The Councilman Who Lived Across the State Line
A lawyer’s residency challenge nearly voided a railroad franchise—and forced Councilman Eckerson to offer his resignation.
Attorney Sherlock created a sensation at the meeting of the city council on Tuesday night when, after the vote on the second reading of the ordinance granting the Idaho & Washington Northern Railroad a franchise over certain streets was finished, he arose and asked permission to address the council.
He said that he would object to the legality of the ordinance, or any other ordinance passed by the council, on the ground that one of the parties voting for the passage of the same was not a resident of Newport, but resided outside of the state.
The remark brought Councilman Eckerson to his feet. He said that he understood that the remark was directed at him, and that he desired to explain his position. He claimed that he was at Spirit Lake temporarily only, that he had a room in his house in this city that was furnished, and that he occupied it whenever in this city. While it was true that his wife was living with him at Spirit Lake, they still claimed this place as their home. He had invested in real estate in the new town and was improving the same by constructing several houses. He could not tell when he would return to Newport, but would probably return before winter. He was doing a large share of the work of building the houses himself.
Mr. Sherlock then quoted the law regarding the residence of officials, and maintained that Eckerson had forfeited his right to the office by removing to the Idaho city. He thought that Mr. Eckerson should, in justice to the citizens of Newport who elected him to office, resign from the position. He claimed that Spirit Lake was dominated by the railroad company, and that influences might be brought to bear on officers of this city who resided in that place.
This statement brought Mr. J. C. H. Reynolds, of the Idaho & Washington Northern, into the game. He resented the statement of Mr. Sherlock that the railroad dominated the town of Spirit Lake, and stated that the company had nothing whatever to do with the town, but that the town site was owned by Mr. F. A. Blackwell.
Mr. Sherlock again stated that it was an open and notorious fact that Mr. Eckerson had taken up his residence in Spirit Lake, and again called upon Mr. Eckerson to resign. The latter gentleman again explained his position, and stated that he had talked with a number of his constituents and members of the council previous to going to Spirit Lake, and they had all advised him to retain his office. His attorney had also informed him that he would not lose his office by removing there during the period that was necessary for him to construct his buildings. However, he would withdraw his vote on the first and second reading of the railroad ordinance, as he did not desire to do anything that would cause a question of the legality of the ordinance to arise.
He also tendered his resignation as a councilman, and asked the mayor to have a vote taken on its acceptance.
The mayor said that he was sorry that the question had arisen, but that he had considered it several times as parties had spoken of the matter of Mr. Eckerson acting as councilman. He considered the gentleman one of the strongest members of the council, and would be glad to retain his services if they could be retained legally.
The clerk was instructed to call the roll on the question of accepting his resignation. Councilman Hynes, the first member, voted aye, as did McInnis, who followed on the roll call. When the name of Councilman Caldwell was reached that gentleman stated that he wished to have a little more information on the subject before voting on it, and he suggested that the matter be deferred until the next meeting. Councilman Bennett stated that Mr. Eckerson had consulted with him as to the status of his position, and said that he intended to retain Newport as his place of residence. Councilmen Hynes and McInnis withdrew their votes to accept the resignation, and the matter was carried over to the next session.
“He claimed that Spirit Lake was dominated by the railroad company, and that influences might be brought to bear on officers of this city who resided in that place.”
Residency rules for local officials still decide who may sit on a council and vote on franchises. The 1908 fight also shows how thoroughly railroad interests could shadow municipal decisions—an argument that echoes whenever outside employers or developers are seen as influencing city hall.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.