helped Perrow and Stuart B. Carter of Fincastle, Virginia narrowly secure passage of bills which allowed localities to determine whether to desegregate their schools.[6]

Schools in Albemarle and Warren Counties opened and followed desegregation orders, but the schools in Prince Edward County remained closed until 1963, and the tuition assistance program that supported segregation academies remained in effect until 1968 when the United States Supreme Court decided Green v. County School Board of New Kent County. Thus, except for Prince Edward County, massive resistance had been transformed into passive resistance against school desegregation.

However, Harry F. Byrd Jr. and longtime Byrd lieutenant E. Blackburn Moore defeated Almonds' request for a sales tax in 1960, which some saw as retaliation for allowing school desegregation. Stephens resigned just before year end to run for governor (following Almond's early declaration example). However, the Byrd Organization slated Albertis Harrison (the attorney general who had supported segregation and litigation against the NAACP) as their candidate. Stephens lost badly in the 1961 Democratic primary (which ended his elected career), and Byrd loyalist Mills Godwin defeated moderate Armistead Boothe for lieutenant governor, but the machine's vote totals were lower than previously. Both Harrison and Godwin won election in November, with Robert Young Button being elected attorney general.[7]

Federal judicial service

After campaigning for President John F. Kennedy in 1960, President Kennedy nominated Almond to the United States Court of Customs and Patent Appeals on April 16, 1962. However Senator Byrd blocked a Senate floor vote and the nomination expired without action. Almond received a recess appointment from President Kennedy on October 23, 1962, to an Associate Judge seat on the United States Court of Customs and Patent Appeals vacated by Associate Judge Ambrose O'Connell. He was nominated to the same position by President Kennedy on January 15, 1963. He was confirmed by the United States Senate on June 28, 1963, 164 days after his nomination (more than a year after the first nomination, which Byrd had said he would not block) when Senator Byrd, who was still blocking his nomination, missed a floor session.[8] Byrd's vindictiveness toward Almond eventually undermined the Byrd Organization.[9] Almond received his commission on July 3, 1963. He assumed senior status on March 1, 1973. He was reassigned by operation of law to the United States Court of Appeals for the Federal Circuit on October 1, 1982, pursuant to 96 Stat. 25. His service terminated on April 14, 1986, due to his death.[10]

Elections

• 1946; Almond was elected to the U.S. House of Representatives in a special election unopposed. He was re-elected in the general election with 64.78% of the vote, defeating Republican Frank R. Angell and Socialist Ruby Mae Wilkes.
• 1957; Almond was elected Governor of Virginia with 63.15% of the vote, defeating Republican Theodore R. Dalton and Independent C. Gilmer Brooks.

Personal life

Almond married Josephine Katherine Minter in 1925. He was a Lutheran and taught a men's bible class. He was a 32nd degree Mason, a Shriner, and a member of Alpha Kappa Psi and Omicron Delta Kappa.[11]

Death

Almond died on April 14, 1986 in Richmond, Virginia. He and his wife Josephine Minter Almond are buried in Evergreen Burial Park in Roanoke, Virginia, in her family's plot. The couple had no children, but had raised one of her nephews as their son.[12]

References

1. "J. Lindsay Almond". Biographical Directory of the United States Congress. Retrieved on 2009-9-28
2. James Lindsay Almond Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
3. Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
4. Heinemann, Ronald (1996). Harry Byrd of Virginia. Charlottesville: University of Virginia Press. p. 339. ISBN 0-8139-1642-9.
5. Heinemann pp. 348-349
6. Heinemann pp. 350-351
7. Heinemann pp. 407-409
8. Almond, J. Lindsay; Larry J. Hackman (1968-02-07). "J. Lindsay Almond Oral History Interview" (PDF). Oral History Project. John F. Kennedy Presidential Library and Museum. Archived from the original (PDF) on 2007-06-15. Retrieved 2006-08-17.
9. Heinemann, p. 410
10. James Lindsay Almond Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
11. Rich, Giles S. (1980). A brief history of the United States Court of Customs and Patent Appeals. Washington, D.C.: Published by authorization of Committee on the Bicentennial of Independence and the Constitution of the Judicial Conference of the United States : U.S. G.P.O.
12. "Education from LVA: J. Lindsay Almond Jr". edu.lva.virginia.gov.

Further reading

• Beagle, Ben, and Ozzie Osbourne. J. Lindsay Almond: Virginia's Reluctant Rebel (Full Court Press, 1984).
• Muse, Benjamin. Virginia's Massive Resistance (1961) online

Sources

• James Lindsay Almond Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

Party political offices
Preceded by Thomas B. Stanley	Democratic nominee for Governor of Virginia 1957	Succeeded by Albertis Harrison
U.S. House of Representatives
Preceded by Clifton A. Woodrum	Member of the United States House of Representatives from Virginia's 6th congressional district 1946–1948	Succeeded by Clarence G. Burton
Legal offices
Preceded by Harvey B. Apperson	Attorney General of Virginia 1948–1957	Succeeded by Kenneth Cartwright Patty
Preceded by Ambrose O'Connell	Associate Judge of the United States Court of Customs and Patent Appeals 1962–1973	Succeeded by Jack Miller
Political offices
Preceded by Thomas B. Stanley	Governor of Virginia 1958–1962	Succeeded by Albertis Harrison