The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1910-11-05
.lEM9lg.RlTIG.. Il 4 IL. CONSPIRACY S ] ! il
SUCCEEDS { & |! 70 THE COURTS
Cannot g|lI!Nl|NlD NIlW NO INTERFERE
REPUBLICAN TICKET KEPT OFF;
ThEsBALLoT BY DEMOCRATIC
X DEPUTY CLERK AND BALLOT
~ COMMISSIONERS. W;

Es. ,ihfN go ~ tf------------+ 81 ,s7i
y It Is to be regretted that special
Judge Nicely did not 60 into the mer-
Its OF the mandamYs proceeding and
decide the very right OF the matter:
and 1t Is to be further regretted that
the fshortness of time. between now and
the election does not permit of taking
the case to the Supreme Court for a
: final decision on! ;ne merits. Judge
Nicely reached the Conclusion that the
appointment OF q ballot commissioner
and the placing Of candidates upon the
ballots by the board OF ballot commits
sioners are political questions" and
the action OF the clerk in appointing a
ballot commissioner and the action OF
the ballot commissioners, cannot be in.
rterfered with and must be left TO the
voters to settle on election day. He
said that he was not deciding which
committee was tho lawful committee,
or which set" OF candidates was the
candidates OF the Republican party,
for to decide that question, would be
deciding a political question" which
he, thought the courts could not settle.
The effect Of the decision is that when
political tricksters. such as we have
in Marion county, combine to defeat
the will OF either political party, as
was done in Marion county, and the
clerk OF the Circuit Court will aid
them In the way OF selecting their bal
lot commissioner: and the board OF
ballot commissioners will also aid
them in placing.their ticket upon the
ballot In the ! lace of the party ticket.
however few tho conspirators are, and
however large the majority OF the par.
.ty may be against whom this. action is
directed etjwhenE tRei z elerkpandt ball.
observation-disclosures Join with suchacon.
|spirators, the party and the people are
helpless, and the courts cannot give Jre.i
lief. This Is unfortunate law. and Mr..
cSeely was Constrained to remark, that
while NE Thought this to be the, law
as decided BY the courts. he, was frank
70 say that lie did not believe 1t was
"good law ,,,s 21s.fr,i. n; b Iir
HIf this is, the law. then the political
parties, and their usefulness. and their
nominations are entirely within the
power of the clerks OF the circuit
courts. II the clerk happens to be a
Democrat. he can have some Republi.
can friend hand him letter asking
for the appointment! OF some one for
ballot commissioner. and sign the let
ter Chairman Of the Republican par.
ty." The clerk will appoint the per.
son mentioned in the letter. and an
other Democrat. Then the clerk. the
other Democrat ana the "Republican"
SO appointed become the board OF bal
lot commissioners. The same "Chair-
man" who sent the said letter to the
clerk, could then send to the clerk "a
certificate signed by himself certify
+, ing nominations for the Republican
ipary: and the Board this selected
could put the "Chairmans" nominees
upon the Republican ticket. THIS AC-
TON WOULD STAND, notwithstand.
Ing the fact that only half a uoxen
men were engaged In It. and the Re.
publican party Of FIVE THOUSAND
VOTERS had held a lawful primary,
and nominated and certified. It's nom.
nations according to law: and the can.
didates nominated by the five thou.
sand voters could not get their names
printed upon the ballots.
- this 10 thC, law anu tlt ClECulH'
stances are such that It is unfortunate.
ly the law for Marion county for this
| election. how important 1t becomes
that the clerk of the Circuit Court be
a man OF integrity; and man who
will look to the interest OF the people
and will not connive with corruption.
lists within the parties to defeat the
popular will. But this is not the law.
Judge Neely's decision does not de.
eide, that the clerk and the ballot COM
missioners acted rightly or lawfully.
He decides that thcre is no law to pre-
vent them from so doing. That there
is no statute giving the Courts power
to prevent them from doing what they
did In Marion county. 1t had never
been done or heard of in this county
before, and the legislature had not
thought TO pass laws against crimes.
the commission of which had never
been. attempted. The net legislature
ought to make some law to prevent of.
fieials OF this character from outraging
the rights Of the people. SO that a
repetition OF what has been so corrupt.
ly accomplished In Marion will never
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