The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-09-17
SAYS THERE'S No LAW AGAINST
CITY ELECTION CROOKEDNESS
ATTORNEY JAMES RITZ. DEPEND
ING INDICTED MEN, MAKES
NOVEL DEMURRER TO
THE INDICTMENT.
Prosecute nG Attorney Bachmann "iu
Reply To-day-Thirtecn Defend
ants AL in Court.


ants AL in Court.
nerlar!ng that the state election In"
OF city officials IN elections. Other than
those holding the ofc!,"S Of Chi": OF
police ard city clerk. Attorney J. NJ
Rita yesterday argued IN" 6"murTcfs 20
tho indictments returned REainF' ERE
chief A Bur.ry THOMPSON and asked
Judge Alan II. Robinson 70 quash tAs
indictments IL criminal corr. and took
,re Same course on indictments return
Ell against tweiVe other defendants N
election cases The thirteen defendants
Indicted 80 far 10y the grand jury.
charged with corrupt practices In tho
city election held May @6. were al! pres
ent In court when tho demurrrrs wcr"
argued Tho arguments In behalf OF the
damurrers were answered Ivy Pr"se"u-
ting Attorney Carl q. Rachmann. for
the state.
Mr. Ri,z. in his statement - me
court, alleged that III" indictments N
tho election fraud Eases az" vngu". Un-
certain and Insutrir!"n'. and moved |"
orlash the Indictments on the claim that
no otrorsn IS alleged n the documents
prepared 10y tho grand jury. In >"rI"rt
or hts contention he ri'en Section so 81
the election law. declaring that Il serves
70 save his clients from prosecution IN
der any OF the other provisions or the
state election taw.
No Statute, He Declares.
AL OF these indictments. Mr.. kltZ
said. "ailcsr some act supposed !" have
been committed AT an election h"id IN
tho NV or Wheeling In 1921 The In
lr~r II r
conduct OF this election hut there Is no
law In this state that makes any Of III"
acts alleged 4 felony III" election laws
are statutory and or'cnscs alleged I'M
der then, must be covered 10y statute.
We contend the state can't produce N"
statutes We AaNe examined III" F."'-
lion law and find only one application
10 municipal c!ect'oas. That is toUn!
IN section IS of chapter 3 OF the code.
II that section alone Is not broad
| enough. then tho allegations o. III"
state In thesn indictments cannot He
supported by statute"
MIR. RITZ here read tho section In
! question. and went on 10 ay: Tho
! po!nt !s that section SIS adopts for the
conIuct ~ city elections all OF chapter
% the genera! election law. II does
no, create crimes for commisston un-
,
! the law until tho only officials OF an
election who are affected by /: arc
those who have the same duties In
, city election as n. county officials
have IN a state election. These are the
city clerk the chief OF police and NOM
hers Of council II doesn't touch on
election precinct Officials or clerks.
, BaohmAnn HAS q Query.
TO ! understand Mr.. Ritz" Prosecu-
ting Attorney Carl G. Rachnann put
IN. that you say that the West Virginia
election laws will NOT cover municipal
elections and municipal election Off
cials?''
Mr.. Ritz replied that tina: was his
moaning I'VE feel certain" he said.
tina, tho election ,aw cannot y" rnde
70 apply TO any other municipal ar'hor'-
tie. than those specifically mentioned"
Then" said Prosecutor Rachmann.
| election officials could commit any act
they wished without fear or prosecution
by the state In your belief"
The officers OF the election could
openly steal the gallots." Mr.. Ritz an
swered. without fear OF prosecution
under the election statutes Of West VIZ
glnla. That Is our contention. and We
cite section 81 as our proof.
va. any other point which the defens"
wished TO urge In support Of ia demur-
-er and motion 20 quash the Indictment.
Mr.. Ritz answered that N" indictments
are generally vague. indefinite and I'M
certain.
No Demurrer, Says BAohmAnn.
Then" said tho prosecutor. address
Ing the court there Is no demurrer for
a demurrer must attack the facts OF
n. indictment. II counsel has any fur
thor arguments 20 present. lot Thorn do
90 now Have you anything else 10 say.
Mr. Ri,z""
we won't answer" Mr.. Ritz return
"a we won't admit that We have
| nothing further. and We will present
Arguments later II We wish 10. We are
| not here 10 be catechtsed by the prose
cutor."
Prosecutor Ra chmanp went on record
as 10 tho refusal OF tho defense n say
| that I, had completed arguments on its
| demurrer 80 they can't Jake advantage
Of tho court higher up"
Prosecutor Bachmann did not com
p,ete his argument In opposition 70 the
! demurrers Yesterday. He contcnteh
! himself for tho time being with reldinE
! into tho record section S oc tho city
| charter which, no contends. holds city
! officials to be within tho purview OF
! the state alection law.
Tho seriousness OF this case" he
! said, makes me want TO got the de-
| Tense argument as clear as possible In
, order that II may be answered all ri
! ono time. will not reply AZ this time,
| II the defense has anything TO say fur
ther. let them put It on record now.
will not reply until tomorrow"
Judge Robinson will hear Tho 1ros"-
cutting attorneys reply this morning.
Motor wells are all right. hut mon
Ia hara rnn,n- fnces frnn, IN drI yLrr