Evening star., 1952-06-21
Court Weighs :.
Sermon as Basis
For Contempt
Motive Attributed
To Judge Is Crux
Of Arlington Case
By Alex R. Preston

Vt Arlington NoSe
By Alex R. Preston
An Arlington minister's sermonl
which criticized a Judge after al
controversial ruling was being
studied today as possible grounds
for contempt.
Judge j. Hume Taylor sought
to determine whether the Rev.
Ross Allen Weston Of the Unitar-
ian Church attributed improper|
motives to decision by Judge
Walter T. Mccarthy of the Arling-
ton Circuit Court.
Judge Taylor. who left NorfoIk's
Law and Chancery Court to sit on
the Arlington hearing. took the
case under advisement late yes
terday afternoon.
The jurist indicated he expected
to dispose of the case before July
l. but if not. it would be after
September z when Mr.. Weston re-
turns from vacation. The defense
told the court the minister need
not be present. but Judge Taylor
said. II would rather have him
here"
What I am interested in is
whether you have a right to say
that a judge is motivated by any,
thing other than a desire to car
ry out justice" Judge Taylor said.
Right to Disagree.
There's no dispute here about
your right to disagree with the
courts decision or that you can
criticize the judge, himself"
Mr.. Weston admitted, through
counsel, that in his sermon Of
May 18 he said:
Finally, and most important of
all, we must be alert to the en-
lcroachments on the freedom Of
persons. The stealth, the intrigue
land the wicked designs of the IL
liberal are a constant menace.
They leap at us from the left,
waving the most impressive anti
Fascist banners; or they creep
upon us from the right, clothed
in the most innocent garbs.
i Sometimes these forces are
clothed in the gowns of the jus
tices Of the law. I refer, of course,
ito Judge Mccarthy and his re-
cent decision in the Dean case
that employees of the Federal Gov
ernment cannot hold Office in Ar
lington County -
i Ruling Made In Dean Case.
Judge Mccarthy had ruled in
a case against Alan l.. Dean, mem
ber of the County Board, that a
State law prohibits Federal en-
ployes from holding certain State
land local Offices. An amendment
Excepting Arlington from the ban
violates the State constitution,
Judge Mccarthy found. The case
has been appealed and the State
Supreme Court indicated yester-
day that it may rule at its Sep
tember l session.
Mr.. Weston in his sermon also
said: What has Judge Mccarthy
accomplished by his decision?
Has he strengthened the pillars
of democracy in this Nation? Has
he deepened the roots of our civil
liberties? Has he contributed to
the growth of freedom when free
dom is being attacked everywhere
. in the world today? No.
HE has segregated a group o1
our citizens-our Federal en-
ployes. He has taken away their
civil rights and he has made
them into second-class citizens
He has classified them with
idiots and felons who are in
capable and unworthy to hole
Office in Virginia. We have enough
social evils in this land today
discrimination against the Ne
, Igroes, anti-SemitiSm - without
: adding to them the segregation o1
, Federal employees.
II do not know Judge McC Carthy
= and therefore I. am not in a posi-
tion to judge his personal quail
f1cations for holding the distin.
guished Office that he does. Yet
+ I have no doubt about his in.
tellectual integrity or his menta
S honesty. I am sure that he is al
honorable man.
9 Appointment Due to Byrd.
:: But do know that judge
4 Mccarthy holds his present ofic
q by virtue of appointment by ,
State Legislature which is unde
the domination of Senator Byrd
Furthermore, I know that Judg'
Mccarthy possesses the power tt
fill vacancies when they occu
on our County Board. I also know
that if Judge McCarthy's deci
sion is sustained, it will creat'
= vacancies on the County Board.
"Is the judge who creates tn
vacancies by his ruling the mai
: who should fill those vacancies
I do not think so. Thus I an
forced to the conclusion tina
t Judge McCarthy's decision coin
}. cides with the interests of tn
Byrd organization It is true
S isn't it, No man can serve tw'
t masters'?"
e These portions Of the sermon
were read aloud by Common
a wealth's Attorney William j. Has
S san. The excerpt from the tex
= Of the sermon was contained in ,
: press release which was obtained
: by subpoena from the Washing
e ton Post.
Mr.. HaSSan discounted the valu,
a Of that portion of the sermon re
IfnrriY1o IN TiIdOo NFrfVo vf1,v, &c a,