Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-03-13
NewA|exandria
Takes
Dispute on Legality
Of Appointment Of
Marshall Persists

Marshall Persists
Robert S. Marshall, jr., will take
Office as city manager of Alex.
andria Tuesday even though a dis
pute over the legality of his ap-
pointment was not settled at q
special city council meeting yes
terday.
Councilmen who supported Mr..
Marshall planned to make his ap-
pointment legally alright yester-
day. but they found technicalities
in the city law which prevented
immediate action. The special
meeting lasted only two and one
half minutes.
City Attorney Joseph M. Pan
coast said Mr.. Marshall will be
city manager when he takes the
oath of Office. He implied that
court action was the only proper
way to question the appointment.
Legality Questioned.
The legality of Mr.. Marshall's
appointment was questioned FRI
day by Councilmen John w. Tul-
loch, Leroy S. Bendheim and Roy
C. Bragg. who opposed the dis
missal of City Manager Nicholas
Colasanto and the appointment Of
Mr.. Marshall. They cited ordi-
nance $50, which sets forth the
method of hiring a manager. The
ordinance was not complied with.
they said.
Mayor William T. Wilkins called
yesterdays special meeting for
two purposes-to consider the re-
peal Of ordinance 480 and to give
further consideration to Mr.. Mar
shall's appointment. When the
meeting opened, Councilman r.
Samuel Luckett said circun1-
stances made it impossible to act
on the matters for which the
meeting was called. He then
moved that the meeting adjourn.
Afterwards, Mr.. Luckett ex-
planned a resolution had been
found in the council minutes re-
quiring six days written notice
before repeating an ordinance.
Only one days notice was given
of yesterdays meeting.
Has Two Alternatives.
Council now has two ways Of
Strengthening out Mr.. Marshall's
appointment. Another special
meeting may be called for the
threefold purpose of repeating the
"six-day" resolution, repeating
ordinance 40 and reappointing
Mr.. Marshall. The other way is
to comply with the six-day re-
quirement, then repeal the ordi-
nance 48o and reappoint Mr.. Mar
shall.
Lawyers who attended the short
meeting yesterday said they be-
lieved anyone could question the
legality of any act performed by
Mr.. Marshall as city manager I'M
til his appointment is made ac-
cording to law.
Councilmen Bendheim and
Bragg who opposed the appoint
ment said they did not plan to
take the matter to court.
This is a matter to be decided
in the ballot box" Mr.. Bendheim
said. He criticized the contem-
plated shutting" of existing laws
to make Mr.. Marshalls appoint
ment stick.
Mr.. Tulloch. who also opposed
the appointment, was out of town
yesterday.
Provisions of Ordinance.
Ordinance 480 provides that two
weeks public notice be given be-
fore appointments are made, and
that written applications be SUBJ
mitted by the applicants.
The four councilmen who voted
for Mr.. Marshall admitted this had
not been done. They explained
his qualifications were familiar to
them, and added that his appoint
ment was of a temporary nature
until a permanent manager could
be hired. The city code makes no
provision, however, for appoint
ment of a temporary city manager.
Observers pointed out that when
Carl Budwesky resigned as city
manager in August. 1947, Mr.. Pan
coast was appointed Immediately
to fill the vacancy temporarily. No
one questioned the legality Of his
appointment. He served until the
appointment. of Mr.. Colasanto in
November 1Qd7