Evening star., 1953-07-16
Arlington toAsk
State Aid for
School Funds
Boord Acts to Avoid
Further Delay if
Green Renews Suit

Inc Arlington School Board
has decided to seek a literary
loan fund to proceed with its
construction program.
The way was cleared by the
Virginia Supreme Court at Rich
mond yesterday for the board to
sell on the commercial market
approximately $2.8 million in
bonds tied up through litigation
brought by Arlington attorney
John Locke Green.
But Mr.. Green had said be-
fore yesterdays Supreme Court
action that if the court ruled
against him, he would file an
other suit His action, if taken,
would again prevent the board
from selling its bonds on the
commercial market.
The board was told last night
by Superintendent Edward Rut-
ter and Assistant Superintendent
Edward j. Braun that construc-
tion funds might be obtained
from the State.
Talks With Officials.
Mr.. Rutter said he and Mr..
Braun had discussed the liter
ary loan proposal informally
with State officials and are hope
full that the State Board of Edu-
cation. State Retirement Board
and Investment Board will ap-
prove the plan.
Mr.. Rutter said the board
would apply for a literary loan
fund of $2.5 million. Under
State law. he said, the Retire.
ment Board is authorized to
accept the boards bonds, make
the money available to the
literary loan fund and thus to
the School Board.
If these steps are carried
through, the threat to compile
tion of Wakefield High School
and other projects would be re-
moved, the board believes. The
County Board was to meet at S
o'clock this afternoon to con-
slider indorsing the School Board
application.
Green Petition Denied.
The Supreme Courts action
yesterday was a denial of a
petition by Mr.. Green for re-
hearing of his suit to oust three
Federal employees from the board.
Four of the seven justices we're
present for yesterdays special
session.
Mr.. Green was asking re-
hearing of a Supreme Court
decision against him last month.
The court took under advise
ment an appeal from decision
of the Fairfax Circuit Court.
The lower court had ruled that
a referendum on an $11 million
school bond issue for Fairfax
County school construction was
legally held.
Mr.. Green was petitioner in
both cases.
Yesterdays hearing was an
other part of Mr.. Green's battle
to force Federal employees out
of local Office in Arlington.
Exception to Law.
Virginia has had a general
ban against Federal employees
holding local Office. One of the
exceptions to this ban, however,
authorized service on the School
Board by clerks in the depart
mental service in Washington"
The Arlington Circuit Court
upheld Mr.. Green in the School
Board case, agreeing that the
section was special legislation,
discriminating against Federal
employees working outside Wash
ington.
Mr.. Green said this was special
legislation, which is banned by
the State constitution.
In it's June ruling, the State
Supreme Court said this pro-
vision was reasonable and not
the type of legislation banned
by the constitution.
After this decision was handed
down, Mr.. Green asked for a re-
hearing of the case. He agreed
that the court had met one ar
gument against service of Fed
eral employees on the School
Board.
Mr.. Green contended in his
brief submitted yesterday, how
ever. that the three Federal en-
ployes on the Arlington School
Board are not clerks" but
high policymaking Government
officials.
The board members are Bar
nard Joy and E. R. Draheim.
both of the Agriculture Depart
ment, and Warren Cox of Fed
eral Housing.
176 Rove n Co IN Cnmn