Evening star., 1952-06-10
Arlington Jobs
Argued in State
Supreme Court
U. S. Workers Right
To Hold County Office
Challenged by Green
BY Alex R. Preston
Stnr Stoff corrasnondanf


RICHMOND, June 10.-A chal-
lenge to the rights of Federal en-
ployes to hold local and State
offices in Virginia was argued to-
day in the Supreme Court Of Ap-
peals.
The court was to decide
whether to grant an appeal from
a decision by Arlington Circuit
Court Judge Walter F. Mccarthy
in a case directed specifically
against Arlington County Board
Member Alan L. Dean, an en-
ploye Of, the Federal Bureau of
the Budget.
Attorney John Locke Green,
who won the round in the lower
court, told the Supreme Court
in a brief filed here that the Vir-
ginia Bill of Rights and State
law sought to prevent the very
thing that has taken place in
Arlington County"
O0AO i UAACy DACtdGCus
I'm Arlington" Mr.. Green said,
1--WE have the spectacle of a So
called non-partisan government,
with three members, a majority,
Federal employees. That also holds
true with the School Board.
These two bodies appropriate
the money and spend the money
and conduct the governmental
philosophy Of the local govern
ment.
I'm doing so they have their
own organization of Federal en-
ployes and their policy is inf1u-
enced and dictated by the superior
Federal Office holders in Washing
ton.
I'm the course Of four years, in
which they have gained control of
the County Board, they have
raised the taxes five times, have
been responsible for the floating
of $40 million or more in bonds
and, not satisfied with this, are
now arguing for more taxes and
more bonds-like father, like
sons"
Judge McCarthy's Ruling.
Judge Mccarthy ruled that
State law forbids Federal workers
from serving in such offices. He
also held that an amendment to
that law, which excerpts Arlington
from it's provisions, violates the
State constitution.
Edmund D. Campbell, candidate
for the Democratic nomination to
the House from the 10th district,
represents Mr.. Dean. He contend
ed that the law banning Govern
ment employees from local and
State Offices, stemming back to an
original act Of 1888, is unconstitu-
tional.
This, he said, is because Section
80 of the State constitution says,
Every person qualified to vote
shall be eligible to any Office of
the State, or of any county. city,
town or other subdivision of the
State. =.
On the other hand, Mr.. Camp
bell argued, if the court upholds
the law, then the amendment to it
is valid.
Mr.. Green said the amendment
IS special legislation of a type
prohibited by the Constitution.
Holds Statute Arbitrary"
ION the face Of it," Mr.. Green
said, "the exception shows con-
clusively that the statute is arbi-
trary and unreasonable and was
passed purely for the benefit Of
Arlington County"
The amendment declares the
Federal worker ban shall not be
construed: ITO prevent any
United States Government en-
ploye, otherwise eligible, from
holding any Office under the Gov
eminent of any county in this
State having population in ex-
cess Of 800 inhabitants per square
mile according to the last United
States census"
It was this amendment that
was ruled out by Judge Mccarthy.
Mr.. Campbell said the effect
OF the Mccarthy ruling, if sus-
tanned. would be to remove two
other County Board members
Chairman Robert w. Cox, who
works for the Federal Commune
cations Commission, and Daniel
A. Dugan, who worked for the
Labor Department at the time
OF his election.
Replies on "Disruption."
Mr.. Green commented on a
contention by Mr.. Campbell that
disruption and confusion" would
result in Arlington from removal
OF three of the five board mem
bers.
1T nigh be suggested to this
honorable court" Mr.. Green said.
that such disruption and confu-
sion is brought about because of
the incompatibility of holding
Federal Jobs by day and county
jobs by night. The remedy could
very easily be had simply by the
three illegal members resigning
their positions as board members.
But rather than do this, they
are perfectly willing, in addition
to the tremendous tax load and
debt load that they have helped
incur. to continue the disruption
and confusion in the county gov
ernmental affairs-to stay in office
at any cost"
Mr.. Campbell said that if the
high court rules the original law
is invalid. 1t would be immaterial
whether the exceptions to it were
constitutional. But the General
Assembly was clearly within its
authority to enact the exception
he continued, If the act, itself. is
valid,