Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-12

CONTINUED from First Pagel
was absolutely without prejudice in
the matter. He overruled the motion.
Barbour again moved that the trial
be suspended while an appeal is made
to the Court of Appeals for a writ of
prohibition, but this motion also was
overruled in short order.
The challenge against Judge Brent
referred to the fact that his daughter
resides in the portion of Arlington
County which Alexandria is seeking
to annex, but the judge said he could
not see. why this should disqualify
him.
Barbour next moved that the pro-
ceedings be quashed on the ground
that the notice to the board of super
visors had not been served to it as
a body in accordance with law, but
to individual members of the board,
and on the further ground that the
city council of. Alexandria was not
qualified to file the suit on behalf
of the city.
Part of Motion Withdrawn.
Defense counsel later withdrew
that portion of the motion regarding
the right of the city council to file
the action after it was shown to them
that the legal name of the city is not
Alexandria, but 1.-The City Council Of
Alexandria" The court threw out
the remainder of the motion Of it's
own accord.
Finally, all other legal moves hav.
ing failed, Barbour made stirring
plea for a continuance of the case for
"at least six weeks" presenting afff'
davits to show that exhaustive valua'
ton surveys now under way In the
affected portions Of Arlington and
Fairfax County cannot be completed
before that time.
I'VE must insist on a fair trial of
this very important case" Barbour
said, "and we cannot get fair trial
unless we are given sufficient time in
which to prepare our case. This in
formation which we need is vital to
our case. and without it we cannot
even hope to file an answer"
Supporting Barbour in this plea
were the other lawyers for the de-
Tense, including Commonwealth At
torney William c. Cloth of Arlington
County, State Senator Frank L. Ball
Delegate Charles T. Jesse, +. 8. Nc
Candish, Crandall Mackey and Com
monwealth Attorney Wilson Farr OF
Fairfax County.
Counsel for Alexandria vigorously
opposed, the motion, charging that
Arlington and Fairfax Counties merely
wished to delay the case until the
| Legislature could meet.
I'VE don't want this case to be
tried in several forums at once" AL
| bert Bryan, city attorney for Alexan
dria, declared. c. c. Carlin of coun
sci for the city also objected to &
delay.
Judges Decide Quickly.
The judges adjourned to chamber
to decide. the final plea of tn
counties, and after celebrating be
| hind closed doors for five minute
they returned. to the courtroom an,
announced that the trial must go for
ward Thursday. Arlington Count,
can present It's valuation data later
II was explained
AT one point during the hearing
appeared that opposing counsel Nigh
get together on an agreement b.
| Alexandria to withdraw the suit, Pre-
vided Senator Ball could give assui
ance to Alexandria that no Legislation
affecting the annexation move Woul
be introduced at the forthcoinin
session of the Legislature. In further
ance of this attempt to settle the scas
out of court, counsel for both side
interrupted the hearing with a RI
quest of the court that they Nigh
confer privately. A long conferenc
ensued in the judges chambers, bu
the whole move met with complet
failure.
The courtroom was crowded beyon
its capacity, many delegations G
citizens being on hand from variou
civic organizations interested In d.
| tending the countiesg from Ale1
andria's suit ~