Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-07
POINT IN LAW RAISED
THAT ALEXANDRIA COUNTY Is
NOT PART OF VIRGINIA.

MI Grdnuai Mackey, commonwealth at
torney for Alexandria county. Va, had not
received official notice when Star reporter
called at his office this afternoon of the
action OF Judge Edmund Waddili in the
United States court In Richmond in issu-
Ing a writ OF habeas corpus In the cases
of James Lafontaine and John c. Nelson
against William H. Palmer, sheriff of Alex
andria county. respondent. Mr.. Mackey,
however. expected to receive due notice as
to the time when the writ is returnable
He thought It would probably be early
next week and stated that he will go to
Richmond to represent the interests of the
county when the matter comes I'D before
Judge Waddill. 49, e.e=1
Commenting on the statement that coun-
sci for Lafontaine and Nelson will, at the
nearing In the United States court, set up
the claim that Alexandria county was re-
ceded to the state OF Virginia by an I'M
constitutional act of Congress and that
therefore, the authorities of the county
nave no right to issue warrants, make ar
rests try cases or to act in any way in
civil or criminal proceedings within the
territory now known as Alexandria county.
MI Mackey said the move is desperate
one, which came in direct conflict with a
plain ruling Of the Supreme Court of the
United States. That court had, he said in
unequivocal terms, decided that no indi-
Vidual could raise the question as to
q part OF the state Of Virginia. The de-
cision. he said was rendered in the case of
r; A. Phillips. large property holder of
Alexandria county, who wishing to test the
question, paid to the tax collector of the
county taxes to the amount of $165 under
protest.
He then brought suit in 1875, alleging that
he had been compelled to make the payment
in order to save his property, and that the
action or the county tax collector was IL
legal because, 1t was alleged In the declara-
tion. the act Of Congress Of 1s48 reannexing
Alexandra county to the state Of Virginia
was unconstitutional.
Demurrer Sustained.
The lower court sustained the demurrer
which was fled and the case was thereupon
taken to the Supreme Court OF the United
States. The Supreme Court, Mr.. Mackey
said. after reciting the facts In the history
of the movements which resulted In the re-
annexation of Alexandria county to the
state OF Virginia, admitted and expressly
stated that the act Of Congress OF July o.
1S46, concerning the transfer was unconsti-
tutional and void.
The court went on to state, however, that
the transfer had been actually made and
that the state OF Virginia had since exer-
cised exclusive jurisdiction and control in
both civil and criminal matters over the
territory Of Alexandria county without In
reference on the part OF the United States
the court held that the state of Virginia.
being in de facto possession Of the territory
ever since, no individual, as stated, can
raise the question of jurisdiction Congress
by many acts, 1t was pointed out In the
language OF the court, had recognized the
transfer as a settled and valid fact, and
that both parties to the transaction were
entirely satisfied.
The court also declared that an individual
could not force either upon the United
States government or that of Virginia an
issue which neither desired to consider.
Consequences Discussed.
Speaking of the lamentable consequence,
Mr.. Mackey said. that would follow de-
cision that the county Of Alexandra Is still
a part Of the District of Columbia, the Su-
preme Court said: 'If the objection taken
by tho plaintiff were maintained all the
laws of the state OF Virginia passed since
1916 as regards the county Of Alexandria
would be void. taxes would have been ille-
gally assessed and collected the election of
public officers and the payment OF their
salaries would be without warrant OF law.
The public accounts would have been Inn
properly settled. all sentences, judgments
and DEGREES OF court would have been null
Titles and those who carried them into ex-
ecution would be liable civilly, and perhaps
criminaily. according to what they had
done.s'