Daily press. [volume] (Newport News, Va.) 1896-current, 1910-05-24
CITY ATTORNEY MASSlE
STATES THE SITUATION
Believes He Could Secure Reversal OF
Judge ShackeIford's Decision AS
To Built-up Territory. But Not AS
To Farm Lands-No Vote Was
Taken.

Though several members OF the
common council objected last night
TO taking an informal test vote OF the
attitude of the councilmen relative to
the matter OF an appeal from the de-
clsion of Judge Shackelford III the an
nexation case. IL is practically GER
tain that the lower branch will not
concur in the resolution adopted by
the upper branch instructing City At
torney J. A. Massie TO appeal the
case. Messrs. Cheadle, Christie ana
Cox objected 10 taking the vote and
Mr.. Fellows announced that he was
not ready to vote on the proposition,
but the other nine members present
very probably would have voted not
TO concur in the resolution.
When the council had finished the
consideration of the insurance matter
for which purpose ii was assembled
In special session, City Attorney Mas
sic stated that he would like to get
On expression from the council as TO
whether or not the members wanted
linn to appeal to the Supreme Court
that he had every reason TO hope for
reversal in the case so far as the
built up part OF the territory was TO
be concerned, but that he did nor
think the higher court would give a
decision for the unimproyed proper
~. He went on to say that he would
have to get the record made up before
June II he desired to appeal.
Would Cost City $1,000.
In explaining why he was not con-
fident of securing reversal as TO any
part of the territory. Mr.. Massie point
ed out that the judge OF the Supreme
Court could not come here 10 look
over the property and that they
might take the position that Judge
Shackelford had been on the ground
and that the higher court might re-
fuse the appeal for that reason. lie
| believed he said, that if the judges
came here and looked the situation
over they would admit the improved
property in Deanville, lvyton and
Bloodneld and below the city limits.
Mr.. Massie said that IL would cost
| the city something more than $1,000
TO appeal the case.
f.. Ford stated that he thought IL
would be well for the council not 10
concur and that he would offer an IN
formal motion to test the members ON
tins point He went on to say that
ne thought the city attorney had made
out splendid case. but that the
court had ruled aaginst him and that
the council should let the matter end
there. Mr.. Via seconded the motion.
Objects to Hurried Action.
Mr.. Fellows said that he was not
ready to vote on the proposition He
aid not think that the council should
rush through the matter SO hurriedly.
Mr.. Massie explained about the neces-
City for immediate action If the coun-
Gil would appeal the case. The vote
was then taken on a motion as 10
whether or not the informal motion
offered by Mr.. Ford should be put
and the motion was carried, ten to
three: Ayes-Fellows, Harris. Hut
chens, w. f. Jones, Milstead, Via,
Wallace, Whitley and ID. $. Jones.
ten; nays-Cheadle. Christie and
F, Cox. three. As unanimous consent
was not obtained, the president did
not put Mr.. Ford's motion. However,
the attorney had learned the senti-
ment of the body.
Mr. Massie stated that he did not
need authority to appeal, IL he saw
ut. but that he would prefer to have
an expression from the council. and
that he would no; appeal unless In
etructed 10 do so.
After some further discussion, Mr..
Cox moved that the council adjourn.
Mr.. Cheadle seconded the motion and
/ II prevailed without division.