FAtiE SIX
DAIXiT CAPITAL JOURNAL. SALEM. OREGOA, MOMMY, MAY 13, 1011.
GOV. WILSON AS
FOE OF BOSSISM
Utterly Routed Smith In Fight
Over U S. Senaiorship.
SMASHED ONE MAN POWER.
Niw Jaraey Exacutiva'a Datarmination
Yialdad Victory and Wat Conspicu
ous Evidanca of Hii Purpota to Show
No Quarter Whan Hia Conviction of
Right Mat Oppoaition.
Hon. Woodrow Wilson, governor of
New Jersey, baa come very sharply
Into the political limelight In the last
few months by reason of bis fearless
and effective advocacy of the rights
of the people to govern themselves
without interference from the greut
corporations and vested Interests.
Governor Wilson Is a native of Vir
ginia, having been born at Staunton
Dec. 23, 185(1. He Is the son of a
Presbyterian minister of Scotch Irish
descent As a boy he lived In the
south and nt the age of nineteen en
tered rrlueeton university, from which
he was graduated in 1879. He took a
course In law at the University of
Virginia and was admitted to the bar.
He practiced law In Atlanta for two
1
1
3 1911. by American Proas Association.
GOVEU.NOn WOODROW WILSON OK NEW
JKIIHEV.
years nnd then took a postgraduate
course in politlcul economy, history
and Jurisprudence at Julius Hopkins
jnlverslty, Baltimore. Ills writings
on political subjects while nt Johns
Hopkins attracted much attention,
and he was offered the professorial
chair at Bryn Mawr, Pennsylvania,
the famous college for women, where
he remained for three years. From
Bryn Mawr lie went to Wesleyan uni
versity, nt Middlerown, Conn., as pro
fessor of history and political econo
my, and in 18!M) he Joined the faculty
of Princeton university as professor
of political economy and Jurispru
dence. The title of this chair was
Inter changed to professor of Jurispru
dence and politics, in 1902 Professor
Wilson was chosen president of
Princeton university and occupied
that position for eight years. His in
cumbency of the otllce was -a contin
ual light against special privileges
and an effort to make the university
more democratic than It had been in
the past. In 11)10 President Wilson
was nominated as the candidate of
the Democrats of Now Jersey for gov
ernor and was elected by a plurality
of nearly CO.O0O after a speaking cam
paign that was remarkable In rousing
the people of the state from one end.
to the other nnd swinging to his sup
port thmiHnnrts of Republicans who
were dissatisfied with the present con
duct and management of the Repub
lican party.
Governor WIlRon has more thnn
fulfilled his pledges. Ho promised
the people of New Jersey that he
would be their representative at the
stato capitol and would guard the In
terests of the whole people to the best
of his ability. Among the specific
promises which he made were that he
would do all in his power to secure
the enactment of the public utilities
bill for the control of railroads and
other public service corporations; a re
vised primary law that would give the
people absolute control of the nomina
tions for all oftlcers, Including dele
gates to presidential conventions, and
take the selection of candidates out of
the hands of the bosses; a corrupt
practices law thot would moke bribery
and the use of money of corporations
In elections difficult, If not Impossible;
a law providing for the commission
government of cities by the votes of
the citizens nnd Including the features
of the Initiative and referendum and
l'ie recall; an employers' liability law
vhlch would protect the Interests of
the workers automatically without
making It necessary for them to go to
court to obtain their rights In case of
Injury while at work and several re
form laws of great local Importance in
bis own state.
lAlthough the legislature of New Jer
sey was IVniocrntle on Joint ballot,
the senate was Republican, and at
first it seemed to every ono that Gov
ernor Wilson had undertaken a hope
less task of endeavoring to force these
reforms through an unwilling legisla
ture. People declared that he would
find practical politics something eu
tlrelr rltfiM-nnt from the ncadenile thv
1 ft
n
V'r.
OF) One pill at bedtime. Brings morn
flg JrUl inS relief from the headache, indiges
tion, nervousness, biliousness, due to
constipation. If your doctor approves, why not use Ayer's
PUs? Then seek this approval without delay. fft"'
orles which were supposed to be bis
political stock In trade, but they reck
oned without their man. They did not
realize that all of Governor Wilson's
life bad been a training fur active
participation in politics and that bis
studies and research Into political his
tory and political methods had given
him a wider knowledge of the power
of the people Under agresslve leader
ship than any of the bosses of eltbe:
party possessed. His whole political
theory Is based upou the right of tbe
people to rule and their power to rule
when their efforts are properly concen
trated, and be demonstrated that bis
theory was correct when one after an
other his proposed reforms were
forced through the legislature by the
power of public opinion.
