Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-12-16
ArIingtonAwdifs
Judge
In School Suit
Green Requests Court
Sanction of Plan to
Assure Teacher Pay

Arlington County today awaited
appointment of judge in a suit
brought by its incumbent School
Board to retain control over the
county education system and to
block assumption of Office by
board elected in November.
The Virginia Supreme Court of
Appeals was called on yesterday to
designate substitute for Judge
Walter T. Mccarthy of Arlington
Circuit Court, who disqualified him.
self
The disqualification and a deci-
sion by Arlington Treasurer John
Locke Green to ask court sanction
for a plan assuring uninterrupted
pay OF county school personnel, were
principal developments in the con-
test yesterday. The court battle was
Joined Saturday when the incum-
bent board filed suit challenging the
constitutionality of new act under
which the defendants were elected.
Green to Seek Decree.
Mr.. Green said he would petition
Circuit Court for an interlocutory
decree authorizing him to pay school
salaries on receipt of proper drafts
of thu elected board.
The new board is scheduled to
assume office January l but the
incumbents, who have been serving
by appointment of the School
Trustee Electoral Board, announced
they intended to keep all records
and to continue functioning as the
official board. They are asking that
they be allowed to serve at least
until the expiration of their ap-
pointive terms.
Mr.. Green said an intervening
petition would be filed in his behalf
by Attorney Alfred w. Trueax. He
added that he : is acting because
school employees are under contracts
which run from the beginning of
the fiscal year and not from the
start of the calendar year or on
monthly basis.
Subversive Probe Asked.
Harley Williams, chairman of
the Arlington Better Government
League, which Endorsed the success
full candidates. issued a statement
in which he declared the House
Committee on Un-American Activi-
ties should investigate the sub
versive activity of the Virginia DO
Itical machine"
1t probably is no accident" said
Mr.. Williams, that the so-called
constitutional objection to the
elected School Board cited by ma
chine School Board Member Harry
w. Porter is the same one always
expressed by machine Senator-elect
Charles R. Fenwick at the mention
OF nonpartisan elections for Airing
tons County Board and School
Board"
Mr.. Fenwick, when asked tor
statement, declared:
AS long as Mr.. Williams attempts
to raise the bugaboo of machine
ism at every opportunity, I Will
comment in language that he should
understand.
He is on unsound ground be-
cause the law which now Is being
challenged was passed by members
OF what he calls a machine doml-
mated Legislature after being IN
troduced by Arlington's machine
delegation. One of these, State
Senator William D. Medley, is de-
Tending the validity of the law by
acting as counsel without compensa-
ton for the duly elected School
Board
Charges Attempt to BecI0ud Issue.
Mr.. Williams again makes an
obvious attempt to becloud an issue.
The voters have expressed their
wishes by electing a new School
Board and sail do everything pos
sibie to see that their wishes are
carried out, irrespective of the out
come of the litigation"
The Executive Committee of the
Citizens Committee for School I'm
provement last night challenged the
incumbent School Board to tell who
is behind the suit and who is pay
ing for its expense
B. Alden Lilywhite, Citizens Com
mlttee chairman, asserted this is
the very same School Board that a
few weeks ago offered its co-opera-
ton to the newly elected board"
He charged the suit is "a DELHI
crate attempt to throw a cloud on
the legality of the school improve
ment bond issue which was ap-
proved by voters in May"
Mr. Porter, only member of the
incumbent board who did not run
for election in November, said he
originated the suit and that other
members merely joined him. He said
he was not in a position to name
those who are paying the expenses.
School Supt. Fletcher Kemp re-
fused comment.
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