Evening star., 1947-12-30

and declared some way" should be
worked out to insure that school en-
ployes receive their salaries and
that fuel and other bills are paid.
Dual Signing Advised.
Judge Jefferson said he believed
the best way to settle the matter
would be to have the chairmen and
clerks of both boards, instead of
one, sign the warrants authorizing
County Treasurer John Locke Green
to issue checks in payment of obli-
cations.
Mr.. Green told the court he has
to honor more han 100000 in war
rants for payment of salaries every
month, and Il want some protec-
ton" The treasurer, through At
torney Alfred w. Trueax, had filed
an interpleader asking that the
new board be designated to issue
the warrants.
The order, as finally drawn and
consented to by all parties, con-
tains the provisions suggested by
Judge jefferson, plus stipulations
that the treasurer SIS not bound
to honor warrants for salaries OF
expenses of the members of the
boards and that the respective !
school boards shall have equal &C
cess to all records and documents
pertaining to the performance of
their duties, pending final action
of this court"
Suit Filed December II.
When the suit was filed on De-
cember II. Harry W. Porter, the
one incumbent member who did
not run for election, and who took
full responsibility for the legal ac
ton. declared the old board would
not vacate the Office nor would it
turn over any books or records to
the elected board. In his first
statement since the suit was filed,
Schools Supt. Fletcher Kemp last
Saturday announced he would sup
port the elected board
The new board will organize at
its first meeting at s pm. Friday
in the James Monroe School.
After Judge jefferson gives his
decision. another order covering
financial arrangements will be
necessary, court observers said, be-
cause the losing side undoubtedly
will appeal to the Virginia Supreme
Court and the case will not be
finally settled until that body passes
on it.
1t was estimated that it will take
from one to three months to get
the case before the high court.
Some observers predicted, however
the court Will take judicial notice
of the situation caused by the litiga
ton and hand down a decision as
soon as possible after receiving the
case.
Act Provided Referendum.
The challenged legislation was
passed at the l947 session of the
General Assembly and provided for
a referendum on the method of Sc
lecting the School Board as we'll as
the elections themselves, should the
voters decide on that method. The
referendum was held May 27 and
the board was elected November A. |
The plaintiffs contend the legis- |
lation-chapter 81 of the Acts OF
1947-is "a local or special law and
is unconstitutional because it vio-
lates sections SO and "a of the Con- i
stitution of Virginia, in that it pro-
vides for conducting elections in
one locality but not in any other
locality"
Representing the defendants were
Edmund D. Campbell. former Coun-
ty Board member; Frank L. Ball, |
ST., former State Senator and COM
monwealth's attorney, and State
Senator William D. Medley, who
sponsored the legislation in dues-
ton. Attorneys for the plaintiffs
were George E. Allen and Ralph T.
Catterall, both of Richmond The
county government was represented
by Commemorative Attorney Law
renee w. Douglas and Denman T.
Rucker, commemorative attorney