Evening star., 1952-05-05
FEDERAL Workers
Are Barred From
Arlington Board
Suit to Gust Dean
Is Upheld by Judge;
z Others Affected

Federal employees are banned
from serving on the Arlington
County Board by a decision
handed down today by County
Circuit Court Judge Walter T.
Mccarthy.
Judge Mccarthy specifically up.
held a suit to oust Board Member
Alan Dean, who works at the Bu-
reau of the Budget.
Attorneys for both sides agreed,
however, that the decision also
would apply to Board Chairman
Robert w. Cox, budget officer for
the Federal Communications
Commission. and Daniel A. Dugan.
who was employed by the De-
partment of Labor in 1850 at the
time of his current election. The
three Federal employees constitute
majority of the flve-member
board.
The suit was brought by Attor-
ney John Locke Green in behalf
OF six citizens. Mr.. Green, for.
mer county treasurer, contended
that legislation exempting Ar
lington from a State constitutional
ban against Federal employees
holding public Office was illegal.
He argued that it was special leg
islation of the type prohibited by
the State Constitution.
Disagree on School Board.
Commonwealth's Attorney Will
liam j. Hassan and Edmund D.
Campbell. who defended the suit,
disagreed with Mr.. Green as to
whether three Arlington School
Board members who work for the
Government are affected.
Mr.. Green said their Offices are
vacant but Mr.. Campbell and At
torney Lawrence Douglas. another
defense attorney, believed that q
State law not touched by today's
ruling, would permit the School
Board members to remain in Of
flee.
Mr.. Campbell said an appeal
will be taken to the State Su.
preme Court.
Boards Actions Questioned.
The ruling Immediately opened
the question of the validity Of
the boards actions.
The 1852 General Assembly
enacted a law validating bond is
sue authorizations by the board.
The new law, however, contained
this language: Provided that the
duly qualified members of the
governing body equal to a ma
jority thereof participated in all
proceedings affecting such body
in connection with the issuance
of such bonds"
Although Mr.. Dean did not
take office until January /, he
succeeded another Federal en-
Iploye, Mrs. Florence Cannon, who
works for the Department of De-
fenSe.
The 1852 validating act applied
only to bonds and not to such
other matters as zoning and ap-
preparations.
Mr.. Dugan. the first Federal EN-.
ploye to become board member.
has served continuously since l947.
He, along with Mr.. Dean and Mr..
Cox were elected as non-parti-
sans. The other board members
are Alfred E. Frisbie. Democrat,
and Robert A. Peck, Republican.
Awaits Judges Signature.
Judge McCarthy'S decision is ex.
pected to become final when he
signs the order in about 10 days.
MIR. Hassan said vacancies on the
board are filled by the circuit
judge.
Judge Mccarthy, in his ruling.
quoted Biblical passage, mo man
can serve two masters" He said
the law prohibiting dual employ
ment was first passed in Virginia
in 1887 and was born of fear of
the newly-formed Federal Gov.
ernment.
The Hatch Act permits Federal
employees to participate as nom
partisan candidates for Offices in
Arlington County and other nearby
areas.
Civil Service Commission off,
cials pointed out today. however.
that the Hatch Act has to give
way to any State law in the mat
ter of determining if Federal
workers are to be allowed to serve
in Office. The Hatch Act only
gives employees the opportunity to
run for office. but it cannot guar
antee them that right If a State
says otherwise. it was pointed out.