James Lindsay Almond Jr. (June 15, 1898 – April 14, 1986) was an American lawyer, state and federal judge and Democratic party politician. His political offices included as a member of the U.S. House of Representatives from Virginia's 6th congressional district (1946-1948), 26th Attorney General of Virginia (1948-1957) and the 58th Governor of Virginia (1958-1962). As a member of the

Byrd Organization The Byrd machine, or Byrd organization, was a political machine of the Democratic Party led by former Governor and U.S. Senator Harry F. Byrd (1887–1966) that dominated Virginia politics for much of the 20th century. From the 1890s until the l ...

, Almond initially supported

Massive resistance Massive resistance was a strategy declared by U.S. Senator Harry F. Byrd Sr. of Virginia and his brother-in-law James M. Thomson, who represented Alexandria in the Virginia General Assembly, to get the state's white politicians to pass laws and p ...

to the integration of public schools following the United States Supreme Court decisions in Brown v. Board of Education- however, when Virginia and federal courts ruled segregation unconstitutional, Almond 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), and after retiring, continued to serve as Senior Judge of the United States Court of Customs and Patent Appeals (1973-1982) and then Senior Judge of the United States Court of Appeals for the Federal Circuit from 1982, until his death in 1986.

Early life

Almond was born in Charlottesville, Virginia and raised in

Orange County Orange County most commonly refers to: *Orange County, California, part of the Los Angeles metropolitan area Orange County may also refer to: U.S. counties *Orange County, Florida, containing Orlando *Orange County, Indiana *Orange County, New ...

, 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, in his native Orange County, then became a high school principal, while also studying and earned a Bachelor of Laws from the

University of Virginia School of Law The University of Virginia School of Law (Virginia Law or UVA Law) is the law school of the University of Virginia, a public research university in Charlottesville, Virginia. It was founded in 1819 by Thomas Jefferson as part of his "academical v ...

in 1923.

Lawyer and state judge

Almond prosecuted criminals as assistant commonwealth attorney of Roanoke, Virginia from 1930 to 1933. During the

Great Depression The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...

, Virginia legislators elected him as a state court judge, and he served in the Hustings Court of Roanoke from 1933 to 1945. The Hustings Court handled family law matters as well as some misdemeanor offenses. In possibly his most famous case, discussed in Truevine, Judge Almond appointed what would today be called a guardian or conservator for two albino African-American men who had been abducted as children from their family's farm near Roanoke, and who toured as a sideshow attraction with the Ringling Brothers Circus for several years while only an unrelated White man received wages for them. Their mother recognized them in a photograph taken in Lincoln, Nebraska in 1936 and with the help of a local Virginia lawyer, secured both their release from the circus and damages, which unfortunately were mostly spent by their mother's second husband (who was shot during an adulterous affair). Later, they wished to return to the circus rather than stay unemployed at home, so at their and their lawyer's request, Judge Almond arranged for part of their salaries to be saved to support their retirement (four years before adoption of the Social Security Act), as well as to support their again-widowed mother, and enforced a similar arrangement when their manager took them touring with other circuses.

Political career

As World War II ended, Almond ran for Congress from Virginia's 6th congressional district. Elected to the United States House of Representatives, he served in the 79th and 80th Congresses. 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. Although not a favorite of United States Senator Harry F. Byrd, Almond had demonstrated loyalty to the

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 The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...

and had refused to endorse Almond for governor in 1953 so

Thomas B. Stanley Thomas Bahnson Stanley (July 16, 1890 – July 10, 1970) was an American politician, furniture manufacturer and Holstein cattle breeder. A Democrat and member of the Byrd Organization, Stanley served in a number of different political offices ...

was nominated and ultimately elected. By 1956, Byrd had announced the organization's policy of

massive resistance Massive resistance was a strategy declared by U.S. Senator Harry F. Byrd Sr. of Virginia and his brother-in-law James M. Thomson, who represented Alexandria in the Virginia General Assembly, to get the state's white politicians to pass laws and p ...

, 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 Kenneth Cartwright Patty (December 2, 1891 – March 27, 1967) was a Virginia lawyer who served as the 27th Attorney General of Virginia. Patty was an assistant attorney general before Governor Thomas Stanley appointed him after the resignatio ...

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 The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative ...

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 Theodore Roosevelt Dalton (July 3, 1901 – October 30, 1989) was a Virginia attorney and a United States district judge of the United States District Court for the Western District of Virginia. He was known as Virginia's "Mr. Republican." Ed ...

, 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 Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...

sent troops to enforce a desegregation order in Little Rock, Arkansas, over the opposition of its governor, Orval Faubus. Almond took office in January 1958 for a volatile term that ended in 1962. On January 19, 1959, the

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 James Jackson Kilpatrick (November 1, 1920 – August 15, 2010) was an American newspaper journalist, columnist, author, writer and grammarian. During the 1950s and early 1960s he was editor of ''The Richmond News Leader'' in Richmond, Virginia ...

