Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1915-07-01
BIRRELL LOSES SEAT.
No Longer Member of General AS
sembIy Says Richmond Paper.

Hon. J. Fred Birrell, Of this city, is
} no longer a member of the General
Assembly of Virginia, if the conten-
ton of the Richmond Times-Dispatch,
is true. The Times-Dispatch in to-
days issue says:
! 81. Fred Brrell, member of the
House Of Delegates from Alexandria,
! has been in the employ of the Federal
government for more than month
and. under the law. his seat is auto
matically vacated.
"Mr. Birrell is special agent of
the Internal Revenue Department,
serving under Collector of lnterna!
Revenue Moncure. He is not candi-
date for reelection to The House, but
the fact that he did not tender his
resignation to the Governor has oc-
! casioned some comment. In the event
! of special session being called,
! Alexandria would be without repre-
| sentation in the lower branch of the
1 Legislature. Friends of Mr.. Birrell
| explain that no such contingency is
anticipated. and that his failure TO
send in his resignation is immaterial
| for that reason"
If it is fact that Mr. B:rrell is in
the employe of Uncle Sam, as claimed
by the Dispatch, he has lost his po-
! sition in the legislature, for the Vir,
ginia law is explicit on this subject.
! the sections of the code applying to
this case being as follows:
"Sec. 163.-No person shall be
capable of holding any office or post
mentioned in the preceding section.
(of honor, profit or trust under the
Constitution of Virginia) who holds
any Office or post or profit, trust or
emolument, civil or military, legisla
tive, executive, or judicial, under the
government of the United States. OF
| who is in the employment Of such
government, or who receives from it
in any way emOlument whatever; ans!
the acceptance of any such office.
| post, trust or emOlument, or the ac-
| ceptance of any emolument whatever
! under such government, shall. ipso
facto, vacate any Office, or post o.
! profit, trust, or emnlument under
/ the .gnv"":!r.cn. .c fk;r .:ar5,:r.
wealth. or under any county, city. or
! town thereof.
"Section 164. The preceding sec
ton shall not be construed 10 pre-
vent members of Congress from act.
ing as justices of the peace. visitor&
of the University qf Virginia and
Virginia Military Institute. or from
holding Office in the militia or to ex
! clude from office under the State Oh
account of any pension from the
! United States person to whom SucI!
pension has been granted in con.
sequence of Il wound .recei,ed il
war, or to exclude from such office o.
! post militia officers or soldiers on ac-
count Of the recompcnse they may
receive from the United States wheE
called out in actual duty; or to be
construed to prevent United State
/ sus enumerators or fourth class o.
| third class postmasterS from acting
as notarieS, OF school trustees OF
| justices of the peace, or supervisor
or from holding any district office un-
der the government Of any county,
or as councilman Of any town or city
in this State; or to prevent any Unit
ed States commissioner from holding
| the office Of commissioner in cham
Gerry, bail commissioned, jury com
missioner, commissioner Of account;
on assistant commissioner Of ac-
counts; or to prevent any person hold
! ing An office or post Of profit, trust
or emolument, civil, legislative, exc
cutive or judicial under the govern
ment of the United States, from be-
ing a member of the militia or hold
ing office therein; or to be construed
to prevent foreman, quartermen, lead
ing men, artisans, clerks or laborerS
employed in any navy yard or naval
reservation in Virginia from holding
any Office under the government OF
any town, county or city in this State
~ to prevent any United States gov
ernment clerk from holding any OF.
fee under; the government of any
town or city in this State; or to pre-.
vent any United States postmaster
from being a member of the STATE
board Of health, and the Office of NJ
member of the state board of health
who has been or may be appointed :