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The Glenville Democrat
Glenville, West Virginia
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January 1, 2009     The Glenville Democrat
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January 1, 2009
 

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lilliIHIIIl|iillilllnllliiilUlll _ _1 _ _ _ . llllUllniJJlliiHlnll:illllllltillliBliglm - . - :- - _ - - Iillll Happy New Year, & beware: 'Pubfic Citizen X' may be looking at YOU/ One of the worst aspects of the national recession is that thefts plain, unadulterated stealing are going up by 10 percent in the nation's top retail stores, according to law enforcement authorities. We'd hope that no Gilmer Countians would be among this growing list of criminals falling into the petit, and sometimes grand larceny groupings. Why? Well. first and foremost, you may get caught ! This is a true story that happened here in Gilmer County, and I've changed the names to protect the innocent. At the beginning of the recently-completed Christmas shopping season, a family of four walked into a local retail store, intent on buying some necessities, but also in stealing some merchandise either for their own use or to sell for drugs or whatever. They spread out through the store, placing this or that product into their cart. When they finished shopping, they went up to the check-out counter to purportedly pay for all of their merchandise. As the only sales clerk on duty started ringing up their goods, one left the line. and went back into the aisles to get something they had forgotten, while another placed a higher priced radio on the floor. As the family members who were paying started to take their first cart out of the store. as the clerk worked on the second cart, one of the people started a commotion. When the clerk looked away from the check out items, another family member placed the radio in the first cart. as if it had been paid for and started walking. After the family completed their transac- tion, they left for their car in order to place the paid for and stolen items in their car. And, off they would go, to continue in their life of similar crimes elsewhere. The Corcoran Column By David H. Corcoran ublisher-Editor Little did they know that in this store. "Pub- lic Citizens X" had been standing, shopping himself, but watching their suspicious behav- ior as he walked along. Then, promptly approaching the check clerk, he asked. Didnt you see that they stole a valuable item and are making off with it'?" The clerk responded. "No! Sighing, she then added. "I don't know how to handle this type of situation." Public Citizen X replied. "I'll take care of it!" He then ran outside to the family in ques- tion. as they were placing the items in their car. He confronted them: "You stole a valuable radio here. so do you want to give it to me to return or do you want me to cell-phone the State Police to come here and arrest you?" They all looked at each other, then one of them spoke: "You can have the radio back." In taking the item from them, Public Citizen X justifiably lectured them. "You need to set a better example for your children. You don't want them growing up and thinking that steal- ing other people's property is all right." He took the item back into the store, and returned it to the happy clerk who thanked him for his private citizen's intervention. Hence, to anyone out there who thinks that they can go into our local stores and steal whatever they want, you'd better be certain t that Gilmer County's Public Citizen X is not there and watching your every move! Other- wise, you may be arrested for either petit or grand larceny by a State Policeman, a Deputy Sheriffor a Glenville Police Dept. patrolman. (Again. let me emphasize that the above story is the truth, not a fictional account. It was told to me by Public Citizens X himself. I can affirm that he does live in Gilmer County, is on the outlook for criminal activity, and knows how to handle it. as a private citizen. Beware ! ) Happy New Year! On a more cheerful holiday note, we editors and the staff of The Glenville Dem6crat and Glenville Pathfinder newspapers want to wish each of you readers, our advertisers, and sub- scribers a most Happy New Year of 2009! In addition, we want to extend these well- wishes to all of our public officials, with whom we work throughout the year. And, maybe even suggest some New Year's Reso- lutions to them! To the County's Board of Education. we are pleased to commend you on discussing more educational issues in the open, rather than behind closed doors in your executive sessions. Continue your 2008 resolution to keep eliminating these unneeded cover-ups! To area people interested in the BOE, remem- ber that one benefit of open meetings is: Discussions in open forum not only speed up the sessions, but also make the Board's deci- sions more understandable. A second benefit: The general public will become more in sync with the needs of our public schools, thereby becoming more helpful to each school's im- provement committee. In general, more Gilmer Countians attend the BOE meetings than any other public meeting. To Superintendent Ed Toman, who has been schools' superintendent here for four Continued on page 5 A personal Christmas, a tragic death, & the Legislature's start-up By Brent Boggs, State Delegate (Gilmer-Braxton) Christmas 2008 is now a great memory and we're on the verge of the New Year. Our family enjoyed a blessed Christmas holiday season, even though we could not all be to- gether at the same time. While we had to make some adjustments to cel- i]iiiiiii]iiiiiiiiiiiiii::::::::::*iiii]i]iiiiiiii!iiiiiii i::::':" .