Evening star., 1946-01-23
Court Merger
For Alexandra
Hits Legal Snag
JudicioI Residence
CIouse Apparently
Bors Proposal
BY ALEX r. PRESTON,
Star Staff Correspondent

Bors Proposal
BY ALEX r. PRESTON,
Star Staff Correspondent.
RICHMOND, Va, Jan. 23-Pro-
posed legislation to reduce the num-
Der of Virginia circuits, which would
abolish the Circuit Court In Alex
andria and make the judge of the
Arlington Circuit Court ex-officio
judge Of Alexandria Corporation
Court, appeared headed for consti-
tutional hazards today.
Delegate Stuart B. Campbell Of
Wythe County, head Of a special
General Assembly commission study
Ing the administration of justice in
the State, pointed to existing con-
stitutional limitations that prohibit
the application to Arlington and
Alexandria of plan to reduce the
States Circuit Courts from IS to %.
Under the proposal, both the Alex
andria Circuit Court and the posi-
ton Of judge of the Alexandria Cor
poration Court would be abolished.
The Arlington Circuit Court Judge
then would serve as ex-officio judge
Of the Corporation Court.
Calls Plan Impossible.
The plan is impossible now, Mr..
Campbell said, because the State
constitution requires the Circuit
Court judge to reside within his
circuit and the Corporation Court
judge to reside within the bound
aries of the city embraced by his
court.
1t is obvious. Mr.. Campbell point
ed out, that if Alexandria's Circuit
Court, now presided over by Judge
Paul E. Brown, Fairfax, is abol-
ished, then Arlington Circuit Judge
Walter T. Mccarthy will not qualify
as resident of Alexandra. Also
Judge William p Woolls of the Alex
andria Corporation Court cannot re-
main in Alexandria and qualify as
circuit judge for Arlington.
Discussing another phase of his
commissions study, Mr.. Campbell
conceded that the population figures
on which the proposed new circuits
were set up probably were mac
curate as applied to Arlington, Alex
andria and Fairfax. His plan sought
to establish new circuits with an
average population of 10000 each.
Based on the 1910 census his report
shows a total poulation for Arling-
ton and Alexandria amounting to
only 90,563, whereas officials of both
areas have produced assessment rec
ords, ration figures and other data
indicating the combined population
now is well over 100000. Mr.. Camp
bell said he personally would be
agreeable to an alteration of the
plan to meet the situation fairly.
Way Open to Candidates.
Another development affecting
Alexandra proposed legislation de-
signed to freeze the number of can
didates who already have filed for
election to public offices in the city.
has been ruled unconstitutional by
Attorney General A. P. Staples, thus
paving the way for probable filing
Of additional candidates in that city.
Senator Andrew W. Clarke, Alex
andria, Fairfax and Prince William,
said he was powerless to provide an
amendment to pending legislation
that would have had the effect of
retaining the December filing
deadline for Alexandria contests.
The so-called Hopkins bill, to re-
establish local primaries on the first
Tuesday in April and filing dead
lines to go days in advance of the
primaries, was unanimously report
ed out of the Senate Privileges and
Elections Committee yesterday. It
was pushed through the House and
final Senate approval is probable
today.
The measure is designed to meet
an emergency existing in Richmond,
Roanoke and other Virginia mu-
inequalities where officials, through
an oversight, failed to prepare for
local elections in accordance with
provisions of the War Voters Act.
passed at the special session of the
Assembly in 1945.
l8 Already in Lists.
Alexandria and Charlottesville
election officials were aware of the
1945 law which established the filing
deadline on December 4. BY that
time l8 candidates had filed for nine
seats on the Alexandria City Coun-
Gil and the city attorney and tax
collector were unopposed.
Senator Clarke said he was told by
Mr.. Staples that the State constitu-
tion would be violated if any elec-
ton law specifically directed to one
locality was enacted.
Yesterday the House passed. 70 to
l, Mr.. Campbell's House joint reso-
luton calling for a constitutional
amendment to permit localities or
the State to tax Federal properties
with the consent of the United
States. The resolution was approved
in 1914 and if passed by the Senate
this session will be submitted to the
voters. Mr.. Campbell explained
properties on which the United
States has indicated a willingness to
pay taxes are those owned by Gov
ernment corporations.
The House General Laws Com
mittee reported bill by Delegates
Paul Crockett, Yorktown, and D.
French Slaughter, Culpeper, to end
liquor rationing, but amended it
so as to make the effective date
May / instead of February l, as
originally proposed.
This action followed a hearing
during which r. NICK. Burlington.
chairman Of the ABC Board, indi-
Gated rationing probably would
cease May Is, but opposed any leg
islation to end such restrictive
sales.
Delegate John B. Spiers of Rad
ford. introduced a bill to give the
localities an additional $500 900 from
the net profits of the State Alcoholic
Beverage Control system. The mea-
sure would provide for the splitting
OF all ABC profits on the basis of
one-third to the State and two
thirds to the localities. instead of
the present method of the State re-
serving the first $750, 1000 before any