Evening star., 1951-09-06
Col. HayesFights
To Keep District
Tags in Virginia
Arlington Judge
Reserves Decision
On D. c. Engineer

Col. Thomas j. Hayes III, As
sistant Engineer Commissioner for
the District. battled in Arlington
County Court today for the right
to retain the "few little privileges"
that go with his low-numbered
District automobile license plates.
Judge Hugh Reid after listening
to Col. Hayes quote from law books
and Acts of Congress for half an
hour, said he would reserve deci-
sion on the charge of driving with
improper tags" placed against the
District official by County Police
Pvt. B. E.. Keyes.
1T is clear this is not case
that warrants a penalty" Judge
Reid said. He added that he
would require more time to study
the applicability of Virginia's
automobile license law to service
men.
Assigned by Army.
Col. Hayes admitted that he is
buying the house in which he
lives at 139 North Park drive and
that two of his three children at
tend Arlington public schools.
He insisted, however, that he
is legally "domiciled" in the Dis
trict and is only a temporary"
resident of Virginia because Army
orders have assigned him to this
area.
Assistant Corporation Counsel
Paul G. VaroutSoS said the ques-
ton of "domicile" is not involved
in the case. The only issue, he
contended, is whether Col. Hayes
is a resident of Arlington County.
Advised to Get State Tags.
Pvt. Keyes first issued an i'm
proper tags" ticket to Col Hayes
wife. Jean, on August IA. The
charge was dismissed by Judge
Harry r, Thomas who told Mrs.
Hayes he thought she should ad-
wise her husband to get Virginia
license plates.
Pvt. KeyeS said that when he
gave Col. Hayes a ticket on Sun
day the District official said the
low tags-D. C-6-enabled him to
drive through police lines and
brought him other little privi-
legeS."
Col Hayes said he had checked
with Arlington authorities earlier
and had been told that it would
not be necessary for him to OBJ
tain county license plates. OFF,
GERS stationed at Fort Myer earlier
had obtained ruling exempting
them from the purchase of county
tags.
Pays District Taxes.
Col. Hayes said he had claimed
the District as his residence ever
since he came here with his par
entS, Maj. Gen. and Mrs. T. j.
Hayes, in 1923. He pointed out
that he attended Western High
School and went to West Point as
a District candidate. He pays in
come taxes in the District, he said. |
Col. Hayes told Judge Reid his |
tour OF duty as assistant engineer |
commissioner will be over in six
months and that he expects to be
transferred away from Washing
ton at that time.
Before appearing in court, Col.
Hayes said he had consulted the
District Corporation Counsel and
lawyers in the Judge Advocate
Generals Office. They assured
him that he was not violating any
law by driving a car with District
license plates, he said.
Quotes Service Act.
Col. Hayes in his argument be-
fore Judge Reid quoted passages
from the Soldiers and Sailors Civil
Relief Act which permits men in
the service to claim their domicile
as their residence and affords
them relief from certain local
taxes.
Corporation Counsel Vernon
West said he feels the act gives
Col. Hayes the right to claim the
District as his domicile and drive
a car with District tags in Vir-
ginia.
Civilian District officials and
employees, however, Mr.. West said,
would have to buy Virginia tags
for their cars if they lived in that
State and kept their cars there.
A stenographic transcript of the
court proceedings was made by
Col. Hayes secretary. The colo
nel's right arm was in a sling and |
he told reporters he was having