Evening star., 1951-02-17
Annexation Case
Linked toFaiirfax
Bond Issue Suit
Question Roised as
County Winds Up
Its Cuse in Court

Interest in success of the Falls
Church annexation suit against
Fairfax has been suggested as q
motive behind litigation to pre-
vent sale of two county bond
issues.
The issue was raised by Fair
fax attorneys yesterday, as they
wound up their case in behalf of
a permanent Injunction to pro-
hibit further legal action against
sale Of nearly $11.5 million in
school construction and court
house addition bonds. The bond
sale twice has been delayed by
suits of Paul E. Rhineland, jr.
Defense testimony was to begin to-
day.
John H. King, who lives near
Falls Church and who has en-
tered the case voluntarily as a de-
fendant against the county's in
junction suit, admitted on the
witness stand that he had talked
with Falls Church City Attorney
LaRue Van Meter before taking
part in litigation contesting the
bond issue referendum.
Refers to Cross Bill.
did Mr.. Van Meter help you
prepare these papers?" asked At
torney Robert j. McCandlish for
the county. referring to a cross
bill which Mr.. King filed in the
injunction case.
''I have talked to him about it, i"
replied Mr.. King.
In reply to another question,
the witness said he also talked
with Mr.. Van Meter before asking
the court last May to halt the
referendum, In which sale of the
bonds subsequently was approved.
did Mr.. Van Meter advise you
or request you to file any
of these proceedings?" continued
Mr.. McCandlish.
He did not request me-" said
the witness.
Mr.. McCandlish read a state
ment attributed to Mr.. King, in
which the letter urged compro-
mise of the Falls Church Fairfax
annexation case.
Fears Double Liability"
'Is the hand you have taken in
this intended to force compro-
mise of annexation?" asked Mr.
McCandlish.
mo. It was my hope that
something could be worked out,
but now I feel that impossible,
said Mr.. King.
Mr.. King told the court his
principal interest in the case was
that he feared double liability"
He explained that if the Falls
Church annexation case eventu-
ally is won on appeal, he may
have to pay taxes to retire the
Fairfax debt and to retire any
subsequent bond issue that Falls
Church may need for schools.
Oast night Mr.. Van Meter
said:
C"The city is not in agreement
with Mr.. Kings position. The
city was one of the defendants
in the original Rhinehart suit
and Mr.. Rhinehart and Mr.. King
have been to the City Hall seek
ing information. Little infor-
nation was available :. ~
Mr.. Rhinehart whose two un-
successful suits to invalidate the
bonds claimed that Alexandria and
Falls Church annexation proceed
tngs may take taxable land from
the county, admitted he owns no
real estate in Fairfax County. He
said he lives with a brother in
Dranesville District and has no
children in school.
First Suit Withdrawn.
Mr.. Rhinehart testified he
withdrew his first suit against the
bond sale after School Board
Chairman Fred w. Robinson ad-
vised him Alexandria could be
compelled to assume part of the
debt.
When Alexandria was awarded
7h square miles of county land,
however, the court did not re-
quire the city to assume part of
the debt because the bonds had
not been sold. The decision has
been appealed by the county.
Mr.. Rhinehart's second suit was
dismissed in Fairfax Circuit Court
last month by Judge ]. Jordan
Temple, who is hearing the in
junction case.
Richard M. Smith, editor of The
Providence Journal, was called
by the county to tell about arti-
cles that appeared in his news
paper attacking the bond issue.
Mr.. Smith admitted writing an
editorial urging the county to
compromise the Falls Church an
nexation case.
Asked About Article.
Mr.. McCandlish asked him
about an article stating local
attorneys were. "aghast" at Judge
Temples decision dismissing MIR.
Rhinehart's most recent suit.
who were these aghast law
yers?" asked Mr.. McCandlish.
Il don't think they would like
me to TELL" replied the witness.
Mr.. King, Mr.. Rhinehart and
Mr.. Smith all were called as ad-
verse witnesses by the county.
"a, Testifying for the county yes
terday morning, Bond Counsel
John Pershing said his firm had
concluded that bonds authorized
by qualified voters could be issued
Notwithstanding annexation"
On cross-examination by Attor-
ney Alfred j. Anton, who repre-
sents Mr.. Rhinehart, the bond