Click image to open full size in new tab
Article Text
WASHINGTON TIMES. BUREAU, ALEXANDRIA, VA., MAY 7. A technical point raised by the defense yesterday brought the annexation proceedings of the city of Alexandria to a summary termination: After the best part of the day had been spent in exhaustive arguments, Judge B. T. Gordon announced that he would dismiss the proceedings without prejudice, sustaining the move of attorneys for Alexandria and Fairfax counties. Their contention was based on an irregularity in serving notice of the suit. In the service of the papers in the case, it was shown that the city had made it to each member of the respective boards of supervisors as individuals, and not as a body. This was the cause of the dismissal of the case. While purely a technical point, it means that the entire proceedings will have to be gone over again. New papers will have to be served, and the matter can hardly come up again for action until late in the fall. That the action will be resumed, however, there is no doubt, for while a stumbling-block was placed in the path of the city in its aspirations, it will continue its fight for the coveted territory. While the dismissal was a surprise to the community at large, the city's attorneys state that it was not altogeher unanticipated. Representing Fairfax and Alexandria counties were former Gov. A. J. Montague, R. Lynch Montague, C. Vernon Ford, Crandal Mackey, and Moore, Barbour, Keith & McCandish. For the city appeared Samuel P. Fisher, Samuel G. Brent, and John M. Johnson. An important decree was entered under yesterday's minutes of the circuit court this morning. It relates to the suit of F. F. Marbury and others against the defunct Mercantile-Railway Building and Loan Association. Judge Thornton made several rulings on exceptions filed to the report of Special Commissioner H. Noel Garner. as well as ordering the sale of real estate, held as security for loans due, as well as the real estate of the association. One of the items of the decree, which is of paramount Interest to the many depositors in the savings department of the institution, is that which holds that they shall be rated as preferred creditors and share equally with certain named holders of notes in the distribution of any dividend. It is further ordered that the report of the special commissioner be amended accordingly. In the exceptions to the report of Special Commissioner Garner, filed by Virginia Roxbury, J. K. M. Norton. and Howard W. Smith, receivers for the Virginia Safe Deposit and Trust Corporation; the Second National Bank of Culpeper, C. T. Blunt, W. F. Webster, Alice Ballard, Grace Hunter, A. C. Bleight, F. M. Lyles, S. E. Deeton, W. H. Hampton, M. M. Davis, Alton A. Hampton, R. N. Davis, I. F. Davis, Thomas Fletcher, A. E. Woodward, A. C. Steele, Ada V. Laing, and Eugene Payne, the judge holds that all such exceptions which are based on the idea that the defendant had no authority to borrow money, be overruled. Further, that the exceptions of the Second National Bank of Culpeper and of the receivers for the Virginia Safe Deposit and Trust Corporation, be sustained, the court being of the opinion that notes aggregating $6,387.92, embraced in exceptions, be allowed as a claim against the defendants along with other notes, aggregating $30,301.86, which were allowed by the special commissioner. In reference to depositors in the savings account department, he holds that they are not stockholders, but creditors, and must be given preference. The public drinking fountain, commemorating the historic events of Alexandria, erected by Mt. Vernon Chapter, Daughters of the American Revolution, will be unveiled and presented to the city Thursday afternoon at 4 o'clock. The following is the program for the occasion: "America," by school children; music, "Medley of National Airs," Fort Myer Cavalry Band; address, Hon. C. C. Carlin; presentation of fountain, Mrs. W. A. Smoot, regent of Mt. Vernon Chapter; unveiling of fountain. by school children; "music, by Fort Myer