Daily press. [volume] (Newport News, Va.) 1896-current, 1909-12-15
TRIAL JUDGE NOT YET
"OFflClALLW APPOINTED
Counsel for Warwick County Say II
VIII RIOT be Convenient For All Of
Them to be Present In Court for
Hearing Before February City
Attorney Massie Protests.

With the hope Of having the coun-
ties receive the taxes for the next
nscal year from the territory which
this city proposs to annex, counsel
for Warwick county and Elizabeth
City county, are. II is said, making
every effort to delay the hearing of
the case Just as long as possible. and
II now seems certain that the an
nexation matter will be pending In
the courts when the next United
states census is taken In April. 1910.
And II this is the case the chief OBJ
jeet OF the annexation move
ment at this tme-that of In
creasing the taxable values and the
population of the city for the com
ing census-will be defeated
City Attorney j. A. Massie filed the
city's suit In the Warwick county Cir
cult Court in October and Judge Ty-
Ter took the case up In November, en-
terlng the formal order that he was
not competent 20 hear the case and
calling upon Governor Swanson TO APP
point a Judge to try the matter. Two
weeks ago the announcement was
made by Attorney s. Gordon Cum
ming. of Hampton. Of counsel for
Elizabeth City county. that Governor
Swanson had appointed Judge John b.
Thornton, OF Prince William county.
10 try the case and had designated
December IL as the date for the
announcement of the proceedings.
Not "offieialiy" Appointed.
II seems that this date was not
satisfactory to counsel for Warwick
county, it being contended that Judge
George l.. Christian. OF Richmond.
would be unable to be present at the
Warwick county court on that day.
and last week City Attorney Massie
was notified that Governor Swanson
had not officially" designated a judge
to hear the case, nor had he set any
date for the trial.
1t was further announced that the
governor would not appoint Judge
until Judge Tyler. of the Circuit
Court of Warwick county, had fixed
q date for the trial.
Monday ii developed that it would
rot be convenient for counsel for the
counties to be present at the Cir
cult Court OF Warwick before Feb
ruary 1, 1910, and II was said that
Judge Tyler would set that date for
the beginning of the trial.
City Attorney Massie Protests.
City Attorney Massie yesterday
wrote letters to both Governor Swan
son and Judge Tyler protesting
against the delay in trying the case
and declaring that he believed he had
q right to demand that the case be
taken up at the regular December
term of the circuit Court Of War
wick county. which will convene this
week. Mr.. Massie expects 20 receive
answers to his letters within the next
two days
N the case is not decided before
the assessments for the next fiscal
year are made early in 1910 the coun-
ties in which the territory proposed
to be annexed by the city lies and
not the city will receive the taxes
for the year and it is said that 1t
Is for this reason that the counties.
and particularly warwick couny. wish
to delay the case.
Commonwealth Attorney Wilcox.
Of Warwick. Attorney John Winston
Read. OF this city. and Judge George
l. Christian. Of Richmond. are eoun-
SCI for warwick county. and Com
monvealth's Attorney Montague. OF
EHzsbeth City county. and Attorney
g. Gordon Cumming. Of Hampton.
are counsel for Elizabeth City coun-
~. City Attorney Msssie is represent
ing Newport News.