The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-16

callty or the speeches made, conf
bined with the frequent eta
ton OF authorities, many of which were
quoted in full or In part. have maze
tho hearing tho butt Of many city Han
wng. Tho court room has been practl-
caly deserted save for thct lawyers ana
one or two persons Interested In the out
come. Now and then wanderer through,
the halls seeking quiet amusement pohed
his head through the door but promptly
disappeared when he caught WhlH oil
the high legal atmosphere circulating ~
the place. Judge Garnett has sat through
the seven or eight days with stoical forti-
tude and has given the most careful at
tcntion TO every detail Of the arguments.
His inquiries from time to time have IN
dcated the closoness with which he was
following the speeches. But 1t was as
wearisomee task at best and the LAWYERS
smiled sympathetically yesterday wheh
the Judge said he was slightly fatigued.
Mr. Wendcnburg arose and gave a hiht
OF the dread with which the judlcial de-
partment Is regarding the proceeding. lie
said he had met Judge Keith OF the SUI
pre1ne Court in the Capitol Square anu
had asked him what he would do II the
lawyers gathered up their two hundred
tons and went into the Supreme Court
and talked eight days from 10 a. NJ un-
til P NJ.
uI'll nut every one OF you IN jan, saiu
Judge Keith lacdnically
Mr.. Meredith's Speech.
The speech of Mr.. Meredith was an
able presentation OF the contention OF
the city in support OF the constitutional
tty Of the annexation act. The ACT mas
been attacked on the grourd that u de-
slerates to the courts a legislative fnnc-
ton contrary TO the Fundamentals prih-
ciples of law.
Mr. Meredith explained his position
with great care, declaring th'l. Hmn'
power is conferred upon subordinate lesis-
5latiyc boards to perform certain rune
tions within reasonable limits, the courts
have the right Of review, whether the
judicial feature is included within the
act itself or not He cited numerous au-
tboritics and frequently turned for sup
mort to the very cases the opposition had
marshaled behind the contrary view.
Delegation of legislative power OF TINS
scopc, no said. is recognized by the courts
OF many States, including Pennsylvania.
Mississippi. Ohio. Arkansas, Indiana Ne
braska, Iowa, kentucky and even VIZ
ginia. The Virginia cases do not con-
tain such clear and positive pronounce
ments as do those of some other States,
hit every inttmation thus far received
from the judicial department OF Vir-
ginia. said Mr. Meredith, has been In
favor OF this principle. Not only has
the Constitution empowered the General
Assembly to delegate certain legislative
functions to the courts but It has IN
effect expressly stipulated that these
functions must he exercised by some
other fundamentally than the legisla-
ture.
Mr.. Meredith called attention to the
fact that the legislature delegates the
power OF control over private corpora
tions to the courts, and declared mat the
legislature should naturally have even.
wider scope in respect OF governmental
OBSERVATION-DISCLOSURES and 6toWns-Whlch are
part OF the State itself
In reply to the statement that thele
was no essential difference between the
creation OF a new corporation and the
extension of the limits OF corporation
already in existence, Mr.. Meredith cltcd
cases tending to show that the courts
have considered the formation of q ne"
city to be Of far greater import than the
mere annexation OF a slice of territory.
Proceeding, Mr.. Meredith discussed other
aspects OF the annexation matter, declar-
Ing, MS illustrating one point, that the
conditions prevailing in certain sections
of the country made 1t necessary for the
city to take hold at once.
'"rhcy won't admit this, said the
speaker, but We are prepared to show
1t is true"
Referring to the claim of right to trial
by jury, Mr.. Meredith declared It was
admitted that the Legislature could have,
II 1t saw At, proclaimed the annexation
act without hearing either side, 1t was
absurd. he thought, that when the Legis-
allure had called In an administrator and
given hearing, which 1t was not COM
pellod to do. that the additional prvi-
lege Of trial by Jury should be demanded.
According to Mr., Meredith, the property
holder in the territory to be annexed had
no legal rights at all. The Legislature
was supreme. and was exercising soye-
reign power and the right OF eminent
domain.