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TOL L
ASTOIUA. OKE0ON, WEDNESDAY. JANUARY
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"' '- 1 111 J" 1 i ..... , , , , 1 - -r
24, 1900
Plow is the lime . . . .
!iij'lt TT'"' weather will Ik: getting colder
tIyIt 11 sou"'
00tItIt Ucttcr buy your
;;l stoves
''olltlf now at
THE ECLIPSE
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I
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COURTRAI
IRISH FLAX
GILL NET TWINE
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tir New
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AND NOW HEAHY FOK (Hit 1 f00 ITSTOMKIlS AKK:
Combination Bock Cases
Writing Decks, China Closets
Music Cabinets'
Library Casts
These goods were bought
will bo sold accordingly.
Charles Hellbcrn 8 Son.
I SOHE EXTRA FINE If
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C. J. TRENCHAR
HARDWARE CO.
ou Mil. In mir 23u looks nro
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GRIFFIN & REED
feeds
IN UOITFNOK
M MAIKOANY
before the rise in prices and
P,
Custom House Broker,
ASTORIA, OREGOn
Afont W. P. AC., and PMlflo KxpreM Cos.
DULLER BROUGHT
TO STANDSTILL
His Dispatches Amount to An Ex
planation and Apology.
BOER FIRE CAN'T BE FORCED
The Positions Decupled by the Enemy
Kill Have to lie Carried by Night
Attacks- London Uneasy
u.m)., Jan. -'4, 4 a. in.
(Jcncral Boiler's greut turning
movement, of which so much was
expected, ,has come to a tand
still. Ilia carefully-worded mes
sages to the war oflico telling tli in,
after a silence of two days, reads
much like an apology and an cx
lunation.
General Warren still holds the
ridges but the enemy's jKitions
are Jiigiicr. linlish artillery
aying on the Doer positions and
the Doers arc reply inir. The
British infantry is separated
only H00 yards from the ene
my but the approach to the sleep
slopes across the bare and open
siiaco would expose the British to
ft fatal rilie fire,
(iencral Butler's plans have
reached tlieir development. He
declines to send his infantry
across this zone against formid
able positions by daylight and
disclosed bis purpose to assault
Spionkop heights during the
night This apjears to be a key
to the Boer defenses. If he takes
it and thus commands the adja
cent country, an important and
possibly, decisive step, will have
been accomplished.
It seems that (iencral Buller's
dispatch reached the war ollice
rather early in the night and that
it was decided not to give out the
message till morning. But at 2
a. m. copies were sent to the news
papers. The Tost and Standard touch
lightly upon the unpleasant fea
tures of the dispatch and take
hope from the projected night
attack. But, all in all, the dis
patch looks like a preparation for
worse news.
Apparently, Lord Roberts has
nothing whatever to do with Bul
ler's operations, Buller communi
cating with tho war oflico direct
The fact that tho judgment of
Lord Roberts has not been sought
does not add to public confidence.
Special dispatchos heliographed
from Ladysmith Monday say the
garrison has ceased to speculate
regarding the precise date of its
probable deliverance.'
LONDON, Jan. 24, 2:50 A. M.
Contrary to the announcement
made shortly boforo midnight by
the war office that nothing fur
ther would be issued before Wed
nesday forenoon, tho following
dispatch from General Buller,
dated at Spearman's January 23,
at 6:50 p. m., has just been posted:
"Warren holds the position he
gained two days ago. In front of
him at about , MOO yards, is the
enemy's position, west of Spion
kop. It is on higher ground thiui
Warren s position, so it is impos
sible to see into it properly.
"It' can be approached only
over bare, open slopes and ridges
which are held by Warren and
which are so steep tlnit guns can
not be placed on them. But we
are shelling the enemy's position
with Howitzers and field artillery
placed on lower ground behind
the infantry.
"The enemy is replying with
creosote and other artillery. In
this dual the advantage rests with
us, as we appear to be scurching
his trenches, and his artillery fire
is not causing us much loss.
