Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-03-10
Ruling |mperi|s
U.S.. Workers'iin
Jobs
Fuirfux Court
Gusts Magistrate
In Traffic Case
By Tom Burke

The rights of Federal workers
to hold local offices in Alex
andria, Falls Church and other
Virginia cities and towns were
in jeopardy today as result of a
Fairfax Circuit Court ruling.
The edict is the latest of a
series of Virginia court decisions
unfolding an 18th century stat
"ute banning Government work.
ers from serving in elected and
appointive public offices.
Judge Paul E. Brown Of Fair
fax Circuit Court late yesterday
held that Stanley B. Hanes. 48,
an $11 ,000-a-year division chief
of the Reconstruction Finance
Corp, could not continue to
serve part time as the Police
Court Judge of Herndon. Va, for
which he receives $40 a month.
Judge Brown ruled that an ex-
ceptlon to a law passed in 1887
banning Federal employees from
holding State and local Offices
was special "class legislation"
prohibited by the State Consti-
tuition.
The exception, adopted in
1910, said the Statewide ban
should not be construed "to pre-
vent any United States Govern
ment clerk from holding any Of
flee under the government Of any
town or city"
Arlington Ruling Upheld.
Last September the Virginia
Supreme Court upheld an Ar
lington Circuit Court decision
which threw out another excep-
ton. That exception, applicable
to Arlington and Fairfax Coun-
ties, was based on counties of q
specified population status. and
was ruled special legislation of
a type prohibited by the consti-
tuition.
Subsequently, the Arlington
court ruled that another excep-
ton was invalid. This one was
designed to permit Government
workers employed in Washington
to serve on school boards. The
essence of the court decision in
this case was that this was set
ting up a class within a class.
Among municipal officials in
nearby Virginia who may be af-
fected by the latest ruling, if
upheld on appeal, are Mayor
Charles E. Kellogg and Town
Councilman Samuel E. McCrary,
both of Falls Church, six of the
seven members of the Falls
Church School Board; two
members of Alexandria School
Board, Edward Reed and c. E.
Tomlin; Mayor Louis Moore of
Vienna, and Mayor w. Sven
Elgin of Clifton.
May Hit Planning Unit.
Alexandria City Attorney v.
Floyd Williams said the ruling
may affect two members of the
city planning commission.
Mr.. Hanes said he would ap-
peal Judge Browns decision.
Judge Brown said execution of
his order would be held up pend
ing the appeal.
The decision voided one of IA
exceptions to the old law. The
two other exceptions already held
unconstitutional resulted in the
removal of three Federal workers
from the Arlington County Board
and the threatened removal of
three from the Arlington School
Board.
Judge Brown said the term
"clerk" applied to the bulk of
Federal employees at the time the
exception was adopted. But he
said it excluded such workers as
charwomen, building guards,
lawyers, surveyors, members of
Congress and numerous others.
THAT seems to me to be class
legislation. It's my opinion that
this section is unconstitutional
because it is special legislation, :"
Judge Brown declared.
The suit against Mr.. 1anes
was brought by Marshall Martin,
jr.. attorney for Tracy Fox, 48,
of Herndon, accused of driving
while drunk. Mr.. Martin asked
for a writ preventing Mr.. Hanes
from trying the case. contending
the police judge was holding
office illegally.
After the ruling banning Fed
eral employees from the Arlington
County Board was upheld by the
Virginia Supreme Court, a move
to incorporate Arlington was
begun, based on the belief that
the section ruled on by Judge
Brown would reinstate Federal
workers rights. The move was
defeated in a referendum last
fall.
The issue is acute in Northern
Virginia because more Federal
employees live there than else
where in the State. Various at
tempts have been made to have
the General Assembly repeal the
Statewide ban or enact excep-
tons that would stick for the
benefit of the Northern Virginia
area.
Stem From Green Action.
Both of the earlier decisions
were the result of suits brought
by Attorney John Locke Green
Of Arlington.
Last year the Legislature re-
fused to take up a bill by the
Arlington delegation to strength
en- the law to make more certain
that Government workers could
serve in public Offices. A COM
mittee Of the House of Delegates
killed the bill in line with a
stated policy not to pass on any
proposed law which might affect
pending litigation. The first suit
challenging three members OF
Ar1in0t0n H0I1rtv Poord ho6