Evening star., 1953-01-14
Green Suit
May Affect 7
In Alexandra
Challenge Of Right
Of U. S. Workers to
Hold Posts Involved

Hold Posts Involved
A suit challenging the right Of
Federal employees to hold Office
on the Arlington School Board
may materially affect the quail
f1cations of two Alexandria
Planning Commission members,
the City Council has been
warned.
City Attorney v. Floyd Will
liams submitted a memorandum
to the Council last night on an
Arlington Circuit Court suit by
John Locke Green challenging
the qualifications of three coun-
ty School Board members who
work for the Government.
Two of the Alexandria Plan
ming Commissions seven mem
bers also are Federal employees.
They are Leroy E. Peabody with
the Interstate Commerce Com
mission and Everett Weitzell Of
the Rural Electricification Ad-
ministratlon.
To Be Heard January 27.
The Arlington suit is sched-
uled to be argued in that coun-
tvs Circuit Court before Judges
DuVal Martin of Iynchbllrp on
January 81.
Last September the Virginia
Supreme Court of Appeals up
held Arlington Circuit Judge
Walter T. Mccarthy and Mr..
Green in ruling that a general
law prohibiting Federal employees
from holding local Offices is con-
stitutional. The high court also
agreed hat an exception to this
law, based on population and
applicable to Arlington and
Fairfax Counties, was unconsti-
tutional.
The effect of the ruling was to
remove three Arlington County
Board members.
The new suit by Mr.. Green
challenges another section of the
State law which permits Federal
Government clerks" to serve on
School Boards.
But Mr.. Green says the State
wide ban which the Supreme
Court has upheld also figures in
his latest action. He challenges
an exception which. in effect. has
been construed in the past as
permitting Government clerks"
to hold local Offices in cities and
towns. Basis for this construc-
ton is language in the State
Constitution which empowers the
General Assembly to set up spe-
cial forms of government in
cities and towns different from
the counties.
Definition Of Clerk. Il.
Mr.. Williams indicated the diff
f1culty of determining what
actually constitutes the legal
definition of a clerk" by observ-
ing that it is conceivable a court
ruling may have to be made in
cases where an officeholder's
Federal job classification is in
doubt.
In any case, the city attor-
ney believes, the acts of any city
officials who may later be re-
moved, will be considered to be
valid. Arlington Circuit Judge
William D. Medley ruled on
this point last year when he held
that even though the three Ar
lington County Board members
might subsequently be removed
(Which they were). their official
actions until the time of their
removal were valid.
In his memorandum last night,
Mr.. Williams said he was not
considering the status of the
Alexandria School Board be-
cause that department has its
own counsel. One of the School
Board members works for the
District government.
Defers Relief Act Ruling.
The council deferred until its
next meeting a discussion look
ing toward the eventual repeal
of the Soldiers and Sailors Re-
lief Act, which, members said.
had resulted in Alexandria's los
ing $45.000 in potential revenue.
City Manager Ira F. Willard said
the law, which exempts service
men temporarily stationed away
from their home States from
payment of local taxes and fees.
cost Alexandria $37, 900 last year
in personal property taxes and
$4,000 in other revenue.
The council approved a recon-
mendation of the Planning Com
mission and the School Board
for construction of a new ele-
mentary school on the west side
of Commonwealth avenue north
of Reid street, adjoining the city
dump.
Mayor Marshall j. Beverley
said the council will soon enter
into negotiations with the own
ers of the 6-acre property, but
added that the present SIS 500
an-acre price seemed too high.
A special use permit to allow
the Sun Oil Co. to construct q
filling station on Seminary road
was granted over the objections
of Warren H. Reynolds, a vestry-
man of st. Clements Church.
Mayor Beverley set February
8 as the date for a public hear
ing on IA rezoning applications.
including one for an open-air
theater.
Grants Widows Pension.
The council granted the widow
of Alexandria Policeman Wesley
Shoots a monthly pension Of
$3.50. Corpl. Shoots. a police
officer for % years, died Janu-
ary 4. The council deferred ac-
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