Evening star., 1952-06-08
Court 10 Weigh
Arlington Ban
On us. Workers
Virginia Appeals Body
To Hear Case Tuesday;
; May Be Affected
By William J. Elyin

Arguments on the right of Fed
eral employees to serve on the Ar
lington County Board will be
heard Tuesday by the Virginia
Supreme Court of Appeals.
The case is an appeal from a
widely discussed decision by Ar
lington Circuit Judge Walter T.
Mccarthy a month ago.
Judge Mccarthy ruled that
State law forbids Federal employees
from serving on the board. He
said an exception to the law
passed by the General Assembly
violated the Virginia constitution.
Filed by former County Treas
urer John Locke Green. the suit
is specifically aimed at Board
Member Alan L.. Dean. Attorneys
for both sides agree, however, that
his two fellow non-partisans on
the board, Chairman Robert w
Cox and Daniel A. Dugan, also
would be affected.
Agreement on Procedure.
The State Supreme Court
agreed to hear the case as if 1t
were on appeal, by agreement OF
both sides.
If it agrees to review the case
it will hand down an opinion on
the basis of Tuesdays arguments
and briefs and lower court records
which already have been filed.
Edmund D. Campbell, a candi-
date for the Democratic nomina.
ton for Congress, former Com
monwealth's Attorney Lawrence
Douglas and commemorative At.
tornev William j. Hassan repre-
sent the County Board. Mr.. Greer
represents six county citizens
Rocco Paolicelli. Howard w
Sharpe, Harvey A. Williams, Ell
Luria. Raymond A. Miller ane
James E. Millar.
Mr.. Campbell estimated that i;
decision against Mr.. Dean woult
mean approximately 10000 per
sons out of 100000 in Arlington
would be banned from serving OF
the County Board because they arr
Federal workers.
Vacancies on the board tina
could result from the Suprem
Court decision would be filled b.
Judge Mccarthy. Board member
not threatened by the suit ar
Robert A. Peck, Republican, al
automobile dealer, and Alfred E
Frisbie. Democrat, an investmen
broker.
Voters Would Fill Posts.
If Judge McCarthy's decision
upheld and further legal actor
results in ousting Mr.. Cox ant
Mr.. Dugan. new appointees nance
before September l would serv
until January /, 1858. In the No
vember 1852 election, voters woull
fill the seats vacated by court &C
tion as well as the seat held by MI
Frisbie. He is not candidate TO
reelection.
In all probability, non-par
tisan convention or Town Meeting
would nominate four candidate
who are not Federal employees.
Another expected development
if Government employees. are ban
ned from the board, would be {
call for a referendum on adop.
ton of a city charter. The charter
approved by the General Assem-.
bly, in 1916, would permit Govern.
ment clerks-including all but
high policy-making officials-te
serve on the City Council.
A newly organized group, the
Emergency Conference on Citi-
zenship Rights of Federal EN-
ployes. already has called for 9
special session of the General AS
sembly to give Government work
ers the right to serve on the board
and other bodies. A special ses-
sion is now being considered fol
another purpose, to redistrict the
General Assembly's legislative dis
tricts.
Legislation Failed to Pass.
At the regular session earlier
this year legislation to give Fed
eral employees the right to serve
on the board was introduced but
failed to pass after committees
decided that no change should be
made in the law while the dispute
was in court.
In his decision, Judge Mccarthy
said he believed that the 1888 bar
on Federal employees. since re.
enacted several times, may have
outlived its usefulness, except a:
| it applies to policy-making Fed
eral employees. Any amendment
must be general legislation, how.
ever, to be constitutional, ht
added.
The exception under which Fed
eral employees living in Arlington
were permitted to serve on tht
board was unconstitutional, Judge
Mccarthy said, because it applied
to counties having population II
excess of 800 per square mile.
There is no reasonable relation
ship between density of population
and the right of Federal employe.
to serve on the board, he said.
County attorneys contend thu