The Washington times., 1913-09-18
AGAIN, THE DE FAcTo OFFICIAL.

AGAIN, THE DE FACTO OFFICIAL.
The Washington Star, in its eagerness to frighten
the town into the belief that we are liable to have
an invalid assessment and no revenues, has assumed
good deal of legal information, and announced its
conclusions with some confidence and profundity.
Far be it from to question that the Star is as good
lawyer as it is fighter; and it assures wondering
community that it has won many stout fight" :"
Perhaps so; the fact that nobody ever discovered
the Star doing anything very strenuous may have no
significance at ALL When the Star with accustomed
modesy comes forward to show its muscles and
announce itself as a white hope who should pretend
to know about its fighting record than it knows?
But if the Star isn't better fighter than it is
lawyer, it would be pretty poor reliance for the
hopes of the white race" 1t set the lawyers a-won-
dering when it announced that the Supreme Court
had held against the binding character of de facto
officers acts; they have been hunting for the de-
cision and, unable to find it. the corporation counsers
Office appeal to the STAR with equally unsatisfactory
results. The Star didn't want to tell what it knew.
But leaving the Star to plume itself on the fights
it has made and without anybody suspecting
it of disorder letting it alone to enjoy itself in the
exclusive possession of lot of valuable legal infor
nation that the lawyers and courts don't know any
thing about-t is worth while to assure the people
of Washington that the municipal government is not
going be starved out of existence by of any
possible rregularity in making the assessment this
year. Whether Assessor Oyster is eligible not he
is de facto member of the assessing board. He is
performing the duties of the place. Now read the
United States Supreme Courts views as to the acts
of de facto officer:
Whether the acts of de facto officer are valid
was subject of discussion in the case of Phillips vs.
Payne, 90 U. S. l3O, in which the Act of Congress of
1916 reannexng the county of Alexandra to the
State of Virginia and extending her jurisdiction over
it sought to be declared illegal void and con-
rary to the Constitution of the United States. 1t
was held in that case that since ls47 the State of
Virginia has been in de facto possession of the county
Of Alexandria. The court said:
She has been in possession and her title and pos
session have been undsputed since she assumed pos
session in 1S47 pursuant the Act Of Congress Of
preceding year. More than a quarter of a century has
since elapsed The political departments Of her govern
ment by their conduct have uniformly asserted her
te and the head of her judicial department has ex-
pressly confirmed it. I" .
"The acts of an officer facto within the sphere of
the and duties of the Office he to hold
are valid and binding with respect the public and
third persons as if they had been by an officer de
jure
"A government de facto in firm possession of any
country is clothed while exists with the rights
powers and duties both at home and abroad gov
ernment de jure"
In the case of Mcdowell VS.. United States, l59l
u. S., 500, in which the question was raised as to
whether the acts of de facto judge were valid the
court said:
But whatever doubts may exist whether the order
of designation by the circuit court Judge within his
there is another consideration which is decisive
of the Judge Seymour be held to a Judge
de faco and his actions such, far as they affect
third persons, are not open to question"
In the case of Waite VS.. Santa Cruz, l34 u. S.,
302, it held that when person is found openly
in the occupation Of public Office and discharging
its dues third persons having occasion to deal with
him not required to investigate his title but may
safely act upon the assumption that he is rightfu
officer.
These let it be kept in mind, are decisions from
the Supreme Court of the United States, to which
case involving an assessment in the District oil
Columbia would 60. 1t is as plain as anything in
the realm of law be, that the current assessment
of property will be sustained whether Edward w.
Oyster is or is not held to be eligible as an assessor
On the whole, after looking into the Stars law,
incline to advise it to drop that aspect of the
case and return to its original contention, namely
that the forty thousand so of civil service en-
ployes living in Washington are not eligible to be
and should not be treated as citizens here. The Star
never appears to better advantage than when argu-
ing that man who votes is undesirable iu this town.