Daily capital journal. (Salem, Oregon) 1903-1919, 1913-01-24
Discusses Councils Methods.
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Discusses Councils Methods.
To the Editor of the Capital Journal:
In your issue of the 22nd inst,
notice an article commenting on the
methods of the city council in the
disbursement of the city funds, in
which article you tender to your read
ers the use of the columns Of your
paper for a general discussion Of the
matter. / am pleased to note this
tender, for the reason that there is
one matter [ wish to call to the at
tention Of the public, and am glad
to have this opportunity Of doing so.
In the present term Of the circuit
court, there was tried an action for
false Imprisonment entitled Ralph
Derrick VS.. ]. E. Whitlatch. This ac-
ton was brought as personal action
against Mr.. Whitlatch upon an al
legged violation of the plaintiffs
rights; in that the plaintiff claimed
that he had been wrongfully arrested
by the defendant without just cause
or reasonable excuse, The facts as
shown by the evidence appeared to
be that on the last night of the Cher
ry Fair, the plaintiff, a boy Of about
twenty-one years of age, was, in COM
mon with other persons upon the
streets of the city of Salem, engaged
in certain acts intended as fun and
amusement, which acts were general
ly engaged in by the public on the
closing evening of the Cherry Fair.
During the evening the throwing Of
talcum powder, as matter of sport,
became a somewhat general affair,
and the plaintiff Derrick, together
with some of his associates, was en-
gagged in such sport. Whitlatch, who,
at the time, was a member Of the
police force, seeing the plaintiff throw
some talcum powder upon some girls
who were passing, two Of whom had
just previous thereto thrown the same
substance upon the plaintiff arrested
the plaintiff and took him to the city
Jail at the city hall, He was there
confined from about 1890 o'clock in
the evening until about HOO o'clock
on the following day. During his con-
finement in the city jail he repeatedly
asked that he be allowed to send word
to his parents, and that he be allowed
to give bail, all Of which requests
were refused, and defendant was de-
MED his release during the period Of
confinement before mentioned, when,
without any complaint being filed
against him, or any charge made, or
warrant issued, he was released from
the custody Of the officer, So far as
the action Of the arresting officer is
concerned, it appears that after plac-
ing Derrick in Jail, he absolutely
abandoned him, and made no effort
to see that he was given a trial or
hearing as provided by law.
On the following day, another mem-
ber of the Salem police force did filo
a complaint against Mr.. Derrick,
charging him with drunkenness, riot
Gus and disorderly conduct. At this
hearing, the City Recorder, Charles
r, Elgin, without reading the COM
plant to Mr. Derrick without asking
him whether he We're guilty or not,
or without giving him an opportunity
to be heard in the matter, and upon
the statement Of the police officer
filing the complaint, unsupported by
an affidavit summarlly entered in his
records a plea Of guilty, and fined de-
fcndant S.. All OF this was admitted
by the City Recorder in crogs-exam-
inaiion when he was placed upon the
stand, in the false Imprisonment case.
The false Imprisonment action was
brought against Whiuatch, not for the
purpose Of recovering substantial
damages, but for the purpose Of
vindlcating Mr., Derrick upon the
charge filed against him in the
Recorders court, upon which charge
the City Clerk had entered
without defendants consent, the plea
Of guilty. The cause was tried by
a jury which determined that the
arrest Of Derrick by Whitlatch was