Evening star., 1952-09-03
Contempt Laid
To2in Arlington
Rent Law Fight
Motion by Green
And Winston Lists
Cox and Dean
By Tom Burke

A"O AACAANC1o VI Vic AI11IlS UUI1
County Board today were accused
Of contempt of Federal Court in
the latest move by attorneys for
apartment developments to pre-
vent reinstatement of rent con.
trols in the county.
Chairman Robert w. Cox and
Board Member Alan L. Dean are
charged with violating a restrain-
ing order. due to expire Monday,
which prevents them from acting
on reinstatement of rent control.
A new motion was filed with
Federal Court in Alexandria ask
ing dismissal of two earlier mo-
tions filed on behalf oft the county
officials. The latest move came
from John Locke Green and At
torney William L. Winston of the
firm of Jesse, Phillips, Klingle
& Kendrick.
Violation Charged.
The new action asserts that
Mr.. Cox and Mr.. Dean, in making
motions to dismiss the restrain
ing order and an original suit.
do not come into this court with
clean hands in that they have
violated the order of this court
. they are in contempt Of
court. :"
One of the Cox-Dean motions
had asked dismissal of suit
based on a Federal statute which
challenges the legality of Fed
eral employees holding other public
Offices.
Earlier this year Mr.. Green had
accused Mr.. Cox of contempt,
based on a speech made by the
board chairman at a public meet
ing. This complaint was dismissed
in Arlington Circuit Court.
Mr.. Cox had been accused of
criticizing a decision of Arlington
Circuit Judge Walter T. Mccarthy
which held that State law prevents
Federal employees from holding
certain local Offices. That case
now is on appeal.
Transcripts Filed.
Attached to today's motion in
Federal Court are IA pages Of
transcript of two board meetings.
held since issuance of the restrain-
ing order, at which the question
of rent control came up.
According to the transcript cf
the proceedings attached the
said defendants not only did acts
contrary to the order, but their
whole demeanor has been to in
dulge in artif1ce and contrivance.
which has violated the order in
both spirit and letter." Mr.. Green
and Mr.. Winston allege.
The board meetings referred to
were held August % and Is. As q
result Of these two meetings, the
motion alleges, a public hearing
on rent control will be held SAT-
urday.
The two motions filed in behalf
Of the board members by Attorney
Malcolm D. Miller are scheduled
to be heard tomorrow by Judge
Albert V. Bryan. Another motion,
fed last week by Mr.. Green, ask
ing that the temporary restrain-
ing order be changed to a prelimi-
nary injunction is also scheduled
to be heard tomorrow.
Represent Three Developments.
Mr.. Green and Mr.. Winston
represent the owners of Glebe
Courts, Inc; Glebe Apartments.
Inc, and Lyon Properties, Inc. AL
are apartment developments To-
Gated in Arlington. In a suit filed
10, the day the restrain-
ing order was obtained, the ques-
tion of Federal employees rights
in holding Office outside the Fed
eral Government was raised.
Mr.. Green, earlier this year,
filed suit in Arlington Circuit
Court, challenging Federal en-
ployeS' rights to hold local office
in Virginia. The suit named MIR.
Dean as defendant. Judge Nc
Carthy ruled in favor Of Mr..
Green, who represented six Ar
lington taxpayers. This is the
suit that has been appealed TO-
the State Court of Appeals.