Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1913-03-14
JUDGE HOLDS ORDINANCE TO
BE OPPRESSIVE, ExoRBITANT
AND IN RESTRAINT OF
TRADE.
DISCRIMINATION, SAYS JUDGE
Test Case Opens Market to Peddlers;
Calling Man Peddler Does Not
Make Him One, 2 Says Judge;
Substantial Rights at Issue; NO
Costs Are Taxed.

In test case which was appealed
from Police Judge Gregory's court
recently to the circuit court, Depart
ment No. 2, to determine the validity
Of an ordinance licensing peddis:s
and vendors Of goods and wares in
Dallas, Judge Galloway on Wednes-
day handed down a decision reversing
the decision of the lower court, basing
his decision upon the fact that the
ordinance was discriminating and ex-
cessive, exorbitant, oppressive, and is
tax in restraint Of trade. The de-
cision is of statewide interest, many
other cities having similar ordinances.
The case was entitled T. G. Sefton
VS.. City of Dallas, a municipal corpo-
ration, and Charles Gregory as Aud
itor and Police Judge Of the City of
Dallas, Oregon. The ruling recites
the following:
Judgment.
The above cause having come on for
hearing on the 10th day Of March,
1913, the plaintiff appearing by L. E.
Crouch and L. d. Brown, his attor-
neys, and the defendants appearing
by Walter L. Tooze, Jr., and Ed F.
Coad, their attorneys, and after hear
ing the argument of counsel, the
Court took said cause under advise
ment; and now on this l2th day of
March, 1913, the Court being fully |
advised in the premises, finds
That there was error in the decis-
ions, orders and determinations of the
Police Court Of the City of Dallas,
Oregon, made and entered of record
therein on the Goth day Of November,
1912, in the criminal action therein
wherein the City of Dallas
was plaintiff, and T. G.. Sefton was
defendant, and in the decisions and
Judgment of said Police Court in said
action made and entered Of record on
The said 29th day of November, 1912,
and in each of said decisions, orders,
and judgments, and
hat said Police Court and said Aud
tor and Police Judge exercised its
and his jurisdiction and his Judicial
functions enormously and exceeded its
md his jurisdiction to the injury Of
he substantial rights of the plaintiff
herein, for the following reasons, and
n the following particulars, to-wit:
Court Finds Error.
/. That said Police Court and the
aid Auditor and Police Judge erred
n disaIlowing and overruling the
Plaintiffs demurrer to said COM
,laint, for the defendant in said crim-
nal action was and is not a peddler
within the meaning of Ordinance No.
78 is void, because of its discrim-
he mere calling him peddler does {
Iot make him one.
2. That the said Ordinance No. !
rs is void because of its discrim-
nation.
3. That said Ordinance No. 176 is 3
old, because and for the reason that ]
he license fee is excessive, exorbitaGt,
oppressive, and amounts to a tax in I
estraint Of trade.
That the said Police Court and the
aid Auditor and Police Judge erred
I entering a Judgment Of conviction
! said criminal action, and adjudging
hat the plaintiff herein pay fine Of
5000.
That said writ Of review should be
] all things sustained
No Costs Taxed.
It is therefore ordered, considered
nd adiudged, that the judgment of
,nvietion made and entered in ssid
olice Court on the Doth day Of No
smber, 1912, and all other judgments
nd determinations Of said Court in
nd action be and the same hereby
ne annulled. set aside. and held for {
aught, and the plaintiff be and he 8
sreby is discharged, acquitted and a
lleased therefrom. y
II is further ordered and adiudged n
Iat neither party recover costs one e
ON the other. n
Little Rahv Ia Dead r