Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-26
Seizure Plan Asked
On Water Concerns
AssembIyGets
Bill to Condemn
Privote Firms
BY stan Correspondent. Of III. star

Prlv0te FIRMS
BY stan Correspondent Of The star
RICHMOND, Jan. 26.-Fairfax
County would be able to con-
denim privately owned water
companies under legislation Of
fered the General Assembly yes
terday.
Delegate Omer Hirst Of Fair
fax introduced the bill.
Last summer the county sought
to purchase the Annandale
Water Co., which was offered
for 5000, 900. providing the coun-
ty would assume outstanding
debts at an additional 100000.
At the time. Mr.. Hirst branded
this as "legalized larceny"
Last November, however, vot-
erS turned down a $50 million
bond issue to establish an inte-
grated water system.
Permits Fair Value Price
THE enactment of this legis-
lation." Mr.. Hirst said, would
permit the county to condemn
the facilities Of water companies
in the event they cannot be &C.
quired by negotiation. In the
event Of such condemnation, the
county would pay according to
the fair value of such facilities
as determined by judicial action.
THE county will be able to
proceed with the orderly consoii-
dation of water companies IA
Icilities and to establish a large
inter connected water system
!. replacing the present con-
glomeration of small, disjointed,
privately owned systems.
This bill in no way affects
the laws bearing on the finance
ing OF county water systems. The
voters still will have the right
to vote on bond issues, but the
county will be able to ACQUIRE
water facilities at a price direct
ly related to their actual value"
In other developments yester-
day. the Senate Courts of Justice
Committee postponed until to-
DAY action on the Stuart
resolution Of interposition. de-
signed to meet the school segre-
cation problem.
Amendments Offered
Several amendments to the
Virginia Senate's resolution
were placed before the commit
ltee by Senator Stuart, who said
they resulted from a conference
Yesterday between the Governor
and some of the resolutions
patrons. TIE amen d m ents
largely revised grammatical
phrasing.
! Shortly before going into the
conference with the Governor.
Senator Stuart handed newsmen
copies of an eight-page letter
replying TO questions about his
resolution posed by Delegate
Robert Whitehead Of Nelson
County. MI. Whitehead, him.
self. has introduced a substitute
Iinterposition resolution in the
House of Delegates.
Both Senators William B.
Spong, jr. o1 Portsmouth and
Edward L. Breeder, jr., of Nor
folk, objectco to action on the
resolution To-Day. The two tide
water Senators said they wanted
70 strike the word illegal" from
he resolutions reference to the
Supreme Courts school de-
c.si1nS.
Senator Stuart's letter to Mr..
Whitehead said the Senate inter-
position resolution does not deny
the jurisdiction of the Supreme
Court IN Constitutional matters,
and consequently docs not chal-
lenge the authority of the court"
to act in a case in which State
law is alleged to be in violation
of the Constitution.
He said his proposal did not
intend ito deny in any respect"
the courts jurisdiction to hear a
case in which a Constitutional
right is claimed and said such
a right was claimed in the school
cases.
THE court had the power"
he added. The resolution en-
lphatically denies that it had the
right to exercise this power in
such a way as to stultify the
Constitution"
Supreme Law OF Land"
To the question as to whether
the courts decision is the law Of
the land and in Virginia, Senator
Stuart replied it lis the supreme
law of the land and supreme IN
Virginia. But going further,
he declared its provisions as un-
derstood for 80 years have been
Isupplanted by an act of judicial
legislation"
This has brought about. a
situation Senator Stuart de-
Iscribed as binding by force Of
Federal power, but not binding
in right"
The House Finance Commit
tee deferred until Monday fur
Ither consideration of the adj
Iministration bill for accelerated
income tax payments. Under
that bill, individuals would pay
their taxes next December S and
the next years by March IS,
1887. If the bills exceeded $50.
however. half of the payments
could be deferred until Septem-
her.
The committee, meanwhile,
received two proposed amend
ments to the bill from Delegate
Robert Whitehead of Nelson
County. One would cancel all
taxes due by December 5 so the
plan could be put into effect
without two payments coming
due within a period of four
months and 10 days.
The second amendment would