Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-07
NEW ARLINGTON
BOARD IS UPHELD
Hugh Reid, Author, Says Bill
Carefully Examined to
Assure Legality.
BY JACK ALLEN,
Stad Correspondent Of The Star.


ARLINGTON COUNTY COURT
HOUSE, Va, September Hugh A.
Reid, member of the House of Delegates
from Arlington County for the past two
terms, who engineered the passage
through the General Assembly of Vir-
ginia of a bill, providing for a change
in the plan of local government, de-
Clered in an interview here today that,
in his opinion, the new government IS
entirely constitutional and that the
electoral board acted properly in reject
ing the names of candidates for ofaces
due to be abolished when the new form
becomes effective January /.
Striving to set at right the public
misapprehension of the county mana
ger-commiSsioner plan that followed the
announcement last week OF Crandal
Mackey, former commemorative attor-
ney, that he would seek to have the
commissioner plan set aside by the
courts on the grounds that 1t was I'M
constitutional. Reid asserted that elabo-
rate precautions were taken to guard
against any unconstitutionality when
the bill was being prepared.
Constitution Is Quoted.
It is the claim Of Mackey that the
manager commissioner form of govern
ment is not constitutional because it
calls for adjustment of the three
nlagisterial districts. "All the Consti-
tuition says about this" Reid explained,
lis that 'magiSterial districts shall,
until changed by Law, remain as now
constituted and that no new districts
shall be made containing less than 81
square miles,"
The same article of the Constitution
also says in effect that the General As
sembly may disregard all provisions OF
the article of the Constitution on the
organization and government OF the
counties, provided it does so by general
act and that the changes are adopted
by popular vote" Raid continued. las
far as abolishment of the Offices of con-
stable and overseer Of the poor are con-
cerned, they are not mentioned in the
Constitution"
Part Of State Code.
Reid asserted that allegations that
the bin is also unconstitutional because
it was special act, are unfounded. 1t
Is not a special act but Is a part of the
code of Virginia, he said, and the
validity of the classification upon which
it Is based has been upheld time and
again by the courts to be general.
Let me state the precautions taken
to insure the constitutionality of the
BILL Reid asked. The bill was first
drawn by myself and then carefully ex-
amined by State Senator Frank L. Ball.
a member of the bar. AS a result OF
Our numerous conferences at which the
constitutional questions were carefully
thought out, in so far as we were ca
pable of considering them, the then ex-
listing sketch of the bill was submitted
to the Legislative Drafting Bureau Of
the General Assembly, which is COM
81 Re fNr IN Ni0I "a
of advising the members of the General
Assembly as to the proper construction
Of bills and resolutions.
Bill Also Approved.
1.-THE final draft was then submitted
to Leon BaZile. assistant attorney gen.
eral of Virginia, an eminent authority
upon constitutional law, who has since
retired from the service of the State and
is now member of one of the largest
law firms in Richmond. The bill, in
accordance with the usual custom, was
approved by the attorney general, prior
to the signature of the Governor, after
passage by the General Assembly.
In addition to these steps the bill
was discussed with C. H. Morrisett, who
had taken leading part in the revision
Of our present code and who. was
thought to be SO eminently fitted for
the Court of Appeals that large num-
Der Of members of the General AS
sembly voted for him at time when
he was not even a candidate. Elab-
crate precautions, therefore, were taken
to guard against any uncopstitution-
atty. My confidence in its constitu-
tionality, therefore, rests not only upon
my own views but upon those of several
eminent lawyers, including my distin-
guished colleague, Senator Ball"