The Washington times., 1912-05-07
WASHINGTON TIMES. BUREAU,
ALEXANDRIA, VA, MAY I

A technical point raised by the de-
fense yesterday brought the annexation
proceedings Of the city of Alexandra
to summary termination After the
best part Of the day had been spent
in exhaustive arguments Judge b. t.
Gordon announced that he would dis
miss the proceedings without prejudice,
sustaining the move of attorneys for
Alexandria and Fairfax counties. Their
contention was based on an irregularity
in serving notice Of the suit.
In the service Of the papers In the
case, 1t was shown that the city had
made It to each member Of the respect
i've boards Of supervisors as indi-
viduals, and not as q body. This was
the cause of the dismissal Of the case.
While purely a technical point, 1t means
that the entire proceedings will have
to be gone over again. New papers will
have to be served, and the matter can
hardly come up again for action until
late in the fall. That the action viii,
be resumed. however there is no doubt.
for while a stumbling-block was placed
in the path of the city In its aspira-
tions, 1t will continue its fight for the
coveted territory.
While the dismissal was a surprise to
the community at large, the city's at
torneys state that it was not altogether
unanticipated.
Representing Fairfax and Alexandria
counties were former Gov. A. ]. Mon
tague, R, Lynch Montague. G. Vernon
Ford, Crandal Mackey. and Moore.
city appeared Samuel p. Fisher, Samuel
G. Brent, and John M. Johnson.
An important decree was entered un-
der yesterdays minutes of the circuit
court this morning. 1t relates to the
suit Of F. F. Marbury and others against
the defunct Mercantile Railway Build
ing and Loan Association. Judge Thorn
ton made several rulings on exceptions
filed to the report of Special Commits
sioner H Noel Garner, as we'll as order
ing the sale of real estate, held as
security for loans due. as we'll as the
real estate of the association. One of
the items of the decree, which Is of
paramount Interest to the many deposit
tors in the savings department of the
institution. is that which holds that
they shall be rated as preferred credi-
tors and share equally with certain
named holders Of notes in the distribu-
tlon OF any dividend. 1t is further or
dered that the report Of the special COM
In the exceptions to the report of
Special Commissioner Garner, filed BY
Virginia Roxbury. J. X; NJ. Norton. and
Howard w. Smith, receivers for the Vir-
ginia Safe Deposit and Trust Corpora
tion; the Second National Bank Of Cul-
Ppeepsr. 6, T: Blunt, W: F: Webster.
AiiSe aIIis,I Ballard; Grace Hunter. A. e.
II. Hampton, NJ. NJ. Davis, Alton A.
Hampton, R. N. Davis. I: F. Davis,
EhemaSe sfssie FistGheJ' sSa 4; =: woodward. A:
Payne. the Judge holds that all such ex-
ceptions which are based on the idea
that the defendant had no authority to
borroW money, be overruled. Further
that the exceptions of the Second Ma
ceivers for the Virginia Safe Deposit
and Trust Corporation. be sustained, the
court being Of the opinion that notes
agsregating ss.S87.s2, embraced in ex-
ceptions, be allowed as a claim against
the defendants along with other notes,
aggregating $50, 301. SO, which were allow
ed by the special commissioner.
In reference to depositors in the saw
ings account department, he holds that
they are not stockholders, but creditors,
and must be given preference.
The public drinking fountain, COM
andria, erected by Mt Vernon Chapter,
Daughters Of the American Revolution,
Will be unveiled and presented to the
city Thursday afternoon at o'clock.
The following is the program for the
occasion: America" by school chill
dren; music. Medley of National Airs, "
Fort Myer Cavalry Band; address. Hon.
MRS. ". A. Smoot, regent Of Mt. Yer
non Chapter; unveiling of fountain, by
school children; music. by Fort Myer