"An attempt will bo made to
siezo Snionkop, the salient isjint
of which forms tho enemy's osi-
tion facing Trichard's, and which
divides it from the jwisition lacing
I'otgieter's drift. It has consid
erable command over the enemy's
entrenchments."
1IIK liATTLE KAUES.
lUh-m Mii'.ilr.if Lc3iK-rute KfToi'U
M.ikt- an End at Luiljmnllh.
to
! ilt HKAIi LA AGE It, Uidysmlth
Muniiiiy, Jan. 22. Itattlc hao ben rag-
Inn ul.ni; Ollvrr'n Hm-k lnce Satur-
day b. lut- n the iloera and 6,000 Urlt
iHh. The IlKhtlnK ih In full swing at
Sp.cihlop. The ll'K-m under two gen-
er.ilK haw been Bent thither. The
lii'ilsi. ilrt. wh. ie are only making a
rcconii. Inan' of the Hoor positions.
I'rt'Hidet.t Stt-yn, 'ua under Ure at the
foremost pyiilju of the Free Siatera.
Xu WOKIi FROM Bl'LLER.
Tht KrllUli Now Conceded to Out
match the Hoer In Artillery.
LONUuX. Jan. 23. The war expert
of the I.e.ul-r write In today' Isaue:
Not a word came from Uuller yester-
lay.t!HHl or bad. We do not think he
wouU have refrained from reporting
I ixt nlkl i h.nl he -any Kood new.
i 'tie tbiiiK only we know the ene
my ;it Iciiaih is outmatched in artU
lory, but his supremacy In rllle Ore
H'.-ems to remain.
"It i unnecessary to make any re-
n'KikH up'.m the composition of the
stair of the EiKhth division (the latest
(iiMHion orsanized) save that another
Kiim Jmnnn is pushed up two steps by
he vicious old Hystem. This rule com
mends it9elf to a secretary of state for
war. most of whose relatives are in
the household troops.
"Lord Methuen got his command be
lt use he Is a guardsman."
THOMAS DUE TOMORROW.
Transuoit Bearing Bodies of Lawtoa
and Logan Nearlng San Francisco.
SAN FRANCISCO, Jan. 23. The
ranxport Thomas .which has on board
he bodies of Mujor-Geueral Law ton
and Major John A. Logan, Jr., is er
ected to arrive from the Philippines
on next Thursday or Friday. Mrs.
Lawton Is accompanying the remains
of her husb.ind, which are to be buried
with honors in Arlington cemetery.
Major Logan's body is to be burled
at Youngstown, Ohio, the home of his
wife and her family. '
Under orders from the secretary of
ar, Major-General Shatter and a
toilful of soldiers will escort General
Law ton's remains East.
MONET FOR TROOPS.
Transport Pennsylvania to Take 'Out
Gold to Pay Men and Officers,
SAN FRANCISCO, Jan. 23. The
Pennsylvania, which Is under orders
to sail from this port on January 25,
wilt carry funds for paying off the
United States troops now in the Philip
pines. Major William Comegys, pay
master, U. S. A., is assigned the duty
of acting as custodian of this fund,
which will amount to about $1,250,000.
QUAY WILL BE
TURNED DOWN
Majority Report of the Commit
tee Against His Admission.
CITED,
MANY PRECEDENTS
j'lu-l j that th poner of appointment
!wa. not U hi exercised unk-s the
a me Reasons Which Impelled the! vao,my N m the rcu of the
2 t 11 . it .1 . ; I;ihlaiure and wan occasioned by
senate a Action in the Corbett , ttt,u,!ty lik(! leath J
Case Apply to Quay's.