-:":!!!ii]l ebrate the holiday over sev- eral days, I was thankful that the family could spend time together. A tragic loss for the state Our holiday celebration was subdued by the tragic news that a friend and col- league, State Delegate William Proudfoot was killed in a weather-related traffic accident on Christmas Eve. Most recently, Bill and I served as Vice-Chairs of the Judiciary and Finance Committees. respectively, and of late began serving together on the Rules Committee. A farmer, veteran and retired educator. Bill was a good friend and outstanding representative for his constituents in Randolph and Pocahon- tas Counties. Our thoughts and prayers are with his wife, Lynn and their children. The upcoming session The 2009 state legislative session is just around the corner and I've had several folks inquire as to how the House and Senate for- mally orgamze after an election and at the beginning of a legislative session. Here is a brief overview of the process, as compiled by the Clerk's Office. The Legislature assembles annually in the regular session at the seat of government on the second Wednesday of January, and not otherwise, unless convened by the Governor. The custom is for each house to convene at 12 noon. Upon convening in odd-numbered years, each house proceeds to organize by the elec- tion of officers for two-year terms. The prac- tice is for the Clerks of the respective bodies to initially call proceedings to order. Under the Constitution, the oldest member of each house in point of continuous service present at the assembly of each new Legislature as- sumes the chair, calls his respective house in order, and presides over it until a presiding officer is elected and takes his seat, a Senate President and a Speaker of the House of election) of a Governor, the Legislature ad- journs after the organizational meeting and publishing election returns, until the second Wednesday in February. Therefore, the first regular session of the Seventy-ninth WV Leg- islature will convene for the 60 day sessionon February 11, 2009. Governor Manchin will deliver the State-of-the-State message at 7 PM that evening. How to contact me! Delegates. I look forwar d tg:kee.ping you informed, The ses sion is opened with prayer and Pledge.: along w.ithxec, eifiments and con- of Allegiance, following which a listofmern -;' '+" cerns. Untfftl essi', plea'se'addresS bers:elect'are received. The roll'isthen called y'0ur c0tresp0hder'hoe-offiee: PO and the oath of office administered to the Box 254. Gassaway "rv 26624. My phone members determined by the Secretary of State to have been elected. Next. the Senate is ready to proceed to elect a President and the House of Delegates a Speaker.+ Following the election of these officers by a member-by-member voice vote, each house then proceeds to the election of other officers (Clerk. Sergeant at Arms. and Doorkeeper). Afterwards. each house will adopt rules governing the legislative proceed- ings andeach to inform the other house of its organization. Then a concurrent resolution is adopted raising a joint committee to inform the Governor of the Legislature is in session and ready to conduct business. In sessions of the Legislature following each general election when a Governor and other officials of the Executive branch are elected, immediately upon the organization of the two houses, they shall meet in joint assem- bly in the House chamber, where the Speaker opens and publishes the election returns in the presence of a majority of both houses. Ordinarily, the Governor appears before the joint assembly to deliver his annual mes- sage. He advises the Legislature that he would be pleased to address a joint assembly and the Legislature, by resolution, provides for a joint meeting of the two houses for this purpose. In the year following the election (or re- number is 364-8411 and fax 364-8711. Also, mail may now be sent to my Capitol office at: Building 1. Room 228-M, State Capitol Com- plex, Charleston WV 25305. As we continue to relocate my office from the Finance Committee to the Majority Leader's Office. there will be new telephone and fax information as soon as staffcompletes their work early in January. As soon as this is finalized. I will publish the information so that everyone can note the changes. For those with Internet access, my e-mail address is Boggs34@aol.com You also may obtain additional legislative information, including the copies of bills. conference reports, daily summaries, interim highlights, and other information from the Legislature's web site at http:// www.legis.