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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Sept. 23, 1904)
1 1 L J- If. ... ( f it If i v it f I 55 I li !:.' DEFECT IS NOT VITAL Judge McBride Says Municipal Elections May Be Held Under Provisions of Old Law. RIGHT TO VOTE INALIENABLE Convf iitlous May Make Nomina tions as Heretofore and Pro. eeetling Will lie Quite . ltegular. Circuit JuJge McBride last night ex pressed the opinion that the defect In the direct primary la' would not in terfere with the elections to be held in Oregon cities prior to the conven in of the next legislative session. As has been pointed out before, the defect results from the provision governing registry of voters. The law provides that all voters must register, stating their political faith, In order to be eli gible to vote at primary elections, and. as practically all of the voters of Ore gon have registered heretofore, they would, taking the opinions of Portland attorneys for It, be excluded from vot ing at the primaries to be held this fall. Judge McBride Is a warm advocate of the direct primary law. He admits that It Is calculated to help the min ority party, but says he would support any bill calculated to better political conditions, even if the bill might have the effect of turning Oregon over to the democrats. He is disgusted with the crooked political methods which have characterized elections In this state, and IS" of the belief the direct primary taw will do much to eliminate Illegal voting. Every Man May Vote. regard all this talk about the de tect In the law as bosh." declared Judge McBride, In conversation with a rep resentative of The Astorian. "The law baa failed to make provision for the few municipal elections to be held this fall, but that will not Interfere with the elections. The constitution guar antees to every man the right of suf frage, and It can not be taken from him because of some defect in a law. In view of the fact that the new law Is defective, the provisions of the old law will apply. In other words, nom inations will be made this fall by con ventions. I am satisfied that this view of the situation is correct "A somewhat similar case, so far as the vital issue Involved is concerned, came up many years ago, when the county court of a southern Oregon county failed to make provision for an election in one precinct There were no judges and clerks of election, no polling places, no ballots. The voters of the precinct got together and pro ceeded to select judges and clerks. Then they set about to Improvise regis try books, tally sheets and ballots, and held their election. The vote in the precinct in question decided the re sult of the election in the county, and contests followed. The case was tried out before Judge Williams, who held the election there was legal. The Idea is that voters have the right to vote, and such defects as that In the primary law can not deprive them of this right Where no machinery Is provided under the new law, thatf of the old law holds good. Favors ths New Law. "I believe the direct primary law to be a blessing. There has been consid erable opposition to It, but It Is at leant worth a trial If It Is found worthless. It can easily be repealed. Why, think of the howl that went up when the old method of voting was abolished! In former years men used to go to the polls and cry out the names of the candidates for whom they desired to vote. If Smith and Jones were run ning for county clerk, the voter would be asked his choice. Smith,' he would answer, and the clerk of election would score one for Smith. When it was pro' posed to substitute the secret ballot, honest men declared that the secret ballot was a proposition of villainy, for the reason that no man should be ashamed of his political course. We will like the direct prtmary law bet ter after we have tried it. Could Register Again. "So fur as the Inability of voters to register again this fall Is concerned. 1 believe county clerks generally would not refuse to register applicants. It is my impression that the early regis tration does not necessarily deprive a man of the privilege of again register Ing. . "There need be no fear that the di rect primary law is going to interfere seriously with the municipal elections, for it Is Impossible to legally take away from any man his right to vote. Can didates may be- nominnted by conven tions, .and elections following will be held to be legal. NONSUIT IS ASKED FOR Attorney Seeks to Have Court Dismiss Grimberg Damage Case. DELICATE POINT INVOLVED Defense Avers That Vetwel Be longs in California, Where Actlou Should Have Beeu Brought. the nonsuit will not be granted. This will make It necessary for the defame to Introduce Its evidence, If he holds that the vessel was part of the state of California, the motion will be al lowed, and the case will end. . The court remained up until a late hour, considering the propositions of law In volved, as the Jury Is held together pending his decision. BILLION FEET OF TIMBER DESTROYED IN COLUMBIA Loss from Forest Fires in Neighboring County Estimated to Have Been Fully $7,000,000. One billion feet of timber has been destroyed by fire In Columbia county alone the past month, according to Donald McRae and Die Ritan, two prominent timberland men, who have visited the scene. The spread of fires has been stopped by the showers of yesterday, however, and all danger for this year Is considered past "But a billion feet of timber means a good deal to Oregon," says Mr. Mc Rae. "It means $7,000,000 loss to the land owners and a consequent loss to the state at large. Besides this, the loss in taxable property will be felt keenly by Columbia county, as the owners of these burned-over lands can not afford to pay taxes on them as high as before. 