Evening star., 1952-05-06
Chaos in Arlington

1t is reaSSuring to learn that in invalidating
the State law which permits Federal employees to
serve on the Arlington County Board the Circuit
Court does not contend that such service is
necessarily evil. What Judge Mccarthy has done
Is to rule that the act in question is unconstitu-
tional because it is special legislation" If the
State Supreme Court of Appeals should concur
In this view, the only remedy for the resultant
chaotic situation would be general legislation"
to permit Federal employees to serve on local
boards anywhere in the State. But that remedy
will not be available until the General Assembly
meets again two years hence. And there is no
certainty that the Legislature would approve
such law.
. Judge Mccarthy upheld the argument of
FORMER Arlington Treasurer John Locke Green
that the act excepting Arlington County, Alex
andria and Fairfax County from the general ban
on the holding of local Offices by Federal
employees was discriminatory legislation of the
type forbidden by Virginia's constitution The
exemption act, passed in 1929 applied only to
counties having a population of more than 800
persons per square mile At the time of passage
Arlington County was the only county with such
4 population density. Several other counties
have qualified for the exception since then.
Alexandria and Fairfax County were added to
the privileged areas by an amendment in 1850
giving cities or counties adjoining an excepted
county the right to elect Federal employees to
local government posts.
The courts ruling leaves Arlington in
state OF startled uncertainty. With three members
Of the County Board affected by the Mccarthy
opinion, the validity of any actions by the
remaining two members will be in doubt This
IS matter of much concern in view of
pending bond issues for capital improvements,
not to mention routine county business that
NaH1Afh he han % Ao~
as to the validity Of past actions of the board,
however. Lawyers pointed to court decisions that
acts performed by "de facto" officials are
binding, even though the officials later may be
found to have been in oface'illegally.
Arngtons present difficulties may be
traced back to the early daySsof the Republic,
when the States had real fear of domination by
Federal authorities. The Virginia Assembly in
1887 sought to protect Virginia from such Federal
invasion of the State and its rights. It passed
q law prohibiting Federal officials or employees
from holding any Office - State, county or
n1unicipal-in the State As Judge Mccarthy
pointed out the idea behind this act was the
biblical maxim that mo man can serve two
masters" The ban was lifted after the Civil War
but was re-enacted in 1919 by the General
Assembly in this strong language: "No person
shall be capable of holding any Office or post
mentioned in the preceding act covering State
and local of1ces) who holds any office or post of
profit, trust or emolument, civil or military,
legislative, executive or judicial, under the
Government of the United States or who is in
the employment of such Government or who
receives from it in any way any emolument
whatever"
Attorneys for the Arlington County Board
argued in vain that the State constitution itself
outlaws the Federal-employe ban when it accords
to all persons qualified to vote the right to hold
office in Virginia.
Whether the status quo of the present board
can be maintained legally pending State Supreme
Court action was being debated by lawyers today.
If not the Circuit Court is in position to help
the county solve its governmental problem by
appointing temporary successors to the three
members removed by the court Yet to be solved
would be the question of how many members of
the board would have to be chosen in the forth
coming election-and what their fate would be
in the event the States highest court restored
the ousted trio to their posts. And doubt also is
cast on the legality of services of Federal en-
ployeS on governmental bodies in Alexandria,
Falls Church and Fairfax. That the whole out
look is extremely muddled is an understatement.