Even before Governor Wilson took
bis scat In tbe executive chamber be
bud won a victory over the bosses in
bis own party, which bad Inspired the
people with renewed confidence and
terrorized the professional politicians
who were Inclined to oppose his re
forms. The election of a United States
senator from New Jersey was the first
important work for the new legislature
to undertake. James Smith, Jr., long
known as the big boss of tbe Demo
cratic party in the state, had decided
that be wanted this particular plum
for himself, and he announced him
self as a candidate, but at the pri
maries held early in 1910 James A.
Martlne, a clean and popular citizen,
bad been a candidate for the senatorial
nomination and had received the In
dorsement of the people at the polls.
Smith's name had not been presented
at the primaries. This did not make
any difference to Smith, who thought
that his power as boss was sufficient to
override the will of the people. Governor-Elect
Wilson declared that Smith
should not be senator, that be had no
claim upon the olllce and that Martlne
had the strongest claim of all, that of
popular Indorsement. The fight be
tween the old boss nnd the new lender
was short, sharp and decisive. Back
ed by public opinion, the new governor
won, and Martlne was elected senator
on the first ballot.
With these triumphs to his credit It
is small wonder that the people of the
United States are coming to look upon
Woodrow Wilson ns one of the great
est polltlcnl leaders who have been de
veloped In recent years. A progressive
of the progressives, It does not worry
Governor Wilson any to be called a
radical. In fact, he culls himself a
radical. "I am radical," said Governor
Wilson recently, "and the first ele
ment of my radicalism la: Let's get
at the root of the whole thing and
resume popular government. We
mean to have the kind of government
we thought we bad. I nni ready to
draw the initiative and referendum at
any time. I believe in It. I have not
the slightest fear of its disturbing our
theory of representative government.
I don't worry about theories anyhow;
it's facts that worry me. The fact la
we in New Jersey have not got any
thing but the theory, while in states
where they have tried it the initiative
and referendum has given them back
representative government. It worka,
you know, without being called on to
work at all. Where legislative repre
sentatives know that if they fail real
ly to represent, the people huve the
power to take the legislation back into
their own hands, those representatives
have an effective motive to represent.
The initiative and referendum is like
a gun behind the door for use in case
of emergency, but a mighty good per
! sunder nevertheless'."
It Is perhaps unnecessary to add to
this explanation of Governor Wilson's
attitude toward public affairs that
1911, by American Press Association.
MHS. WOODROW WILSON.
be Is against special privilege of ev
ery kind and that he is particularly
against tho high protective tariff sys
tem and what he terms the outrageous
Palne-Aldrlch tariff law, and perhaps
it is unnecessary to add that these
are no new convictions on Governor
Wilson's part, but are the fruit of a
lifetime of study and observation of
political affairs, of a life spout tu train
ing for active public service for which
the opportunity has Just come to him.
In his home life the governor is su
premely happy. His tastes are quiet,
and his charming, wife and three
bright and attractive daughters are
tho center of all of his recreations and
amusements. Rather fond of the open
air, he la not a sportsmun in any seuse
of tho term, although he occasionally
finds opportunity to play golf, which
he does Very badly, with some of his
most intimate friends. When It was
announced In April thnt Governor Wil
son was to visit the raellle const dur
ing May he was fulrly deluged with
telegrams from every part of the west.
Inviting him to spenk on enough occa
sions to hnre kept him busy for three
month (1r nnfMn plqe.
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I i
OREGON SUPREME
Full Text Published bj Courtesy of
Supreme
Klrkpatrick v. The City of Dallas,
et nl, Polk County.
E. C. Klrkpatrlck, respondent, v.
The City of Dallas, Polk County, Or
egon, and T. A. Odom as Marshal of
said City of Dallas, Oregon, appel
lants. Appeal from the circuit court
for Polk county. The Hon. William
Galloway, Judge. Argued and sub
mitted April 20, 1911. John H. Mc
Nary and (C. L. McNary on brief) for
respondent. Walter L. Tooze, Jr.
and Oscar Hayter. for aDellants.
