IT'S YOUR LAW
■RR* h L t" i f aha Dnaomcy Uv»
THE
“ P H ILA D ELP H IA
LAW YER"
Oernonia Cagle
THURSDAY, NOV. 17, 1966
Soldier Given
New Assignment
Now and then you may hire
someone to do some special work
Frequently, when a problem is for you. In case someone is hurt
particularly perplexing, someone are you legally responsible?
BIRKENFELD — Miss Shirley
will exclaim that “this would con­
It depends on how you “hire” Berg was at Fort Lewis last Fri­
fuse a Philadelphia Lawyer.” The
term has a close connection with him. Was he an “Independent con­ day to see her brother Nick on his
one of the most important cases tractor” ? An “employee” ? Or an graduation from basic training. He
“agent” ?
left that evening for Fort Polk in
in American legal history—the
As a rule an independent con­ Louisiana. He called Saturday and
trial of John Peter Zenger in
tractor has an independent calling stated that the plane had made an
1735.
like that of a plumber, electrician, emergency landing at Winslow,
Zenger was the printer and pub­
Arizona. There were 97 from Fort
house painter and the like.
lisher of a paper known as the
Lewis on the plane. Nick had a
Your
agreement
with
him
calls
New York Weekly Journal. He
great day while grounded, as that
for
certain
results.
You
do
not
tell
criticized the administration of
was the first time he had been free
Royal Governor Cosby of New him how to work. As a rule, you since being drafted. They do not
are
not
legally
to
blame
for
any
York in print. The tyrannical Cos­
let them come home any more af­
by had Zenger jailed on a charge harm he may do. He is an “inde­ ter basic training. He will
pendent”
contractor
and
not
an
of libel.
have eight weeks training at
employee or agent.
Zenger had editorialized that the
But what about an employee or Fort Polk and will be home
Governor had deeds to lands de­
agent? You, the employer or prin­ for Christmas. Nick is a 1964 grad­
stroyed, judges arbitrarily displac­
cipal, controls and directs how the uate of the Vernonia high school.
ed, new courts established without
worker does his job. You are there­ Mrs. Don Adams and daughter
the consent of the legislature and
fore responsible for it, and largely Pauline of Clatskanie accompanied
had denied the right to vote to cer­ for any harm that may grow out of Shirley to Fort Lewi* .
tain landowners. All of these ac­ his work.
Mr. and Mrs. Lloyd Beach were
cusations were true but truth was
But how can you tell the differ­ in Portland on business Saturday.
held to be no defense in a prosecu­
ence between an independent con­ They also visited with relatives.
tion for seditious libel, which was tractor and an agent or employee?
Mr. and Mrs. Clarence Vander-
defined as “a written censure upon
You look for facts that show or jack and grandson spent Saturday
public men for their conduct as do not show control, direction, or and Sunday at the Art Bellingham
such.”
independence. Suppose you “hired” and George Richardson homes.
Zenger was brought to trial and an independent contractor to paint The men folks hunted.
his New York counsel were dis­ your house white. Accidentally his
Mr. and Mrs. David Morgan and
barred because they came to his worker splatters some paint on
family of Gleneden are spending
defense. After disbarment they se­ your neighbor’s green shutter. He
several days with her folks, the
cured the services of Andrew Ham­ is to blame through lack of due
Vick Bergs, and also visiting other
ilton of the Philadelphia bar to con­ care, not you. But you would be
relatives. The men hunted and
tinue the defense. Hamilton was responsible if you employed and
Vick got a three-point. On Sunday
the foremost lawyer in the Amer­ directed these painters yourself.
they and the Ed Bergs were dinner
ican Colonies and the term “Phila­
Why this difference? You have guests of Mr. and Mrs. Phil Leh­
delphia lawyer” was long used as no control over the way the inde­ man at Vine Maple. Monday Mrs.
a special compliment in his indi­ pendent contractor does the work. Vick Berg and Mrs. Morgan went
vidual honor.
Since he owns and manages his to Astoria to make their acquain­
Hamilton offered his services to enterprise, he is legally responsible tance of the new baby.
Zenger without fee. Displaying for what he does.
great moral courage he defied the
But you still may have some le­
judges who were controlled by the gal responsibility for an independ­
Governor and told the jury that it ent contractor’s work as, for ex­
was not considering the cause of ample, if you hire someone whose
just a poor printer. Instead, it was work may cause injury. Thus in
considering the cause of “the liber- one such case the contractor dug
ty both of exposing and opposing in the street. A pedestrian fell into
MIST — The Mist-Birkenfeld Ex­
arbitrary power by speaking and the hole and was hurt! He could tension Unit met Friday at the
writing truth.” The Chief Justice sue both the owner and the con­ Birkenfeld Community Center with
instructed the jury that the printed tractor.
seven members present. The les­
words of Zenger were libelous and
One cannot always pass on all son on buffet meals was given by
that if the jury found he had pub­ the responsibility to the contractor Mrs. Wayne Kyser, with the mem­
lished them, (and he admitted he if in itself your project is danger­ bers assisting her. Mrs. Louis
had) then Zenger should be found ous—like blasting in a populous Jones won the hostess box. Mrs.
guilty. Under such circumstances place.