#tate, wv.us/If you write or leave a message, please remember to include your phone number with your inquiry and any details you can provide. As we begin a New Year, always remember to thank a veteran for their service to our nation and continue to remember our troops at home and abroad and keep them and their families in your thoughts and prayers. Jean and I wish each of you a healthy and prosperous New Year. Until next Week, take care ! ii Uii!ii!iiiiiiiiiiii!iiiii!i!i!i:iiiii!iiiiiiiiiiiiii:ili)iiiiiii!iill i iiii!iliiiiil i iii:i:i:i!! :iiii!!ii:iii i i iii!: :i:i ii:(::i)i:i Lttr i i):i:i:i:i:i/iii;i::.:iiiiii!iiiiiiiili!ili i if: i i iili!ili:: i:i i::i!ilil t i: iiii !iili: : !:i:::i!:i ::+ EditOr i i =: :' :%ii'U:::ii)i:: iiiiiii:::i !iiiiiii: ii!i:!i :ii:::!::::!i : ii:i::i: i: ::i i  i  i :il i;i !: i: i: i!iiiiiiiiiiiiii iiiiiiiiiiiiiiiiiii!iiiiiii!iiiiii!i!i:iiiiiiiiiiiiii!ilili:ii i !iii il ;iiiiiiii iiiiii!iiiii!i:iiiiiiiiiiiiiiiiiiiiili iii!ii! Part One: Have the Federal Courts lost interest in providing oversight to West Virginia Courts? Dear Editor, "Nor shall any state except West Virginia deprive any person of life, liberty, or prop- erty, without due .process of law." This variation of the 14th Amendment is the big shinola sandwich served up by West Virginia. Equal protection of the law apparently loses some sgnificance in areas of innate inbreed- ing. But. be content in knowing that the state's prison industry is alive and well. West Vir- ginia has found a use for its poor and unedu- cated. A warm body is a terrible thing to waste. The federal courts that I've had anything to do with do not appear to be any too interested in innocence, or guilt, either. Maybe prison inmates are not supposed to figure out the purpose behind the lower federal court's ob- stinate insistence for obedience to appellate "rules." The lure clearly leans toward the state-friendly whitewash principle that ha- beas criminal relief should arbitrarily be de- nied whenever possible. "Hanging in the balance is the continued capacity of federal judges on whom jurisdic- tion has been conferred to neutralize the effect of state court decisions that are contrary to the supreme taw of.the land." And the protec- uons of the federal constitution go on trial with every case that goes before the 4th fed- eral circuit court. One of the problems (more or less nation- wide) that victims of the West Virginia crimi- nal justice system have (and one that is a blessing to a corrupt system) is the confusion and hardship experienced as a result of their criminal convction mysteriously metamor- phosing into a civil action after their direct appeal is flushed down the crapper by the West Virginia Supreme Court of Apathy. There is clearly a civil fights problem here that is being completely ignored by the federal courts. The untenable evolution from 'crimi- nal' to 'civil' acts to withdraw federal consti- tutional protections from the habeas peti- tioner because someone has arbitrarily decided to invoke the requirement of a civil remedy to a clearly criminal action. The reclassifying of a criminal action to a 'civil' action is somewhat confusing, because the actions are clearly not 'civil' actions. Anderson v. Butler. 886 F.2d 111 adds to the confusion. "...modern habeas corpus pro- cedure has same function as ordinary ap- peal." Really? A direct appeal to a criminal conviction is a criminal action. If habeas has the same function as the appeal, why isn't that particular habeas action consid- ered a criminal action also (there already Continued on page 5 i li!i !i!i!i0000ii!00iiiiiiili00i:i00! i:00:i00i,iii!iii00iiiii!i!iiii!:iii!i:i00iii!i!i00ili00i,!i !:ili 00i:!,00:ilili00ili:i00iii00iiiiilili00ili00!i !00i:i:00ii:i'i!i!iii:i'i00ililiiiiii,00:iiiii!i!:iiii00i0000!!iU ilii: ': iliU:000000iii!!iiiii0000+:00:ii00:0000:00000000iiii00i000000i00iii00001i,iiiiii00ii!i i iliiiiiii00ii!i!iiiiiiiiiii00i::00ii'ili00i!ili!i'i,i00iiii:i i0000:ii: ii 00i00i!i00iii!i00i00i00i!i!ii00ii00iiiiiiiii!!iiiii00!00ii!00i00iiiii!i00i00i!i!i!iiiiiii00iiiii00i!!iiii00i00i00i!iii!i00i00iii00iiiii00iiiii!iiiiiiiiiiiiiiiiiiii00iiiiiii00i!i00 Editorial New Year is here J Resolutions for 2009 are needed for progress Even though the national economy is sputtering, things are going fairly well here in Gilme'i" County and central West Virginia. In general, we haven't seen all of those ugly foreclosures of home mortgages, the banks faltering and being merged into larger ones, a dramatic drop m retail sales, or the need to secure any of that $700 million in federal governmental bailouts for our country's largest insurance companies, other financial institutions or automobile manufacturers. To the contrary, many of our, local and regional business people have seen their cash registers ring enough to authenticate a pretty good year for 2008. So. for 2009, let's remain positive, thereby keeping up these winning ways! At the same time. and to remain in sync with our area's business community, we local folks would be well advised to make several New Year's resolutions tbr 2009! If we want our county and region to continue to progress, prosper: and to be a good place to live. work. and raise families, we have to keep good mental attitudes and continue to look and move forward in 2009. After driving through the county ant observing the landscape, we editors have noticed that Gilmer Countians need to sit up, recognize our problems, and, then, do out own fair shares to correct them. If everyone as individuals and families recognize that some improvements need to be made. and that those improvements should