Evening star., 1952-06-10
Arlington Jobs
Argued in State
Supreme Court
U. S. Workers Right
ToHoId County Office
Challenged by Green
By Alex R. Preston
Stor Stoff CORRESPONDENT

Dv Alex x. PRESTON
S'or Sioff Correspondent
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,"
Calls Policy Dictated"
"In 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.
In doing so they have their
own organization of Federal en-
ployes and their policy is influ-
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 excepts 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 cClitend-
ed that the law banning 0overn-
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. 80"
On the other hand. Mr.. Camp
bell argued. if the court upholds
the law. then the amendment to 1t
is valid.
Mr.. Green said the amendment
is special legislation of a type
prohibited by the Constitution.
Holds Statute Arbitrary"
"On the face of it," MIR. 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
ernment of any county in this
State having a population in ex-
cess of 300 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.