Evening star., 1951-02-16
II Testify Today
At Hearing 10
Bar Bond Suits
Court Dismisses
Chss Bill Against
Fuirfux Petition

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Hearing of a Fairfax County
plea for a permanent injunction
prohibiting suits to block sale of
two bond issues was resumed this
morning in Circuit Court.
Paul E. Rhinehart. jr.. Of
Vienna, and John H. King of
Great Falls road, Falls Church,
are opposing the county's petition.
A $10.5 million school bond issue
and a $3.50, 1000 issue to build a
courthouse addition, both ap-
proved by the voters last May.
have not been sold because of
litigation instituted by Mr.. Rhine
hart and others.
Cross Bill Dismissed.
Yesterday Judge J. Jordan
Temple dismissed cross bill to
the boards Injunction suit, filed
by Mr.. King. The judge said the
bill was filed too late.
Seventeen witnesses are sched-
uled to take the stand for the
county today. Among those to be
heard are G. Wallace Carper,
chairman of the Board of Super
visors; Fred w. Robson, School
Board chairman; Treasurer Lewis
M. Coyner and Commissioner of
Revenue John w. Ferguson.
School Supt. w. T. Woodson
testified yesterday that 46 build
ing projects will get underway
"as soon as current obstacles are
removed"
The SOS million, the superin-
tendent said. will not meet the
needs Of next September" From
November, 1949, to November,
1850, Mr.. Woodson reported, en-
rollment IN county schools in
creased 3,139.
1870 Attend Half Days.
At present, the superintendent
reported, about 1,270 pupils are
attending halliday sessions, 2,325
are housed outside school build
ings, 2,470 are in school building
Railways and auditoriums, 1926
are in standard classrooms in
excess of normal capacity and
$50 are in "other non-standard
housing"
Alfred Anton of Arlington, at
torney for Mr.. Rhinehart and Mr..
King, asked Mr.. Woodsor whether
schools will be built in areas that
Falls Church and Alexandria are
attempting to annex. Mr.. Wood
son said he doubts that the board
will proceed with the Shirley
Duke school near Alexandria. but
I'VE will proceed as quickly as pos
sible to build schools in the Falls
Church area. The need there is
very great"
Speaking for the county were
Commonwealth's Attorney Hugh
B. Marsh, Robert j. McCandlish.
jr.. and John Alexander. school
board attorney.
Frequent Objections.
Mr.. Marsh made objection fire.
quently to Mr.. Anton's cross
examination of Mr.. Woodson.
Judge Temple. noting that the
county contends that suits of a
vexatious nature have been and
are being instituted" said he
wished to be liberal" in per-
mitting questioning.
The Judge added that he is
sitting as both a Judge and jury
and said "the court will decide
whether questions are designed
for purposes other than the de-
termination of the issue"
The judge also said that "the
court is frequently enlightened
by the manner of counsel and wit
nesses on each side"
Previous Suit Dismissed.
Judge Temple was named to
hear the case by the Supreme
SOU1t VI 1aPRCdAo, dAOC4 ACo4oIA1o
Judge Paul E. Brown disqualified
himself because he is taxpayer
in the county. =
A previous suit by Mr.. Rhine
hart, asserting that the Alexandria
and Falls Church annexation suits
may change the security backing
the bonds, was dismissed on jan
uary 10, and Mr.. Rhinehart did
not appeal the decision. Judge
Temple provided that 100000
bond would have to oe posted, if
the case was taken to higher
court.
At the same time, Judge Temple
granted the county temporary
injunction prohibiting any new
suits by Mr.. Rhinehart, or any
one else, challenging validity of
the bonds. Yesterday the court
was asked to make the injunc-
ton permanent. Meanwhile, Mr..
King joined Mr.. Rhinehart to op-
@I,~ y.14a