Evening star., 1952-02-27
Hopes Dashed
For Retroactive
Arlington Bill
Attorney General
Doubts Device Can
LeeuIize Boards
by Alex R. Preston
sisF sistf eeFFsspehdehl

RASHMONB, FebI STi-Befioub
doubts that the General Assembly
can make retroactive O bill 20
permit Federal employees 10 serve
on The Arlington County Beard
have been expressed by the
state Attorney General.
A suit challenging The right OF
Government workers 10 hold Of
nee on the beard now IA pending
IN Arlington Circuit Court, A bill,
without the validating language,
already has been introduced and
Ia before the House Courts OF
Justice Committee,
A copy OF the bill, but con.
tanning the retroactive language
sought by the Arlington Civic
Federation and the County Board,
was submitted TO Attorney Gen.
eral J, Lindsay Almond, jr" for
his opinion, In q reply to Senator
Charles n, Fenwlek Of Arlington,
Mr., Almond said;
"While ] entertain serious doubt
% to the validity Of the re-
troaetive features Of your bill, y
trust you will understand that II Ia
my hope that members Of the
General Assembly will not require
me 10 depart from the policy Of
refraining TO- render opinions in-
volving matters In pending
litigation"
May Nip Action.
This apparently will forestall
any possible action by the Legis-
lature on that feature OF the bill
introduced by Delegates J. May
nard Magruder and George Damn
Of Arlington.
The bill would give Government
employees the right TO serve on
local governing bodies and school
boards In oil counties.
The law now under attack by
John Locke Green, former Ar.
lington treasurer, was passed In
1880. He contends II was special
legislation prohibited by the Con.
Stitution.
His suit "a directed specifically
OF Alan L. Deane. but probably
also involves Board Chairman
Robert w. Cox, who also works
for the Government. In addition.
Daniel Dugan. another member
was employed by the Government
at the time Of his election.
Mr.. Almond said tho Arlington
Commonwealth's attorney pre-.
viously had sought his opinion,
but. I'm adherence 10 q long
standing policy Of this once" no
reported that he could not render
opinions, "the purport and design
OF which was 10 influence iitlgA.
ton then pending"
Favorable Action Doubted.
Senator Fenwlck said II has
been the policy Of the Legislature
for many years 10 avoid passing
bills which might influence deeis
slons pending In the courts,
Mr., Maarudef said while the
amendment offered by The fedefs
alton has been submitted 10 o.
subcommittee which now has our
bill, 1 doubt whether u will act
faV0fably, In view Of The Attorney
Generals expression
"ffls statement stFehgthehs the
epihi0h expressed 10 me by other
members OF the Courts OF justice
Committee"
Senator FeHwiek declared "Fhe
Attorney General has simply
borne eut my eplnl0n, previously
expressed 10 the federation, that
any attempt 10 include the present
beard members In the lealsiRs
tien would be iRValld
nfn addition, such on attempt
WAuld violate a long standing pol
10y Of the assembly not 70 pass
legislation which might Affeet the
outcome OF pending lItlRAtl0n,"
Meanwhile, a bill 10 validate oil
seheol, sewer, park end play
gr0und bonds issued under Aus
thaTity OF the County Board was
passed by the Senate and sent
10 the House yesterday, spon'
sored by the county delegation
and introduced by Senator Fen.
wick, II Ia designed 10 remove
doubts raised by Mr., Green's suit
over the validity Of recent bond
issues,