counsel's office noted, was
consistent with one construction of the secretary's memorandum but was
not the "inevitable interpretation" since it was the ball club and not
the Air Force recreational organization that discriminated.[20-46]
Another departmental lawyer warned that if the commander's
interpretation was sustained the department would next have to
prohibit welfare groups from selling unsubsidized tickets to events
where the seating or even perhaps the performers themselves were
segregated.[20-47]

[Footnote 20-45: Ltr, Hill to Runge, 26 Jul 61; Memo,
ASD (M) for SecAF, 25 Sep 61, sub: Purchase and
Sale of Baseball Tickets at Brookley AFB; both in
ASD (M) 353.8.]

[Footnote 20-46: Memo, R.C. Gilliat for Bartimo, 31
Jul 61, attached to Draft Ltr, Runge to Hill, ASD
(M) 353.8.]

[Footnote 20-47: Memo, RTA [Robert T. Andrews] for FAB
[Frank A. Bartimo], 1 Aug 61, ASD (M) 353.8.]

Yarmolinsky ignored such speculations, and on 4 August 1961 informed
special presidential assistant Dutton that the secretary's office
approved the base commander's action. Although the sale of tickets did
not technically violate Executive Order 10925, the department's
sponsorship and subsidy of segregated events, he said, "is, in our
opinion, not consonant with the clear intent of the President's
memorandum."[20-48] Yarmolinsky suggested the White House might want
to consider proposing to the ball club that the air base would resume
the sale of tickets if it could sell a block of unsegregated seats.
The White House reply was postponed until after the passage of the
foreign aid bill, but the Air Force eventually received notice to
proceed along these lines.[20-49]

[Footnote 20-48: Memo, Yarmolinsky for Dutton, 4 Aug
61, sub: President's Memorandum of 18 April 1961,
ASD (M) 291.2 (22 May 61).]

[Footnote 20-49: Note, signed, "MB," 16 Aug 61, sub:
Call From Virginia McGuire, attached to Draft Ltr,
ASD (M) to Sen. Hill; Memo, ASD (M) for SecAF, 25
Sep 61, sub: Purchase and Sale of Baseball Tickets
at Brookley AFB; both in ASD (M) 291.2 (22 May
61).]

On 19 June 1961 Deputy Secretary Gilpatric iss