"W ASHINGTON, I). C, Jan. 23.-Th
rcpoi Is of the ominittee cn privileges
ami elections In the cane of M. S. Quay,
who claims a seat In the United States
iM'iiiilc on the strength of an appoint-
mem bv the governor of Pennsylvania,
eiv presented in the senate today
Th.: n ajorlty report opposing the ,ht! e''t has n-rver recfgnl2ed
s-utins oi Mr Quay was signed by lh'i r'4ht ol a "'ate executive to make
Senators Caffery, Pettus, Turley, Har- ,u "d-oiaiy uppointmnt, where the
ris s.nl Burrows, the last named the , ;" y ,'Hned or occurred t'uring
onl republican signing it. The nU- a '""'on of the leglhUiure. It shows
roi-liy rejit bears the signatures of ,,,at ti,r J'eurs the enat-s has re
Sen tloiH Hoar, Chandler, Prltchard it""'J " i gnlze tLe right of a state
and McComus, all republicans, and ad- "cutlw to make- a temporary ap
vocuted giving the seat to Mr. Quay. 1 li'imetit, ven where the vacancy
Th- majority report first reviews the "l i'en.-cl or occurred ! jnng a rewss
clit -if NUnci-s under which Mr. Quay's vl '" hgislature If the legislature,
ap.olntmiit was made, including the 'her Uf..iv or after it ocurred and
fali-Ji of the Pennsylvania legislature
to elect a s-iiatr. It then says: "d had an opportunity to All It.
"After a vacancy in the office of Unl- "'J'h fur.iamental principle thus es
ted States senator occurs or cornea to "'"''xlied is that If the legislature
pass, if the next legislature does not ' either before or after the happening
fill it, u continues to exist. It is the o vacancy has had an opportunity
sin-tf vacancy, not a new one. Now to iU it. then there is no power in the
the state executive is given power to Mate eec itive to appoint. The result
make a temporary appointment in case 's rl' to the claims of Mr. Quay.
f a vacancy, not as long as It con- ' danger or evil has resulted to the
limns or exisu, but only unUl the ' govtirment from the ..-nforcemcnt of
m-xi meeting- of the legislature, which 'N lrir.oiple.
is then rt iiilred to All the vacancy. "We therefore subsnit that the sen-
Thit cle.ii ly means that the para-, ate for it nown honor iuid dignity
mount Intent to have the legislature .
choose tl-e senators is to prevail and '
thai, whenever the' legislaturthaa had '
ine opportunity to nil the vacancy ,
eltncr before or after it occurs, the ex- ankle one, of the constitution, the
tcutive lias no power to appoint. And minority soys thai the failure "of the
w hen we take the phrase if vacan- go ei nor to call the legislature togeth
ciej huppen by resignation or other- er to elect a senator does not act to
wise- during the recess of tne leglsla-
tuiv of any state,' If we concede that arpolntment. Referring to the con
the general- word 'otherwise' Is not , stltutional provision the question is
nuaiiiied nor limited by the specific asked:
word 181110 and that it include ' "Does the language of the constltu
vavancies which are caused by efflux ltion of the United SUttes mean just
of li ne and which can be foreseen as : wl.it the constitution of the common
well as vacancies which are caused by i wealth of Pennsylvania says, In case
a c.-wualty or the happenings of an ' of a vacancy In the office of United
unexpected event and which cannot Stares senator in a recess between
be ioresven. still it must be construed 1 sessions' or does it mean that the va
and JeHned with reference to the bal- ' caray must b one which comes by
an- e of the phrase so as to give effect i chance, or that it does not apply at
to all its parts; and it thus results that:; all to the case of a vacancy at the
tne vacancy,, no matter how it is pro
duced, must happen, take place or be
gin during a recess of the legislature;
and this of itself ould be decisive
against Mr. Quay's claim."
Continuing, the report says:
"Thus construed, this clause of the i
con.siituiion affords every facility for
always keeping the senate filled with
senators who are real representatives
of their respective states. A senator
w ho is chosen by the legislature of his
state is likely to be the choice of the
majority of the citizens of his state.
A senator who is appointed by an exo
cutive is frequently only the personal
or political favorite of the executive.
