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

went o. affirmative showing Of The
reading thereof IN fnl1so second read.
ing the defendants could at once
take the original papers and apply
toStheS Supreme Court for an appeal
which would no doubt be- allowed:
THUS THE QUESTIONS WOULD
BGETs1NgTHEsSUPRBMEgG0 URTs1G
.STHIS FULL MANNER BEFORE
lisOMEa ONESC 0uLDH APPLY FOR8A
TO COMPELs THE
BOARD OF sAFFAIRS TO$APPOINT
IONB{SURERNISoRS !, on
which only the polit ical questions
would arise, and aposssibl only one ot
such qnestions. II IS eyed that
with the case mentio toned In the Sl1;
preme Court on appeal, that court
would hes;tat to award ia mandamu
andgmores so than if the case was not
there. In other words those attack
ling thesact desire to get into the 81,
pfeme Court with a. decree declaring
the act invalid before those fayorinE
the act get there with a mand amua
proceeding presenting only one OF Y
few Of the hume rous questions:
"The other procedure under constd.
GRAFTON is to give the fendantss mem
aberos OF the board Of affairs, notice
that on the morning of June LIST, the
BILL will be presente fol! an tn1unc tton
Diminishing them with a copy of the
!bill) !, and on that day they to file their
answer, Swfli ch makes the case a pend.
ing case; but the iniuncti ion awarded
under the procedure might only be
temporary and there might have to! be
a motion to dissolve, which might con:
sumo some time, during the interim
of which the friends Of the act might
get to the Supreme Court first.
"sln either event, ecunsel tof the plain
tiff and defendants should present the
'pleadInas and papers to the court not
later than Friday, so 5as to give him an
opportunity to examine them and In
sure promPt action; as the saetionEm must
be prompt on the first Of June:
'.Mr. Anderson is selected as platntltt
because he is free:holde Ter, q lega!
voter, and can neither read nor write
The bill. is signed by Reuben. Ander.
son with his mark and by Attorneys
M M. Nicely and Scott C. Lowe, his
attorneys. The attorney for the plain.
tiffs Is Walter Haggerty, city attorney
for Fairmont, all parts and parcels OF
the Democratic ring OF Marion county:
The new charter, If carried out, pro;
yides for the holding of ange ctton9 to
elect an administration in lieu of the
-four commission now serving, they
being the defendants in the action.
Mr.. sHaggerty is not only the city at,
torney, but the chairman OF the Marion
county Democratic executive commit.
tee. His salary as city attorney
amounting to $1,000 per year Is at
stake, as well as the salaries of the
city commissi oners, who each receive
So, 900 per: year with $500 additional
for the mayor, the defendants.
Mr.. Lowe is an ex-pros cutting attor-
new OF the county and an ex.chatrman
OF. the Democratic county committee
and now state senator sby the grace
of the Demo cratic ring. Mr. Nicely Is
q CONGRESSMAN, receiving his favor
from the same source: 70
Here are all the interested parties,
a part and parcel gof. the Demo cratic
ring appearing on, both sides of the
case 5YhereS the people sthemse selves arc
Sin fact the interested IN arttes:
Under5th his tsftuati ere was moth
ing expected but "a weak defense, but
the idea OF an absolute collision was
very greatly strengt hened when Mr..
Continued on Page Nine.)