Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-12-15
Ar|ingtontoSto
Paying Draftsfor
Old School Unit
Green Will Recognize
Newly Elected Board
Officially After jan. !
By Robert c. RoIIinqs

today that he will honor drafts
OF the countys elected School
Board after January l and will
not recognize any drafts issued
by the incumbent board, whose
members have declared they will
continue in office, refusing to
turn over records and books to
the new board.
Mr.. Green said he will recognize
the new board If it organizes as
provided by law.
Members of the old board on Sat-
urday brought suit in Circuit Court
in an effort to continue in Office
after January /, the date on which
the county's first popularity elected
board is scheduled to take over.
Despite the legal action, the new
board has announced that it will
organize as originally planned prior
to Saturdays surprise move.
Counsel Volunteers Service.
Meanwhile, it was announced that
Edmund D. Campbell, former Coun-
ty Board chairman; State Senator
William D. Medley and Frank l..
Ball, ST., former State Senator and
Commemorative attorney, have
agreed to serve as counsel for the
new board without compensation.
They held an informal confer
ence with Circuit Judge Walter T.
Mccarthy prior to opening of court
this morning. No formal action
resulted, it was learned, because of
a technicality involving the return
of service in the suit. This had not
been done today. Five days are
allowed for the return.
The attorneys had no comment on
their discussions with Judge Nc
Carthy.
Copies Of the suit served on
members of the new board Satur-
day Immediately after they had
taken their oaths of Office before the
clerk OF the court, stated that the
plaintiffs will ask the court on or
about January IL to grant a declara-
tory judgement continuing them
in office until their terms expire.
Act Called Unconstitutional.
The suit asserts that the act Of
the General Assembly which auth
orized referendum on the method
of selecting the School Board and
the resulting election is unconsti-
tutional because 1t is a local or
special law providing for elections
In one place and not in another.
Plaintiffs are Harry w. Porter,
the. only member of the incumbent
board who did not run for election
in November; William Montgomery
Smith, Mrs. Lucy G. Bussey, John
M. Stewart and Ernest c. Belts, jr.
Defendants are Barnard C. Joy,
Mrs. Elizabeth Campbell, Colin C.
Macpherson, o. Glenn Stahl and
Curtis E. Tuthill.
Mr.. Green's statement means that
bills contracted by the school board,
including salaries of teachers and
other employees, will be paid. Checks
drawn for such expenses are signed
only by the treasurer or one OF his
deputies.
A draft or check covering the en-
tire sum of the school boards
monthly expenditures, however, is
signed by the chairman of the board
and presented to the treasurer's Of
flee as Mr.. Green's authority to is
sue the individual checks.
Observers pointed out that the
new board can organized and set
up its own books even If the incum-
bent board refuses to turn over
records.
Mrs. Brown Censures Action.
A former president of the County
Council Of Parent-Teacher Asso-
Citations, Mrs. Art Brown, wife of
an associate editor of Nations
Business, today issued the follow
ing statement:
1T Is natural that the present
board members did not like to be
defeated at the polls, but 1t is
evident that they are not sincere
in their doubt of the constitution
atty Of the law permitting a popu-
lar election of School Board mem
bers in Arlington.
II they we're actually sincere in
their doubt Of the soundness of
the new law, why did four of them
submit their names for election
to the board under the provision
of this new Statute?"
Mrs. Brown last night sent let
tiers to the five incumbent members
asking them to withdraw the suit,
She wrote them that only by with
drawal can the present members
convince their friends and neigh
bors that they actually have at
heart the best interests of the
schools of the county,"
Defense Fund Planned.
Mr.. Porter said Saturday that the
suit probably could not reach
the Virginia Supreme Court of Ap-
peals before March or April. Neither
side is expected to take the decision
OF the circuit court as final but law
yers say that both sides would have
to abide by it until the matter is
finally settled.
B. Alden Lilywhite, chairman of
the Citizens Committee for School
Improvement, organization of 1,40O
Arlingtonians which pressed for the
legislation permitting the change in
method of selecting the school
board, announced today that the
Executive Committee will meet to-
night to discuss raising Of a de-
tense fund for the suit. Even
though there will be no attorneys
fees there will be other expenses,
Mr.. Lilywhite said.
Under the School Trustee Elec-
toral Board system. which was
abolished by the challenged legisla-
ton, members of the school board
were appointed for three year terms.
Members Of the incumbent board,
therefore, contend their terms run
until the end of such appointments.
The suit lists these terms as June
80, 1913, for Mrs. Bussey and Stew
art; June 80, 1919, for Mr.. Smith;
June 80, 1850, for Mr.. Porter. and