Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1912-05-06
A|EXANDR|A's ANNEXATION SUIT
DISMISSED by JUDGE GORDON

were occasioned by the necessity for
conferences. There is but little pros
pect of the case making any progress
until after next Thursday. Today
and tomorrow will be given up to the
consideration of the preliminary mot
ions which are entirely based O.: tech
nicalties. 1t is expected that they
will be disposed of by tomorrow night
but it is possible that Judge Gordon
may take some matters under consid-
Grafton which may not be decided for
several days. On Wednesday, the pro
ceedings will be interrupted while the
members Of the Sixteenth Judicial
District Bar Association journey to
Fairfax where they will be entertain
ed by Hon. r. Walton Moore.
On Thursday the case will be start
ed in earnest when the opening argu-
ments showing the need by Alexandria
of additional territory will be made
| These arguments with the correspond
ing answers will probably take all Of
Thursday and on Friday and Saturday
it is expected that Judge Gordon will
adjourn court in order that he can
make a personal investigation of the
disputed territory.
After considerable delay this morn
ing, at 11:l5 a. m. Governor Mon
tague made three motions to quash
the proceedings for Alexandria coun-
ty and John S. Barbour made three
similar motions in behalf of Fairfax
county. The motions were Identical
and were on the grounds that the not
ice of the proceedings had not been
properly given in accordance with the
State law. The motions to quash were
argued byfR. Lynch Montague, who
in lengthy discussion made the point
that the notices served by the Cor
poration of Alexandria were made
against the individual members of
the board of supervisors and not
against the Board of Supervisors as
a corporate body.
S. P. Fisher answered Mr.. Mon
tague's argument and brought out
the fact that the Board of Supervis
ors was not 4 party to the suit but
that notice was given to the members
individually in their official capac
ty, as required by law. He discussed
the distinction between the Boards of
Supervisors and School Trustees,
which have distinct corporate exist
ences. S. G. Brent followed in an able
argument, and explained how the SER
vice of notice up on the Supervisors
should be made.
Governor Montague spoke briefly on
the subject, and John NJ. Johnson
made 4 most exhaustive and COM
plete argument in behalf of the val
idity of the notice which had been
given.
Mr. Johnsons argument, which was
q most able one and which was sup
ported by many authorities, lasted for
over an hour. He deplored the tech
nicalities which the counties had in
voked. At it's conclusion, John S.
Barbour spoke in support of the mo-
tion to quash the proceedings, and in
Il direct and clear manner explained
the proper method in which legal not
ice should be given to- the counties.
He spoke Of three political divisions
of the State which were affected in
the case, and plead with the court that
the rights and interests of the peo-
pie of these counties should be con-
served.
He was followed by Commonwealth
Attorney Crandall Mackey, who clos
ed the argument for his side.
Briefly speaking, the entire morning
was given up to the discussion of
the technicality as to whether in the
notice of the suit given by the City of
Alexandria, the Board of Supervisors
of the two counties were notified as
individuals or as comprising the res
pective Boards.
Judge Gordon.
Judge Bennett T. Gordon, who has
been appointed by Governor William
H. Mann to try the annexation case
between Alexandria City and Alexan
dria and Fairfax counties, is jurist
of the old school. AS he sat on the
bench at Alexandria county court
house this morning and announced
that he~was ready to proceed with
the inquiry, he looked as if he had
stepped out of a picture of the past.
He is a man who has passed his ff-
ty-seventh birthday, yet were it not
Gov bic cc.ntv silverv locks and close