The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-12
SUBURBS PLEA
FOH ANNEXATION
Attorney Gardiner Presents Ap-
plication OF Paramount to
Judge Garnet.
Mr.. BRAxT0N's ARGUMENT
lis Contending That Law IS II
regular and UInconstitu-
tional.

After y $ sson of four hours devoted
to contenalns argumtn II the amen
ton else the llenrlco Circuit Court a.
journed at O'Clock yesterday afternoon
Z tintil tomorrow morning whe nthe neat
ing viii be resumed.
During the day Mr.. Thomas W. Gordon
represe ting fifts-onc per cent OF tse
residents OF Taimolnt, appeartd IN
favor OF the annexation act and Mr.
A. G. Braxton, Of stanton. one OF the
leading attorneys Of the opposition, be-
gan his argument. Mr.. Gardner s.oee
#on.y about twenty minutes and conIi@ed
himself 10 discussion Of the legal as
recys of the case. The people OF italf-
ctv should be permitted TO govern them
selys, in this ma, ter he snid, CT ns
ihortscs uBnoldiGg his position Inc
town. he Lcc-ared, was asking 10 CONF
4 in ard u der the statute he be!eS>u i
should be taken in provided We pg1 ~
compiled with all the laws, winch they
E have done.
Nlr. Braxton Begins.
Mr. Braxton began his argument con-
lcndi ng ,u.t, me at4neNat y. sM.s. dhs.he
st'tut!onai. lie had not conc.udei Nhe'"
coGri adjourned for the day. MI, BraN-
ton will coy + the cnsire ground. II SAD !
in part yesterdays:
THE first question pres nted is as 10
the !, liditp of the statute upon WI en-
his proceeding Is based. This statute. IN
1rief provides tllut, nhen 1t is DIS q
10 annex adjoin ng territory ITO the city,
appiicatioa shSll Ee made to IN 2 court
WIZ oh after certain notice shell ascer-
\ tnn ana determine the necessity Tor,
Il n ~ Z n n :. ~
whether the terms and conditions, 'in-
dor which the annexation is applied for,
are reasonable and fair, and. IL the
court or +rdge sl.h be 81 sticd to.&tae
& NJ &C ss'ty fog. or A he exped en2v Of {" ch 4
annexation, and that such conditions ard
:. provisions are reasonable and lar, IN
i. order shall be entered proyding FIor&&tile
4 a exattonE Of said territory A
But if the court or judge shall pc
OF opinion that no annexation is neces-
sary or eXpedient. the motion to annex
shall be dismissed. If, however, tho
+ court or judge shall be of opin!'ns that
annexation OF only a part of such ter
ritory Is necessary or expedient, or that
said ordinance does not contain ialrSand
reasonable terms, or that more tefrtor!
should be annexed than was Described
in the bounds originally set forth, II shai
enter q proper order cmbodying what II |
p deems reasonable and fair terms upon
which annexation is TO had, and how
llnch of said territory shall be annexed,
and shall direct the annexation OF such
territory in conformity with the terms
and conditions 50 prescribed.
From the statute it will be seen that
once The court is petitioned for anneXa-
ton of any territory and on any terms,
and the whole affair is Immediately
taken out OF the control Of either those !
who desire or those Who OPP the sug-
ccsted annexation, and Is left%ahsoutely
10 the court or Judge, who from thence
forward is clothed with full legislative
discretion, not only to grant annexation
prayed for, but to refuse IT. altogether,
notwithstanding all the conditions and |
requirements specified by the statute
have been met and complied with, and
Notwithstanding also that every part OF
the proceeding be In favor Of annexation,
such petitions cannot be withdrawn; but
the court or Judge may. In his discre-
lions direct the annexation of such ter
rltory upon such terms as In his opinion
is necessary and eXpedient-'
The case will be resumed In the city
Hall tomorrow instead OF In the SUI
rpe,nc Co,rt.ro The hearing Will be
concluded about fic middle of the week.
Mr. Henry r. Pollard will be the next
speaker The argument OF counsel for
Mrs. J. II. Dooley will follow.