Daily press. [volume] (Newport News, Va.) 1896-current, 1908-03-15
60. Friend Says One Aggr|sved
Man Is Behind The
Proceedings.
JUDGE BARHAM RESERVES DECISION
Contention of Petition Is That State
Law Prohibits Members of General
Assembly From Holding Office as
Trossee-Arsumcn, in Quo Warrant
Proceedinso by Council.

IA In the Corporation Cour, ycstcr.
DAY Judge Barhum heard argument IN
quo warranto proceedings against
Hon. w. Il. Barrett. the object being
- TO Gust Mr.. Barrett from his position
rs member OF The board OF school
trustees. The court took the mat.
Ter under advisemcnt and will rem
der Il decision later,
Mcssrs. Ashby & Read are counsel
Tor the prosecution of the proceed.
tngs, which were instituted in the
name of COMMONWEALTH Attorney
I clarence w. Robinson. according to
law. Col. j, w. Friend appeared ms
counsel for Mr. Barrett.
These proceedings wcro instituted
several months ago. about the time
s Mr.. Barrett was elected TO represent
newport News in the Virginia House
of Delegates,
Grounds For Petition
The petition sots forth that II Is
Illegal for Mr. Barrett to hold his of.
lice ms school trustee while acting ,ns
y member OF the general assembly.
and asks that his seat he vacated and
MS acts as Il member of the board he
ueciared null and void. Two grounds
ior INC proceedings were given and
z elaborated upon by the attorneys. In
me iirst place II was contcndcd that
secIon lb3Siof the ViretnlWcodc says.
NO Federal or State officer, no mem :
pertut inc council or any officer thcrc-
oi, uuring his term OF Office or for
one year thereafter, or city treasurer.
snali be chosen or allowed to act as
district school trustee 1t was fur
s lher held that, even II this statute were
I not IN existence, the offices of schoo,
trnstoc and member of the assembly
are Incompatible.
MIR. Earrett's Position.
Mir. Barrett's counsel commended
that n school trustee Is NOT n ,.stntc
oihcer' as contemplated by the stni.
ute, and that even II the statute did
5 contemplate member of the assem-.
ply, tho restriction Is unconstltution.
az. The constitution says that all
qualified voters shall be eligible for
election as school trustees but that
various specified officers shall not he
allowed to hold Office MS trustees.
Members of the general assembly are
not mentioned In the CONSTITUTIONS,
restricting clause. and ii was con
tended that the statute cannot 20 fnr.
ther than the constitution.
One Man Behind Proceedings.
Discussing the matter last ni.h,
With representative of The Daily
Press. Col. Friend declared that there
was Just one man behind the pro.
ceeuings against Mr.. Barrett. AMI Inn,
the man In question wanted 10 GUST
Mr.. Barrett because of certain ne.
ion of the latter in his capacity as
school trustee.
The man referred to is Mr.. p. -
Hidden. Tho action TO which Mr.
Hidden is ALLEGED to have taken rx-
ception was the failure OF the school
board to re-e,oct relative of his
as a teacher in the public schools.
MI Barrett and other members of
The board voted against the re-clcc.
lion OF the teacher in question. after
the superintendent of schools had
( recommended such action
Mr. Ashby said to Daily press
representative last night that no ana
Mr. Read were employed to conduct
the proceedings against Mr.. Barrett
& by Mr.. Hidden. lat that their client was
mot. by any means, thee only man in
town who wanted. to see Mr.. Barret.
oustei.
Il -