ANNEXATION

Whitewell Probably Added to Ironton. 

Submitted by Diane Sparling

            The  project of adding the village of Whitewell to Ironton, which has been slumbering in the Courts for some time, promises an early reappearance in the shape of a success.  It will be remembered that the application was made to the Commissioners a couple years ago, and that it was granted, after a fight against it by the people of Whitewell,  and most everybody else, for that matter. When the commissioners granted the application, granted the application, action which they thought to be a legal requirement on them, a petition was filed in the Common Pleas Court, asking that the City be enjoined from annexing the territory described. A demurrer to this petition was filed and on that, the case was argued and the Court decided against the demurrer.  The case was then appraised in the Circuit Court, and at the last term, it was submitted without argument to the Court.

            It was not decided here , nor have we heard of its fate yet, at Portsmouth to which place the Court took the papers, but we understand that since the demurrer was overruled, a case has been decided by the Supreme Court covering the exact points of the case, and that the decision is likely to be in favor of the demurrer, in accordance with the Supreme Court decision.  Such, we learn, is the opinion of lawyers, in the matter.  Besides, the parties contesting the annexation.  The case will be decided by Judges Clarke and Bradbury, Judge Cherrington, having been counsel, does not sit in the case.  

            When the decision is made, if against that of the Court below, the judgment and action of the Court will be certified by the Clerk of the Court to the Clerk of the City, who will immediately transmit to the Secretary of State and the Recorder of the County the proceedings of the County Commissioners in the matter, together with a description of the territory annexed, and after that, Whitewell, which included Etna and Sarah Furnaces will be a portion of the city of Ironton.  Of course, it will not be in time for a participation in the blessings of the Spring election; but the Council can forthwith erect it into a ward and provide for the election of Councilmen

 Therein.  It will also be in time, if due haste is made to participated in the glory of a City tax.  

            Since the above was written, we note that even if the decision is for annexation, the election of a Councilman can not take place before the Spring election next year, and most probably no levying.