McBrlde, J. Affirmed.
This is a suit to restrain the City
of Dallas and T. A. Odom, city mar
shal, from levying upon and selling
plaintiff's real property for the col
lection of an alleged delinquent as
sessment. .
Plaintiff alleges that he is the own
er and in possession of certain real
property In the City of Dallas; that
the city claims a lien thereon by rea
son of the construction of sewers
along and across the streets, with
branches and laterals extending
therefrom; that the city has no
claims against the premises by vir
tue of the construction of the sewers
for the reason (1) that the property
does not abut upon the streets or
parts of streets where any of such
sewers, branches or laterals are laid
as provided by ordinance No. 112.
passed by the common council of the
City of Dallas, July 27 1908, and ap
proved by the mayor on. the same
date; (2) that such property has not
been directly or indirectly benefited
by or through the construction of the
sewers, branches or laterals, as pro
vided by Sec. 84 of the city charter;
(3) that the city did not give a no
tice of Its intention to construct the
sewer and assess the cost thereof
upon the property directly or indi
rectly benefited thereby, as required
by Sec. 63 of the city charter; that
the city has Issued a warrant and
placed It in the hands of the defend
ant Odom, the city marshal, direct
ing him to levy upon such property
and sell the same on June 19, 1909,
in order to satisfy the amount of
money which the city has attempted
to assess against the property for the
construction of the sewer; that, un
less restrained the marshal will sell
such property under the warrant, to
the great and Irreparable injury to
plaintiff's title.
To this complaint there was a de
murrer upon the following grounds:
(1) that the court has no Jurisdiction
of the subject of the suit; (2) that
there is a defect of parties defen
dant; (3) that the complaint does
not state facts sufficient to consti
tute a cause of suit; (4) that plain
tiff has a plain, speedy and adequate
Teniedy at law. The demurrer was
overruled and defendants, choosing
to rely thereon, declined to answer,
whereupon the court rendered a de
cree In favor of plaintiff from which
defendants appeal.
McBrlde J.; We are or the opin
ion that the complaint stated a
cause of suit and that the interposi
tion of a cburt of equity was proper
ly invoked.
Section 63 of the charter of the
City of Dallas (Spec. Laws 1901, 84)
provides that no street Improvement
shall be undertaken or made without
first giving notice thereof by publica
tion for two weeks or by personal
notice upon the owners of all prop
erty within the limits of the pro
posed Improvement; and Sec. 84
makes the above mentioned provision
applicable to sewer improvements.
The complaint alleges that no notice
COURT DECISIONS
F. A. Turner, Reporter of the
Court
was given as required by Sec. 63 of
the charter, but this we take to be a
statement of a conclusion of law npt
presenting any issuable fact. It Is
merely a statement of the pleader's
opinion that the section in qustion
had not been complied with. Had the
allegation stated positively that no
notice whatever had been given, It
would have been sufficient; but this
It does not do and in Its present
condition is entirely consistent with
the supposition that some sort of no
tice was given which in the pleader's
Judgment failed to comply with the
requirement of the law: State ex
rel v. County Court of Malheur Coun
ty, 54 Or. 255; 107 Pac. 997.
We will now consider the right of
the city under Its charter and ordi
nances to levy an assessment against
plaintiff's property. Sec. 84 of the
charter of Dallas reads as follows:
"The council shall have the power
and is authorized to lay down all
necessary sewers and drains "and
ditches, and cause the cost of the
same to be paid out of the general
fund of the city, or to be apportioned
and assessed on all the property di
rectly or Indirectly benefited by such
sewer, drain or ditch. When the
council shall direct the same to be
assessed upon property directly or
indirectly benefited such expense and
cost shall be apportioned, assessed,
and collected as In section 63 and 81
Inclusive, of this act, provided In tha
case of street Improvement. Provid
ed, the council shall not necessarily
be limited to the property immediate
ly adjacent thereto or abutting there
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on In such apportionment and as
sessment" Sections 1 and 4 of ordinance No.