, 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. Heeding the advice of several moderates within his own party, including Senator

Mosby Perrow Jr. Mosby Garland Perrow, Jr. (born March 5, 1909 – May 31, 1973) was a Virginia lawyer and state senator representing Lynchburg, Virginia . A champion of Virginia's public schools, Perrow became a key figure in Virginia's abandonment of " Massiv ...

, 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 Allie Edward Stakes Stephens, usually known as "A. E. S." or "Gi" Stephens (November 4, 1900 – June 9, 1973), was a Virginia lawyer and Democratic Party politician who served in both houses of the Virginia General Assembly and as the 27th lieu ...

, helped Perrow and

Stuart B. Carter Stuart Barns Carter (April 25. 1906 – June 12, 1983) was a Virginia lawyer, farmer and businessmen who also served as the Democratic legislator representing Botetourt and Craig Counties: first as a delegate in the Virginia General Assembly ...

of Fincastle, Virginia narrowly secure passage of bills which allowed localities to determine whether to desegregate their schools. 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 Segregation academies are private schools in the Southern United States that were founded in the mid-20th century by white parents to avoid having their children attend desegregated public schools. They were founded between 1954, when the U.S. ...

remained in effect until 1968 when the United States Supreme Court decided ''

Green v. County School Board of New Kent County ''Green v. County School Board of New Kent County'', 391 U.S. 430 (1968), was an important Supreme Court of the United States, United States Supreme Court case involving school desegregation. Specifically, the Court dealt with the Freedom of Choic ...

''. Thus, except for Prince Edward County, massive resistance had been transformed into passive resistance against school desegregation. However,

Harry F. Byrd Jr. Harry Flood Byrd Jr. (December 20, 1914 – July 30, 2013) was an American orchardist, newspaper publisher and politician. He served in the Senate of Virginia and then represented Virginia in the United States Senate, succeeding his father, Harry ...

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 Albertis Sydney Harrison Jr. (January 11, 1907 – January 23, 1995) was an American politician and jurist. A member of the Democratic Party (United States), Democratic Party associated with Virginia's Byrd Organization, he was the List of Governo ...

(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 Armistead Lloyd Boothe (September 23, 1907 – February 14, 1990) was a Virginia Democratic legislator representing Alexandria, Virginia: first as a delegate in the Virginia General Assembly and later as a State Senator from the newly create ...

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 Robert Young Button (November 2, 1899 – September 1, 1977) served two terms as Attorney General of Virginia, as well as a fifteen years as Virginia State Senator. Button rose through the ranks of the Byrd Organization and became one of its lea ...

being elected attorney general.

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. Byrd's vindictiveness toward Almond eventually undermined the

. 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.

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 1957 ( MCMLVII) was a common year starting on Tuesday of the Gregorian calendar, the 1957th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 957th year of the 2nd millennium, the 57th year of the 20th century, and the 8th y ...

; 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 Mason may refer to: Occupations * Mason, brick mason, or bricklayer, a craftsman who lays bricks to construct brickwork, or who lays any combination of stones, bricks, cinder blocks, or similar pieces * Stone mason, a craftsman in the stone-cut ...

, a

Shriner Shriners International, formally known as the Ancient Arabic Order of the Nobles of the Mystic Shrine (AAONMS), is an American Masonic society established in 1870 and is headquartered in Tampa, Florida. Shriners International describes itself ...

, and a member of

Alpha Kappa Psi Alpha Kappa Psi (, often stylized as AKPsi) is the oldest and largest business fraternity to current date. Also known as "AKPsi", the fraternity was founded on October 5, 1904, at New York University and was incorporated on May 20, 1905. It is cu ...

and

Omicron Delta Kappa Omicron Delta Kappa (), also known as The Circle and ODK, is one of the most prestigious honor societies in the United States with chapters at more than 300 college campuses. It was founded December 3, 1914, at Washington and Lee University in ...

Death

Almond died on April 14, 1986, in

Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, California, ...

, 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.

References

Sources

* {{DEFAULTSORT:Almond, J Lindsay 1898 births 1986 deaths American Lutherans United States Army personnel of World War I Democratic Party governors of Virginia Judges of the United States Court of Appeals for the Federal Circuit Judges of the United States Court of Customs and Patent Appeals Politicians from Charlottesville, Virginia United States federal judges appointed by John F. Kennedy University of Virginia School of Law alumni Virginia Attorneys General Democratic Party members of the United States House of Representatives from Virginia Virginia lawyers Virginia state court judges 20th-century American politicians 20th-century American lawyers 20th-century American judges United States Army soldiers