The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-13

of Henrico county against annexation,
In the very outset Mr.. Braxtonrtlisputed
the constitutionality. ofithe Anderson an-
nexation act. and took much time In ar
gument of that question: He said he
was profoundly convinced that the act
is clearly unconstitutional. and he stated
this merely to explain his earnestness
in arguing this point. The speaker laid
down the proposition that the act Is
vlolatiye of the Constitution of Virginia
and the whole spirit of the organic law,
which are particular to forbid one branch
of government to encroanrupoa thtepow-
ers OF other bra1altesoii0T % ghn3t!
He said he had relied rgIn,ost, entirely
upon the decision of Wade VS.. The City
of Richmond. This case grew out of the
annexation of outside territory TO Rich
mond in 1867 Certain people came into
court in opposition to the then anneXa-
ton scheme and complained that they
had been taken into Richmond without
being given hearing in court. The
court decided that these people had no
right 10 be heard in court, because am
nexation was Il Legislative act and not Il
judicial one. 80
Counsel cohtended that the Anderson
annexation law. is hybrid In that It
vests legislative powers upon the judi
cial branch of government, which IL had
no constitutional right to do. the ques-
ton of the wisdom and expediency of
annexation Is purely function of the
legislative branch and not of the judi
cial branch of government. and the court
has no right TO modify the lines or TO
make new lines for annexation or to do
anything else about II.
Judge Nichol here4 asked Mr.. BraNton
If such composite powers had not been
conferred upon the State Corporation
Commission. Mr.. Braxton replied that
these powers were conferred upon the
Corporation Commission specifically by
the Constitution itself, because the pow
ers of the Constitution recognized the
fact THAT the Legislature could not do
It.
That being done said the court,
does 1t not follow shat the powers thus
given, are in violatian Of, the c9Sstitu.
tion of the United States. Mr. II. ".
Anderson, who was sitting Just behind
Mr.. Braxton, laughed heartily when the
court, innocently enough propounded this
query, and Judge Mol smiled when Mr..
Braxton replied: Il have decided views
on that point, but as my friend, Mr..
Anderson and / are soon to clash on 1t.
would prefer not to say anything here
/ llitft "obiI MN Ctltutt W Silopt
at me, without rest elsewhere" The
court withdrew the question.
Mr.. Braxton consumed nearly two hours
in an able discussion Of tile constitu-
tional point he had raised
Assuming then, merely for arguments
sake. that the law is CONSTITUTIONAL MIR.
Eraxton took up the ordinance Of the
City Council proposing annexation and
criticized 1t severely, claiming that 1T
Was not in compliance with the icgisia-
tive act. He said that the ordinance
Was not az specific as the law requires
az To what improvements are TO be made
IN the annexed territory. 1T simply
gays commended Mr.. Braxton, we will
take you IN and do what is right by
you" and that Is too indefinite to COM
ply with the language and spirit of the
statute. The only opportunity the peo-
pie in the proposed new territory viii
eyer have 10 force Richmond To do the
square thing by them IL before annexa-
tton-in this court and the courts de-
cree must say specifically what are the
rights OF these people.
In conclusion Mr.. Braxton pointed out
the points on the map which he wanted
Kept outside the city under the law and
ne testimony and he pointed out moro
than two-thlrds OF the territory proposed
10 be- annexed, MIR. Braxton spoke q
lice more than three hours.
Dir Anderson then took the floor
agf inst annexation IN general and the
annexation Of the Dooley property IN
Particular.
Mr. Anderson also attacked the constl.
nationality OF the annexation act and
very earnestly contended that there wae
not line In the Constitution from the
first 10 the last page To lead one t.
believe that II ever intended for the Ing.
tslature to delegate to q court Of Justice
| the powers which this annexation act
| had delegated to this court
He went further and said no State
| Constitutions IN America and no Congti-
| tuition In Great Britain allows that power
J to bc conferred upon the courts Tho
/ annexation act delegated powers and du-
| Ties To the court, Witch the Constitution
| places upon the Shoulders NJ the Legla-
/ islaturn. He commended that tic Act Oi
/ the Legislature has moi changed the
/ political boundaries ~ Richmond and 81
| Jienrico county nor hDB ihr ordinance
\ on theE cay Council Of Richmond HianH-l
! them but " they are eyer changed, ~
contemplated by the annexation scheme
II VIII be ~ Nc decree ~ iilie court
aud thus Tho dccfre viii he naklng as
foc this time and I'm the future Hilcl
b mn within ihr Constitutional power u
I'M Judiciary bpi belongs 10 Tho Ief
l4iaIjiYs ne aiEg eabtc.idfd that N v