start with us. we'll be okay. To do your fair share to accomplish this laudable goal/please take the following pledge: For the new year of 2009. I. (insert your name), firmly resolve to do the following to make Gilmer County a better place: 1 .) I will not tear down. shoot at, or otherwise deface our County's "Welcome Signs" at the entrances to our county. About 13 years ago, all of these signs were planned and built by civic-minded volunteers through a generous Benedum Foundat]on grant, as a means of showing our warm hospitality to our visitors and tourists. Sadly, in 2008, many of these signs were vandalized, and our public officials had to have them repaired and repainted, whenever possible. Such a disrespect for public property, especially damaging signs designed to .show the warm hospitality" of our friendly county, is disturbing, even shocking to those strangers whom we so want to welcome and who we want to feel at home here. (So. shame on you drunken and/or youthful vandals who deface our county's signs!) 2.) I will do my fair share to prevent the littering of the highways, streams or forests of our beautiful County. The littering problem here is the people, "WE" an ugly practice that many of us locals have which mars the view of our rural and scenic country landscape for residents and tourists, alike. 3.) I will keep unsightly junk and other debris out of my front yard and around my property. This junk creates an eyesore which does not reflect well on either me or Gilmer County. 4.) I will participate in any anti-litter or county Clean-Up Campaign that is offered, whether it be for disposing of tires, metals or whatever. Such materials are not only dangerous to walk around, but also unhealthful for the people and the environment. Moreover, I will, personally, encourage our governmental bodies to get in sync with the Mountain State's beautification and anti-litter initiatives in order to make these local clean-ups happen. 5.) I will support my area's efforts to make our communities beautiful. Indeed, Gilmer County is an out-of-the-way place of great beauty and charm, but to be lovely looking, one has to be able to see its natural assets clearly, not just imagining it through a good number of cluttered yards and falling-down structures. I will, therefore, work, at least, to give my vocal support to our County's Dilapidated Buildings Committee to correct the problem properties in my owr neighborhood. Also. I will work with the mayor and city of Glenville to rid these eyesores from this college and county seat community. 6.) I will join one civic-minded orgamzation in order to improve the social life and environment in my area. In particular. I will volunteer to help out our newly re- energized Downtown Revitalization and Beautification Committee in Glenville. Or, I will aid the Blueprint Communities, CreateWestVirginia, or Recruitable Communities in their good efforts to improve our county. 7.) I will report to the local law enforcement agencies any vandalism or thefts that I see going on':in our county; and I willrespect the property of OtrrS, es public lands, like Cedar Creek State Park ..... .:./../.,i 8.) I will ciean-up, fix-up, and pami,-up my own property this coming spring lna county-wide effort to make Gilmer County more attractive and to increase the value of my property. 9.) I will attend one or more cultural events being offered at Glenville State College. Also, I'll recommend GSC to one or more of my out-of-county friends,as the college of choice for the higher education of their children. 10.) I will attend several of the games and cheer on one or more of our fine Gilmer County and/or GSC athletic teams during.this coming year. That's real entertainment right here at home! 11.) I will help out our local and regional economies by shopping at home, when I can get what I need here. 12.) I will stand up and be counted ,as a loyal Gilmer Countian and am proud to be a part of it, especially in helping to improve all of our County and region's communities. In general, I resolve to do my best on the above throughout 2009 in the interests of myself and in the betterment of my County. These resolutions are important steps that each person can take in order to help create a better atmosphere in Gilmer County, where all of us live, work, and/or play. By these above-stated resolutions, we Gilmer Countians will also show our sense of community and personal pride. The New Year of 2009 has the potential to be our County's best year ever, if we Gilmer Countians and central West Virginians choose to make it so! DHC, Sr. Edge of the Y[AI00'9 (HI) by George Harper MOVlNO A SIGN OF OUR TIMES? (lots of folks o, the move for rtaso00 or a,other?) ...i .............. " Davicl H; Cbrcoran,.:S.:PUb!!sherEditor " ............................... -.....:..: =i:=i :=:.= :!i ::ii.: i :.: : ..... : : : ......... :::: : : ::i :.i : i:: ::: : !: ..... ............ :: P.O;Bok 58 .:t:08 N:C0u::St:*Glenille;::WVi2635]: ":: i "::. :. : ::ii : :: i i: .:::i:. :" :':: " 5:- :ehec00::00outi:our Web:: Site:::::00Wmgieh:vil/eneWsicom: : i ::: ...... ffhUtlays on-line weekly edition may bi :idil,ydd :tii:to :ather or::techniea!::prob!ems):: ; .... : ::::::::::: :: ViSA&Mastercatd :are:nOw:accepted :: ::: : .... : . . : : . .: : .: : ::::.::: : :.:...