Evening star., 1952-05-27
Staff Photo by Francis Routt.

III AIIllylUn UpneIu
By Judge Mccarthy
Arlington Circuit Court Judge
Walter T. Mccarthy has upheld
two county tax ordinances at
tackled by John Locke Green as
unconstitutional.
Mr.. Green noted an appeal in
both cases. One attacks the valid
ity of the business license tax, and
the other charges that the county
auto tag ordinance is unconsti-
tutional.
Mr.. Green, former county treas
|urer, attacked the ordinances as
special legislation prohibited by
the State constitution.
Mr.. Green contended yesterday
both measures were special legis-
lation because they may apply
only to counties with a popula-
ton of at least 1000 per square
mile. This means that no other
county in Virginia may adopt
these tax measures, Mr.. Green
said.
Judge Mccarthy said density of
population is a reasonable stand
ard for authorizing tax measures.
Problems created by density re-
|quire taxes other than those that
might be needed In rural areas,
the judge said. j
Court Discusses Subject.
Discussing the subject of special
legislation, Judge Mccarthy said:
"It seems the idea has gotten
around that this is something pc
culiar to Virginia" Special legis-
lation is forbidden in every State,
he said, and also prohibited by the
Federal Constitution in its re-
|quirement that every person is to
be given equal protection of the
laws.
He went on to explain why some
statutes are constitutional, while
others, using virtually the same
language are not.
Laws passed by the General AS
sembly need not apply to every
county, he said. But if a particu-
lar law applies to only a certain
classification, the classification
must be reasonable. A classifica-
ton based on density of population
is reasonable for enabling legisla-
tion on tax measures, but the
same standard is unreasonable for
other measures, he said. The State
law giving Federal employees the
right to serve on the County
Board was based on density of
population.
Refers to Trailer Case.
Judge Mccarthy referred to the
Fairfax trailer case. The State
Supreme Court held that a Fair
fax County tax on trailers was un-
constitutional because it was
based on special legislation. In
that case, Judge Mccarthy said,
the descr iption of the classifica-
ton was inadequate because GER
tain areas were unreasonably ex-
cluded.
In the Green case, in which the
former treasurer challenged the
Arlington assessment ordinance,
the classification was based on
the area Of the county. There is
no reasonable relationship be-
tween county. area and county
need for the assessment depart
ment, the judge said.
Commonwealth's Attorney Will
liam ]. Hassan and one of his as
sistants, Peter j. Kostik, defended
yesterdays cases for the county.
Mr.. Green was representing At
torney Miles Spence Bray. On
April 3. Mr.. Bray had asked the
court to issue a declaratory judg-
ment, holding that the business
tax ordinance was unconstitution-
al. In the county'S budget for
1923, about 100000 is antici-
pated from revenues derived from
the ordinance.
Mr.. Bray was arrested on April
Is for failing to display q county
tag on his auto. He was fined S.
by County Court Judge Harry r.
Thomas. The attorney. q former
substitute Judge Of the County
Court, contended the license law
was unconstitutional and appealed
to the Circuit Court. Judge Nc
Carthy also imposed a S. fine, the
minimum. after holding the ordi-
nance valid.