The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-06-03

Double Deal.
ceontinusd tsoE
Fbe document teund WITH the pal
as follows:
y TIE MXsTERIo gs DOCUMENT.
sThe bin AYERS that section ID Of
article q does not allow assistance IN
voting to "a person who cannot read
or write:
sTheS only Their things in the act
relating thereto seem to be the pro-
vision ton 20S !ots article g:
.syVhoeyerg furnishes d ballot to- an
ielector who cannot read, Informing
him that It cont ains a name different
from thoseSwh ichl are ritteng or print
ed thereon" ss3 I'M sS
s.s.And also the provisions in section
E16S
whoever. being a eommtssio ROT
election, imisle adsI an iliiteratel or blind
|eIector. or an ele ctorS who II unable TO
prepare his ballot etc. = X H b 81
eve take the position that inability
to read and write is not q physical
.infrmity; and that there is no express
provision giving aid to one who can:
not read or write. The provisions OF
sections 1853 and eos, - both relate to
offences, and a great deal lis to be
read in either OF them ifs 1t be said
that they many sense tend, to lallowtt to
one who cannot read or write:
"Conceiying the new city charter to
be invalid, and to be the most vicious
piece Of legislation ever, enacted,
viewed from Spracti caIlyi every angle
\ (political, business and other) the
same is to be at cked in the court by
aEbil1 filed by Reuben Anderson against
the present City, Board OF Affairs. The
object IS to en- join the board of affairs
from appointing the election super.
visors, which is the first step in
inaugurating and putting In force the
provisions OF the act. The supervisors
are required to be appointed on Or
before the first day of June. No In:
terregnums in the city government will
occur by this injunction, or while the
bill is being passed on by the courts;
as the act Of 1913 will not be re.
pealed unless the 1915 act is valid.
The suit will raise these questions,
among others: \ q
~ The question whether the leg
islature can pass an act creating ajclty
charter without the notice required
by law having been published. I,
o whether or not the 1915 act
was read on three separate days in
the senate, the constitutional rule not
having been dispensed with. ~
3(3) Each section will be attacked
as being void and 5inope rative for the
foregoing reasons, and because inner
emily vIolative OF the constitution.
Among these will be the provision
vesting Gas We claim) judicial power
in the election supervisors (who
are undertaken to be vested with the
power Of the courts in regard to cleo
tions) and It is clearly yiolative of the
constitution to undertake to vest
judicial power in any. person other
than the courts prescribed in article
s of the constitution.
"Thei section denying voters theright
to aid intpreparing their ballots would
seem clearly to be yiolative OF: the
constitution, as a man who cannot read
or write can have no assistance under
the act and inasmuctl as the ballots
are not all printed alike; the first
certain number begin with the name
on one candidate and the others follow
ing, and the next certain number are
begun with the second name, the
others following, and the name swhtcn
is first on the first series is last on
the second series, ETC.; and as mo
sample ballots are provided for (as
we understand j thustit Is seen that
the act not only expressly provides
that persons not suffering from appaT-
emit physical fnfrmfti ties can have no
aid but the. provisions 50 mix 7up the
ballots and candi dates names as to
confuse and len ttreIyf prevent him from
selecting the cand for whom he
might desire to vote. A penalty Is
provided for the election commission
ers violating of the provisions, SO that
they cannot assume authority to aid
such voter (no such authority being
given by the act) without subjecting
themselves to penalty. The. net re:
suit is that the act absolutely dis:
franchises such a voter. ~
4(4) "The act allows the creationsot
debts by the city in violation of. the
constitution, allowing the city to guar
antee paving charges. This is, never
,theless, the creation of Z. q debt. al
though underta ken. to be disguised
Co e; .tThe act would seem to allow
bonds TO. be issued for paving, etc,
purposes Gas we construe it) without
alyote. Then there are other questions
1.-TWO 4 MODES OF PRESENTING
THE BILL ARE BEING gCoNS1D.
Erred THE FIRST ONE 1s:5
"Instituting a regular suit, return
able on next M onday, which Happens
to be the rule day (andf the only rule
day, under the peculiar pro tsions OF
the code, where a term of court begins
as does the June term u; serving pro
cess on the four commtssio ners, mem.
bers Of the board of affairs, who are
the only necessary defend ants;9 filing
the bill lat rules j; the defendants fling
their answer at rules, which will
make the case read for hearing and and
then presenting the case on the morn
ing Of June 4 LIST forsa deere The case
would be read y for final decree. The