"The legislature, as we construe the
clause, chooses the senator in the first
fhslance. If he declines to serve or
dies before he is inducted into office or,
if after qualifying, he dies, resigns or
Is epelled, the executive may make
a temporary appointment until the
legislutuie meets again; or, if, owing
to changes In state constitutions, the
legislature which Is authorised to fill
the term at its commencement cannot
meet until after the term commences,
the executive can also make a tem
porary appointment.
"Every contingency is thus provided
for except the sole contingency that
the legislature will fail to perform Its
sworn duty. Against a contingency of
this kind the framcrs of the constitu
tion did not intend to provide."
Afler discussing at length the cir
cumstances under which the constitu
tion was framed, the majority an
nouncesits conclusions as follows:
"We think that the framers of the
constitution never contemplated nor
lnt-nle! to provM? f.-r a case wlier
a tlatn, l.y It own ilelilxTUte act;
hIiouI.I U.-prlvo Its leKltUlure of the
Iwt to fill an erilre Urm at it be
KlniilrK. hi our opinion they never
Int. n l.-rj to give the executive of a
I mat the power to fill an entire term
. hy uilfcit.ul aiHiri went unln poml-
b!v, in a cae whf r the 1. jtUlature
i Imo ch.m-n and tiio j.mon elected
h;ul reliwa to acwpt or dM, before
qualification. In otlu.-r word w mn.
lion."
The rnort then quotes nuraerou
pre..eJ,..pig tHrglnnlng with' that of
: l' vn7ly J"hn Lelaware, In-LX and
tl'"""K Bl,h U' f Hei.ry W.
j,,,,i't of Oregon, in lm It then
' nls a f"'s:
j ' T'"-' tatenrwnt of th.-n.j cases and
C'enls shows that from the begin-
n'"K of tne government to the prewnt
' I ri i ,u the date of the appointment,
should and by its previous soTem'n!
and deliberate decisions."'" -r- '
The Pdnoiity report takes the op
pofite lew. Quoting section three,1
deprive the governor of the power of
(Continued on Page Two.)
i .
Suggestions
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to
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There is not a style in any article of Man's wear
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Suits Underwear Neckwear
Reelers Hosiery Gloves ' . W
Overcoats
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Hats and Ccps
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Mail Orders Solicited.
Corner Fourth and Morrison Sts., PORTLAND, OREGON,
sr- ts'. tr- tr- s-' fer- s r-
STANDARD Oil
IN A BLA
Warehoose Burned put Yester
day in Portland. '
THE LARGE
TANKS SAV
An' All-Dav Fire Which' Keijulr
Hard Work to Sihdue. Loss
Estimated at 20,000,
PORTLAND, Jan.' 23. The
one-story brick - warehouse of the
Standard Oil Company, located
on host Water htreet, was totally
destroyed by fire this afternoon,
entailing a loss estimated at $20,
000. The fire started in the
basement, under the , storeroom,
where a large- amount ' of oil - in
cases was kept. The entire fire
department of the city was called
out, and their efforts were directed
toward saving the oil tanks w here
1,5(10,000 gallons of oil was
stored. Every few minutes a
case of oil would explode and
sheet of flame leaped hundreds
of feet into the air. For a time -a
high wind prevailed, which
spread the burning oil over several
acres and it was with great diffi
culty that the firemen saved the
other warehouses in the vicinity.
The fire burned fiercely all day
; and .it was lute 'tonriit .before th
i -.. " "T
lake of oil had burned . out. i Sev
eral engines1 will be ' kept throw
ing water on the ruins all night
to prevent the fire from.1 spread
ing. Had the flames reached the
huge tanks of oil on the premises
the loss would have been much
heavier.
There was no insurance on ny
of the property.; "
W:n. Goldman, the well-known . Ufa
insurance man of Portland, waa In the
city yesterday. Mr. Goldman states
that the 31st of December closed the
most prosperous year In tho history
of his business. Be .states further
that '.he outlook for the new year. Is)
even more, promising. .... , ,
ft
Astorians
BOYS.
.a
Leggins
rancy Vests
Sweaters
Ob
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