The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1912-07-12
COUNTY. BOARD TURNS
DOWN ANNEX ATOM PETITION
Questions City's Population, Con-
tending Last State Census Gov
erns.-Mandamus Proceedings is
Started to Compel Granting of Pc
titiOn or Show Cause.

The petition for the annexation
of some 1880 acres of land lying to
the east OF the present plat of the
city Of Virginia, submitted to the
board of county commissioners and
taken up at the semi-annual meet
ing of that body during the week,
was denied, the board passing the
following explanatory resolution re-
garding their action:
Whereas, the petition of J. B.
Schneider and others has been pre-
sented to this board, representing
certain facts and praying that this
board call an election for the deter
| mination of the annexation to the
city of Virginia of certain territory
comprising approximately 1880
| acres as described in said petition
which proceedings are bought under
the provisions of chapter 1877 General
Laws of Minnesota, 1909, and
whereas, the said petition does
not allege or represent that the pop
ulation of the city of Virginia is not
more than 10000 nor less than 1O,-
600 according to the last state cen
sus, and
whereas, this board finds as q
fact that the population Of the said
city of Virginia as determined by the
last state census was less than 1000
persons, and the said petition and the
facts with respect to the population
of the said city Of Virginia are both
insufficient under the law to give this
board jurisdiction to order such
election or grant the prayer of said
petition.
Nov, therefore, be it resolved,
that the prayer of said petition, for
the reasons above found, is hereby
in all things denied"
The petitioners were represented
in the matter by D. D. Morgan, city
attorney, who following the passage
of the resolution quoted started
mandamus proceedings against the
board of county conlmissioners, Sc.
curing an alternative writ of man
damus compelling the county board
to forthwith order an election and
grant the prayer of the petitioners
or to appear at the St. Louis county
court house in the city of Duluth on
Saturday, July 20th, to show cause
why they should not be compelled
to comply with the order.
AS a result of the petition for an
nexation action was taken by the o.
iver Iron Mining Company for the
vacation of the plat Of East Virginia,
and Attorney Morgan sought tenn
porary restraining order, restraining
the vacation of this plat until final
determination of the annexation petit
ton on it's merits, but this appli-
cation was denied by the court, the
court holding that the city did not
show sufficient right or damage to
entitle the issuance of an Injunction.
The petition for the vacation of this
plat comes UP for hearing tomor-
row, July 18th, and the city will be
represented at the hearing by City
Attorney Morgan.
The annexation OF territory petit
toned for to the city of Virginia
would mean much to the taxpayers
of the city, as it would nearly or
quite double the assessed valuation
of Virginia and naturally mean a
material reduction in tax rates, but
the absence of any citizen at the
meeting of the board of county COM
missioners, aside from Attorney Nor
gan, would not indicate that great in
terest in the outcome was taken by
city officials or others. On the 9th
er hand, the Oliver company, which
would be principally affected by the
granting of the petition, was repre-
sented at the hearing by attorneys
and by local representatives Of the
company.