Evening star., 1952-05-06
County Officials
Study Ruling on
Board
Suit to Gust Dean
As Member Upheld;
Applies to 2 Others

Arlington attorneys and officials
today were studying the immedi-
ate and potential effects of q
momentous Circuit Court decision
banning Federal employees from
the County Board.
Attorney Edmund Campbell
said he will ask that the decision
be suspended while an appeal Is
taken to the State Supreme Court.
The order carrying out the deci-
sion has not yet been signed.
Yesterdays decision by Judge
Walter T. Mccarthy specifically
upheld suit to oust Board Mem
ber Alan L. Dean. Attorneys for
both sides agreed that the deci-
sion also would apply to Board
Chairman Robert w. Cox and
Daniel A. Dugan, who was en-
|ployed by the Department Of
Labor when he was elected in
1850.
Will Delay Bonds Sale.
One effect of the suit. attor-
neys said. will be to delay the sale
of county bonds. Scheduled for
sale were $2.5 million in school
bonds and $882. 900 for parks and
Fairgrounds. No date had been
set for the sale.
The school bonds would finance
construction of Wakefield Junior
Senior High School. for which a
contract was awarded last week.
The funds also would help pay
for three school additions.
The suit was brought by Attor.
ney John Locke Green, who was
defeated for reelection as County
Treasurer last November. Mr..
Green represented six taxpayers,
Rocco Paolicelli. Howard w.
Sharpe, Harvey A. Williams, Eli
Luria, Raymond A. Miller and
James E. Millar.
Defense attorneys were Com.
monwealth's Attorney William j.
Hassan. Mr.. Campbell and Law.
renee Douglas.
May Affect School Board.
Mr.. Green contended that the
suit also applies to the School
Board. but Mr.. Campbell said he
believes that a State law not
touched by yesterdays ruling
would permit Federal employees to
remain on the School Board. The
three Government workers on the
School Board are Barnard Joy.
Chairman Edwin r. Draheim
and Warren Cox.
The ruling Immediately opened
the question of the validity of the
boards actions. Although Mr..
Dean did not take office until
January l, he succeeded another
Federal employe, Mrs. Florence
Cannon, who works for the De.
partment of Defense.
MIR. Dugan has served on the
board continuously since 1947. Mr..
Hassan said the first Federal en-
Iploye to serve on the board was
Fred A. Gosnell. ST., in 1882.
The CommonWealth's Attorney
said there is a provision in State
law making actions of board
members legal, although their ap-
pointment or continuation in Of
flee may have been illegal. This Is
covered, Mr.. Hassan said, in Title
2 of Section 33 of the State Code.
NOn-Partisan Majority.
The three board members af-
fected by the decision form the
non-partisan majority on the five
member board. The other mem-
bers are Alfred E. Frisbie, Demo-
crat, and Robert A. Peck, Repub-
llican.
Vacancies on the board are
filled by the Circuit Court judge,
Mr.. HaSsan said.
The Hatch Act permits Federal
employes to participate as non-
partisan candidates for Offices in
Arlington and other nearby areas.
Civil Service Commission Of
ficials have pointed out, however.
that the act cannot guarantee
Federal employees the right to
serve in Office if a State says
otherwise.