Evening star., 1952-09-10
Court Decision
Gusts 3Fron1
Arlington Board
Special Election to
Be Ordered Nov. 4
To Name Successors

By Alex R. Preston
Stor Stuff Correspondent


Stor stuff Correspondent
STAUNTON. Va, Sept. 10
Vlrginia's highest court today up
held a 164-year-old Virginia law
banning Federal employees from
holding State or local Office.
The unanimous decision Gusts
the three non-partisans on the
County Board-Chair-
man Robert w. Cox, Alan L. Dean
and Daniel A. Dugan.
Meanwhile. in Arlington Cir
cult Court. Judge Walter T. Nc
Carthy. whose decision was up
held by the Virginia Supreme
Court of Appeals, said he would
Immediately order the three board
members to vacate their seats.
Special Election November 4.
He also said he would order a
special election in connection with
the general election November 4
to fill the vacancies.
He said the deadline for filing
for the three vacancies is 80 days
prior to the November 4 election.
There will be a total of four
seats on the member board to
be filled November 4. The term
of Alfred E. Frisbie, Democrat, an
investment broker, expires this
year. The fifth board member is
Robert A. Peck, Republican, an
Arlington auto dealer.
Judge Mccarthy said he expects
to make temporary appointments
to fill the three County Board va
cancieS after he has read the text
OF the decision. The temporary
appointees would serve until the
three new members are qualified
for Office a few days after the
election.
Dugan Now in Private Business.
Mr.. Dean is an employe of the
Budget Bureau. Mr.. Cox works
for the Federal Communications
Commission. Mr.. Dugan was en-
ployed by the Civil Service COM
when he was elected in
1850, although he is now In private
business.
The suit upheld today was
against Mr.. Dean only. However.
attorneys for both sides agreed
that Mr.. Cox and Mr.. Dugan
would be similarly affected.
The Supreme Court of Appeals
IN a 36-page opinion both
and affirmed Judge Nc
Carthy's decision. Judge McCar-
thy had held that the 1888 law
banning Federal employees from
jobs under the Virginia Constitu-
ton was constitutional and that
an exception to the law in the case
OF Arlington County was uncon-
Stitutional.
The high State court upheld the
lower court on both of these
counts. However, it said the Ar.
llngton Court erred in not declar-
ing MIR. Deans Office on the board
vacant as OF January l, 1852. The
lower courts decree was amended
to that extent.
The appeals court also amended
The decree to restrain the County
Treasurer from paying Mr.. Deans
salary as a member of the board
after today.
Right Not Absolute.
In its 36-page opinion the su.
oreme Court said:
1T is to be kept in mind that
she right to be elected to public
ofnce and the right of incumbency
ire not natural, absolute and in
rights inherent in all
individuals. They are rather po-
ltical privileges upon which may
oe imposed reasonable qualifica-
ions, conditions and restrictions
n the interest of the public.
In order to preserve a pure
public policy, State constitutions
and statutes frequently provide
that one and the same person
shall not, at the same time, hold
an Office of profit or trust, both
under the State and under the
national government, or that per-
sons holding judicial Offices shall
not, at the same time, hold other
offices of trust or profit.
Such provisions cover the same
ground as the common-law inhi-
oition against the same person
holding incompatible Offices at
the same time ). It is well set
lied by an overwhelming array
Of authority that the acceptance
of a second Office of the kind
prohibited operates ipso facto to
absolutely vacate the first office. :.
1T Is not amiss to state the
Congress has enacted legislation
making this policy generally ap-
olicable to officers and employees
If the Federal Government. :"
The Supreme Court went on to
'ay that the object sought to be
accomplished by the old law of
(See ARLINGTON. Page A-2J
F0ofhnIFs Cominn In