The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-19
STRICkI AND WINS
ills APPEAL CAS-
City Warrant against Him Isl
Quashed by Judge Robinson
of the Criminal Court.
ORDINANCE is INYoLyE
AS Arbitrary Powers Are Dele
gated to the Mayor and
Chief Of Police.

"a warrant issued by the mayor
some time ago charging him with
violating city ordinance when he at
tempted to speak on the court house
steps was quashed. on appeal, In the
criminal court Saturday morning.
Judge James w. Robinson holding
that there was no infringement of the
right of free speech by the ordinances
but that the powers delegated to the
mayor and chief OF police by 1t were
arbitrary and the like. and. therefore,
the ordinance was unconstitutional,
Following Strickland's arrest the
mayor fined him and the case was APP
pealed by Strickland to the criminal
court with the result Just stated.
Judge Robinson's decision was as fol-
lows:
This case comes to the criminal
court upon an appeal from a judss
ment Of conviction OF one Fred Guy
Strickland had In the mayors court
of the City Of Clarksburg, and ins
wolves the constitutionality and the
reasonableness of the ordinance upon
which the conviction was had.
The warrant upon which the de-
PENDANT was arrested and convicted
charged him with unlawfully holds
ing public meeting and public
speaking upon the steps and entrance
leading from Main street to the Har.
rison county court house +
which was then and tn are & public
street within the City OF Clarksburg.
etc., without having first obtained *
permit in writing. signed by the
mayor and chief Of police, etc.
The case Is now being considered
by this court upon demurrer or mos
ton to quash the warrant, upon the
grounds that valid conviction cam
not be had upon said warrant. for
the following reasons:
That the ordinanc is an abridgez
ment of free speech as guaranteed by
Amendment Of the Constitution OF (
the United States, and Section 3 Ar
ticle 2 Of the Constitution Of west
Virginia.
THAT the ordinance is not ex-
prassly or impliedly authorized b. the
city charter Of Clarksburg. and Il
therefore nun and void. I. 8 sa;'
3--That the ordinance is discrini..
inatcry, oppressive. partial and UNI
reasonable.
The ordinance in question was en-
acted by the city council Of Clarks-
burg on the Srd day of October. 1918.
and the warrant of arrest is based up-
on Section of said ordinance, which
follows:
Section g. THAT is shall be un-
lawful for any person or persons to
hold, give or have, or cause to be
held, given or had. any public meet
ing, speaking, assemblage or gather
Ing, or parade, In, upon, through.
along or over any of the streets. side
walks or alleys within said City Of
Clarksburg, or in or upon any steps:
platforms. area-ways, or entrances
leading from any street or alley to
any public grounds within the CITY
unless the person or persons desir-
ing to hold, give or have, or cause to
be held. given or had, any such pub
lie meeting, speaking. gathering, as
semplage or parade, shall first obtain
a permit IN writing signed by the
mayor and chief of police Of said
city, granting the applicant or appii-
cants authority to hold. give or have.
70 cause to be held, given or had.
such public meeting, speaking, gath
ering, assemblage or parade.D
What is the maifest purpose of the
ordinance as expressed by the Ian
guage OF Section thereof? So Tar
as this case is concerned il seeks fot
prevent the holding Of public meet {
ings and public spealfIngs upon the
streets, sidewalks, entrances to mn
lie buildings and steps leading to
public buildings from public streets.
without first having obtained a per
init from the mayor and chief OF mn
lice so to do. This ordinance. Il, no
sense, seeks to prohibit any citizen or
class of citizens from expressine
themselves fully and freely upon any'
subject wherever and whenever thew
may desire SO to do. except that Il
prohibits public speaking on the
streets. sidewalks, entrances ann f
steps to public buildings, The lam
guage Of the ordinance does not seek
to suppress freedom Of speech as
guaranteed in the first amendment ~
the Federal Constitution, or is guar
anteed in the bill of rights OF our
State Constitution. 1t seeks to nrel
vent an act which can interfere wa,
and obstruct the freedom OF passa Is 4
by the public over the streets. side.
walks and entrances to public build
fngs. It should be borne In mind
tnat member Of the public has no
property right in street, even
though he may pay taxes for the
(N0vn "A - :, : ~