The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-01-22
DECLARES THE
CONSTITUTION
NASIGIIQRED
Matter Will be Taken lm-
mediateIy to- Supreme
Court:
FINAL DECISION sllN
Local Judge Talked for
Hour and Half 3 Explain
ing His Position.
E!NAE DECISION SOON
Local Judge Talked for
Hour and Half Explain-
ing His Position.

Judge w. S. Raymond n Circuit
Court today oyerruled the motion by
Republican attorneys to dismiss tho
injunction in the Fairmont Gharter
case granted last June at the reasiest
of Democratic attorneys The indnne-
tion which has prevented the model
charter from going into 8efect SINCE
last June was declared spermanetit ns
far as the Marion conntySG Gigcnit Court
is concerned by Judge HaymqndR de-
cision today.
Republican Attorneys Harry SHAW
and w. S. Meredith following Judge
Haymond's decision today promptly
started to prepare papers for AN ap-
peal to the Supreme Court OF Appeals
at Charleston. This court IS n ses-
sion and II a certificate tratiscftpt OF
the papers in the case can be procssr-
ed without delay there Is no reason
why decision by. the highest court
OF the state cannot be handed down
within a short time
In. an oral opinion this forenoon
which required an hour and half
for delivery Judge Raymond based
his refusal to sdismiss the Injunction
on the allegatio ION that the legislative
act creating the model charter had
not been read in fIll three times in
the state senate and that the sena-
tors did not by a foprsffths vote Ru-
thoFizea esomissip 0f reading.
Judge Raymond quoted from 4 GER
titled copy of tie records of the SEN
ate in support tofI his decision declaring
that he did not take into eotsl liberation
the depositio procured by Gonsreas-
man M. m. I Neely3 and State Senator
Scott Lowe from the clerk ana assist-
ant clerk of the senate after the case
had been docketed for reheatirg in
the local court early In DECEMBER
by order OF the snpreme Court
The Republican, Attorney claim
that the act creating the model char
ter was passed By, the Senate as re-
quired by the consti tuition OF the state.
In discussing the contentton Of the
Democrats that the charter rs uncon-
stitutionl because of the alleged liter
acy test, Judge Raymond Expressed
the positive opinion that citizens OF
the state have the right under the
CONSTITUTION Of voting despite the fact
that they may not be abb to read or
write. He declared that the franchiae
and the right ofEfyee speech are the
basis and ground work of American
liberty and that to deprive even the
illiterate of the right TO vote is wrong.
The model charter provide that no
person, unless suffering from physi-
cal disability. shall have assistanca
in marking a ballot. This n the opin-
ion of Judge Raymond r. epnivalent
to disfranchisings the ilIiterate because
the man who cannot read or write
even sound physically Wo1ld require
assistance, In marking q ballot,
Judge Raymond, how eyer declnred
that the section OF the model char
ter disfrachising the tlIttefete might
be- declared constitutional without
that the question: OF Whether or not
it had been passed properly in senate
affected the whole SinstIpmenf ana =
Is on the question OF the LEGALITY OF
its passage blythe senate that the IN.
.iunction was mad perpetual o. taf az
this court Isl conceyneds
Judge Raymond took IN HE charter
case at 10so clock this forenoon. He
disclaimed any Intention Of unneces-
sarily delaying his decision IN the
matter. declaring that ttie case mad
been remand led TO the local court by
the Supreme Court of the State iest
December with an order that Hepup-