Daily press. [volume] (Newport News, Va.) 1896-current, 1906-08-03
TAL|AFERRo REPORTS
FULLY ON ANNEXATION
aElnFi,
Town Attorney Is Of HE Opinion
That Hampton Can Legally
Spread Out.
LAW NOT ALTOGETHER PERFECT
Nothing In the Way But the VIII of
the PeopIe-No Danger of Being
Compelled to Become a city at
once-consults With Men verse,i
in the States Lave.

| WIN WISH seTse'
in the States Laws.
AT the meeting Of the Hampton
town council last night Town AttOr.
ney William G l.. Tallaferro submit
ted the following opinion on the
question of annexation:
10 the Town Council, Hampton, Va F:
Gentlemen:-At the last meeting
OF the council the attorney for the
town was requested to give an oplu.
4 ION In regard to certain matters
growing ont OF the question OF the an.
nexation OF additional territory to the
present town Of Hampton. The
question being whether. II the corpo-
rate limits of the town of Hampton
| should he so extended as to embrace
within the limits of the town rs ex.
tended, population in excess OF five
thousand would such town then be.
come city OF the second class under
the Constitution and laws of Virginia,
| upon ascertainment of such popula.
ton, either by local or federal cen.
sus?
In considering this matter It would
| he we'll, perhaps. to consider 1t first
Is the law stood prior to the last
session of the General Assembly;
and secondly, as the law stands At
The present time
Section ZIG of the Constitution de.
clares that "all incorporated commu-
mites. having within defined bound
aries n population OF five thousand
or more shall he known as cities;
| and all Incorporated communities.
having within defined boundaries n
population of less than five thousand,
shall be known as towns. The same
section further provides. "that in de.
termining the population of such ci-
ties and towns, the General ASSEM-.
l bly, shall be governed by the last
| United States census or such other
| census rs may be made by authority
,f the General Assembly"
| Section 9S of the Constitution de-
| clares that, for the purposes of a
| judicial system, the cities of the State
shall be divided into two classes"
and that "all cities shall belong 10
the first class which contain. as
shown by the last United States cen
sus or other census provided by law,
ten thousand inhabitants or more. and
all cities shall belong to the second
class which contain, as thus shown,
less than ten thousand inhabitants. -
We find that section 10l3a of the
lode Is almost verbatim with section
ZIG of the Constitution. Section
lOl3b of the Code makes provision
Tor the changing or transition Of n
own to city of the second class,
ipon the petition OF the mayor and
town council. by providing as fol-
lows:
ANY town in the State claiming
to have population of five thousand
" more, and wishing to be incorpo-
rated as city. may, through its
mayor and council. apply to the Cir
cult Court of the county in which II
Is situated. or to the judge thereof.
In vacation. to have legal enumera-
! ton of It's population and etc" This
act makes further provision as to how
l such enumeration shall be made, and
provides that when such town shall
be found to contain a population Of
I've thousand or more, It shall be de-
l clared a city, and that thereafter
such incorporated community shall
be known as a city and entitled to all
The privileges. and subject 10 all the
responsibilities pertaining to city of
this commonwealth" and 1t further
provides that the court or Judge shall
] prescribe the number OF members of
the council, etc.
| But this act makes very little pre-
iison as TO detail and the various
| steps OF organizing city form Of gov
| srnment, and we will see that SUBJ
elementary net was passed at the
last session of the legislature.
| Section 101sa OF the Code provides
tor the extension of tho corporate
limits Of cities and towns. hut nothing
| 8 there said In regard to the popula-
lion. nor Is there any distinction made
between towns and cities OF the first
md second clnss
Examination OF the statutes will
show that up to the last session of
the General Assembly, the act Just
cited, 10l3b Is the only one In the
Code In reference to Carrying out the
provision OF the Constitution for the
transition of q town to city OF either
the first or second class; that follow.
ing section l16 OF the Constitution.
the Geenral Assembly has provided
Tor such other enumeration Of the
population of town; that that was
the only method by which the pop;t
alton might he ascertained for the
| purpose OF changing such town into n
city, and must he followed; and that,
the staute Is silent as to the method
u transition when such population
was ascertained from federal CEN.
sus. ~ 49,.
would therefore appear from the
toregoing' that II the corporate limits
u tne town y' OF Hampton be extended
so that the population would consist