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

Arlington and Fairfax Coun-
ties OverruIed in Plea for
Delay Of Hearing.
Nv a staff corresponden. Of The Star.

BY a stan correspondents OF Inc ctdr.
COURT HOUSE. Arlington County,
Va, December 12.-Overruling sensa-
tional challenges as to the courts COM
potency and in the face Of a deter
mined plea that Arlington and Fairfax
counties have not had time to prepare
their. cases, the special tribunal. ap-
pointed by Gov. Byrd to hear Alexan-
dria's annexation suit, ruled early this
afternoon that the proceedings must
begin here next Thursday morning at
10 o'clock.
The decision Of the. court fixing the
early date for the trial was a stagger-
ing blow to the array Of counsel repre-
.senting the counties, who declared It
was ''physically impossible" even to-
file an answer in that time. Afiidavits
were presented to show that data
rscessa ~ 10 b defend the interests of
the counties cannot be secured within
six weeks, at the earliest, but the
court was not moved by the plea.
Legal Bombshells Hurled.
One legal bombshell after another
was hurled into the preliminary hear.
ing of the bitterly.to.be.contested case
by. counsel for the counties. as the
case was called this morning before
the special court. consisting Of Judges
Samuel G. Brent of Arlington County,
Don Halsey Of Lynchburg. and Fred.
erick Coleman Of Fredericksburg.
First Of all, John s. Barbour, speak.
ing for the group Of defense counsel,
challenged the competency OF the
whole proceedings on the ground that
the legislative act OF 1924. authorizing
annexation tribunals, is unconstitu-
tional. The motion created a stir In
the courtroom, as this was the frst
time such a question had been raised,
although several proceedings have
been instituted under the act. Bar-
bour contended that the Virginia con-
stitution specifically prohibited judges
of. other jurisdictions from sitting with
a third circuit Judge and asserted
such a step "relegates our circuit
Judge and his court to the scrapheap.
Judges Overrule Challenge.
The Judges, after consultation. over
ruled the challenge, whereupon Bar
bour moved that the proceedings be
suspended indefinitely so that the
counties might ask the State Court OF
Appeals for writ Of prohibition to
stop the trial on the grounds OF un-
constitutionality stated.
This motion also was overruied, the
court holding that the trial should go
forward, and that the defense coulo
appeal il the decision was not satis-
factory to it.
Noting an exception to this ruling.
Barbour then challenged the right OF
Judge Brent to sit in the case, charg'
ing that he is resident Of Alexandra,
large stockholder in bank there and
Ia personally disqualified to hear a
proceeding in which his home town
seeks to annex a portion Of valuable
adjoining territory.
It, was charged further that Judge
Brent in 1912 was counsel for Alex.
andria in its previous annexation pro-
ceedings and that for that reason also
he is disqualified to hear subsequent
suit by the same city for similar
purposes and in which the arguments
which he presented on behalf of the
city in 1924 will be presented to him
again in his later role as Judge.
Qualifications Are Defended.
Judge Brent replied that while he
personally preferred to take no part
in the case. he felt he would be "a
coward" to inform Gov. Byrd that he
was disqualified. when he knew he
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