IHE UOKVALLiS GAZETTE, FK1DA1 JUNE 8, 1894.
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AREPUBLICA N VICTORY.
The result of Monday's election
speaks in no uncertain sound
againsl democratic supremacy
and the passage of the Wilson
bill. For the first time
in years the delegation from Ben
ton county to the legislature will
be; entirely republican. This re
sult is all the more surprising be
cause, when the campaign was
first opened the county was con
ceded to be democratic by about
fifty. Yet, our Representative
ticket was elected by aood majori
ties. This republican victory
means much to Oregon. It will
silence populism for the present,
and perhaps forever. It is a re
pudiation of Pennoyer and Pen
noyerism. It will show to the
world that this is not a state to be
compared alongside of Kansas;
that our people denounce t he pre
sent democratic congress in most
vigorous terms and declare in
favor of an honest dollar, a govern
ment economically administered
and protection for American in
d us tries.
The votes 6how that the county
is republican, and that we might
have elected every man on the
ticket, it republicans had voted
straight. The whole fight seemed
to have centered on sheriff, school
superintendent, and county judge.
The two latter, the repulicans
secured by small majorities, white
Osburn was elected by a large
plurality. The election of Mi.
Walters was no surprise to the
public generally, and was due to
Lis wide acquaintance and indi
vidual popularity. The election
of Mr. Hunter over Henry Kort
hauer was due, perhaps, more than
anything to the former's popularity
in the outside precincts. There
canvass, however, was a very clean
one and reflects credit on both as
pirants, for their attitude toward
each other. The choice of Mr.
Alexander for assessor over Mr.
Hayden was undoubtedly due to
the fact that Mr. Alexander was es
pecially well and favorably known
throughout the county, while Mr.
Hayden's acquaintance was lim
ited in Corvallis and the northern
pa t ot the county. The majority
Mr. Hayden received in his own
precinct, however, is an evidence
that he is extremely popular there
and had he been better known
he would have been elected by a
good majority. As a whole it was
a republican victory, as we elected
9 officers out of 13 in the county,
including the legislative ticket,
which, from a political standpoint,
would be considered a victory,
even though the entire county
ticket had been lost. If, however,
the republicans had voted their
ticket as they should have done,
we would have elected every man
on the ticket, from joint senator
' down to coroner.
JUDGE BELLINGER'S DECISION.
Last Friday Judge Bellinger
rendered a decision in the case
of the county of Multnomah and
the city of Portland against the
Oregon National bank. The suit
was brought to secure a decree
declaring certain deposits . made
by the sheriff, to be the property
of the county; that the receiver
of the bank was holding the lunds
as a trustee for the benefit of the
county, and that the county had a
lien upon all the money, choses in
action and other property in said
bank to the amount of its claim.
The vital question presented was:
can the county, whose funds have
been wrongfully commingled with
the funds of the bank, and paid
out, secure a preference over other
creditors on a lien on the property
of the bank in the hands of an
assignee? A similar case to this
was the one brought by the county
of Benton against assignee Bryson
of Hamilton, Job & Co., in which
Judge Fullerton decided that the
county was entitled to priority of
payment over the general credit
ors and on which point the case is
now pending in the supreme court.
In this case the plaintiff claimed
that the treasurer deposited the
money of the county as treasurer;
that it was accepted as a trust fund
because the treasurer had acquired
no title except as trustee, and there
fore, could convey no title to the
money when he deposited the
same. The fact that it was com
mingled with the other funds of
the bank and used in the general
course of the business did not
change the main issue, that a per
son can not convey title to funds
held by him in trust.
