The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-14
STILL FIGHTING
OVER ANNEXATION |. !
Two Days More Of Argument
Necessary to Complete the
Hearing
MR. Mr. ANDERsoN's SPEECH.
City Attorney Pollard Will Take
Up Discussion at Courts
Session Today.
ANDERsON's SPEECH.

TWO days more of argument will be
necessary TO complete the hearing of tho
annexation case, now dragging slowly to
It's conclusion in the lHenrico Circuit
Court with Judge Garnett, of Mathews,
on the bench. The decision Of the court
may be known by Thursday or Friday or
this week. Four lengthy speeches nave
already been heard, and NTH VIII be
completed this morning, leaving two
others to consume the Remainder Of the
time.
!. The scene Of the hearing was shifted
again Yesterday, when the court moved
from the state Library building to the
City Hall, where 1t took up quarters IN N
the Street Committee room. Few seized
the opportunity to come within tho spell
of learned discourse. The arguments arc
technical to the last degree, and the
room was practically deserted save for
the group Of lawyers inside the bar.
Two or three people personally interested
in the outcome dropped In from time TO
time, but for the most part the heavy
weight speeches were too much for the
common run Of visitors. Tho very ap-
pcarance Of lifelong tables In the room
strewn with about one hundred and fifty.
books in shecpskin, with the attorneys
digging ndustriously into the pile from
different ends, was enough to appall any
man who stuck his face through the
doorway.
Braxton Concludes.
During the day Mr. A. c. Braxton, OF
Staunton, who Is associated with Mr.. L.
o. Wenderbuig. Commemorative attor-
ney Of Henrlco county, In opposing the
annexation measure. concluded his argu-
iment. and Mr.. H. w. Anderson. repre-
senting the Dooley interests, began his
speech. At 6 P. NJ. Mr., Anderson had
not finished, and at that hour court adj
journed until this morning, when Mr..
Anderson will resume. He will be fol-5
lowed by Mr.. II. r. Pollard. city attor-t
'neyS OF Richmond, In favor of annexation.
The last speaker will be Mr.. Frank
Christian, who is associated with Mr.
Anderson
The speech Of Mr.. Braxton covered the
entire GROUND. attacking the constitutions
nlity of the law and citing numerous au-
thorities in support Of his content ton.
Mr.. Anderson spoke along the same gem
eral line. He pointed out the funda-
mental distinction between tho judicial
and Legislative departments of govern
ment, and discussed the nature and his
tory Of municipal corporations in respect
of their relations to the courts and the
General Assembly. Mr.. Anderson as
sailed the annexation act on the ground
that 1t delesa ted to the courts a power
that was essentially legislative.
The dlvislonEof the State into county
and city governments, he declared, was
n legislative function of the highest and
most important character. There was
no difference OF principle between the
incorporation OF q city and the extern
sion of the lines Of a city already In
corporated. He cited case after case to
show that the courts of the land have
held both to be functions peculiarly leg
lislative, which could be delegated only
to subordinate legislative bodies, such as
local boards or city councils.
At the Proper Time.
I'LL ether or not the Legislature had
the. right to delegate this power to the
Council of Richmond Mr.. Anderson did
not attempt to say. This question. no
said, had not arisen as yet, and he would
answer it at the proper time IL 1t did
arise. For tho present he confined his