Evening star., 1952-06-11
Court Studying
U.S.. Worker Job
Ban in Virginia
Exception to Law
In Arlington Also
Under Amusement
BY q sioff Correspondent, Of The Sta,

RICHMOND, June ia con-
tention that Virginia law prohibits
Federal employees from holding
local and State Offices was being
studied today by the Supreme
Court Of Appeals.
Also taken under advisement
at the conclusion of arguments
before the tribunal yesterday was
the question of whether an amend
ment to the law. exempting Ar
lington from the ban, violates the
State constitution.
Arlington Circuit Judge Walter
T. Mccarthy ruled last month that
the law. itself, is constitutional
but that the exception is invalid.
Campbell Seeks Reversal.
Attorney Edmund D. Campbell,
who is campaigning for the rights
OF Federal employees in his race
for the Democratic nomination to
the House from the 10th district,
asked the appeals court to reverse
Judge Mccarthy. He was joined
by Commonwealth's Attorney Will
liam j. Hassen.
John Locke Green, r.p esq ting
six taxpayers who were upheld n
the lower court. asked the JUS
tices:
why should a Federal Govern
ment employe be permitted to
serve in county with 800 in
habitants per square mile (Arling-
toni and not in the county next
to it that might have five less?
That's like saying you have got
to have black tom cats in Staf-
ford County and blue female cats
in Culpeper County"
The question was predicated on
language in the amendment, en-
acted in 1928, designed to except
Arlington from the ban. Since
then. Mr.. Campbell said, popu-
lation changes qualify Warwick
and Elizabeth City Counties un-
der the exception. A subsequent
revision also has excepted Fair
fax County and Alexandria from
the law.
The case was brought by Mr..
Green specifically against Alan
L. Dean, a member of the Arling-
ton County Board, who works for
the Federal Bureau of the Budget.
If Judge Mccarthy is upheld, op-
posing counsel agreed, two other
board members, Chairman Robert
w. Cox, now a Government work.
er, and Daniel A. Dugan, who was
a Federal employe when he took
office, also would be ousted.
Takes Unusual Move.
In an unusual move, the Su-
preme Court agreed to hear argu-
ments on the merits of the case
before deciding whether to allow
an appeal.
MIR. Campbell stressed the i'm
portance of an early decision be-
cause of the uncertainty of the
status of a majority of the mem
bers of Arlington County's gov
erning body. For instance, he
said, the county may lose SIS mil
lion in interest on bonds which
have been authorized but tied up
since the suit has been pending.
Mr.. Campbell said the effect Of
the Mccarthy ruling. if sustained,
would be to disqualify about one
half of the population of Arling-
ton who are connected with the
Federal Government.
THAT may be unfortunate" p"
Chief Justice Edward w. Hudgins
replied, "but if the law is uncon-
stitutional. we can't help the re-
suits"
Argument on 1888 Act.
Mr.. Campbell developed his
argument around this point:
That the 1928 exemption for
Arlington was special legislation
amending a special act, original
ly passed in 1888.
He contended that the amend
ment was not applied to a gen.
eral law and consequently there
was no constitutional violation.
Mr.. Green countered:
"They might as we'll say that
this court has been asleep for 80
years." explaining that the tri-
bunal had ruled on the consti-
tutional issue several times dur
ing that period. "This court. I
might say. goes to bed with the
Constitution"