In the Multnomah case, which is
almost identical with the one tried
here in this county, Judge Bellin- j
ger holds that the county was not
entitled to the preference claimed
because the funds so deposited
could not be traced into the secur
ities of the bank and now held by
sundry persons. He concludes the
decision in the following language
that places a somewhat different
construction on the law than our
circuit court does: "The corr ct
ness of his conclusion as to the in
justice of giving the general credit- j
ors of the bank a share in the
money which never in equity be
came the property of the bank,
cannot be questioned. But this is
not what happens in the cases un
der consideration. It does not ap
pear that the money for distribu
tion includes any part ot that be
longing to the involuntary cred
itor. If this did appear, the lieu
of such creditor would attach, and
he would have his preference. It
is ' for the reason that the money
of such creditor or cestui que trust
cannot be traced to the fund sought
to be charged that the preference
is refused. If his money has been
paid out or has otherwise disap
peared, it would not be just that
he should take, to the exclusion of
the general cruditors ot the bank,
who are in no way responsible for
the bank's delinquency, and whose
deposits may comprise the entire
fund which such creditor peeks to
appropriate to his exclusive use.
His right of preference, in other
words, cannot in justice extend to
the property of others. The theory
of preference f'oes not apply in
these cases. There is no prefer
ence by reason of an unlawlul con
version. The so called right to be
preferred in the case of a wrong
ful conversion is a right of owner
ship a right of property a right
which lays hold of the propeity
whether in its original or in a sub
stituted form; a right which fol
lows the property so long as it can
be ascertained to be the same
propei ty or its product, and only
does so because the property to be
reached can be ascertained to be
the same properly or its product.
When the means of ascertainment
of t lie identity of property or pro
ceeds fails the right fails."
. THE BATTLE OVER.
What has proven the most hotly-contested
election in the his
tory of Bentor. county politics, is
now at a close. During the past
few weeks many unkind things
have been said. The fearless at
titude of the Gazette has, in de
tense of the republican candi
dates, necessitated the publication
in its columns ot articles which
alluded to some of our citizens in
an uncomplimentary way. It is
to be regretted that the present
system oft politics necessitates the
indulgence in personalities, but
since it does, a party paper is
compelled to resort to such meas
ures in order to forward the inter
ests of candidates nominated by
the party whose principles the
journal is pledged to espouse. In
the sheriff contest our candidate
was grossly abused by the most
scurrilous attacks and it was only
in refutation of these charges that
the Gazette was compelled to re
sort to personalities. If in so do
ing we have wounded the feelings
of any one, the Gazette apolo
gizes. Although furnished with
data reflecting seriously upon the
character of Mr. Osburn and urged
to publish it, the Gazette refrain
ed from 60 doing because the pub
lication of such matter is without
the pale of reputable journalism.
Mr. Osburn, the sheriff elect, made
a gooa iigni ana was elected oy a
good majority. He has proved an
accommodating official and person
ally the Gazette has no fault to
find with his selection, but this
paper does most emphatically de
no ;nce the underhanded and slan
derous abuse heaped upon Mr.
Smith in order to impair his
chances for election. Had Mr.
Smith been successful, as he should
have been, the result would have
been a just rebuke to the plan of
campaigning
resorted t by
friends and managers of his op
ponent. There is now no use to
cry over spilled milk; Mr. Osburn
is elected and we must abide by
the result. The ublic should re
member, however, that personali
ties are indulged in by the paper
and not the editor, and persons
whose feelings have been hurt
should bear no malice toward the
editor, although they may e ever
so mad at the paper. This rule
perhaps should not apply in every
instance, but a? a general thing
such a construction is the proper
f one to place on the question. To
those whose feelings have been in
jured personally by the attitude of
this paper the Gazette apologizes,
not because the paper has said
anything untrue, but because it
became necessary to tell the truth
in self defense.
If there were no such things as
treaty obligations the bill fathered
by Representative Bryan, of Neb.,
providing for the issuing of $70,
000,000 of greenbacks, to be used
by the government in purchasing
a controlling interest in the Nicar
agua canal and in building the
same, might be more seriously
considered than it is.
WASHINGTON LETTER.
Washington, June 1, 1894.
