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Hanes v. Fox
Citations: 196 Va. 51; 82 S.E.2d 495; 1954 Va. LEXIS 200Docket: Record No. 4210
Court: Supreme Court of Virginia; June 21, 1954; Virginia; State Supreme Court
Tracy N. Fox was arrested on November 2, 1952, based on a warrant issued by Stanley B. Hanes, Police Justice of the Town of Herndon. Fox challenged the warrant's validity, arguing that Hanes, being a U.S. employee, was ineligible to hold the office of Police Justice under Virginia Code § 2-27. The appellants, Hanes and the Town of Herndon, acknowledged Hanes's federal employment but claimed he qualified as a "clerk" under § 2-29(10), which provided an exception to the disqualification rule. The lower court recognized that Hanes was a "clerk" as defined by § 2-29(10) but deemed this exception unconstitutional as special or class legislation, thus invalidating his position. This ruling effectively removed Hanes from office. However, upon appeal, the court referenced its prior decision in Joy, Draheim and Cox v. Green, which upheld the constitutionality of another exception within § 2-29. The court concluded that the exception for federal clerks serving in local offices was constitutional, reversed the lower court's decision, and ordered that Fox's petition be dismissed, reinstating Hanes as Police Justice.