Chap. 360.—An ACT to provide for submitting to the qualified voters of the
town of Potomac, in Arlington county, the question of annulling the charter
of said town by repealing an act approved March 13, 1908, entitled an act to
incorporate the town of Potomac, in the county of Alexandria; and to annul
and repeal said charter upon a majority vote declaring against said charter,
and for the assumption of all the obligations of the town of Potomac, by
Jefferson magisterial district of said county. [S B 398]

Approved March 21, 1928
1. Be it enacted by the general assembly of Virginia, That, upon the
petition of fifty per cent of the residents of the town of Potomac,
who will be qualified to vote on the third Tuesday in June, nineteen
hundred and twenty-eight, the circuit court of the county of Arlington,
or the judge of said court in vacation, as soon after the passage of this
act as is practicable, shall call an election to be held on the third Tues-
day in June, nineteen hundred and twenty-eight, at which time, by an
order, entered of record, on the law side of said court, there shall be
submitted to the qualified voters of the town of Potomac, in Arlington
county, the question of annulling the charter of said town, incor-
porated by act approved March thirteenth, nineteen hundred and eight,
entitled an act to incorporate the town of Potomac, in the county of
Alexandria. Said special election shall be held by three judges of
election, to be appointed by the circuit court of said county, or the
judge thereof in vacation, one of whom shall act as clerk, at the time
the order calling the same is entered and conducted as elections for
town officers are held and conducted, and all provisions of the law
concerning the holding of such elections shall apply so far as the same
may be applicable.

2. The ballots to be used in said election shall be as follows:

“For annulling charter” and “Against annulling charter.”

The manner of receiving and canvassing the ballots and making
returns and abstracts thereof, shall in all respects conform to the re-
quirements of the general election law, except that the certificate of the
judges shall be as follows:

We hereby certify that at the election held on the eighteenth cay of
April, nineteen hundred and twenty-two............----:--:--csececeeeeeeeneeedenseeeeeeee
votes were cast for annulling the charter and............2..22...2.csseseseeeeeeee cess
votes were cast against annulling the charter.

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, Judges.

3. The returns shall be canvassed in this election in like manner as
in elections for town officers, and the canvassers shall certify the num-
ber of votes cast in said town for and against annulling the said charter
respectively. A copy of such certificate shall be laid before the circuit
court of the said county at its next term, or before the judge thereof
in vacation, within thirty days after the date of the holding of the said
election, who shall enter an order showing the result of said election.

4. In the event that a majority of the votes cast at said election
shall be in favor of annulling the said charter, the said charter shall,
on the first day of September, nineteen hundred and twenty-two, be-
come null and void, and all of the corporate property of the said town
shall thereupon become the property of Arlington county, and all the
obligations of said town of Potomac shall become obligations of Jeff-
erson magisterial district of said county, and all obligations due to
said town shall become the property of said magisterial district, to be
controlled, managed and disposed of by the board of supervisors of
said county to the same extent and in the same manner as other prop-
erty of the said county in Jefferson magisterial district, and the board
of supervisors of said county shall have and exercise within the terri-
tory now composing said town, all the rights, powers and privileges
conferred, and shall be subject to all the duties, liabilities and restric-
tions now imposed by law for the government of other parts of said
county; but such repeal shall not effect any offense or act committed
or done or any penalty or forfeiture incurred or any right of any
nature established, accrued or accruing under the jurisdiction of said
town before the first day of September, nineteen hundred and twenty-
two, or any prosecution, suit or proceeding pending on that day, but
jurisdiction over all such matters shall thereupon be transferred to
the county government of said county, and all records of said town
shall be delivered to the clerk of the circuit court of the said county,
and all offices held under the said charter shall become vacant, and the
officers of said county shall have the same jurisdiction over the said
territory as now exercised over other territory in Jefferson magisterial
district, in said county, and all taxes that have already accrued under
the said charter shall be collected by the proper officers of the said
county to the same extent and in the same manner as taxes are collected
in other parts of said Jefferson magisterial district, but nothing herein
contained shall be construed to affect the liability of any officer of said
town of Potomac, or his surety, for acts committed prior to the annul-
ment of said charter, should the same be annulled, nor any claim of or
against the said town, nor any contract of the said town, but the same
may be enforced by or against the said board of supervisors in the
same manner and to the same extent as the same could have been en-
forced against the town of Potomac. In the event that a majority of
the votes cast at the said election shall be against annulling the said
charter, the said charter shall remain in full force and effect as though
the said election had not been held.

5. The returns of the election held hereunder shall be subject to
the inquiry, determination and judgment of the circuit court of said
county upon complaint of fifteen or more of the qualified voters of
said town, of an undue election or false returns. The complaint shall
fully set out the grounds of contest, and if any votes were improperly
received or rejected, shall give a list of the said votes, with the ob-
jections to the action of the judges of election in receiving or rejecting
the same. Two of the persons making the complaint shall take and
subscribe an oath that the facts therein contained are true to the best
of their knowledge and belief. The complaint shall be filed in the of-
fice of the clerk of the circuit court of said county. Notice of contest,
stating that the complaint has been filed in the clerk’s office shall be
given by posting the same at the courthouse door, and at the voting
precinct in said town. Said complaint shall be filed and notice given
within ten davs after the election, otherwise the complaint shall not be
valid. Any one or more persons who voted at the said election may
within thirty days from the said election file in the said clerk’s office
an answer to the said complaint, in which any of the allegations of the
Same may be denied, and any statement made going to show the regular-
ity of the said election and the propriety of the action of the judges
of election in receiving or rejecting the votes set out in said complaint,
and a list of the votes he or they will dispute. If no answer is filed to
the complaint within thirty days from the election, no one shall be
heard to deny the allegations of the said complaint, but the persons
making the same shall prove the allegations thereof to the satisfaction
of the court, which, at the next term after the expiration of thirty days
from the said election, shall proceed to pass upon the said complaint,
without a jury, upon such legal testimony as may be adduced by either
party at the hearing of the case. In judging such elections and re-
turns, the court shall proceed on the merits thereof, and decide the
same on the Constitution and laws, and according to the rights of the
case, and enter such order as will carry its decision into full and con~
plete effect. The judgment of said court will be final. When the
complaint is answered, the costs shall be given in favor of the parties
substantially prevailing.

This act shall not be construed to affect in any way, or as deter-
mining any of the issues involved in, the annexation proceedings now
pending between the city of Alexandria and the counties of Arlington
and Fairfax, and the town of Potomac, in the circuit court of Arling-
ton county, or in any way invalidate any proceedings therein, or asset,
or affect the rights of parties thereto.

5. An emergency existing, this act shall be in force from its passage.