Evening star., 1952-09-11
Blow to Representative Rule

4A4C A44CC1cSGS VI representative government
IN virginia require action by the General
Assembly to enable Federal workers residing in
the State to serve in public Offices there. This
democratic right has been denied to Government
employees by the decision of the State Supreme
Court OF Appeals upholding 1887 law banning
Federal employees from holding public office in
the State. 1928 law excepting Arlington County
from the ban was invalidated by the high court
as special legislation prohibited by the State
constitution. The ban is outmoded and grossly
unfair as far as Arlington County and other
parts of nearby Virginia are concerned. It
diScrlmnateS against a substantial proportion
OF the areas good citizens and deprives county
governments of their services. This discrimina-
ton should not be allowed to stand
Virginia's Supreme Court in sustaining Cir
cult Judge Walter McCarthys ruling adverse to
Arlington Board Members Dean, Cox and Dugan,
shared Judge McCarthy's view that the venerable
law was designed to serve good purpose. This
purpose was and is to safeguard and protect
the States independent sovereignty by requiring
strict and undivided allegiance to the duties and
obligations of public office by its incumbent"
The SoundneSS OF this position, as a general
policy, is Self-evident. But as Judge Mccarthy
commented in handing down his decision last
May there are "a great many" Federal employees
who would find no conflict between their Federal
duties and those, for example, of membership
on county board or city council Judge Nc
Carthy indicated his belief that some change in
the law to permit such citizens to participate
in local self-government was advisable
Unfortunately, the next regular session of
the General Assembly will not be held until 1854
Governor Battle is considering a proposal to call
the Legislature into special session later this year
to pass reapportionment legislation, required by
the constitution before the end of 1852. The
Assembly ducked this job at its past regular
session. But the Governor has made it plain that
he is opposed to consideration of any other egis-
lation at special session-as it might complicate
the important task of legislative redstricting It
might be that he could be induced to change his
mind, in view of the urgency of the situation in
Arlington.
Obtaining passage of general law to permit
Federal employees to serve as elected or appointed
officials in Virginia will not be easy in any event.
It is always hard to arouse interest in legislation
designed for the particular benefit of limited
areas-and rural sections generally are suspicious
Of bills urged by urban districts. There will be
those who will see in any bill to lift the ban on
Federal employees an effort by the Federal
bureaucracy" to seize control of local government
in Northern Virginia. The absurdity of such fears
is attested by the fact that nearby Virginia. like
OI4lcI duJdCcAIU d1cdo ACdVAS NY rCuc1 al
workers. often votes against the administration
in power. Civil service workers have shown that
they are independent in their politics
Pending action by the General Assembly, it
is essential to orderly government in Arlington
that the Circuit Court act promptly in appointing
temporary successors to the ousted board mem
bers. These temporary appointees will serve
under difficulties to put it mildly. Without such
appointees the f1ve-member board could not
carry on The election of permanent successors
at special election on November will restore
stability to the board. But the board cannot
honestly be regarded as a representative elected
body as long as the thousands of Federal
employees in Arlington are barred from its mem
bership. This injustice ought to be ended at the
earliest practicable date.