The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-17
Annexation IN
JUDGES HANDS.
l(Continued From First Pugc.)

f " Il H|
Continued From First Pngc)
VIII bc5the case proper, and it looks now
as though the next Legislature win have
no opportunity to remedy any defects in
the Anderson annexation law unless
Judge Garnett renders q decision favor
ms the demurrers
The Henrico Board OF Supervisors de-
muir to the ordinance as passed by the
City Coun Gil Of Richm ond, providing for
annexation on the ground that the stat
ute under which the ordinance was pass
ed confers Legislative functions upon the
Judiciary.
Mrs. James H. Dooley. of Henrico, in
her demurrer cites the fact that she will
be taxed TO a great extent by the an
nexation, and that she will reap no
benefits from the proposed ordinance
which will make her property part of
Richmond. She alleges that the topo-
graphy of her land will not permit OF
,lvic improvements
But, further in this demurrer of Mrs.
Dooleys, it is claimed that the statute
is unconstitutional in that 1t sets aside
tie principle that no two departments
OF the government can be merged. 1t is
aIeEeG that the Legislature has exceed
ed it's authority and delegated to the
Judiciary powers that should be exercised
Z by this Legislative body.
MIR. Frank w. Christian closed the ar
current for the demurrers. He spoke in
tie main upon the demurrer for Mrs.
5Jhco!ey, but parenthetcally touched upon
the cenlurrer of the Board of Supervisors
OF Iienrico county and assailed the con-
stitutlcnality of the statute In no uncer-
te.E terms.
Technical Question.
After all. it was purely technical
question lienrico county claims that
tho statute that made the ordinance
iiring issue was unconstitutional; that it
CONFERRED Legislative power upon the ju-
taicinry. Richmond said that the Legisa-
tnrG diG not exceed it's authority, and
Tat It PASSED law and only delegated
: to the judiciary the manner In which
this law should be made effective
81 Upor this point the elght-day argu-
nlcnt started, and upon this point the
argument ended. For there was not hing
else to talk about Here and there a
bit of orntory was injected, and ever
and anon some eulogy upon Richmond
and her prospects was INDUCED in. but
II tho main the subject reverted to the
rall Issue.
lfzJudgo Garnet susains the demurrer,
which Is based chiefly on the alleged
unconstilutionnlity OF the Anderson an.
neXation act, the case will be taken to
the Supreme Court. Richmond Will he
checked from offering evidence as TO the
ACCESSIBILITY and feasibility OF expans sion.
There Will be nothing left for the city
but recourse to the next Legislature
to have the act so amended rs to meet
the require ments of the judiciary. Yet
Z n h. ll<S.. y.
Instance would settle tho matter for
once and for all, The constitutlonality
of the act would there be finally pa sscd
4uopn.
And 1t may be stated that with such
q verdict there would be some facilita-
tion of the case, for the reading public
would know sooner what would DO done
But II Judge Garnet overrules the do
mnrrer the case will be proceeded with
on Its merits, and the goals will be the
weneral issue-whether Richmond shall
expand or not.
The Real Question,
Tho court Will then hear evidence upon
every phase of the situation. The hy-
gienio, sanitary police and fire condi-
tons Of the territory to BE annexed will
he inquired into The need for broa der
lines. school facilities. Will be investi-
gated and weeks may drag away while
tho details In the hearing OF the matters
of fact are gone into, s8s.S
Tho trial Judge, nndor the annexation
act. Is allowed liberal powers. IEe1nay
In hIs discretion change the lines OF tho
act cT ordinance In such n manner as
he sees nj.
Christian spoke Yesterday, His point
was that In this instance the Legisla ture
had delegated to the court power
That should really he eNercised only by