The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-06-05
Judge To Decide Point This
Afternoon OR EARLY
Monday.
CITIZENS NA!!T HEARING
City Attorney Asks Court
To Deny Right Of Tax
PAYERS To Be Heard.
Payers UBbs y AAssa =
IiEss-

The Injunction case agaiust the
city commissioning was heard in thv
circuit court this morning upon the
petition of the Republicans who are
nominated as sppeETtsors Of election,
requesting that they, as citiEens ana
taxpayers, be made parttes 70 tho
suit. eg3
The arguments for the petitionera
were made by Judge John VI Mason
and Harry Shaw the other side Of
this phaze ofsthel case being represent
ed by Attorneys NJ. III Neeiy ana
Scott O.. Love- attorney Tor the plain
tiff, and Walter e, Haggerty. the ~
,torney for the defendants the plain
tiff and defendants in this instance
acting in complete harmony as they
have done in the ortgtnal pleadinga
in the case, iustifytngl as the attor
neys for thesp peti itinnefs have charged
,collusion In the case.
The peti titionefs We're very much
pleased with such expression as the
court made during tie argument, one
being that this IS d case Ia wAich
eyerygc eli ttzen Dc Sthe eity has an inter
est and by question: asked the conn
sci forg the Democratic END OF the ar
!gumenta that be, place the right Of
franchise above othef pernonai ana
property rights, showing that the
court entertainB hign refDecl Tor Tho
most sacred right ot cie1enahip.
The ttorneys for AEf. Anderson. the
plaintiff cited many authorities which
they claimed would not justify the
entrance OF the petitioners in tne
case, but they had to admit that they
could find mo law covering this case.
the cases cited Involving property
rights and then rights Of petitioners
were only denied when It was shown
that their rights would not be impair
ed by the decision In the case.
The case or argument Tor the peh'
TONERS will naturally, In the absence
of legal ecfsions ae 4 precedent, have
TO be decided from = point OF equity
and although tie Democratic press q
the city representing. no doubt, fh1
plaintiff and defendant who are nlleE
ed to be in collision TO prevent tin
hearingsu the validity OF the char
ter, has demanded q full hearing, the
courts: the attorneys for that side Of
the case most yeiiemously protested
against the Republican citizens ana
taxpayers having q nearing al AL.
Mr.. Nicely during the time Mt
Shaw was addfessfns the court al.
luded to the fact that the Legislature
had failed to pass the amendment Tor
referendum vote on the charter 10
which Mr:sShaw replied that the ven
known way the Democratic ring has
Of defeating the win OF the majority
at the polls was suiticient answer 10
this. 4
Then Nir:sN Neely made the same mia.
take that George ID Miller made al
Charleston BY charging that the
Democrats had not been accused OF
anysball6ts TO cover up fraud.
Mr.. Shaw came hack with the solar
plexus blow that Mr Neely was rep
resenting today IN court the very
man against whom THIS charge WAS
made 4 he being one OF the city COM
missfoners: Mr.. Nicely, In an euqrf
to sustain an honorable record "a th9
court most Vigorously denied that he
ever represented m any court per.
sons charged with such crime. ana
Mr.. Shaw then appoiogizeu 70 Mf
Nicely and stated thst 1t was Mr. Haf'
7gerty who claimed the honor Of rep.
resent ting tie man Mr. Nicely CHARGED
with burning the ballots.
III 5After8 Messrs. Nicely and Lowe mace
their protes against the nline Of tho
petition ME T0OY Haggerty arose
lin ansafrs Of Solemn and profound dig'
nifty and voiced the same opinions
and asked the court that the right or
Sthe petitioners TO he heard ln the
case be denied:
ThegcoIrt stated this morning tnqt
this case should be speedily decided
jand that ne asWould either give his de'
cisionR upon die fling Of the petition
this evening Or by . o'clock Monday
morning!
After this Is determined the case
will Hbe heard upon the merits OF the
arguments and papers fled.
- The attorneys for the petitioners
made the point that he petitioners.
being citizens and taxpayers nAa
Tie same right to eppeat
IN the pIeadings as did the plalntln
irswhose name tiie suit was inetiuteo
and this sseemsto be very reasonable
view TO take.