Daily capital journal. (Salem, Oregon) 1903-1919, 1914-04-09
Decision of Judge Galloway is
in Favor Gaines, Fisher
and Sanders.
CITY SUES ITSELF
AND WINS AND LOSES
Queer Mixup Results From
Claim as to Ineligibility
of Officers.

1t will be conceded by anyone who
has had a lawsuit that a man who
voluntarily gets into more of them than
he can avoid, or takes more than his
share Of one suit, has the instincts Of
pig.
Judged by this rule the far-famed
and ever-present Salem hog, pointed to
with becoming pride by all the news
papers outside of the Capital City, and
most politicians when they do not get a
fat office, is again in evidence. Some
time ago the city council in its un-
wisdom, of which it seems to have an
unlimited supply, passed an ordinance
requiring things that though an Ameri-
can citizen might have all the qualifi-
cations to fit him for the presidency
of the United States, would not permit
him to hold the responsible position of
policeman in Salem The ordinance re-
quired that to be eligible to arrest a
bootlegger or pilot drunk to the sta
tion house, man must have resided
throe years in Salem, and while it was
not stated in the ordinance, must have
nlso voted about fright" whatever
that was. Last winter, three police
men, Sanders, Fisher and Gaines, were
named as policemen and their appoint
ment confirmed and ratified by the
council. Being so appointed they pro-
ceodcd TO attend to the duties Of their
office, and attended to them so we'll
that there was no complaint made.
About this time "Peter Fogg," so to
speak, though that is not his name,
made the discovery, or thought he did,
that those men had not resided three
years in the city Of Salem and therefore
were not eligible to hold the office, and
were especially disqualified from draw
ing pay for such work as they had
done. "Peter Fogg" got busy, and an
action was commenced, to enjoin the
city treasurer from paying these police
men any salary. The suit was brought
by the city of Salem against the city
treasurer. That ought to be enough
law for the city to tackle in ore case,
but as stated the city developed the
characteristics of hog. Acting on
behalf of the city treasurer the city
city heroically came forward to pro-
tect the treasurer and itself from itself.
Through City Attorney Page the city
demurred to its own complaint, saying
it had no cause of action. and had no
standing in court. Judge Galloway has
wrestled with some knotty problems
that would have made Solomon want
another kid to help him. out, but when
he ran against ease where dod-
gasted city sued itself to enjoin it,
self from doing something that at the
same time it came into court and al
legged that it had no right to do, and
prayerfully asked the judge to com
pei it to refrain from doing it to itself,
the judge was puzzled. He was com
PEELED to give judgment in favor of
the city some way, and he did. He
sustained the city's demurrer to its
own complaint, dismissed the suit and
advised the city to let itself alone.
The city having sued itself and also
having come into court and established
the fact that it had no right to do
so, got judgment against itself for MAX
ing collective jackass of itself and
had the costs taxed against itself as a
warning to make its blamed fool self
behave. Anyway the city as defendant
won against the city as plaintiff and
made itself as plaintiff pay the costs
| In the meanwhile ''Peter Foggn is
laying awake nights wondering just
where he got off at The policemen
continue to hold their Jobs, the city
must pay them their back salaries, alsc
the costs of the case as stated and
there you are.
A woman IS strength lies in her weak