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Portland v. Erickson

Unknown CourtNovember 19, 1900Cited 24 times
Defendant WinCity of Portland

Case Details

Judge(s)
Wolverton
Status
Published
Procedural Posture
Appeal from circuit court decision on writ of review of municipal court judgment

Related Laws

Claim Types

Wrongful Termination

Outcome

The appellate court upheld the defendant's appeal, reversing the circuit court's decision to set aside the municipal court's judgment of acquittal in a prosecution for violation of a municipal ordinance.

Excerpt

<p>From Multnomah: Melvin C. G-boro-e, Judge.</p> <p>Criminal action by the City of Portland against August Erickson. From a judgment of the circuit court on a writ of review setting aside a judgment of acquittal by the municipal court, defendant appeals.</p> <p>A prosecution for a violation of a municipal ordinance is not such a criminal action that the constitution of the state prevents the city from having a writ to review the wrongful discharge of the defendant by the municipal court, where the record shows that the municipal court exceeded its jurisdiction in so discharging the defendant, and the facts are undisputed and appear upon the face of the record: Wing v. Astoo'ia, 13 Or. 538 (11 Pac. 295) ; Seattle v. Peai'son, 15 Wash. 578 ; Cross y. People, 8 Mich. 113; People v. Walsh, 67 How. Prac. 482; People v. Knoxon, 40 111. 30 ; 1 Dillon, Mun. Corp. (4 ed.), §§ 411, 925-928.</p> <p>On Petition nor Rehearing.</p> <p>We respectfully submit that the court was in error in holding that the prosecution for the violation of a municipal regulation is a criminal offense within the meaning of the Constitution of Oregon. The constitution provides in Article IV, § 23, that the legislative assembly shall not pass local or special laws for the punishment of crimes and misdemeanors ; in Article XI, § 2, that municipal corporations may be created by special law ; and in Article VII, 1, that municipal courts may be created to administer the regulations of incorporated towns and cities. Municipal charters are local and special laws within the meaning of the constitution. This leads to the unavoidable conclusion that the legislature can not give power to municipal corporations through their charters to create crimes and misdemeanors, unless the legislature can authorize a city to do what it can not itself do. This court has already decided that a municipal corporation can not make the violation of a municipal ordinance a crime or misdemeanor: Portland v. Schmidt, 13 Or. pp. 17,

What This Ruling Means

**Portland v. Erickson: What Workers Should Know** This 1900 case involved August Erickson, who was prosecuted by the City of Portland for violating a city ordinance. The municipal court initially found Erickson not guilty, but the circuit court later overturned that acquittal on review. Erickson then appealed this decision to a higher court. **The Court's Decision:** The appellate court sided with Erickson, ruling that the circuit court was wrong to overturn the municipal court's original not-guilty verdict. The higher court restored Erickson's acquittal, meaning he was cleared of the municipal ordinance violation. **What This Means for Workers:** While this case is over 120 years old and involves municipal law rather than modern employment protections, it demonstrates an important principle: workers have the right to appeal unfavorable court decisions. When facing legal action from government employers or dealing with violations of workplace rules, employees can challenge adverse rulings through the court system. The case shows that higher courts can and will reverse lower court decisions when they find legal errors occurred. This appeals process remains a crucial protection for workers today when facing disciplinary actions or wrongful termination claims.

This summary was generated to explain the ruling in plain English and is not legal advice.

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