Evening star., 1948-01-06
Arlington School
Issue Unsettled
byCourt Ruling
Old Board Expected
To Appeal; Decision
Will Take Months

Despite court ruling that Arling-
tons elected School Board Is consti-
tutional, the possibility was seen to-
day that the county's educational
system may continue under two
boards for several months.
The question appeared to hinge on
whether or not the old board, as
plaintiff. will appeal an opinion
handed down yesterday by Judge j.
Garland Jefferson.
Legal observers pointed out that
the plaintiff has four, months In
which to file petition for a writ of
error with the Virginia Supreme
Court Of Appeals.
Porter Has No Comment.
Harry w. Porter, principal plaintiff
in the suit which sought to continue
the appointed board in office after
January l, today had no comment
on the outcome of the case be-
cause he had not read Judge JET
ferson's decision.
It had been indicated previously,
however, that the losing side would
appeal.
Judge Jefferson declared he was
Of the opinion that the General As
sembly In providing for an elected
school board last year, amended the
County Manager Act of 1880.
II am of the opinion that after
passage of the act the General As
sembly could amend 1t in any way
that it originally could have en-
acted It," he said.
Classification In Act Cited.
The plaintiffs had argued that the
classification used in the 1947 act
(chapter 61) was arbitrary"
In this connection Judge Jefferson
declared:
IF the 1947 act had to stand by
itself and not be taken in connection
with the 1880 act under which the
county government of Arlington is
organized, I am of the opinion that
the classification would be arbitrary
and the act OF 1947 unconstitutional.
II am of the opinion, however,
that Chapter 81 has to be
considered in connection with the
act of 1880 y" = which it amends" I"
The, classification made in the 1880
act Is density Of population, 500 or
more inhabitants to the square mile.
Calls County Urban.
Arlington County is almost wholly
urban, in fact, although it has
county form of government" he
continued. 1T is claimed to have
a population of 100000 people, and
if it were city it would be the
third largest in the State. Naturally,
the problems of government would
be greatly different from sparsely
settled county. -
"It. would seem that there could
be no doubt that the classification
made in the 1880 act is reasonable
and appropriate, even though it may
apply only 70 Arlington County and
t1at THIS act Is constitutional"
The decision points out that un-
der Section ITO of the Constitution
the General Assembly may provide
for complete forms of county gov
ernment organization and govern
ment" different from that provided
in other sections of the Constitu-
ton.
The opinion states that the
County Manager Act of 1890 was
passed under the authority of that
section of the Constitution.
"As the schools are one of the
most important, if not the most i'm
portant, subject with which county
government has to deal, the General
Assembly could have provided that
the school trustees (board for the
counties coming under the pro-
visions of the 1880 act should be
elected by the people instead OF
providing, as it did do, that they
should be selected by the School
Trustee Electoral Board" the Judge
declared.
Judge Jefferson heard arguments
in the case last week He was ap-
pointed to hear the case after Circuit
Judge Walter T. Mccarthy dis
qualified himself.
The elected School Board was
represented by Edmund D. Camp
bell, former County Board member:
Frank L. Ball, sr., former State Sen
ator, and State Senator William D.
Medley, who sponsored the chal-