Image provided by: University of Oregon Libraries; Eugene, OR
About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Feb. 26, 1904)
PAGE EIGHT. THE MORNING ASTORIAN, FRIDAY, FEBRUARY- 26, 1904. WOULD SUE BONDSMEN City Attorney Smith's Plan to Save Interest on Warrants. TREASURER TO CALL THEM IN outstanding-, the Interest account could be materially cut down. The council adopted a Regulation at that time by which the treasurer was required to call In special fund warrants whenever any particular special fund reathed $100, and to call in general fund wur rants bo that there would tiever be more than $1500 on hand. The report of the experts showed that CUy Treasurer Dealey had on hand January 1 about $18,000, and this circumstance prompted the council to take ud the matter. "Ways and Means .Committee - Considering Matter and Will Keportat Next Meeting of the Council. City Attorney A. M. Smith say the council should take tept to require the city treat urer to call in warrant for all but $1500 of the money on hand in the eity treasury. , If the treasurer fails to do so his bondsmen should be held accountable for any loss in in interest that may result to the city. The matter is now in the hands of the ways and means committee of the council, which will report at the next meeting, and probably recommend some such action. , Obstructions to Streets. At Wednesday nlghfa meeting of the council Mr. Burns introduced an ordl nance prohibiting the obstruction of streets and sidewalks. The bill went over until the next meeting. The or dinance provides that It shall be unlaw. fnl to leave on streets or sidewalks, for a longer period than 24 hours, any boxes, wood, coal, lumber or other building" material, or any other ob struction, without first obtaining per. mission from the street committee. It Is also declared to be unlawful to leave any wagon, buggy, cart or dray or oth er vehicle standing upon any Improved street for more than 10 hours, or to leave any wagon, buggy, cart, dray or other vehicle, when not being used, upon any street during the night time. It is further declared to be the Outy of the occupant of any lot to vause to be removed any earth, snow or Ice on sidewalks or streets within 24 hours after receiving; written notice from the When the report of the experts was street superintendent, who Is also au thorised to notify persons against leav ing wagons standing upon the streets. NO CHARGE FOR SERVICE Shown that C. C C Rosenberg Collected Pay for Medicine Only. ACQUITTED BY THE JURY Case Toes Not Constitute (! fense-No Liceme Xeeessnry to Dispose or Medicine Attorney Comments. read at Wednesday night's meeting of the city council attention was called to the matter of calls for warrants. It . was pointed out that a considerable sum of money was on hand with the city treasurer when he made his e. port on January 1, and that his failure to call In warrants In accordance, with a rule adopted by the council some months ago would result In loss to the city, which would be required to pay put more interest than' if calls were promptly made when funds were avail able for this purpose. City Attorney Bniito stated Uiat he fcelleved the counaij should take some action In the matter, and he reim, mended, that the authority be given him by the council to proceed against he bondsmen of the treasurer to re cover any loss that the city might suf fer in consequence of that official's failure to keep bis cash down to a low figure. Mr. Nordstrom, chairman of the ways and means committee, stated that he bad asked that the report l referred to his committee so the mat ter could be considered, and added that he would takesteps to formulate a re port for recommendation at the next meeting of the council. Some time since the very same mat ter was brought up in the council. It appeared from the reports of the voti buB treasurers for years past that 115, 000 to 125,000 Was constantly on hand in the city treasury. If that money were used to pay up war ants that were A flue of $5 to $100 is provided, or Im prisonment of from two to 50 days. New Street Repair Bill. Mr. Burns has also offered a : ew bill regulating: the manner In which street Improvements shall oe made. The bill has the effect of placing the matter of the awarding of contacts in the hands of the council. When the Sixteenth street case was on In court Judge McBrlde ruled that the street committee had no legal authority to award contracts, and since that time contracts have been awarded by reso lution. The ordinance makes the new arrangement permanent. W provides that the bid of any contractor who may have heretofore failed, or who may hereafter fall, to live up to bis agreement with the city may be thrown out for this reason, and that, where the ordinance does not specify the amount of the bond required, the bond shall be in the sum of $200. The street committee is authorized to ad vertise for bids, which shall be sub mitted to theVouncil, with such recom mendation as the committee may see fit to offer, ' ' Judge McBrida ruli That parson must "practice medicine" a legal term Inter changeable with the expression "practice surgery" for a fee without license in order to be guilty of infraction of the law. That, where no charge is made for actual services ren dered by a person providing such attendance for another person, the practioneer is not guilty under the statute. That charge for medicine fur. niahed was not intended by the law to constitute an offense in the oate of a person who has no license to. practice. District Attorney Allen says The law should be amended so as to apply to all persons who practice medicine without license, whether or not charge is made for medicine or for ser vices, or for both. v Under Judge McBride's ruling Charles C C. Rosenberg was acquitted yesterday by a jury in the circuit court. New Field Guns. Vienna, Feb. 25. The Hungarian diet passed the ordinary and extraor dinary army estimates today, as well as a credit of 3,t50,00d for the purchase of hew field guns. U oir new store at No. 530 Com mercial Street, we will make SPECIAL PRICES a odds and ends of various brands of Cigars in box and lest than box lots. Many of these are high priced cigars. Will Madison First National Bank of Astoria ESTABLISHED 1886 Capital and Surplus $100,000 In the state circuit court yesterday Dr. Charles C. C. Rosenberg was ac quitted of the charge of practicing medicine without license, which had been preferred against him by the state medical society and the Clatsop County Medical Association. The acquittal followed Judge McBride's Instructions fo the Jury at the conclusion of the tase. The Jury evidently accepted Rosenberg's Btafejnent as to the facts in the matter, and. he verdict of ac quittal was arrived at In short tlm. Rosenberg is genrally known as "Dr." Rosenberg. He Is a Finn and promi nent in the local Finnish colony, own ing the Finnish paper Lannetar. It Is generally believed he Is a physician, practicing" regularly under the laws of the state of Oregon, but this belief ap pears to be an erroneous one. His ar rest for the offense was caused some represented by Messrs. Smith and No land. ; . :' i y " .: " District Attorney Allen 'remarked during the trial that he believed the court's Interpretation' of the law to be absolutely correct, and suggested In an Informal manner that the law might easily be amended ao as to cover just such cases as that heard yesterday. Mr. Allen seemed to entertain the opinion that the present statute was defective In that It permitted persona to churge for medicine whether or not they were provided with medical II censes. He said after the tr nl that the law made no distinction between the expressions "practicing medicine" and "practicing surgery,- and thatthe terms were used throughout the code In an Interchangeable manner. The ruling of Judge McBrlde will be of great Interest to physicians and sur geons who are licensed practitioners. One Year For the Jap. C9-I...4 1 a. onKumru riannoaa, a Japanese, was yesterday sentenced to one year's Im prisonment In the state penltontiary for assault with a dangerous weapon. ivanaoaas crime was committal nt Clifton and was the result of a dnink- en row among section hands there. He appeared yesterday by his attorney. Charles A. Abercromble, who moved that the Information be quashed. This motion was denied by the court, where upon Mr. Abercromble announced that he would withdraw the plea of not guilty which had been previously en tered ana nie a plea of guilty. Judge McBrlde sentenced the man tv a jvar's Imprisonment. Considerable difficulty wus experienced in making the defend ant understand what was tra.isulrlng. but eventually he gathered that he had been ordered confined to trlson for 13 months. He will be taken to the i-m- icuiiary oy onerirc umville t "ti-rrow nlght. Scow Bay Iron S Brass Works Manufacturers of Iron, Steel, Brass and Bronze Castings. General Foundryuien and Patternmakers. Absolutely firstclass work. Prices lowest. Pfccne 2451. Corner Eighteenth and Franklin. Subscribe for The Morning Astorian. months ago at the Instance of the state and county medical associations. He gave bonds and was released. The trial was set for Wednesday, on which day the state presented Its case. Tester day the case of the defense was pre sented , Charged For Medicine. Rosenberg was the only witness the defense put on the stand. He testified that he had attended the two persons named In the complaint, one In particu lar having been a sufferer from a dis used bone in the arm. The patient had come to him for attendance and he had prescribed for him and dressed the wound . I did not make any charge for ex amination of the Injured arm," Rosen berg testified, "nor was the patient re quired to pay anything for any other actual service which I rendered. I did, however, furnish the man with some medicine to apply to the arm, and I ex acted a fee for this. Otherwise I made no charge." The statement of Rosenberg sum marized the case of the defense, which set up the contention that, Rosenberg having made no charge for service, he was not guilty