Art Bellingham and Mrs. Charles
it seemed obvious that Zenger
In such cases you have an extra Ramsey were hostesses. The De­
would be convicted. Fortunately, duty to make sure to get skillful cember 9 meeting will be at the
the jury, which was not controlled and responsible independent con­ Birkenfeld Community C e n t e r
by the Governor’ defiedthe court. tractors to do such work.
starting at 10 a.m. instead of the
Zenger was found not guilty, and
A man got an independent truck­ regular 10:30 hour. The making
by the Governor, defied the court, er to haul lumber. The trucker of ribbon mums will be shown in
of the members of the Constitution­ crashed into a car on the highway. the morning and the Christmas
al Convention, said years later, The injured party sued both him party will be held in the afternoon.
“The trial of Zenger in 1735 was and the lumber company and won. A box is being made up for the
the germ of American freedom, As a rule only the independent Fairview Home at Salem and
the morning star of that liberty trucking contractor would have members will exchange gifts. Pot­
which subsequently revolutionized had to pay, but here the lumber luck will be served at noon. Every­
America.”
company should have known that one is invited.
The trial of Zenger kindled the this trucker was reckless.
Roy Kyser was a Scappoose busi­
idea of a free press in America—
When you call in a plumber, re­ ness caller Monday.
an idea and an ideal that still sur­ pairman, or other independent con­
Mr. and Mrs. Ed Simmons of
vives with vigor after more than tractor you must make your place Clatskanie visited their daughter,
200 years.
safe for him to work in. You must Mrs. Larry Garlock and family
tell him of any traps and hidden Wednesday evening. Larry and
A DANGEROUS CONDITION
dangers (not obvious ones). Other­ Pam were in Longview to attend
Mr. X decided to have a home wise you may be liable to the con­ the roadster show Saturday eve­
built by a contractor. Some floor tractor for any injuries to him or ning.
plans and specifications
were his workers.
Mrs. John Crawford and Mrs.
drawn, but much of the details
Wayne Kyser were in Vancouver
were left up to the builder.
and Portland Tuesday on business.
A TA X P A Y E R 'S MISTAKE
The contract called for a pro­
John bought a house in 1950. He Saturday dinner guests at the
pane gas furnace.
recorded the deed to the property Crawfords were Mr. and Mrs.
About the time Mr. X was ready in the county recorder’s office im­ George Bump and Mr. and Mrs.
to move in, he was transferred to mediately.
Roy Lytel, all of Vancouver. Sun­
another area and sold the house
The next year the county sent day the Crawfords were dinner
to Mr. Buyer. Mr. Buyer moved the real estate tax statement to guests at the Francis Boulette
into the house and began to have the former owner of the land, who home in Portland.
trouble with the furnace.
The annual Mist-Birkenfeld Mis­
threw it away. John didn’t pay any
Mr. Buyer had some experts look taxes that year. The same thing sionary tea which was held at the
into the difficulty and the experts happened each year for the next Birkenfeld church last Wednesday
reported back that the furnace con­ five years. John got no tax state­ was well attended with guests from
struction seemed to be normal, ments and paid no taxes.
Clatskanie, Vernonia, Wauna, Can­
but that the chimney was lower
In 1956 the county sold John’s non Beach, Vine Maple. Special
than manufacturer’s recommenda­ property at a tax foreclosure sale. numbers were presented with Mrs.
tions and that as a result, the
One day a man came to the door, Terry of the Clatskanie Baptist
down-drafts caused improper vent­ introduced himself as Walter, and church singing a song and accom­
ing. The situation was dangerous told John he would have to move panying herself on an autoharp.
because it could result in the pro­ out of the house as Walter owned There was a duet by Mrs. Ambrose
duction of carbon monoxide gas it. John was furious. He insisted. and Mrs. Berndt of the Vernonia
Bible church. They were accompa­
Mr. Buyer sued the original “You can’t do this to me!”
builder. The original builder asked
Do you think John is right. Does nied by Mrs. Hager. Mrs. Bernice
the court to throw the case out on he own the house or does Walter? Garlock and Mrs. Jerry Hemeon
the grounds that he had no respon­
The answer is that John had sang a duet and were accompanied
sibilities to Mr. Buyer; that his better start looking for another by Miss Shirley Berg. The message
dealings had all been with Mr. X, place to live. A land owner is pre­ from Mrs. McNeil was very much
from whom Mr. Buyer had bought. sumed to know that if he does not enjoyed. Refreshments were serv­
Do you think Mr. Buyer can re­ pay taxes on his land, he will lose ed and the tables were nicely dec­
orated with artificial chrysanthe­
cover damages from the building the land for unpaid taxes.
contractor?
In this situation John knew he mums which were made by Mrs.
The court held that normally wasn't paying the taxes on the Flo Crawford.
the contractor would have had no land but he reasoned, incorrectly,
liability to subsequent buyers, but that it wasn't his fault that the son should apply or interpret any
that there is an exception in a case county didn’t bill him for the tax­ law without the aid of an attorney
when the work is inherently or im­ es, John had the duty of seeing to who is completely advised of the
minently dangerous. The court held it that the taxes were paid, and he facts involved. Even a slight vari­
that in this particular case, since cannot get his land back by blam­ ance in facts may change the ap­
plication of the law.)
propane gas is inherently danger­ ing the county.
ous because of its explosive char­
A person who knows he has not
acteristics and because it is dan­ received a tax statement for prop­
gerous from the standpoint of car­ erty he owns has a duty to investi­
bon monoxide poisoning, Mr. Buy­ gate and find out why he is not
er could recover from the original being billed for the taxes. Because
contractor for the faulty chimney, John failed to see to it that the
since it created an inherently dan­ taxes were paid on his land, he
gerous condition.
lost the land for unpaid taxes.
Unit Plans for
Holiday Party
IN D E P E N D E N T
CONTRACTORS
(Oregon lawyers offer this cel-
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SU PER
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79