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Sylvester Pennoyer

From Wikipedia, the free encyclopedia

Sylvester Pennoyer
SylvesterPennoyer.png
8th Governor of Oregon
In office
January 12, 1887 – January 14, 1895
Preceded byZenas Ferry Moody
Succeeded byWilliam Paine Lord
30th Mayor of Portland, Oregon
In office
1896–1898
Preceded byGeorge P. Frank
Succeeded byWilliam S. Mason
Personal details
Born(1831-07-06)July 6, 1831
Groton, New York
DiedMay 30, 1902(1902-05-30) (aged 70)
Portland, Oregon
Political partyDemocrat-People's[1]
Spouse(s)Mary A. Allen
OccupationPolitician, lawyer

Sylvester Pennoyer (July 6, 1831 – May 30, 1902) was an American educator, attorney, and politician in Oregon. He was born in Groton, New York, attended Harvard Law School, and moved to Oregon at age 25. A Democrat, he served two terms as the eighth Governor of Oregon from 1886 to 1895. He joined the Populist cause in the early 1890s and became the second Populist Party state governor in history. He was noted for his political radicalism, his opposition to the conservative Bourbon Democracy of President Grover Cleveland, his support for labor unions, and his opposition to the Chinese in Oregon. He was also noted for his prickly attitude toward both U.S. Presidents whose terms overlapped his own -- Benjamin Harrison and Cleveland, whom he once famously told via telegram to mind his own business.

He later served as mayor of Portland from 1896 to 1898.

YouTube Encyclopedic

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  • ✪ Sex & the Senator in Pennoyer v. Neff

Transcription

Welcome to LearnLawBetter, where today we are going to discuss the story behind Pennoyer v. Neff, a case that most law students read in their civil procedure casebook. In addition to the story, stay to the end for the rule of law from the case. Hi, this is Beau Baez, and today I want to talk to you about Pennoyer v. Neff, a case I read during the first year of law school and which is still required reading in many Civil Procedure courses. The Supreme Court case revolves around three people: Marcus Neff, the plaintiff; Sylvester Pennoyer, the defendant; and the main figure in our story today, John Hipple Mitchell— a U.S. Senator when the case was decided. Mitchell was born with the name John Mitchell Hipple in Pennsylvania. He became a school teacher, and was forced to marry a 15 year old student who he got pregnant. He then became a lawyer, but decided he was unhappy in Pennsylvania so in 1860 he left his wife, stole today’s equivalent of $112,000 in client funds, and left for California with his mistress. When his mistress got sick, Hipple abandoned her in California, moved up to Oregon, and there changed his last name from Hipple to Mitchell. Neff needed legal help in securing land that he was trying to get under the Federal Donation Act, a federal law to encourage people to move to Oregon so Neff went to Mitchell for legal advice. Before Neff received legal title to the land he had settled, he left Oregon, at which point Mitchell filed suit for unpaid legal bills. Under Oregon law, Mitchell was required to provide notice by publication if the defendant could not be found in Oregon. Now apparently Oregon law did not specify the type of publication, so Mitchell placed the notice in a Methodist publication called the Pacific Christian Advocate—I mean almost certainly a ploy to make sure that Neff would never find out about the law suit against him. Of course, Neff did not show up for trial so Mitchell won the case in early 1866, but Mitchell held on to the judgment for a few months until he received notice that the federal government had in fact given legal title to Neff for the land that he had settled. Now this fact is important, as Neff did not legally own the property in Oregon until after the trial was over. Mitchell then purchased the land at auction, and a few days later assigned the land to Pennoyer, a person who eventually was to become a governor of the State of Oregon. Now let's Fast forward eight years, when in 1874 Neff suddenly shows up and claims that the land was still his, claiming that the Oregon courts did not have jurisdiction over him at the time of the original lawsuit. By this time Mitchell was one of Oregon’s two U.S. Senators, though he was not a named party in the lawsuit. The case made it's way up all the way to the U.S. Supreme Court, which held Oregon did not have jurisdiction over Neff under the Due Process Clause of the 14th Amendment. Now I always find it interesting when people talk about the good old days, when people were more moral than they are today. Frankly, there is nothing new under the sun. When Mitchell became a U.S. Senator, it was revealed that he had never divorced his first wife back in Pennsylvania, which meant that he was a bigamist. Just before Mitchell’s second election to the Senate, the newspapers published a series of letters proving that Mitchell had a five year affair with his current wife’s sister—Mitchell, nonetheless, won reelection. In 1905, Senator Mitchell was convicted of federal land fraud and sentenced to 6 months in prison. Before the Senate could expel him, he died from complications related to some dental work. You’ll be glad to know that since he died a Senator, the Senate did vote to cover his funeral expenses. I'd like to send a shout out to Dean Wendy Perdue at the University of Richmond School of Law, who taught me Pennoyer v. Neff when I was a law student at Georgetown. Now for the rule of law: a court has jurisdiction to hear a lawsuit involving an out-of-state resident when the state court has personal jurisdiction over the out-of-state resident; or, when the out-of-state resident owns property in the state. Neff won this case because he was not in Oregon at the time the lawsuit began, and he did not have legal title to the property at the time of the lawsuit—he received legal title from the federal government after Mitchell's legal billing lawsuit. If you liked this episode hit the like button. Also, let me know in the comments section how my videos are helping you, and tell me what topics you want me to cover in a future episode. We have many other episodes, so feel free to explore. Also, at LearnLawBetter.com you will find more free resources to help you succeed, including our newsletter, blog posts, and exam bank. Thank you for watching.

