The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-15
JUDGE N|COL is
T0IDEC|DE TODAY.
At Noon He Will Say What Ter
ritory Shall BE Annexed TO
Richmond.
P0LLARD's ABLE ARGUMENT
P0LLARD's ABLE ARGUMENT
Riclmond's City Attorney Flo
quently Appeals to Court to
Relieve Congestion.

/
Judge g. E. Nicol Of Alexandria. who
is sitting In the annexation proceed
ings. wherein Richmond proposes to ex-
tend her present boundary lines. will
render his decision ut noon day, and
In this decision Will say Just what ter
ritory is to DO taken from Henrico coun-
ty and made part OF tho city.
With an able argument, lasting for
four hours yesterday, City Attorney
Henry II. Pollard. covered every phase
OF the situation, and appealed to the
court to relieve the congested condition
now manifest In Virginia's metropolis
Mr. Pollard concluded at 2 =. NJ, and
Judge Nicol announced that the court
would be adjourned until noon to-day,
when he would render his opinion. The
order may not be entered to-day, but
it will follow close on the heels of the
| opinion OF the court. for Judge Nicol
believes In finishing Il job In the least
| possibly time consisting with haste.
What Decision May Be.
| Tho act that provides for annexation
OF territory to cities places in the
hands. of the presiding judge the au-
thority to do as he pleases. after he
| has heard the evidence on both sides.
! The burden of proof is placed upon the
city of Richmond. TO show the cxpe-
| diency and the necessity for expansion.
Tho county only has TO rebuff this. The
| judge fixes the terms and conditions upon
which the territory proposed TO be
taken In becomes part OF the city.
AT least n half dozen maps have been
offered in evidence. by the city and the
county. and Judge Nlcol has the en-
tire situation clearly III his mind.
Looking at the case as 1t now stands.
| it Is conceded by almost all of those
who have followed 1t, that tho property
| Of Major Dooley will not be Included
| in the line that is to be extended Fore
casting further, 1t may be said with GER
tainty that Falrmount will be annexed.
| There has been practically no opposi-
| ton to Richmond extending her boun-
| Diary lines here The territory between
! Chimborazo Park and lakewood will be
| taken in. The line Will extend down be-
| yond Fulton, and will take in n part. IL
| not ALL OF Fulton Hill And on the west
lit Is tho prediction that the Home Place.
| south of the Soldiers Home. will be
made part of Richmond; that only n
| portion of Riverview will be taken in.
| and that on the northwest the annexed
| territory will be that portion that was
| originally included in the Mills ordi-
/ nance. But of course this Is only sur
mise. for no one can know the mind Of
| the court the subject
! An appeal will be taken from the de-
| cision OF the court by Henrico county.
| Mr.. Wendcnburg expressed himself. In
/ his argument AS favorlng an appeal 10
the Court of Appeals. where the con-
| stitiitionaity OF the act. under which
! annexation is proposed, may be passed
upon. This will be done to save all ques-
lions that may arise in the future as
to the legality of the proceedings. Petty
! SUITS might arise, unless the court OF APP
/ peals finally passed on the matter
| thought Mr.. Wendenburg. and he so ex-
pressed himself in his argument
The Closing Argument.
Mr.. Pollard in his argument yester-
day declared that there should be no
| restrictions placed upon the city that
! she should expend any given amount In
! any specified territory. He thought this
should be left to the city. Counsel for
| the defense, he said, had argued that
| the people living within the territory to
be taken in would have no redress un-
less this was made a part of the courts
| order.
/ He argued that any citizen or num-
Der of citizens in any portion of the ter
/ ritory to be taken in could petition the
| Council for improvements. and failing
| TO receive proper consideration could re-
sort to mandamus proceedings. In one
single provision this law gives every right
to those people who are taken In as the
| people now in the confines of the city
| have. Do they want to be coddled uI
and to enjoy all of the privileges that
| Richmonders have for years been making
for them without even returning any.
\ thing? Do they want to enjoy all of the
beauty of this metropolis and not con-
tribute anything?'
/ Mr.. Pollard took issue with Mr.. Mere.
dith as to the suggestion that had beer
made by him that the court should
specify the amounts TO Ike expended
i in each section that was annexed Tlt
referred 10 the Testimony of Colonel
| Cutshaw, city engineer of Richmond, anC
said that Richmond had even without an.
neXation improved the property of cit
i liens IN the county: that the city hat
i enhanced the value of all property in the
/ suburbs. and that Richmond had erected
/ large sewers and a large and comforta
bic school-housc In the East End anc
lii the western portion, and that the pco
pie in the suburbs now received tht
Z benefits from-this lie thought that tho
city would be done an injustice indirect
ly to force It to make Improvement:
in u section that did not need improve
mcnts. section tnat did need improve
mcnts would suffer by this, argued Mr.
Il Pollard.
Case Well Presented.
The city attorney made his argumen
so that 1t covered all the ground. III,
\ trti nod nm, ho nj it,. of