The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-19
SIRICk AND WINS
fills APPEAL CASE
lcity Warrant against Him IS
Quashed by Judge Robinson
Of the Criminal Court.
ORDINANCE is INVOLVED
las Arbitrary Powers Are Dele
gated to the Mayor and
Chief of. Police.

f1IIf = ~ * .ftt ),
A warrant issued by the mayor
some time ago charging him with
violating a 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 abridgement of the
right OF free speech by the ordinance
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 ap-
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 judg-
ment of conviction OF one Fred Guy.
Strickland had in the mayors court
of the City of Clarksburg. and in.
wolves the constitutionality and the.
reasonableness Of the ordinance upon
which the conviction was had.
The warrant upon which the de-
fendant was arrested and convicted
charged him with unlawfully hold
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 thore s public.
street within the City Of Clarksburg,
ETC.. without having first obtained a.
permit in writing, signed by the.
mayor and chief of police, etc.
The case Is now being considered.
by this court upon a demurrer or mo-;
tion to duash the warrant, upon the
grounds that valid conviction cana
not be had upon said warrant, for
the following reasons:
Z THAT the ordlnanc Is an abridges
ment free speech as guaranteed by
Amendment l OF the Constitution OF
the United States, and Section 8 Ar.
ticle 2 Of the Constitution Of West
Virginia: Z q
That the ordinance is not ex-
pressly or implledly authorized by the
city charter OF Clarksburg, and Isl
therefore null and void.
3-That the ordinance is discrini-
inatory, oppressive. partial and lin-
reasonable.
The ordinance in question was en-
acted by the city council of Clarls.
burg on the 3rd day Of October. j GIG.
and the warrant of arrest Is based ,i,-
on Section 8 of said ordinance, which
follows:
Section 5. THAT is shall be un-
lawful for any person or persons to
mold, 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 desirs
Ing to hold, give or have, or cause to
be held given or had, any such pub
lie meeing, speaking. gathering. as
semblage 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-3
cants authority to hold, give or have.
70 cause to be held. given or had,
such public meeting, speaking, gath
erlng, assemblage or parade =
what is the maifest purpose Of the
ordnance as expressed by the Ian
guage OF Section thereof? So far
as this case is concerned It seeks to
prevent the holding Of public meet
ings and public spea1sings upon The
streets. sidewalks, entrances 10 pubz
lie buildings and steps leading to-
public buildings from public streets.
without first having obtained a pgfz
nit from the mayor and chief OF no.
lice SO to do. This ordinance. In no !
sense, seeks to prohibit any. citizen or
ciass OF citizens from expressing
themselves fully and freely upon any
subject wherever and whenever theH
may desire so to do. except that il
prohibits public speaking on the
streets, sidewalks. entrances and
steps to public buildings. The Ian
guage OF the ordinance does NOT seel,
10 suppress freedom of speech a
guaranteed in the first amendmenffo "a
the Federal Constitution. or is eiiars
anteed in the bill Of rights Of our
state Constitution. 1t seeks to pre-
vent an act which can interfere with
and obstruct the freedom Of passage
oy the public over the streets. side
walks and entrances to public build
ngs. It should be borne In mind
nat q member OF the public has no
property right in street. evan
though he may pay taxes for the
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