Evening star., 1950-02-11
Bill 10 Add 7
Nearby Judges
Up for Action
Virginia Senate Unit
To Meet Monday.
Legality Questioned
By Alex R. Preston
Star Stoff Correspondent

RICHMOND, Va, Feb. IL
State Senate committee is sched
uled to act Monday on a bill
giving an additional judge tt
each of the two court circuit
closest to Washington.
Questions concerning the con
stitutionality of the measure wer,
raised at a meeting of the Court,
of Justice Committee YESTERDAY
but each member present ex.
pressed a desire to provide re.
lief for the Northern Virginia
courts.
One committeeman said, how.
ever. he would vote for the pro.
posal if it was agreed to settle
the constitutionality of the act
by means of a declaratory judg-
ment in the courts.
The bill was introduced by Sen
ators Charles R. Fenwick of Ar
lington, and Andrew w. Clarke OF
Fairfax. 1t would provide a
second judge for Arlington s
Thirty-f1fth Circuit and a second
jurist for the Sixteenth Circuit
consisting of Fairfax and Prince
William Counties and the City oi
Alexandria.
Constitutionally Explored.
Senator Fenwick assured the
committee the patrons had gone
into constitutional questions in.
volyed. He said he had consulted
the attorney general on this point
The Senator agreed to a request
that an opinion from the attorney
generals Office be supplied the
committee at its meeting at 2 pm
Monday.
The bar associations of Alex
andria and each of the counties
involved have indorsed the legis-
lation and are convinced that il
Is valid, Senator Fenwick said.
The names OF Trial Justice
Harry l.. Carrico of Fairfax and
Robert j. McCandlish, jr., Fairfax
attorney and former member of
the House of Delegates, were be-
ing mentioned as possible candi-
dates in the Sixteenth Circuit if
the additional judgeships are
created.
In Arlington, the name of Will
liam D. Medley, former State
Senator who represented that
county for many years in both
Houses of the General Assembly
was prominently mentioned. Sub
sequently, however, Commissioner
of Revenue Harry Z. Green, head
of Arlington's Democratic organi-
zation, wrote letters to the legisla-
tive delegation here in which he
advanced the name of his son, H.
Bruce Green, now clerk. of the
courtswho is serving out an ar@
pointed term.
Serious Bid in Sixteenth. ~.
Reports reaching Richmond
about the Sixteenth Circuit in
dicate that Alexandria and Prince
William County may put in a
serious bid for the second Judge.
The argument was advanced that
inasmuch as Judge Paul Brown,
the present jurist, lives in Fairfax
County, the second judge should
come from somewhere else in the
circuit.
Senator Charles w. Crowder of
Richmond, was the committeeman
who expressed a desire to vote
for the bill on the condition that
a declaratory Judgment be sought
to establish it's validity under the
constitution.
Senator Fenwick said that this
was being considered by propon-
ents. If such action were taken,
it might mean that the new
judges would have to qualify and
take Office before they could be
named. defendants in a suit for
a declaratory judgment.
Robinette Sold on Bill.
Committee Chairman Lloyd M.
Robinette said. Il am thoroughly
sold on the idea of providing
more judges for Arlington and
Fairfax but I am not sold on an
additional judge for the Corpora
ton Court in Alexandria.
His reference was to other
legislation by Senator Clarke de-
signed to give cities, such as Alex
andria, additional judges if the
State Supreme Court of Appeals
certif1es the need. This measure
would depend for effectiveness
upon a constitutional amendment
now pending.
Senator M. M. Long, Wise
County, said he thought public
hearing Wednesday night estab-
lished IAN excellent case for two
judges but there is some doubt ir
my mind about another judge fol
Alexandria "
Senator George M. Warren
Bristol, declared, Il am thorough
ly convinced of the crying neec
for three judges up there North
ern Virginia.. I'm for everything
AL1~, - -I,ol Co., 81 %La I,oo 1.iy,-r