Evening star., 1934-05-30
BOARD
FACES BATTLE ON
CUSTER UPHEAVAL
Garnett and Smith Assert
They Will Not Give Up
Without Struggle.
ELIMINATION OF LONG
SEWER CONTRACT TILT
Former Members Refuse Definite
Statement of Plans, but
Confer on Move.
By STAFF Correspondent of The Star.


of the County Board-Christopher B
Garnett and Benjamin NJ. Smith
conferred on the various phases OF
Virginia law under which vacancies on
local governing bodies are filled. Both
refused to make any statement, but
indicated they had no intention of re-
linquishing their posts without a
struggle.
The bitter controversy between
Garnett and Smith on the one side
and Chairman Lyman M. Kelley, Mrs
Elizabeth Magruder and Harry A
Fellows on the other, came to a dra-
matte climax yesterday afternoon when
meeting that had been adjourned
from the regular morning hour was
opened. when Kelley declared the po-
sitions vacant. An investigation con.
Quoted by him, he said, had convinced
him that Garnett and Smith were lille
gally appointed by Circuit Judge
Walter T. Mccarthy.
Indicating the careful manner in
which the case had been worked ur
by the three elected members, the
Kelley statement was followed by the
introduction by the other two men,
bers of series of typewriter reso-
lutions, all Of which were "unani-
mously" adopted by the three remain.
ing members.
Campbell and May Present.
The first Of these confirmed tn,
ruling Of the chairman, the secone
proposed that the board proceed i'm.
mediately to fill the two vacancies
the third that Edmund D. Campbell
and Joseph L. May be elected to fl
the places, and the fourth that, since
both Campbell and May were pres.
ent, they be sworn in and take theil
places at the table.
In support Of his ruling that Gar.
nett and Smith were illegally ap-
pointed, Kelley read a letter from At.
torney General A. P. Staples in which
he gave formal opinion substantial.
ing the claims of the board chairman
The basis of the contention wa:
that under the general law the Coun-
ty Board of Arlington County is given
all the rights of the councils of cities
Another statute set forth that va
cancies occurring in city councils shall
be filled by the council itself.
Kelley Told His DUTY"
In a later conference, Kelley said
he was informed by the attorney gen.
eral that it was the duty of the
former to correct these illegal acts
by declaring the Garnett and Smith
posts to be vacant. This opinion ha.
been confirmed, Kelley said, BY
Thompson, Wood and Hoffman, thu
attorneys who passed upon the sewer
bond issue, and by the legal division
of the Public Works Administration
Garnett and Smith were appointed
by Judge Mccarthy to fill the vacan-
cies caused by the designations o1
Fred A. Gosnell and John C. Gall
under the terms of the county govern
ment act.
Following the election of the two
members yesterday, they accompanied
Chairman Kelley to the Office OF
County Clerk John A. Petty, where
they expected to take the oath OF
office. Petty, however, refused to ad-
minister the oath until he had ar
opportunity to confer with Judge Nc
Carthy, who was absent, so they we're
first sworn in by Homer Randolph
Thomas, commissioner of chancery
and then by Chairman Kelley him
self.
Prominent in Legal Circles.
One of the ousted members, Garnett
has long been prominent in legal cir
cles in the State, having served as
chairman of the State Corporation
Commission, assistant attorney gen.
eral and counsel for the State Tax
Commission. He is brother of Les
lie c. Garnett, United States attorney
for the District of Columbia. Smith
is native of the county.
Campbell, one of the newly elected
members, is an attorney with Offices
in Washington and is chairman of the
semi-official Public Utilities Commis-
sion of Arlington County. He moved
to the county in 1926 and makes his
residence in East Falls Church. May,
the other new member, has conducted
a business in Cherrydale for many
years.
Garnett was absent when the mat
ter was brought up yesterday, but
Smith, who was present, retired from
the table as soon as the board had
confirmed Kelley's declaration that
the vacancies existed.
Commonwealth Attorney Lawrence
w. Douglas, who ruled on the legality
of the appointment originally, refused
to make any comment today, other
than that he still held to his original
ruling. He expressed the belief that
nothing definite would be done today
because of the holiday.
Sewer Behind Disagreement.
Differences between the members
have mostly centered around the pro-
posed $2,500,000 sewer bond issue and
the manner in which the money is
to be spent, Garnett and Smith vot-
ing together on every question.
A minimum of routine business was
transacted at yesterdays meeting.
Total expenditures of $l4,892.4 40
were approved, specifications for the
Long Branch sewer and the proposed
county building code were presented,
and the board heard Mrs. Alice
Semones, chairman of special COM
mittee of the Jefferson Civic League,
protest against the continued opera
ton of burning dumps in the county.
The board adopted an ordinance
limiting the sale and explosion of
fireworks to the first, second, third.
fourth and fifth Of July and prohibit
ing the firing Of any fireworks from
automobiles. It also makes the use
Of fireworks between midnight and
o'clock In the morning illegal.