The times. [volume] (Richmond, Va.) 1890-1903, 1899-09-21
Interesting Triangular Fight in Spot
syIyania and King George,
THE ISLE OF WIGHT FACTIONS
State Committee VIII bc Asked 10 DC
signate the True Nominee-Mah-
chester Talk of Annexation.
Grimes Battery Claim.

mating DAVID >. fOiloOhi P
tions endorsing the Senatorial canaiua'y
Of the Governor and instructns the ho"i'-
nee to vote for him.
INTER PARTY RIVALRY.
Great interest attaches to the Triangular
Democratic contest in Spotsyiyania ana
King George counties. Among the three
candidates for the House nomination u
co,ts,n Dan Lee. brother to General
F,,zhugh Lee. 1t is predicted that none
~, tho contestants will receive enough
va g., Invention 10 elect and that the
,.,i.,,tor vim go TO dark horse, "ho'
bouever. Is not named aloud. 9ol"o III
Ger, f. felt over the fact that Nep-.
can will be In the field. me oei''o' g.,
however Il Is believed, VIII get 'os 80.
before the final day, and eject wiz, -
their nominee may be by saie NJ NJ,
Will. APPEAL TO coSiNil -, -
coia,at y II Bovkln. OF Isle Of Wight
-. US ip The city on private busi-
ness Yesterday morning. lie said '"'1
he had been so busy with private court
matters that he had not given any atteh-
tion 10 politics for some time
The uolitical situation in his county IS
stW I'm an unsettled condition. he SAID
and the state Committee at IT'S meeting
ON the 18th instant will be asked TO
designate the real and proper candidates
for both the House of Delegates ana the
state Senate.
Col Boykin IS a State Senatorial can
didate TO succeed himself, and Is an IN
aueutial adherent of the Martin wing
His nomination for the Senate recently
caused a split in the convention, and an
other meeting was held at which Mr.
VIM Stands was placed in nomination
The state Committee will be asked 10
name which Of these two gentlemen Is
the legal candidate.
BILL TO ANNEX.
There has been much talk during the
past few DAYS about the annexation OF
Manchester 10 Richmond. In view OF the
new census, and tho fact that the Man
chester people are anxious 10 get into The
fold with Richmond the next Legislature
may be asked by the TWO cities to 90
something for them I'm this matter
The population OF Manchester is aboHt
l2.Oo0. which added 10 Richmond S $3.50
would place Richmond as the second city
in the South
Members Of the City Councils Of both
cities have expressed themselves entirely
favorable 20 the proposition, and there
Is 10 NUADk AilAA lilt LIB i1AdAuAt VIII 60
upon the suggestion Of the two cities
The opinion of Attorney General Mon
tague In the case OF the Grimes Battery
claim for service rendered at ocean View
during the recent yellow fever epidmic az
the Soldiers Home. Is Of much interest
and importance. The text Of the opinion,
as presented 10 the Auditor. follows;
ATTORNEY GENERALS OPINION
Richmond, Sept "a, 1889.
Col Morton Marye, Auditor Public Ac-
counts.
Slr:-I have been unable 20 consider
earlier your recent reference or the ac-
count Of Battery G. 1st Battalion Artillery,
in the sum OF 81 1854 50 and your request for
my opinion as 90 your authority 10 pay
the same.
The order calling forth the Battery OF
Artillery is issued by the mayor OF Ports
mouth 20 the cOmmandant OF the Battery
and commands the same TO parade at
ocean View. Va. on the lst day OF Au-
gust 1899. then and there TO obey such or
dars as may be given according 10 law
linus YOU will observe that this order
commands the Battery to aid the civil au-
tnorities. not within the territorial Juris-
diction OF Portsmouth. but some nine
miles distant therefr0m. at Ocean View.
I'm the county OF Norfolk. II further ap-
nears that In pursuance Of this order the
battery did very efficiently aid the quar-
antine patrol al Ocean View In prevent
inc the landing Of persons from the nice
ted yellow fever districts in and around
az National Soldiers Home. near Hamp-
ton. r~,,,,,,x,
QUESTION ONE OF AUTtoklI T.
Whether this IS the class or clVli auihoi-
files competent 10 receive the nhiil1ais
aid provided for In the statute - u%iH
,,,, noint OF view. needless 10 consider; for
49,. LARGER question as 10 the authority OF
me MAYOR 10 Issue any order 20 All re-
o,,irlne, the aid OF the military al q pbce
beyond his territorial JurlSui0'i'" ''''7
nrst be disposed Of.
coction geS of the code provides IN Ger
I'd, cases. that lit shall be lawful for the
sberir Of any county. or the mayor OF
any city" 10 call upon the commandaht
of any division. brigade, regiment OF
company" and Il shall be the duty OF
snch officer upon whom such can -
made TO order out. in aid OF the civil au-
thorlties the military force. or any part
thereof under his command what CIV
n authorities are here meant! Maiilest-
lv the civil authorities Of the county OF
such sheriff or of the city OF sucn mayor
The form Of the summons from me
sheriff or mayor 20 The cOmmandai'
which is prescribed in said section, III
terms requires that the reQi-'ed ana
must be given within the county or CITY
OF such sheriff or mayor. Beslles, me
Mayor OF Portsmouth Is functus oIlclo pc
yond the territorial jurisdiction OF us
cifv So likewise are the civil authorities
NJ that city without Law or authority TO
perform quarantine patrol AT ocean view,
a place clearly beyond the territorial Ju-
risdlction OF their city
DID NOT LEGALLY EXIST.
Such so-called civil authorities had no
legal existence az Ocean View. and there
fore there were no civil authorities 10 be
aided by the military. The Sheriff Of
Norfolk county. or his deputy, was alone
authorized to issue an order for such mil
itary aid within his county. and NEITHER
Of them issued such an order or united
in the order OF the Mayor OF Portsmouth
From these considerations 1t seems plain
that neither the sheriff OF a county nor
the mayor Of a city has authority under
our law to order out troops to perform
service in any other county or city within
the Commonwealth, and therefore. the
order I'm question and the services there
under performed are wholly without law
ful warrant. Consequently, IN that both
the order and services are Illegal / am
Of opinion that there are no present funds
m the Treasury available to pay the ac-
count in question,
AS TO the merits Of the claim 1 have
M official concern. That these officers
and men should be paid Tor their services.
performed in good faith | take It no one
viii dispute. But this is the province OF
the Legislature. I have only to construe
the law. and as I understand 1t the dis