Does the sticky trail of the su
gar scandal lead to the white
house? Statements' made by dem
ocrats, mind you, not republicans,
first indicated that it did, and the
action of the investigating com
mittee, in pretending to be greatly
exercised because three newspaper
correspondent!! one of them a
democrat, and fc-enator Murphy's
private secretary have declined
to give the names of those yvho
gave them information, has not
weakened the indications. The
committee may be perfectly hones-t
in its attempt to make the cor
respondents tell the names of
their informants, but experience
should warn them of the time they
are wasting. There is probably
not a newspaper correspondent in
Washington who would not go to
jail and stay there rather than to
tell the name of any man who
had given him information in con
fidence, and nobody knows this
any better than the senators on
this committee; hence, the btlief
that they are merely using the
correspondents in making a play
for time, instead of asking the
men whose names have been di
rectly connected with the scandal
for the information that will es
tablish the truth or falsity ot the
charge that the 6ugar trust dic
tated the sugar schedule of the
tariff bill. The present actions
of the committee confirm the im
pression of those who predicted
from the first that the whole in
vestigation would be as great a
fizzle as that part of it which
dealt with the alleged attempt to
bribe senators.
Several votes in the senate
having demonstrated that the last
bargain look in all of the demo
crats, except Hill, as well as the
populists, and that the tariff bill
as bargained for is going to get
their votes, it is probable, although
not yet certain, that the republi
cans will in a lew days agree to
the setting of a day for the final
vote on the bill. The sugar
schedule will be reached this
week and an effort will be made
to upset it, but for the reasons set
forth above it will Hardly succeed.
Civil Service Commissioner
Roosevelt has got his fighting
blood up. During the debate
which preceeded the democratic
attempt to drop the appropriation
for the civil service commission,
representatives Pendleton, of W.
Va.; Enloe, of Tenn., and Stocks
dale and Williams, of Miss., made
statements reflecting upon the in
tegrity ot the commission, and ac
cusing it of always favoring re
publicans. Mr. Roosevelt sent a
communication to Representative
DeForest, chairman of the house
committee on reform in- the civil
service, branding each and every
statement made by the four repre
sentatives as unqualifiedly false,
and daring them to attempt to
prove them in an investigation,
which he suggests be made.
There is no likelihood of an in
vestigation, as it is well understood
that the statements were made
largely to placate disappointed
constituents who had not been
provided for and who might be
disposed to make trouble in nom
mating conventions.
Gold, like everything else, is
afraid ot this administration. At
least, it gets away from it quite
fast. Notwithstanding the $50,
000,000 in gold received from the
late bond issue, the gold in the
treasury is today below $80,000,
000, and, according to the opinion
of many of the shrewdest ob
servers in congress, including
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if there is not a decided .''let up"
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prophecies of Mr. Cleveland and
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return of gold from Europe have I
proven false. Should the tariff
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but the republicans do not con
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fect. Secretary Carlisle is doing
absolutely nothing to protect the
gold in the treasury, although his
experience in placing the last
bonds oujiht to have warned him
of the difficulty he may have in
floating another issue of bonds at
the same rate. A democratic sen
ator was heard to express the
opinion that the administration
could not place another issue of
bonds for le-s thffn four per cent.,
and that he would not besurpiis d
if they had to make it five per
cent. It was never more apparent
than now that Secretary Carlisle
is not a financier.
The long deferred fight over the
repeal of thebtirre bank currency
tax has begun in the house.
DEMANDS OF' JUSTICE.
Ed. Scott is again in limbo.
During the past few years he has
demonstrated that he is a person
without regard for law and order.
His cowardly atack on officer
McLagan the other night only
gives emphasis to the prevalent
opinion that he is a desperado of
the worst ype. The safely of the
community demands that he be
kept closely conlined. For an at
tack made on an officer in Phil
omath a few years ago he was
tried twice and alter a great deal
of expense to the county was ac
quitted. He is now under bonds
and will be tried at the next term
ot court in November. At that
t me no doubt his friends will use
every possible effort to secure his
acquittal, but the peace and safety
of our community demand his
conviction. When that has been
accomplished the court should
give him the, full penalty of the
law which is ten years in the pen
itentiary. There are no extenu
ating circumstances in this in
stance anc justice and the safety
of our citizens aUiiiaud that his
trial be free from the usual dis
play of jugglery with the law and
when convicted that his sentence
be the limit as prescribed by the
statute.
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