Evening star., 1953-09-05
Arlington Bonds
Upheld as Valid
In Spite Of Suit
County Delegation
Gets Ruling From
Attorney General
Special Dispatch 10 The Sior

cPeCtoI 6lSPoICU 70 bUS Siot
RICHMOND, Sept. 5.-Vir.
ginia's attorney general ruled to-
day that a proposed $2.5 million
Arlington County school con-
Struction bond issue would be
valid regardless of the outcome
of a suit against three members
of the county school board.
j. Lindsay Almond, jr., at
torney general, answered a re-
quest by James H. SimmondS,
attorney for the Arlington school
board, for a formal opinion. Mr..
SimmondS was among a siX-:nan
delegation that came here Mon
day seeking State aid in selling
the bonds authorized by the
voters last year.
A series of suits by Attorney
John Locke Green, challenging
the right Of three Federal en-
ployes to serve on the school
board, has had the effect of
holding up the purchase Of the
bonds by financial houses. The
latest such suit, in which Mr..
Creme is counsel, has been
brought by Attorney Miles
Spence Bray against Barnard
JOY. E. r. Diaheim and Warren
Cox. ..- ...-
Precedent Expected.
The Arlington delegation
armed with Almonds opinion
now plans to ask the State
treasury board to authorize the
purchase of the bonds by the
State Retirement Board.
However, it has been the poll
Icy ef the two boards to deal
directly with bond dealers and
an exception would have to be
made in Arlington's case. Such
an exception might set a prece-
dent for all towns, cities and
counties in Virginia to make
similar requests.
Trustees of the retirement
fund have said in the past that
they had to be particularly
cautious in investing the trust
funds because the money does
not belong to the State of Vir-
ginia but to State employees who
are members of the retirement
system.
The Arlington crisis stems
from the county's inability to sell
the bonds to continue construc-
ton Of five new schools and ad-
ditions to four others.
Two Attorneys Sued.
Two weeks ago the school
board filed $700, 900 damage suits
against Mr.. Green and MI. Bray,
charging them with abusing the
legal process.
Mr.. Almond noted today that
on July "a, 1852, in an opinion
to William J. HaSsan, Arlington
Commemorative attorney, he
had dealt with similar situa-
ton.
At that time Mr.. Almond ruled
that, regardless Of the decision
Of the Court of Appeals on the
question Of the validity Of the
code section under which certain
members of the County Board
were holding Office, they were
at least de facto officers and their
acts would be as valid as if they
were de jure officers.
I'm the instant case" Mr.. AL
nond wrote today, II am con-
vinced that members of the School
Board whose qualifications are
questioned are at least de facto
officers, and that their actions
with respect to the bonds in
question would be upheld by the
courts Of this State.
Confident in Validity of Action.
GAS you know, the de facto
doctrine is based upon principles
of public policy and is deemed
essential for the protection of
those who have business with
public officials.
while have been unable to
find a decision of the Supreme
Court of Appeals of Virginia
bearing on the specific points
raised, it is my belief that our
could would follow the weight of
authority on this subject and
sustain the validity of the action
of these officers taken prior to
an adjudication that they were
ineligible to hold Office"
The six-man delegation that
visited Gov. Battle last Monday
was comprised of State Senator
Charles r. Fenwick, Delegate
Maynard Magruder; Harrison
Mann, Democratic nominee for
the House of Delegates; Edward
Rutter, superintendent of
schools: Delegate George Damn
and Mr.. Simmonds.
I'VE expect to exhaust every
means of being helpful" Gov.
Battle told the delegation. But,
of course, we cannot consider
the use of any State funds for
this purpose unless, in the opin-
ion of the attorney general,