Contents

Early life

Sylvester Pennoyer was born in Groton, New York, on July 6, 1831.[2] His parents were the former Elizabeth Howland and Justus P. Pennoyer, a New York state legislator and a wealthy farmer.[2] Sylvester attended school at Homer Academy and then began teaching.[2] He graduated from Harvard Law School in 1854.[2] He moved to Oregon on July 10, 1855, where he resumed teaching.[2]

In 1856 he married Mary A. Allen, with whom he had five children.[2] While teaching, he also practiced law. Pennoyer was chosen as the superintendent of Multnomah County schools in 1860, and served until 1862.[2] He then shifted to the lumber industry from 1862 to 1868, accumulating a fortune.[3] He then purchased the Democratic-leaning Oregon Herald newspaper and served as editor until he sold it in 1869.[3]

In 1866, Marcus Neff hired attorney John H. Mitchell to complete some legal business, but failed to pay Mitchell's bill.[4] Mitchell sued and received a default judgment against Neff, with Neff's property sold at auction to pay the bill.[4] Pennoyer purchased the land from Mitchell, who had purchased the land at the sheriff's auction, and later Neff became aware of the forced sale.[4] Neff then sued Pennoyer to regain the property in a case that became the U.S. Supreme Court case of Pennoyer v. Neff that defined legal jurisdiction for citizens residing in different states.[4] At the trial, federal judge and Pennoyer adversary Matthew Deady ruled in favor of Neff, with the Supreme Court affirming the decision in 1877.[4] Pennoyer was compelled to give the land back to Neff, and the property became a part of the Willamette Heights neighborhood in later years.[4]

Political career

Pennoyer was a Democrat most of his political career, but became a Populist in the early 1890s.[5] In 1885 he ran for mayor of Portland, but lost to John Gates, partly due to his record of sympathy for the Confederacy during the American Civil War.[3] The following year he ran for Governor of Oregon against T. E. Cornelius, gaining support for advocating the use of American labor over Chinese immigrants.[3] Pennoyer was elected in November and assumed office on January 12, 1887.[6] He was re-elected in 1890 and served in the office until his second term ended on January 14, 1895.[6]

Governor of Oregon

As governor Pennoyer quickly made a name for himself as a quirky and cantankerous leader. In 1891 he pointedly snubbed President Benjamin Harrison when Harrison visited Oregon on a campaign tour.[3] He refused to leave his office to meet Harrison at the state border. When Harrison came to Salem, Pennoyer kept him waiting in the train station (in the rain) and arrived 10 minutes late.[7] That year the Oregon Legislative Assembly created the Oregon Attorney General office, and Pennoyer appointed George Earle Chamberlain to that post.[4] While in office Pennoyer declared without authority that the Oregon Supreme Court lacked the power to invalidate legislative acts on constitutional grounds.[clarification needed][4]

In 1893 he refused to grant the state Democrats permission to use the state's ceremonial cannon to fire a salute in celebration of Grover Cleveland's inauguration as President. (Pennoyer had just left the Democratic Party to become the second Populist Party governor in history.) "No permission will be given to use state cannon for firing a salute over the inauguration of a Wall Street plutocrat as president of the United States," he said, and locked the cannon away under armed guard. The Democrats were able to get hold of the cannon by using an unpaid blacksmith's bill for $10 as a pretext to have the sheriff seize the weapon, and the salute was fired on schedule.[7]

Pennoyer's relationship with Cleveland did not improve noticeably with time. Just a few months later, on May 3, 1893, he refused to use his resources to protect Chinese Americans when asked to do so by Grover Cleveland's Secretary of State on May 3, 1893. (Congress had just extended the Chinese Exclusion Act of 1882 for an additional 10 years, and the president was worried about possible riots.) His telegraphed response to this request read, "Washington: I will attend to my business. Let the president attend to his." [3][8]

