The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-10
DATE is CHANGED
FOR ANNEXATION.
Suprcmc Court Moves 1t Up
Three Months Two Appeals
Are Moved
MUST STAY CLOSED
Worrcll and Joyce Case, From
Pinncr's Point, Decided
Against Liquor Dealers.

Aside from its long list OF decisions.
the Supreme Court of Appeals yes
terday refused wrlts of error in two
Important eases from Norfolk, which
settled moot points Of law.
! In one Il peculiar order was enter
cd II being nothing less than Il partial
granting and partial refusing of an
appeal The affirmative action, how
ever. is merely. for the purpose Of
; moving up 4 date. This procedure is
not unprecedented, for in 1909 u
similar order was issued in a case af-
| fecting the city of Portsmouth. for
The same reason.
Recently the city OF Norfolk annex
cd part Of the county of the same
name. n decree was entered making
he annexation effective on December
10, 1910 Thcreupon /, petition was
presented Tor a writ OF error.
Opposed Annexation.
The grounds We're that there vas
no real reason why this territory
should be taken into the city: that
there arc hundreds of thousands Of
vacant lots already In the city limits
which have not been built upon; that
there is plenty of undevcloped terri
DRY in which the city may c&pand in
he Old portion of Norfolk's limits:
mat the plea that the annexed land
needed sewerage and other modern i'm
proNemcnts was disproved by the
weight Of testimony, and that the evil
uencc produced in favor OF annexation
"s1S Dy real estate men who were In
tercsted All OF which WAS set forth
AT a, great length by Captain Il. G.
Marshall. Captain John w Hammer
George G. Martin and II; H. i3ag by.
counsel for the county,
Ihe Supreme Court says that it will
In
moving up the date when the anncxa-
tlon becomes effective from December
~ to March 10. and that i, is refused,
IN all other respects 1t gives rs It's
reason that otherwise there NIGH, be
Questions and litigation over Official
acts done in The interim between the
date of the decision in the Circuit
Court to-day, when the order will bc
duly certified by Clerk III. stewart.
Jones.
BY reason of this action by The Su-
preme Court, Lambert's Point to-day
becomes the Tenth Ward OF Norfolk.
giving to the city a total population
estimated at $1,000. Thc new terri
tory includes the Lambcrt's Point
terminal property Of the Norfolk and
Western Railway
Involves SnIe or r.oauor
The other case in which Il writ OF
error is refused is that Of Worrell and
81 H..
involves the sale Of liquor at Primers
Point. in Norfolk county Worrcll raj.
saloon a 2inner's Point in property
owned by joyce. The license had been
granted by the county. On october 4
last local option election was held
IN the masisterial district. which went
dry. At the October term Of the Cir
cut Court, the town Of Primers was
incorporated. and the claim was that
ne election covered Tic saloons In
the town. An Injunction was granted
restraining Worrell from selling
liquor. under the provisions Of the
Byrd law.
In the petition for a dissolution of
the Injunction. Worrcil set forth that
inc incorpora ton of the town invali-
dated the local option election so far
as timers was concerned. as orders of
courts arc supposed to date from the
moment OF the beginning of tho term.
Further. it was claimed that section 90
or the Byrd law is Unconstitutional as
IT confers criminal jurisdiction upon
court of equity and does not set
forth the purpose Of this section in
the title. The court BY its action de-
crees that the saloon must remain
closed.
Two wits Allowed.
writ OF error was allowed in The
case Of II. G. Whtow against the Viz.
Elnian Railway Company, from Camp.
bell county. Whitlow claimed dam
ages to his timber from fire which lbs
says was caused by sparks from tho
engines of the company He got a YER
dict for $500, but this was set aside
and new trial granted. in which
| there was Judgment for the defen-
dant
wri, also above din the case Of
Culberson Laforcc. .Iicy Jane I.aforce
and j. c. Muncy against Granville
kasnake, from Russell county. II was
brought by lsasnakc to enforce speci-
lie performance in the sale Of a tract
| OF land Tor $1,000 and in which he
secured verdict in the lower court
IEnuN LII the cont ract- ic allepnd - a d