Daily press. [volume] (Newport News, Va.) 1896-current, 1910-03-29
DATE SET FOR HEARING
ANNEXATION PROCEEDINGS
Court Reserves Decision on Com
potency Proposition, But Names
Tuesday, April 10. AS Day For Be
ginning Triai-Counties Still Spar
ring for Time.

Although counsel for the counties
raised the point that he was not
competent TO hear the case because
of the proximity of his circuit to this
city, Circuit Judge Jesse +. West, OF
Sussex county, sitting yesterday
morning AT a special term of the Cir
cult Court of Warwick county, set
Tuesday. April 10. as the date for the
hearing of the annexation proceedings
OF the city OF Newport News against
the counties OF Warwick and Eliza
beth City. Judge We, did not pass
upon the contention of the attorneys
Tor the counties as to his incompe
tency TO try the case. However, he
did rule that he was competent to
Set date for the hearing.
Judge West was designated by Gov
ernor Mann last Saturday to hear the
case following a conference with the
attorneys interested and the motion
of the counties that he was incom-
petent came as a surprise. Counsel
for the counties contended that the
law contemplated that annexation
cases should be heard by judges
whose circuits were remote from the
territory to be affected by such pro-
ceedings. Judge VESTS circuit. they
pointed out. includes Isle of Wight
county, which is almost directly
across James river from this city,
and, therefore. is not remote from
the territory involved.
Mr.. Massie Wins Point.
City Attorney Massie opposed the
contention of the counties and urged
that the judge set an early date for
the hearing. Finally, Judge West said
that he was competent to set the date
for the trial and that he would name
April 10. He declined to pass upon
the other point and adjourned the
special term of the court.
AS they have been from the start.
counsel for the counties are sparring
for time. Attorney J. Winston Read,
of this city, of counsel for Warwick
county. said that a verdict against
the counties would mean the death
practically of the free state of War
wick" and that naturally the county
wanted to hold on TO life just as long
as possible.
LONG and Bitter Fight.
There is a long and bitter legal
battle ahead. Counsel for the coun-
ties will avan itself of every technical
ity in the law and finally will fight
the case in the Supreme Court Of
Appeals OF Virginia. Forty-five per
cent of the revenue Of Warwick
county will be taken away from 1t
ii the city wins and the county will
lose near.y half its population. These
two points will be the county's de
tense. On the other hand the city
will claim lack of police. fire and
health protection in the territory
which il is desired 10 be annexed.
The city will also show that all OF
the people within the territory are
dependent upon this city for a liv-
ing. that they use the streets.
lights. etc. without paying taxes to
ward their support.
Many Witnesses.
A long array of witnesses are 10
be summoned for both sides in the
fight. The case Genes up this time
on its merits and IL Will be fought
to a finish.
Appearing yesterday for Warw.cS
county were CONFERENCE.-The AttOr-
ney wilcox and Attorney J. Winston
Read. of this city. and for Elizabeth
City county we're Commonwealth 5
Attorney Montague and Attorney =
Gordon Crmming. Of Hampton. City
Attorney Massie represented the city
Judge West arrived here yesterday
morning Il 10 o'clock on the steamer
Virginia and was met by a partv oi
friends. He was taken TO WarWick
court house by Mt MsSsie in the Ist
ter's automobile Judge Nest returned