The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-16
OLD POINT NOT
A RESERVATION.
Its Uses, Other Than as Fort,
Makes it State Property.
A sQUABBLE OVER THE TAXES.
Chesapeake District Obtains an IN
junction to Compel the Payment
of It's Proportion of The Taxes
Collected for Schools.
A SQUABBLE OVER THE TAXES.
(snocial Dispatch to TIL. Times ,

NEWPORT, NEWS, VA, Dec. 15.-There
is pending in the Circuit Court of old
Elizabeth City county, to be argued either
in chambers or at the February term, one
of the most interesting and unique cases
in the annals of the Virginia courts.
The style OF the suit is chesapeake
School DstrictEvs. Jones. treasurer, ct
ais" The action was Instituted some
two years ago by Hon. Francs Cuusey.
of Hampton, for the purpose OF com
pellng Jesse S. Jones, treasurer OF Eliz-
abeth City county, to turn over to the
-Chesapeake School District its proper
ton Of the school taxes collected upon
certain property upon the United States
reservation at Fortress Monroe. a tenn
porary injunction was secured two years
ago by Mr.. Cnusey, restraining the treas
urer from paying out the taxes collected
for district purposes on the reservation
to the fund for county school purposes.
The present proceedings is to make the in
junction permanent. Messrs. Causey.
Jones and Woodward represent the Ches-
apeake District, and Colonel Thomas Tabb
appears for the defendant
The DmOunt involved is only about 500
a year and there is in hand something
over $500, the collections for the past
three or four years.
TAXES DIVIDED.
The school taxes are divided into three
classifcations Ten cents on every hun
bred dollars worth of property goes for
State educational purposes; ten cents goes
for general county educational purposes:
ten cents is devoted to the district in
which the collection is nude. 1t !, over
the last-named item that the legal fight
is in progress.
In 1926, the State OF Virginia granted to
the United States Government the prop
erty now included in the Fortress Monroe
reservation, embracing, also, the shoal
upon which the RIP Raps, or Fort Cal
houn was built. When the grant was
made. however, it was expressly provided
that if at any time the property was used
for other purposes than expressed in the
grant. it should revert to the Common
wealth.
When the Chamberlin Hotel was erect
ed, the contractors artisans, supply men.
and others. attempted to put mechanics
liens on the structure. The attorneys for
the hotel people argued, when the cDse
came into the Federal Court of the East
ern District of Virginia. that the property
was a part of the United States reserva-
ton, and, therefore, the laws Of the State
did not apply.
A STARTLING DECISION.
Judge Hughes. who was on the bench
at the tine, IIlen NUDE the starting de-
cison that inasmuch as the property had
been used for hotels. wharve.s and other
purposes not expressly stated in the
grant. it had actually reverted to the State
of Virginia. He, therefore, overruled the
objection interposed by the attorneys for
the hotel management md the liens were
duly recorded.
1t was shortly after this decision was
given that Colonel Morton Marye the
state Auditor asting oursthe advice of the
the Acknowledgement Of the State, Major
r. Taylor Scott, one of the most bril-
liant lawyers of the day, directed TINT all
houses on the reservation, other than
those used for Government purposes, be
assessed and taxed as personal property
This order was duly carried out and n
the regular course of things the taxes
were collected and have been collected
ever since.