Evening star., 1942-03-08
Redistricting.
Measure'sFaie.
Still in Doubt
Virginia Assembly
Faces Lost Week
OF Session
BY ALEXANDER r. PRESTON.
Star Stan Correspondent.

obdA othA SOitcopOuucnJ
RICHMOND, Va, March THE
General Assembly faces the final
week of the 1942 session with the
fate Of the controversial reappor-
tionment bill still in doubt.
The procedure to be followed
in attempting to restore a pro-
posed second delegate for Arlington
County and bring the House dis
rrict changes back more nearly in
line with a legislative commissions
recommendations on reapportion-
ment was indicated today by the
absence of action by the House of
Delegates. Today was the last day
in which the House could consider
its own bills, including the bill to
redlstrict House seats, which was
recommitted to the Privileges and
Elections Committee yesterday.
Provisions of the House bill can
now only be incorporated in the
form of amendments to a bill to
redlstrict Senate seats which has
already passed the upper branch
and is pending before the House
Privileges and Election Committee.
Changes Predicted.
A member of the committee, who
asked anonymity, said the Senate
amended bill, with few changes
affecting Senate districts and about
six or seven" changes from the
legislative commission's report af-
fectlng House districts. probably
Will be reported Monday or Tues
day. Assurance was given that
Arlington would retain its own SEN
ator, as provided in the Senate bill.
and would be listed to receive a
second delegate as proposed by the
commission. Recommital of the
House bill Friday barely saved it.
At that time the measure carried
amendments by Delegate Emmett
H. Poindexter of Louisa County
which made even more dispropor-
tlonate the House representation
based on population of urban and
rural areas. Last night and again
this morning the Privileges and
Elections Committee continued to
work with the bill
On the Senate side, Senator
Hundson Cary of Henrico County
introduced a bill which not only
would affect Arlington County, but
focused attention on the signifi-
canoe to that community of a State
Supreme Court of Appeals decision
handed down Monday.
Sapafo paecnS C,~-,s D:py
He described his bill as emer-
gency legislation designed to correct
an unconstitutional provision of the
present law and the Senate passed
his bill unanimously.
The Supreme Court held uncon-
stltutional an act vesting in the
governing bodies of counties ada
cent to cities Of 125000 population
or more powers to enact ordinances
similar to powers granted the coun-
ellis of cities and towns of the State.
providing such ordinances were
submitted to the judge of the Cir
cult Court for a determination Of
necessity.
The purpose of the existing law
w "a C'AAS SOFC l4AlIs DOOlCS OI
counties adjacent to large cities the
power to pass ordinances to meet the
requirements of an urban comuu-
nifty as is granted to Virginia cities
and towns.
The court ruled, however, that this
procedure delegated unconstitution-
al power to the judiciary.
Ruling Affects Arlington.
Arlington County is among the
jurisdictions affected by the ruling.
The implications of the court de-
cision may affect the validity of the
recently enacted bicycle ordinance
in Arlington, observers declare.
Senator Cary's bill seeks to amend
the present law so as to strike out
the requirement that local ordi-
nances be submitted to the circuit
judge for approval. The sponsor
believes the amended law will meet
constitutional objections raised by
the court.
The courts ruling was issued in
the action-of w. j. Candy against
the Board of Supervisors of Eliza
beth City County.
commemorative Attorney M. A.
Cogbill of Chesterfield County, an
other of the jurisdictions affected,
said he believed all ordinances en-
acted by county governing bodies
In accordance with the provisions
Of the unconstitutional act, would
be placed in jeopardy and open to
contest in the courts. It would be
necessary for the governing bodies
to again pass all such ordinances
after the Cary bill is enacted in
order to insure their validity, he
believes. He pointed out, however,
that no renewed action would be
necessary on other county ordi-
nanceS which have been passed as
authorized by other sections of the
general law.
House Approves 65 Bills.
Meanwhile, the House meeting
two hours early, passed 65 of its
own bills including legislation by
Delegate Charles r. Fenwick of
Arlington County to incorporate
that county as city.
Delegate Robert J. McCandlish,
jr.. of Fairfax County moved to sus-
pend the rules and the House passed
his bill providing for a uniform
school levy in the town of Falls
Church with the rest of the Falls
Church magesterial district.
Other bills passed included:
A bill by Delegates William l. Glib
son of Fredericksburg Maurice D.
Rosenberg of Alexandria and c. G.
Quesenbery of Waynesboro and
others. placing more stringent regu-
lations on small loan companies.
A bill by Burnette Miller. jr.. Of
Culpeper, Mr.. Rosenberg, and others,
establishing a personnel and ad-
vancement on merit system, for
State employees. 5t-g~s
A bill by Mr. McCandlish, Edgar
r. Conner of Prince William County,
amended by Mr.. Fenwick. providing
for police appointment for indef1-
mite terms in the home counties Of
the three sponsors.