The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-03-11


this morning at 10 o'clock Mayor
Bowen presided after which Attorney
H. H. Rose opened the argument for
the city, He held there was but one
issue before the board-whether OF
not the frequenters OF the club house
constituted a public nuisanc. Under
section So the board Of affairs is
authorized to "Abate and remove all
nuisances" declared Attorney Rose.
He was certain the vulgar language,
improper conduct, loud singing and
other annoyances created a public
nuisance. He drew the lines between
physical nuisance" and one which
is caused by tumultous Behavior.
Justices Authority.
Attorney l.. c. Musgraye, cousel
for the defense, argued that there
was no provision under the city char
ter to declare the place a public
nuisance. He contended that nui-
sance was not defined in the city
charter to declare the place a public
nuisance. He contended that nui-
sance was not defined in the city
charter and there was no remedy. At
this point Commissioner Lehman
stated that all of the ordinances I'M
der the old city charter were made
effective in one Of the closing chap.
tiers Of the present charter. Attorney
Musgrave contended that evidence
showed that great deal of noise
came from the part occupied BY
roomers. The noise came from that
direction, but he conteuded only
three witnesses actually knew Of any
from the club house itself.
Establishing Nuisance.
Attorney Rose cited the case OF
Parker VS. the City of Fair1nont in
which the supreme court held that a
place was OF was not a nuisance. He
explained the meaning of abatement
and how nuisances could be abated
by private citizens stopping them by
their own efforts as long as they
did not use force in doing so. a
nuisace could be established by the
fact that oe hears or observes 1t and
he added that If any Of the members
of the board Of affairs had heard it
themselves that no investigation
would be necessary.
Color lines were not drawn among
the frequenters of the Union League
club, which has its headquarters AZ
IL Pennsylvania avenue, according 70
a number of witnesses who testified
before the Board of Affairs yesterday
afternoon as to vulgar language and
revolving scenes that were witnessed
there. Negroes and negresses and
even whites were among the habitues
according to the testimony Of a num-
Der of law.abidiug citizens, who are
obliged to pass the place.
Suspicious looking packages were
taken from automobiles and taxicaos
and drunkenness and lewdness
abounds to such an extent that some
of the witnesses said that it is not safe
for women to walk unescorted. Since
the mayor issued the "clean up" order
noticeable improvement has been
seen and blue coats are claimed to be
on their beat" suppressing the I'M
wholesome conditions Of that vicinity.
Nine witnesses we're heard and with
possibly one exception all OF the par.
ties we're annoyed by the presence Of
this crowd being in the neighborhood'
After hearing the testimony OF these
witnesses Mayor Bowen continued the
investigation for a further evidence.
taking this morning. 1t developed
that during the investigation that the
noise came from this building, but that
there were several colored families
there and shade Of doubt arises as
at least one Of the families also had
misbehaved.
Evidence was given to show that
prior to election whiskey was there
and thereafter in the investigation the
"firey goods" was designated as "elec-
ton whiskey." There is fighting,
wranglins and threatening. Booze is
being consumed there, the witnesses
say, and even at day time the bolster
Gus talking interferes at times with
the school sessions.
AS many as 100 to 200 empty whis-
key bottles are said to have been piled
in that section and one OF the wit.
nesses compared the numerical
strength Of the occupants to rats. The
stencil is viler than that at the crema-
tory, one witness declared. Some wit
nesses claimed that the place had an
unsavory reputation for two years.
Not long ago an occupant Of the house
poured dirty water on a passerby.
Bestiek Called.
Dowdy Bostick was the first witness
called. He said he lived there one
year and subjected from Howard. He
served meals and at the present time
had five boarders. At times he served
single meals. He said the dues to the
club were ST. Nothing stronger than
pop was drunk according to Bostick.
His boarding charges are S6 a week.
Has No Chaplain.
When Douglas Howard, one Of the
parties who rents the place. was called
to the stand he admitted that the club
had no chaplain and did not observe
any Sunday exercises in answer to
FRECR