Pennoyer refused another request from Cleveland, who asked him to intervene when a group of unemployed workers, part of "Coxey's Army", hijacked a train to travel east and join a mass march on Washington, D.C.. Pennoyer stated, "let Cleveland's' army take care of Coxey's army."[3] He also moved Thanksgiving Day in Oregon one week ahead of the national holiday in 1894 in further protest to President Cleveland's request.[9] His term as governor ended on January 14, 1895.[9]

Throughout his terms in office, Pennoyer had an antagonistic relationship with Oregonian newspaper editor Harvey Scott, who referred to him in editorials as "His Eccentricity."[8]

Mayor of Portland

On June 1, 1896, Pennoyer was elected the mayor of Portland.[10] Previously, while governor, he had opposed the Bull Run Water Project, and at one point he vetoed a request for a $500,000 bond to finance its construction, claiming the water, because it originated in glaciers, would "cause goiter to the fair sex of Portland."[11] The legislature came within one vote of overriding this veto, but it stood, and Judge Matthew Deady—who had drafted it—was so put out that he called the governor "Sylpester Annoyer."[12] Ironically, during Pennoyer's term as mayor it fell to him to take the ceremonial first sip at the new water system's dedication ceremony. He took his drink of Bull Run water, set the goblet down and said, "No flavor. No body. Give me the old Willamette."[13]

He was the second mayor to sit in the new City Hall that was completed in 1895. Pennoyer described the building as "expensive, unseemly and unhealthful."[3] He served as mayor until June 1898 when his successor W. S. Mason took office.[10]

Death and legacy

Pennoyer donated land to Portland to serve as a park, originally known as Pennoyer Park.[2] He died of heart disease in Portland on May 30, 1902, at 4:00 PM in his house.[3] He was initially buried at Lone Fir Cemetery in Portland, but in 1924 his remains were moved to River View Cemetery also in Portland.[14]

References

  1. ^ "Earliest Authorities in Oregon Oregon" (PDF). Oregon Blue Book. Oregon State Archives. Retrieved 9 February 2010.
  2. ^ a b c d e f g h Corning, Howard M. (1989) Dictionary of Oregon History. Binfords & Mort Publishing. p. 194.
  3. ^ a b c d e f g h i Terry, John. Oregon's Trails: Death shroud a suggestive footnote to a gadfly's death. The Oregonian, November 9, 2003.
  4. ^ a b c d e f g h Leeson, Fred. (1998). Rose City Justice: A Legal History of Portland, Oregon. Oregon Historical Society Press. pp. 47-49.
  5. ^ Carlos A. Schwantes, The Pacific Northwest: an interpretive history (1989) p 264
  6. ^ a b Oregon Blue Book: Earliest Authorities in Oregon. Oregon Secretary of State. Retrieved March 20, 2008.
  7. ^ a b http://www.offbeatoregon.com/H1008a_governor-pennoyer-tells-president-to-drop-dead.html
  8. ^ a b Pintarch, Dick. "His Eccentricity: Gov. Sylvester Pennoyer," _Great Moments in Oregon History_. Portland: New Oregon Publishing, 1987
  9. ^ a b Horner, John B. (1919). Oregon: Her History, Her Great Men, Her Literature. The J.K. Gill Co.: Portland. p. 245.
  10. ^ a b "Mayors of Portland". Auditor's Office. City of Portland, Oregon. Retrieved May 28, 2012.
  11. ^ Lansing, Jewel (2003). Portland: People, Politics and Power 1851-2001. Corvallis, Ore.: Oregon State University Press. p. 194.
  12. ^ MacColl, E. Kimbark (1988). Merchants, Money and Power: The Portland Establishment 1843-1913. Portland, Ore.: Georgian Press. p. 248.
  13. ^ Lansing, Jewel (2003). Portland: People, Politics and Power 1851-2001. Corvallis, Ore.: Oregon State University Press. p. 217.
  14. ^ River View Cemetery. The Political Graveyard. Retrieved on March 20, 2008.
General
  • Holden, Margaret K. "Voices of Federalism: Sylvester Pennoyer, Matthew P. Deady, and the Money Question in Oregon," Western Legal History: The Journal of the Ninth Judicial Circuit Historical Society, 1992, Vol. 5 Issue 2, pp 143–165

External links

Political offices
Preceded by
Z. F. Moody
Governor of Oregon
1887-1895
Succeeded by
William Paine Lord
Preceded by
George P. Frank
Mayor of Portland, Oregon
1896-1898
Succeeded by
William S. Mason
This page was last edited on 26 December 2019, at 18:51
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