The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-07-10
Peoples Forum.
Common Sense, Common Law and
Jurisprudence.

h~."
readers OF this letter will consider The
fact that | am no lawyer or the s1G
OF lawyer and no jurlsprudist. and
therefore. will excuse the seeming pre-
sumption Of the position l take In
common sense manner in a little
review, retrospective and prospective,
OF the Mcmillan case that has produc
ed some reflections and observations
that are hard for me to reconcile.
A year ago; last spring. Mr. McAfii-
Ian was nominated form seat in the
council from tine Fifth ward and was
elected rs against a candidate who WIS
in favorlot license. and; the people iar
ing also voted against license. Mr. Nc
Milinn' S; position on the question vas
In harmony; and We have had q NO
license city for year. 1t seems In
the course Of a few months OF thu
year. no license, Mr.. Mcmillan very
gradually changes his opinions and
expressions ON the question. anh
thereby excltes the prejudice of solHr
of his former constituency. and they
besln an investigation. Of mis- qualihca-
tions. and the result following was
charges brought out and allegations
set up that he had been occupying
without being eligible to the position
NOW. Mr.. Mcmillan although elected
on no license basis. was made ellgI-
BILE for the position by srbterfHgc nt
title as n freehnlder in order 10 quail
lily, which was absolutely wrong II n
fact, and not worthy of the no license
people. and | presume but few knew.
of the transaction. l am sure lll
not nenr OF IL during the campaign
Now. to qualify Mr.. Mcmillan by sub
tcrfugc title was wrong rs we can zee
TO EpEln with. and 1t Is wonder TO
me that the license people did not dis
cover the fact, and proceed In accord
ancr. However. charges and alle2n
lions are more recently brought
against Mr.. Mcmillan and presented
before the city council. demand being
made for his, Impeachment. The ques.
tlon is taken un. and investigation or
dcrcd To be made. which Is made. ami
the facts connected Herewith sulL+
mittcd to the council for disposal.
Aftc.- legal battle before the coIIn-
ell. Inc charges are sustained and Mr.
Mcmillan impeachcd. and prevented
from taking further part in the co,In-
ellis business or sessions. Mr.. McAtil-
lin was asked by the mayor aud OBJ
his eligibility. which he declined TO
do. no doubt then presents Itself that
Mr., Mcmillan declined to make an.
lnvit MS 10 MS eligibility forfenr o.
sibin 10 BIO brought against him. Thus
standing imprached for n time with
ont action. Mr.. Mcmillan appeals tilr
decision of the council and takes his
case into CIRCUIT Court. where after Z
more comprehensive investigation nf
the allegations set forth against Nj.
Mcmillan. His Honor. Judge Mason
after n careful and lengthy cnnsidcr.l.
ton susta!ns the action of the conn.,
ell IN lmpcachins Mr.. Mcmillan. Thus
he still stands impegched by the sus-
talRed action ant4 decision by His
Homer. Judge Mason. OF the Circuit
Court.
After n time for deIiberatIon. Mr..
Mcmillan through or by the advice OF
some OF his friends and counsel car
rlel his case on up the ladder TO the
Supreme Court by mandnmus proceed
ings. compelling his restoration to a
seat In the council. He still. AZ
sumo. stands Impeuched until the Sn
nrnrEc Court remands It's decision. II
IL has ben received know not OF a.,
or at least IL mas not become public ia
formation. The judge OF the Circuit
Court must be reversed and the action
OF the city council set aside by the DO
clslon of the Supreme Court. Have
these things henn done?
Now. the last sensation looms mp.
The city council assemblies In regular
session to transact Inc business of tho
city to he brought before 1t for dis
posnl, and while In session. Mr.. Me-
Millnn's case Ii presented before thn
council To resent him. Now. mind. RS
scat him. on Its executive board. 1n':
n motion offered which Is clearly oht
of trlcr. md was so decided by h.s
honUr. the mayor. In the CHAIR. Fcs
we see an appeal Is. made from the de,
cislon Of the chair. and u motion made