The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1920-01-13
AGAINST LAW
. TO SPREAD RED
. .DOCTR|NE|NW.vA.
Judge Lowe Calls Attention
to Two Code Sec
tions.
IN GRAND JURY ADDRESS
Sixteen Members of That
Body Get Ready for
Their Sitting.

L.
In addressing the grand jury called
together this morning for the Janu-
ary term of the Criminal court. Judge
Scott c. Lowe laid particular stress
upon two sections of the code, the
first and most important being the
law prohibiting the teaching of doc
/ trines inimicable to the government
and the other the law providing for
punishment of violators of the pro-
hibition laws.
Chapter "a, Sec. 1, of the criminal
code reads as follows:
1t shall be unlawful for any person
to speak, print, publish or communi-
cate by language, sign, picture or
otherwise, any teachings, doctrines
or counsels in sympathy with or in
favor of the ideals, institutions or
! form of government hostile or mimi
cal or antagonistic to those now or
hereafter existing under the constitu-
ton and by laws of this state or the
United States or in sympathy or favor
of the propriety, duty or necessity of
E'crime, violence or other unlawful
methods or terrorism as a means 81
accomplishing economic or poi itical
reform, or In sympathy or In favor Of
the overthrow Of, organized society,
the unlawful destruction OF property
| or the violation OF law.
Section 2. 1t shall be ulawful for
any person to have in his possession
or display any red or black flag or to
J display any other flag, emblem or
, Nf N attt,- ,,tHa
ing sympathy or support of ideals, in
situtions or forms of government
hostile, inimicable or antagonistic to
the form or spirit of the constitution.
laws, ideals, and institutions OF the
state or the United States. Penalty,
fine OF from one hundred to five
hundred dollars and Imprisonment
for not more than twelve months for
the first offense. The second offense
becomes a felony.
Section 25 of the code, regarding
the manufacture and sale Of intoxi-
eating liquors, came in for lengthy
explanation by Judge Lowe. The
judge took occasion to differentiate be
tween a person who may commit a
crime in the heat of passion and one
who, knowing the law, tries to run
the gauntlet and bring in liquors,
hoping to escape either by the failure
of the sheriff's officers to make the
arrest or in case of capture to have
friend on the jury and thus escape
paying the penalty. Such offenders.
the judge pointed out, should not be
permitted to escape. The section of
the law regarding what constitutes
moonshining was also explained to
mean not only still away in some
inaccessible place in the mountains,
but any device for making intoxicat-
ing liquors, no matter where located.
Next to crimes against the govern
ment the judge placed those against
persons, such as murder, assault and
the like, after which were mentioned
crimes against public justice, peace,
morality, public health, public policy
and the election laws.
In passing upon cases which come
up for consideration, Judge Lowe in
structed the jury that fifteen mem
bers constitute quorum, and twelve
must concur in making AN indict-
ment.
The sixteen members of the grand
jury are as follows: Charles R.
Daugherty. B. o. Billingsley. Frank
Carr. C. Fl. Bartlett, ]. W. Hawkins,
Thomas j. Koen, w. II. Grandstaff,
George C. Fleming, William Beatty,
w. D. Michael, H. L. Tenant, E. j.
Parker, Thomas Russell, Henry Lam
bert, tTla H. Lake and David o. Hay
hurst.
The Circuit Court.
The Circuit court adjourned this
morning at eleven o'clock until half
past one this afternoon to enable
Judge Lowe to charge the grand jury
in the court room.
Witnesses for the defendant in the
! case of Holmea vs.. the B. & o. rail-
road are still being heard.