Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-10
ARGUMENTS HEARD
HABEAs CORPUS DEMANDED IN
POOL ROOM CASE.
Contention That Jackson City, Va, Is
Under Jurisdiction Of District
of Columbia.

A case OF interest TO the people Of WASH
ington and Alexandra county. Va, came
up before Judge Waddill in the United
States district court at Richmond yesterday
afternoon. In the form Of an application
for a writ OF habeas corpus In the case OF
John G. Nelson and James La Fontaine. re-
Gently arrested at jackson City and charged
with having conducted pool room there.
Attorney John A. Lamb appeared on behalf
of the petitioners, and Attorney General
Anderson and Commonwealth Attorney
Cfandall Mackay represented the state. The
application for the writ Is based upon the
contention that Jackson City is part of the
District Of Columbia and not of Virginia
In his response to the appeal by the al
legged pool room people Mr.. Mackey filed an
answer In the form of a motion to Quash,
stating:
First That the question as to the juris-
diction over the territory comprised in the
county Of Alexandra and the ownership of
the same by the commonwealth of Virginia,
cannot be raised by an Individual. 1t is one
which can be raised only by the United
States or Virginia.
Second. The question is political one as
to which the action and decision of the po-
litical departments of the government is
final The political departments of both
governments have repeatedly recognized
Alexandria county as an integral of Vir-
ginia, and Virginia's rightful jurisdiction
over the same.
Regarded as Part Of Virginia.
Third. That the territory embraced in
said county is both de facto and de jure a
part of the territory Of the state of Vir-
ginia, and subject to her jurisdiction and
dominion in like manner and to the same
extent as are the other counties Of the
commonwealth.
Fourth. The petition upon which said
writ was awarded sets up no ground under
the Constitution and laws of the United
States which authorizes the awarding of
said writ by judge or court of the United
States.
Fifth. That it does not appear in said
petition that either of the petitioners was
in jail or in the custody of the sheriff of
Alexandria county, or any deputy of sad
sheriff.
Sixth. That If the said petitioners have
any grievance whatever, such Is alleged
in their petition for said writ, their proper
'and lawful mode of procedure for redress
and relief is by appeal to the courts of the
state and from the highest court of the
Court of the United States.
An immediate hearing was urged by the
commemorative attorney, but the other
side was not ready, and the judge said he
would hear arguments next Tuesday at
clock The question OF the right OF the
authorities to raid the pool room while the
case is pending came to the notice of the
court, and Judge Waddill suggested that II
would be well that there should be no in
reference with the business of the Virginia
Telegraph Company until the question is
finally determined next week.
Mr.. Mackey's Contention.
Mr.. Mackey took issue with the court
and asserted that the pool room people
have no right to conduct business and be
immune from arrest during the period
stated, but Judge Waddill said that no
great harm could be done during the few
days, and suggested that the raiding Of the
place during the few days might be con-
sidered interference with the functions
of the court. Mr.. Mackey had asserted
that he would raid the place if it was
opened for business, but In view of the
statements of the court he will not attempt
any general raid until after the matter
has been finally disposed of.