of violation of the state regulations. The matter was submit ted to the Jury without argument. Judge Mo Bride's Charge. In charging the Jury Judge McBrlde quoted the law with reference to of fenses such as that with which Rosen berg was charged and explained its op- ration and application. He said the law intended to prevent persons from practicing medicine without license. However, If a person were to attend a patient and exact no fee, he could not be regarded In the light of an Illegal practioner, even though he had charged for medicine furnished. There must be a charge for actual medical service to constitute crime. The ruling of Judge McBrlde and his charge to the Jury precisely fitted the case at issue and made Is clear to the Jurors that the defendant was not guilty under the Oregon law. The statement of Rosenberg was accepted as a truthful one, and after being out a few minutes the Jury returned a verdict of not guilty. Rosenberg was Seoggin's Cass Todsy. ine case or the state vs. Arthur Scopglns will be tried before Judge Mc- Bride today. Scogglns la charged with malicious destruction of property. ?e has been In Jail for several months and there Is now much sympathy for him. He Is represented by Judge Wln'.on. The man is accused of having caused the death of N. D. Bain's pointer doo. Printer Boy, an animal that an nntrd all over the western country as a fine specimen of his breed. The dog was being exercised on the day of the ac cident which resulted in his deatn It Is charged that the animal w.is burned jth ammonia thrown upon It by Sccg glns, who wa H that time employed at the Llndenberger cold storaga plant. The dog suffered greatly for me days and then succumbed to his injuries. The case attracted widespread fctlen tlon at the time and there whs consid erable feeling against the accusa l i an. This feeling has given way l one of sympathy ,1 Ths Divorce Mill. The sensational case of Uertha B. tteld vs. Captain John lteld cn-ne to the notice of Judge McBrl le ivnterday, when O. C. Fulton appeared and aMed that cognizance be taken of the fact that he represented the defendant in the action. The case has not yet uon set, for trial, but it promises to e an Interesting one. Judge McBrlde tmmled .Jown a de cree of divorce In the case of Chirles A. McCormlck vs. Margaret M'Cor-mlck. There's Something Doing Around Here Nowadays You'd think so to, if you should see the ODD SUITS rolling : ' out every day They still go at HALF PRICE 520.00 odd suit for - 510.00 18.00 odd suit for - 9.00 16.60 odd suit for - 8.25 16.00 odd suit for - 7.60 13.50 odd suit for - 6.75 12.00 odd suit for &oo lo.oo odd suit for - 6.00 See our corner window U nffcala on Overcoats and MacKintosh- MTO llil OalU m will rnntlnn thlt u.tr wwmwsmw VMS WW W V JUs Get the Habit, Go To S. DANZIGER $ COMPANY ON THE SQUARE. STEWARTS BROAD ARROW IRISH FLAX Salmon Twine UKe .11 goods wejsell It is THE BEST Foard StoKcs Co. Important Announcement. . Mr. J. J. Blumer, representing the eastern banks Involved In the failure of the E. R. Dumont Publishing Company, Is In the city of dispone of the assets. The stock consists of encyclopedias, histories, works on literature, Shakes peare, Voltaire and other standard pub lications. These works are sold for cash at n mere fraction of the publishers' price. Call at or telephone your address to the Occident hotel. MADE IT WEIRD ENOUGH. Story 8pectacular Recital of Ghost Ends in Serious Accident Cincinnati, Feb. 25. In an accident in the Richmond street Christian church tonight 10 children were seri ously burned and others painfully scarred by an explosion of alcohol, which was lighted In a kettle to make more weird the ghost story which the minister was telling the youngsters gathered around him. Seven were so seriously injured that It was necessary to take them to a hospital. The rest were taken to their homes. Private lessons m telegraphy. 10, Main Street House. Room mid I 77?.? V Vknr oo to "CoiAsax" Trt t C1DU ry-w. ... WHEN I WILL MAKE A irst-C!assBook-lqKX ' OF TO(T At YOI'B IIOMK In MONKYI Futmtir? POITIOM, tno! I'IapM TlmiTu i v iiu nJSsr?J!L0,,l 'jfMtitiiiioiiihi.t BAve WKITK. J. A lllMiliUMs. a'conniint, Hoom Ian HroariwrtT. S. V. "MI8S BRIGHT EYES"' L00K3 FOR "GOOD THINGS" not en tht race program, but In the candy box. Miss "Bright Eyes" will will find what she is looking for If her cuest, or that of her masculine friend, ends here. W. are not timid about saying that we make and sell as rood confectionery as can be had In THE EASTERN CANDY STORE, 506-508 Commercial 8t, "xt Griffin's Bjok Store. jttt888Btttt8tlttttttttaua a a 8 8. 8 8 8 8 8 8 The Palace rfc Cy - MLS Palace Catering r n, I , O vtuiaeill xx 888888888888,88888888888tt8888888a888 TIra.Best Restaurant Regular Meals, 25 Cents Sunday Dinners Specialty Emythfng- the Market Affords ASTORIA SAVINGS BANK uaptui md in 51no,oon. garpu, Bnd Undivide(1 p TraasBct. . general banking busies.. Interest paid J22 J. d A. BOWLBY. 0. 1. PITEKS0N, FRANK PATT0N, J. W OA It NEK President ., VI. Presidaat .w:.. "A,-. ler. Jm- ' '