Daily press. [volume] (Newport News, Va.) 1896-current, 1910-05-18
NOANNExAHONF FOR
BOULEVARD PEOPLE
CONTINUED from First Page.)
The judge replied that he could not
cut up county ia such a way.
Not a Court OF Appeals.

cut up q county ia such a way.
Not a Court Of Appeals.
Explaining his decision as to the
! territory west of Salter's creek, Judge
Scott said that il he had deemed it
necessary to take in the territory east
| of the creek. he then would have held
that he could annex the westerly sec
! ton because that would be neces-
sary TO connect the easterly section
/ with the city. But as ii was not
deemed necessary TO take in. the sec
| tion east of the creek, to annex the
strip between the city limits and the
creek would, in effect, be to consu-
tute himself a court of appeals over
the Circuit Court of Warwick county.
The order was drawn Immediately
Referring to the claim that police
protection is desired in the Bouie-
ward section, the judge said the resi-
dents could go before Judge Robin
son and secure such protection as may
be necessary.
after the decision was rendered, and
| Judge Scott left this afternoon al
1880 O'Clock for his home in Rich
mond.
Final Testimony.
Two witnesses in rebuttal were put
on the stand by the petitioners when
court convened this morning. A. L..
! Powell testified that he believed Fire
Chief w. X. Stow, of Newport News
was mistaken in his contention that
| IL would be necessary for the city to
| build new and completely equipped
] fire station in order TO protect the
| territory proposed 20 be annexed.
| Former Superintendent of Streets >.
| J. Harwood. of Newport News. testi-
! fled that a force of men is kept con-
| stantly at work on the unpaveo streets
of the city. and that the streets are
kept in good condition.
Argument by Counsel.
| Earnest. forceful arguments by
counsel closed the case. Mr.. Batche-
Tor opened for the petitioners: Judge
Montague opened for the county and
was followed by Mr.. Massie. for the
city; then Mr. Cumming closed for
the county. and was followed by Mr..
| Bachelor, who closed LOT the petition
ers.
Mr.. Batchelor urged the necessity
Tor and expectancy OF the proposed
annexation. saying that his clients
needed and desired police and fire
protection and the other advantages
they would gain by living under a
city government lie fiaycG the Old
Dominion Land Company for its
policy in holding all waterfront prop
erty for other than residential pGr-
poses. and made light of the testi-
mOny of the Salter's creek section
residents who opposed annexation 10
the city. The county. he said. had
signally failed in it's attempt to prove
the city Of Newport News an i'm
Pecunicus and Impoverished NUM-
I Cipality. Judge Montague and Mr..
Cumming. on the other hand. contend
ed wth equal carneStness that the
necessity for and expcdiency of the
roposed annexation ha0 not been
! proven: that a majority of the people
II the territory involved did not want
10 so into the city. that the county
Is able to and aocS take proper care
Of the territory. and that the city
Of Newport News already has picn-
!, liy Of undcvclopcd property within
Is borders and is not able to take
care Of what u has. Counsel for
. he county laid stress. too. upon the
~ fact that Elizabeth City was one OF
The original shircs Of the Odd Domin
a ion. and that u already has given W
a considerable part Of it, compare
lively small area for public purposes
;. Mr. Massic devoted his attention "a
. he territory west Of Saifcr's creek
m and Grccnlawu cemetery. anb q
answering The attacks upon the cit,
II Newport News. lie argued tha
. he territory Tor which ne city ASK.
h physically Is a part Uf the city and be
r. loucs within H. limits. Inc pcopi
IT the city. be said. Gesirc 10 hav'
ircenlawn cemetery. where the.
= dad are burned. within the limits -
y n q they nay have supervision Owe
AMI protect the property. A. 10 ~
financial condfion Of the CITY. NJ
Nassic declared he was proua ~ a.
, hovinr that had bctH made. and ths
Is Instead % being Impoverished. ~
b city u IN splendid condition. "a
vent over the evidence. touching =,
pcciaI3y uron the fact that nc cif
ri hss Issued bonds Tor only one thir
y u the amount authorized b. law.