112, which is the ordinance authoriz
ing the Improvement In question, ad
as follows: "Sewers, with branches
or laterals extending from such sew
ers to the property line of each lot,
tract or parcel of ground adjacent to
and abutting upon the streets or
parts of Btreets where such sewers
are to be laid, as hereinafter speci
fied, shall be constructed and laid on
each of the following described
streets and parts of streets In the
city of Dallas Oregon, to-wlt:" (De
scription of streets follows). Sec. 4.
"The sewer Improvement provided
for In this ordinance shall be com
pleted within" 15 days from the date
of the aproval of this ordinance and
the cost of such sewers shall be as
sessed to the property abutting upon
the streets or parts of streets where
the same are laid and benefited
thereby."
The power of the city to assess
property adjacent to the proposed but
benefited thereby is ample under Sec,
84 of Its charter, but the exercise of
that power is optional with the coun- j
ell, and we do not think the language
employed In Sec. 4 of the ordinance
above mentioned Indicates clearly an
Intention to exercise It In this in
stance. The language used, "the cost
of such sewer shall be assessed to the
property abutting upon the streets or
parts of streets where the same are
laid and benefited thereby," If given
its usual avid ordinary meaning, indi
cates an Intention that only abutting
property shall be assessed, and that
only when it is benefited by the Im
provement. Statutes Imposing bur
dens upon the property by way of
Hen or assessment should not be en
larged by construction.
It Is contended that the remedy In
this case should be by review and not
by resort to equity. Both remedies
have been employed In this state but
the complaint here presents several
issuable facts. For Instance, the lo
cation of the property would not
necessarily appear upon the record
of the proceedings of the council, be
sides we think the general trend of
authority In this state is that equity
will Interfere to prevent the sale of
property upon a void assessment or
for an illegal tax although the right
to do thla seems to be doubted by
Thayer, C. J., in Sperry v. Albina, 17
Or. 481. This court has so frequently
exercised the jurisdiction to enjoin
such sales that It may be said to be
the settled practice In this Jurisdic
tion so to do. Such a sale must
necessarily cloud the title of the own
er even if the proceedings antecedent
to it are entirely void. In the case
at bar, for instance, suppose that the
city marshal should be permitted to
sell the plaintiff's property on this
void assessment. The nevt step nat
urally would be the Issuance to the
purchaser of a deed regular upon Its
face and apparently conveying title;
the next step would be the recording
of this deed. A person seeking to
purchase the property from plaintiff
would naturally search the records
and find this deed, making an appar
ent breach in plaintiff's title. Should
he seek advice of plaintiff's attorneys
he would be told that It was valid and
that plaintiff had nothing to convey.
If able counsel differ in court upon
the question of the validity of these
proceedings, it is fair to presume
that they would differ to a like de
gree outside of court and the intend
ing purchaser would avoid the
chance of buying a lawsuit by refus-
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ing to purchase. It Is Idle to say that
such an instrument would not be a
cloud upon the title as a matter of
law, when every attorney knows that
It would be a cloud as a matter of
fact.
Commenting upon decisions which
hold that instruments of this charac
ter do not constitute a cloud upon the
title, Mr. Pomeroy says: "While this
doctrine may be settled by the weight
of authority I must express the opin
ion that it often operates to produce
a denial of justice. It leads to the
strange scene, almost daily in the
courts, of defendants urging, that the
instruments under which they claim
are void, and therefore that they
ought to be permitted to stand un
molested and of judges deciding that
the court cannot Interfere because
the deed or other instrument is void:
while from a business point of view,
every intelligent person knows that
the instrument is a t rlous Injury to
the plaintiff's title, greatly depreciat
ing its market value; and the judge
himself, who repeats the rule, would
neither buy the property while thus
affected, nor loan a dollar upon its
security. This doctrine is, in truth,
based upon mere verbal logic, rather
than upon considerations of justice
and expediency." III. Fomeroy's Eq.
Jr. 437. '
It Is suggested that the complaint
in this case does not allege that the
sale would constitute a cloud upon
plaintiff's title, and while this Is true
to the extent that the exat words
"cloud upon title" are not employed,
yet the facts that must necessarily
result in a cloud are stated, followed
by the allegation that such sale
would be "to the great and irrepara
ble Injury to plaintiff's title." Upon
general demurer we think this alleg
ation is sufficient.
The decree of the circuit court 'is
affirmed.
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