Daily press. [volume] (Newport News, Va.) 1896-current, 1910-05-08
QUESTION OF APPEAL TO
BE DECIDED BY COUNCIL
City Attorney Massie Has Thirty
Days in Which TO File Bill OF Ex'
acknowledgement by Counse'
Heard Here Yesterdsy--Court's Rea-
sons for Ruling Not Defined.


this territory. ! don't think the
annexation 10 necessary, therefore
! am going to dismiss this motion
at the cost Of the CITY,"
In these few words and without at
tempting to define reasons for his
conclusion, Judge George Shackei
ford. OF Orange county, sitting In the
Circuit Court of Warwick County by
the governors designation, yesterday
evening shortly after o'cock disposed
Of the annexation proceedings through
which the city of Newport News ID en-
deavoring TO extend its limits so as
TO take into the corporate limits 81
of the territory now In Elizabeth
CITY and Warwick counties lying be-
tween the present limits and James
river, Hampton roads and Salters
creek.
City Attorney Massie was given
thirty DAYS In which TO file a bill of
exceptions In the event 1t Is decide
TO appeal the case. Mr.. Massie VIII
lay the matter before the city council
and ask for instructions as to whether
or not he shall take the case to the
Supreme Court.
A Distinct Surprise.
The courts decision came as q
distinct surprise to practically every
body who has followed the case,
probably not even excepting counsel
for the parties defendant. The gen.
eral expectation had been that the
court would extend the limits so as TO
take In at least q small part OF the
territory proposed to be annexed.
The decision was handed down and
the order was being drawn within
three minutes after Mr.. Massie had
concluded his closing argument. The
Judge prefaced mis- brief ruling by
stating that he did not want counsel
10 think he was making light of the
case because he decided IL now; that
he had just spent five days listen
lug to the evidence, had seen the
territory and listened TO the argu-
ment and he felt that he knew more
about the case than he would know
II he waited month to give his de-
cisicn.
Hearing on the Merits.
The annexation proceedings were
authorized by the city council last
September. After various delays oc.
casioned by the technicalities brought
into play by the resoureeful counsel
for the parties defendant, the city
finally succeeded In getting a hearing
On the merits of the case two weeks
ago at Warwick Court House. War
wick and Elizabeth City counties, the
Old Dominion Land Company and
about sixty residents Of the territory
in Warwick county proposed to be an
nexed We're made parties defendant
aud then five days were spent IN
hearing evidence. When all the evi
dence was In. the court adjourned to
reconvene here yesterday TO hear the
argument.
The Argument.
Two hours each was allotted tC
Warwick county, Elizabeth City
county and the city for the argument
Mr.. Massie opened for the city
speaking an hour and ten minutes
He was followed by Judge f. T.. Mon
tague, commemorative attorney fol-
Elizabeth City county. who in turn
was followed by p. st. George VIII
cox, commonwealth attorney o.
Warwick. In the afternoon J. Win
ston Read, for Warwick, s. Gordor
Cumming. for Elizabeth City. ans
Judge George L. Cnris,ian, of Rich.
mond. for Warwick. spoke In the OF
der named, and Mr.. Massie closed for
the city.
Mr.. Massie dwelt upon the neces
sity for taking in Bloodfield, the Par