Evening star., 1953-01-28
Judge Orders
U.S.. Aides Off.
School Board
Arlington Members
To Appeal Decision
On Green's Suit


School board members in
Alexandria, Falls Church and
Fairfax County are watching
closely a pending appeal of an
Arlington Circuit Court decision
ordering the custer of three
members of the Arlington School
Board because they are Federal
employees.
Judge S. DuVal Martin Of
Lynchburg Corporation Court,
sitting in Arlington Circuit
Court, yesterday upheld the con-
tention of Attorney John Locke
Green that a law of 1928 Is un-
constitutional. The law author
lied Federal employees of the de-
partmental service in Washing
ton to serve on Virginia local
school boards.
Judge Martin held that the
law was unreasonable because
it applies to only some of the
Feedral employees in the State.
and not all of them.
Effective Date Postponed.
The effective date of the or
der was postponed for so days,
pending appeal Of the decision.
If an appeal is taken to the
State Supreme Court within
that period. execution Of the or
der will be delayed until tho
higher court rules on the ques-
ton.
Affected by the decision are
School Board Chairman Barnard
Joy and Board Member Erwin
R. Draheim. both employees Of
the Department Of Agriculture,
and Warren Cox of Federal
Housing Administration.
The other two members Of the
States only elected school
board are Mrs. Elizabeth Camp
bell. wife of Edmund D Camp
bell, a candidate for Congress
from the 10th district last Mo-
vember. and Curtis E. Tuthill.
psychology professor at George
Washington University.
In Falls Church five members
of the School Board are Federal
workers. Alexandria has two
board members who work for the
Government. and Fairfax Coun-
ty has the same number.
Law Specifies "Clerks."
The two cities permit Federal
employees to serve on their
school boards under a law au.
thorizing such service by clerks"
in the Federal Government.
Alexandria City Attorney v.
Floyd Williams said yesterdays
decision may open the way for
a legal attack on this provision.
One of the questions raised by
the decision is whether legal &C.
ton against a proposed $11 mill
lion school bond issue will be
taken in Fairfax. County resi-
dents will vote on the issue Feb
ruary 3.
In the past, special legislation
has been invalidated by Virginia
courts in cases where laws ap-
ply to certain counties or cities.
Mr.. Williams said that the law
permitting clerks" to serve
might be construed as special
legislation for the benefit Of Q
special class of employees.
Rothwell Lillard, attorney for
the Fairfax County School
Board. said the order would
have no immediate effect. but he
wants to take a long, hard
look" at the decision.
John A. johnson, chairman Of
the Falls Church School Board,
said the question had never been
raised formally and If it were the
city attorney or an attorney re-
tanned by the board would DO
asked for advice.
Judge Martin, in his decision,
upheld validity of a Virginia law
passed in 1888 banning Federal
employees from holding local or
State Office. He did not rule on
whether the 1888 law or the 1928
law would take precedence II
the later law applied to all Fed
eral employees in the State.
A suit brought by Mr.. Green
last year under the 1888 law re.
suited in the custer of three Fed
eral employees from the Arlington
County Board.
Mr.. Green, an independent Re-
publican, is a former county
treasurer. He was defeated in
his bid for reelection in 1851
and within a few months he had
started his legal moves against
the Federal employees whom he
- al r. Ia