The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-12-23
A LAW POINT OF MUCH
INTEREST ARISES
CAN RESIDENTS OF PORTLAND
HOLD OFFICE IN TOWN OF
WEST SEASIDEe

The little town OF West Seaside,
many Of whose property owners are
wealthy residents Of Portland, bids
fair to attract considerable attention
as the result OF a peculiar litigation
that has just arisen,
One III the main questions at issue
may be briefly stated thus: Many Of
its property owners live in Portland,
claim residence in Portland and vote
there. II is alleged that these same
residents Of the metropolis also claim
the right Of suffrage in West Seaside
they vote thcreand the facts as stat
ed do not seem to be denied-hut they
also hold office. and in reality are said
TO absolutely control the city govern
ment, most of the West Seaside ofhc-
ials being gentlemen who reside and
also vote in Portland,
Thus the peculiar condition arises
OF a little city being governed by offic-
ials who are residents Of another city,
and who vote in this other city
1t appears that there are several
suits being brought, in one way Or
another, and it is probable that this
question will arise as the main issue
in at least one Of them. c. G, Fulton
is attorney for one client. and John
H. & A. NJ. Smith for another clieur,
their case being one arising out Of
assessments made in relation TO the
building OF sidewalk.
I II is said there are about 10 voters
in the town who also permanently re-
side there. There are perhaps three
times as many who reside in Portland,
but who vote in Seaside. and natural
ly this majority permits the "outland
ers' to elect their own candidates to
Office.
The question seems to strike at one
Of the very fundamentals Of the Amer
ican idea Of local government Prob
ably in the minds Of most American
citizens the idea that a stranger might
hold Office or even vote in city
where he did not live would seem
preposterous, and calculated to upset
all the traditions and laws Of Ameri-
can democracy OF which he has knowl
edge. Yet that seems to be the condi
tion under which the town Of West
Seaside now has its municipal being,
and evidently the lawyers for the
wealthy Portland men who own prop
erty in the little town seem to be pre-
pairing TO fight the issue. To lawyers,
especially, the question will be Of in
terest, and already those familiar with
the cases are talking of it with much
interest.
Another question is said to arise,
also Of much Importance. Apparent
ly the charter Of the little town also
requires a property qualification as
condition precedent to the right to
vote. The constitution OF the State
Of Oregon in plain words seems to
forbid any property qualification for
electors, and the supreme court Of
the state has passed upon the question
in a manner consonant with the plain
reading Of the state constitution.
Both questions are basic, and both
are interesting, though the one relat-
ing to the question of men having the
right to vote in more than one NIT
nicipality in state, and to claim resi-
dence in more than one place in that
state at the same time, is, Of course
so peculiar as to command striking
interest from both lawyers and citi-
zens. The usual rule seems to be that
courts are exceedingly reluctant to
permit any man being elected to Office
who is not a resident alone Of that
town and Of no other though excep
tions are sometimes made in the case
Of professional men like attorneys and
city surveyors, because oftentimes
they can alone be found in the larger
cities and towns. In England the rule
is different in some particulars, it is
said.
The charter of the town Of West
Seaside does not demand residence as
qualification, though it does demand
the property qualification. 1t was SCI
cured from the Legislature by Port
land men, it is said.
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