Evening star., 1952-01-22
Court Ruling Leaves
Arlington Without
Assessing Office !.

The latest ruling by the Virginia
Supreme Court against so-called
special legislation" left Arlington
County without Department of
Assessments today.
In a decision which may jeopar-
die many local ordinances in
Fairfax and Arlington as well as
in other Virginia counties, the
Supreme Court of Appeals yes
terday> declared as unconstitu-
tional the 1912 act under which
the Arlington County Board Gre
ated a new Department of Assess
ments last May.
As IN the case of Fairfax Coun-
tvs trailer park ordinance last
month, the high tribunal held
that legislation which grants a
special right to "a few favored
counties" and denies it to others
without reason is in violation of
Section SO of the Virginia Consti-t
tutiin. That section forbids the
General Assembly to enact local,
special or private law of certain
types. -
Only Two Counties Conform.
The 1912 act at issue in yester-I
days decision at Richmond pro-
vided authority for setting up as
sesSment Offices to counties adj
joining cities having a population
of 10000 sin this State" or those
with an area of less than 10 square
miles "of high land" Arlington,
with "a square miles of land. and
Elizabeth City are the only Vir-
ginia counties which are small
enough to conform to such al
definition.
The Fairfax trailer park ordi-
nance, which, the Supreme Court
threw out last month. also was
worded in such q way that it
could apply only to Fairfax. tt
was written to be effective only
in a county adjoining a county
having q population density in ex-I
cess of 1000 persons per square
mile. The court noted that Arling-
ton is the only county with that
population density and only Fair
fax County adjoins Arlington.
Similar wording has been used
in many other enabling acts for
Fairfax and Arlington. The two
recent Supreme Court decisions
presumably could be used to chal-
lenge other ordinances similarly
enacted, although each ordinance
would have to be court-tested on
its own merits, attorneys said.
Ruling Is Victory for Green.
Yesterdays ruling, a reversal Of
the stand taken by Arlington Cir
cult Court, is a victory for John
Locke Green, former county
treasurer. and Denman T. Rucker,
former Arlington Commonwealth
attorney. Their challenge Of the
County Boards authority to estab-
lish the new department put the
matter before the courts.
Mr.. Green was so convinced that
the new department was illegal
that, until Arlington Circuit
Court finally ordered him to do
so, he refused to sign salary
checks for the departments two
employees, Director Fred Gosnell,
now resigned, and Mrs. Virginia
Green Foltz, secretary.
Both Mr.. Green and Mr.. Rucker
were defeated in elections last
year.
In Richmond. members of the
county's legislative delegation said
they would read the opinion before
deciding what action. If any, isl
Agree ON Intent.
State Senator Charles r. Fem
wick and Delegates j. Maynard
Magruder and George Damn
agreed on one point. however:
The act under which the County
Board provided for the assessment
plan never was intended to apply
to Arlington.
Mr.. Damn, furthermore, ap-
peared before the County Board
last summer, when the plan was
under consideration. and stated
that the law was invalid, insofar
as it was being made to apply tol
Arlington.
House records show the assess
ment bill was introduced by for
mer Delegate E. Floyd Yates Of
Chesterfield County with the in
tenticn of applying 1t to that
area. However, former Delegate
g. Alvin Massenberg Of Hamptonl
and Elizabeth City County amend
ed the bill on the floor In an at
tempt to make it apply to this
county.
Forest Glen School Benefit