Evening star., 1953-04-16
Virginia Court
Hears Federal
En1p|o'yIeCas;e
Green Attacks Law
On U. S. Workers
In Local Offices
Special Dispoteh 10 The stor

RICHMOND, April 16.-A
Virginia law that permits only
those Federal empolyes whc
work in Washington to serve or
school boards is contrary to q
constitutional ban against Spe-
cial legislation, the Supreme
Court Of Appeals was told today
ut isl said Arlington. at
torney John Locke Green, "about
as special as the law could be
written"
Mr.. Green was arguing in
support of an Arlington Circuit
Court decision that disqualified
three of the county'S school
board members who work for
the Government in Washington.
But Attorneys James. H. Sim
mondS of Arlington, and Armis-
tead L. Boothe of Alexandria
contended the General Assembly
has removed restrictions against
all Federal workers on school
boards.
They said language applying
the exception only to those Gov
ernment workers employed in
the District of Columbia was
inadvertently" left in the law in
1912 and has no meaning.
Different Views.
''In other words" he said,
"only employees of the Federal
Government engaged in the de-
partmental service in Washing
ton could act as school trustees,
and Government employees living
in Arlington, who happened to
be working at Fort Myer, which
is located in Arlington or Ar
lington Hall or the Pentagon
Building, would be incapable of
holding Office as school board
members.
They must work in Wash
ington; nothing else will do.
ITO put it another way. if
they worked in the departmental
Offices in Washington and were
eligible under the aforesaid
statute, and removed their en-
ployment to Fairfax County,
they would Immediately become
ineligible to hold Office"
More than SAT million in
school construction bonds are
tide up, pending outcome of the
appeal. On January q, Judge
S. DuVal Martin of Lynchburg,
sitting in Arlington, upheld Mr..
Green's challenge.
Judge Martin held that the
law makes an unreasonable and
arbitrary classification by sin
Cling out some Federal employees
living in Virginia.
Three Are Affected.
Affected by the ruling are
Chairman Barnard Joy and E. r.
Draheim, both of the Depart
ment of Agriculture, and Warren
Cox of the Federal Housing Ad-
ministration. Their attorneys
said:
"The Virginia Legislature has
determined that there is no
incompatability between Federal
employment and service on a
school board and the courts
should not upset this legislative
determination"
They also said, "Since that
time, many sincere citizens OF
Virginia, who earned their liveli-
hood in Federal employment,
have served faithfully on school
boards throughout the State. At
the present time there are at
least % such school board men,
bers in IA different political SUBJ
divisions scattered throughout
the Commonwealth"
The question of "incompata-
bility" ties in with a Supreme
Court decision on a 165-year-old
law won by Mr.. Green last
September. In that case the old
law. placing a ban against
Federal employees serving in
State and local Offices, was up
held. At the same time, one of
the exceptions to that ban,
designed to apply to Arlington,
Fairfax and Alexandria, was
thrown out as special legislation
and three Arlington County
Board members were unSeated.
Another Law Cited.
Mr.. Boothe and Mr.. Simmonds
relied chiefly on another statute
which lists those who may not
serve on school boards.
Up until 1912, they told the
court in their briefs. the law
began: mo Federal, State OF
county officer :" could serve
on the boards. Certain excep-
tionS were listed, including
clerks and employees of the Fed
eral Government in Washington
or officers and employees of the
District of Columbia"
In 1912, however, the Genera
Assembly re-enacted this law
with Senate amendment which
deleted the word Federal" from
the opening sentence.
Although the exception fol
Federal and District of Columbis
employees inadvertently remained
in the law. Mr.. Boothe and Mr.
Simmonds argued, this languag,
ceased to have meaning becaus,
the ban against Federal employs
generally had been removed
They cited a decision:
"Such inadvertenceS are no
infreQuent in legislative enact
mentS and have been considere,
and construed by the courts. Sucl
mistakes are generally construet
as surpluSage and harmless"
Others, areas affected by tn
appeal include Falls Church
where six Of the seven member
work for the Government, ant
Alexandria. with two Govern
ment-emp1oyed board members
Fairfax County also had tw,
vroaV,o have offorfod hut fhax 20