Evening star., 1928-11-15
ALEXANDRIA GETS
FAIRFAX TERRITORY
Annexation Fight Takes
Sharp Turn When Previous
Hearing Is NuIIed.
speciai dispatch TO The Star.

Special Dispatch TO The Star.
ARLINGTON. Va, November 15.-
Judges of the Circuit Court before
whom the trial of Alexandria against
Arlington and Fairfax Counties for an
nexation of Potomac and vicinity was
resumed this morning decided after
considerable argument had been SUBJ
rnitted that the previous hearings be-
fore Judge Samuel G. Brent, who died
during court adjournment. were null
and void. The case will be reinstituted
next Wednesday. An exception to the
ruling, which was the unanimous
verdict of the three judges, was noted
by Mai. Carter Hall Of Alexandria's
counsel.
It was the contention of the counsel
for Arlington and Fairfax Counties that
the new trial.waS necessary because the
new Judges were not familiar with the
witnesses and details and that con-
fusion might result in injustice, but the
Alexandria counsel pointed to the fact
that the records were clear ana the
Judges could read them and recall any
witnesses necessary.
Agreement Is Accepted.
At the opening of the court this
morning, Albert v. Bryan OF the counSel
for Alexandria presented an agreement
between the counsel of Alexandria and
the SUPERVISORS of Fairfax County.
wherein Alexandria will acquire one
fourth of the aSSeSSable values ana
three-fo,Irths of the territory 1t seeks
in the annexation proceedings against
Fairfax County.
The court accepted the agreement.
thus eliminating Fairfax County ana
giving the territory In question 10
Alexandria. The land is between sne
nresent boundary of Alexandra ana a
iine beginning at the intersection OF
the west boundary line Of the city Win
the north right-of-way line OF tne LII
tle River turnpike, State Highway NO.
2I then running west along the norGn
Yicht-of.way line of the tSate hlgnWay
to its intersection with the west right
of-wav line to Quaker lane, then along
the west right-of-way line OF the hlgn-
way to the intersection Of the west
right-of-way line to Quaker lane, tnen
along the west right-of-way line OF
Quaker lane to the north rignt-ol-Way
line of Braddock road to It's mterSecGlon
with the Arlington County line, then
with the Arlington County line to its
intersection with the present line OF
Alexandria. then along the Alexandra
line to the point of the beginning.
1t is stipulated In the agreement that
the city shall pay Fairfax County, with
in go dayS from the entry OF the order,
the following: $8,540.62 for the i'm
proved road on Quaker lane, $7,232.40
for the improved portion of Leesburg |
pike within Fairfax County and the |
territory to be acquired and $7,261.4 .49 |
for the land, building and equipment |
of the public school for colored chill
dren located in the territory mentioned |
in the agreement. -
Alexandra win assume and provide
for the reimbursement of Fairfax Coun-
ty of q proportinnate part Of a $4,000
school bond issue, and a $225, 900 road
bond issue in Falls Church magiSterial
district, and the proportion Of the in
debtednesS to be assumed by the city
will be determined by the ratio which
the assessed values in the annexed ter
ritory bear to the assessed values in the
Falls Charch districE liableTto taxa
ton Of the payment of the bond issues,
and the valuation Of the aSSeSsable |
property in that district shall be deter /
mined by references to such values as
they appear on the records for 1927.
The annexation Of the territory
shown in the agreement would be
effective on the date the agreement is /
approved by the court, and after that |
date the territory viii be subject to
the Jurisdiction of the city council Of
Alexandria, and subject to the govern |
ment Of Alexandria and the ordinances |
and laws Of that city. However, the |
county levies imposed on persons and |
property within the territory for the |
current year WIN be paid to Fairfax
County. After 1928 the personal and
city council of Alexandria. It is set
forth in the agreement that copy of
the order is to be recorded among the
land records for Fairfax County and
for Alexandria.
Plea From Potomac.
Walker u. Varney, corporation at
torney for Potomac, located in Airing
ton County, appeared before the court
and asked that Potomac's answer to
the annexation proceedings made before
the court on April %, 1928, be dis
missed from the record. He pointed out
that the Potomac council in favor OF
annexation is not in office now and that
the new council had gone on record as
opposing annexation by the city. The
motion was opposed by A. v. Bryan of
the counsel for Alexandria, who said
the case of Potomac had been closed
and the request for dismissal OF Po-
tonacs answer was invalid.
Prior to the opening of court this
morning the three judges hearing the
case met and agreed on Don P. HalSey
of Lynchburg, judge of the sixts judi
cial circuit Of Virginia, as senior judge
of the annexation tribunal. The other
judges are Frederick Coleman of Fred
ericksburg, Judge of the fifteenth judi