'The various quarter set t Ions will thus finally be bought in by the county for taxes and as the lands can not be sold for even the taxes, the loss will be far-reaching. "Much of the land burned over Is mountainous. It might be fit for pas turage, but as other people's stock would get the benefit of the grass, the original land owner would derive no profit from this. "Timbermen hope to see more strin gent laws enacted by the Oregon legis lature next winter in order that the valuable timber of the state may be better protected from the ravages of fire. We had a good law passed two years ago, but Governor Chamberlain vetoed It, and thus worked an injus tice to the property-owners of the state. "Most of the timber destroyed in Co lumbia county was owned by eastern! men, but a large proportion was still In the hands of the original entrymen. The latter class of property-owners have in many instances' lost their all as a result of the carelessness of hunt ers and farmers. Hunters leave camp fires burning and the flames spread rapidly In the dry grass and under brush; farmers put fires In the slash ings to burn off little clearings, and the fire gets away from them into the ad jacent woods." Whether or not the American ship St. Nicholas, owned by George W. Hume & CO. of San Francisco, was Oregon or California state "soli" at the time Fisherman Grlmberg fell to his death from the mlcten top-gallantyard Is the question upon which hinges the case of Charlotte Grlmberg vs. the Co. lumbla River Packers' Association. Circuit Judge McBride will render his decision on the point this morning, and the case will be thrown out of court or continued before the Jury, as the decision may necessitate. Yesterday morning the plaintiff fin ished her evidence. Attorney 0. C Fulton, for the packers, moved for nonsuit, alleging, first, lack of evi dence for a cause of action: second, that the accident was due to the negli gence of the deceased or some other employe: third, that the accident oc curred without the boundary of the state of Oregon, and that the action for damages was not properly brought In this court. Arguments on the motion were then commenced. Attorneys Wlnton and Noland, representing Mrs. Grlmberg, contended that the action was prop erly brought here, for the reason that the ship was temporarily the property of the defendant corporation, which was, , therefore,, liable for damages. They admitted that the vessel was registered In California, but Insisted that the place of residence of her own ers and not the place of registry deter mined the question of the state to which she belonged and was part. Mr. Fulton contended that Hume & Co. had never surrendered the ship to the possession of the charterer; that the master of the vessel was employed by Hume A Co.. and that certain por tions of the vessel were excluded from the use of the charterer: that the ship could not be held to have been even the temporary property of the defend ant so long as certain parts of the vessel had been reserved for the San Francisco company. He argued that the vessel was! part of the state of Cal ifornia, and that the action should have been brought there, although this was now Impossible, because the statute of limitations prevented. Mr. Fulton said the Columbia River Packers' Associa tion could not be held accountable for the death of Grlmberg, for the reason that the vessel belonged to Hume & Co., who were necessarily responsible ; TROUBLE AT SEASIDE. County Commissioner Clark and Jak Callahan Involved. The following dispatch from Seaside appeared last night In the Telegram: County Commissioner Clark and "Jack" Callahan, a local salooninan, are slated to appear for trial here Mon day, on charges of disorderly conduct, the culmination of a shooting scrape In Callahan's saloon early Tuesday morn ing, when five shots were fired and no one hurt. It Is said the trouble arose over a woman. After the first shoot ing, the county commissioner was thrown out, after receiving a severe beating. Clarke then returned with a shotgun, and is alleged to have expressed the In tention of shooting Callahan "full of hole." The city marshal took his gun away and started him home. This was the last of a number of brawls which have resulted In a deter mination to "clean up" Seaside, and the place Is now In the throes of a moral revolution. Gambling was prohibited here after the Larry Sullivan shooting scrape and the burning of the old Grimes hotel. Tuesday evening a num ber of reputable cltUens met to con slder conditions, and It was at first resolved to run all objectionable char acters, men and women alike, nut of town: but better counsel prevailed, ami committee was selected to make preparations for the city election In November, which would result In pl tion of closed-town oltlcluls. Refused to Register. Telegram: Chester A. Whltemore, president of the lrwIn-Hodscn Print ing Company, and one of the best known traveling men In the northwest refused to register as a voter this morn Ing because he was required to state the name of the party with which he was affiliated. Mr. Whltemore applied for registration, but when Informed that he would have to tell his politics decided to have his name left off the books. This morning only it voters were registered. Ten of them were re publicans and the remaining one was a populist. What Is LlfeT In the last analysis nobody knows, but we do know that it is under strict law. Abuse that law even slightly, pain results. Irregular living means de rangement of the organs, resulting In constipation, headache or liver trouble. Dr. King's New Life Pills quickly ad justs this. It's gentle, yet thouogh. Only 25c at Chas. Rogers' drug store. Notice to taxpayers. The county board of equalization will convene at the county clerk's office on September 2(, 1904, and continue for ber rigging and for the safety of 'in session daily thereafter for a period the men employed aboard. 'of one week, for the purpose of pub- It was 8:30 last night before the at-Jlcly examining the assessment roll for torneys finished their arguments. Judge the year 1904 and correcting all errors McBride Immediately retired to study ; In valuation, description or quality of the case. He, stated that the point at land, lots or other property, and all! Issue was a very delicate legal prop-' Interests ft re notified to appear at the osltion and that upon Its settlement above time and place for the purpose j hinged the fate of the case. If he of lodging objections, If any there bo, decides this morning that the Columbia to said assessment. River Packers' Association was tern-1 T. S. CORNELIUS, porary owner of tho vessel under t'.ie Assessor of Clatsop County, Oregon, terms of the charter, the motion for Dated Astoria,. August !9. 1904. EZZZ HlllitllillliiiiiiiliifM BROWN'S w TOWN IJitlgeiijamiii5(J AAKER3MVyoRK Corrrcf Chtks fur Afw Go to Chicago or New York City, to Boston or St. Lours an J the stylish young men of today wear Die newand notby NUT BROWN Suite and Overcoats. Tho first shipment of these swell Hivwii'h in both single and double breasted sack suits have just arrived by express. Our price for IIicmj suits (IuiihI tailored) $22.50 HERMAN WISE Thi Reliable Clothier and Hatter. Kiujiiiiiiiiiniirinxxn murium Just Call For It! EbCIELO lO-CENt C 1 G A HOME MANUFACTURED BEST FOR THE MONEY The El Clelo Cigar may be had at any of the fol 'lowing places of business: THOS PETERSON D B. ALLEN JOHNSON A COOK P- S. KENNEV CHAS WESCtie CEO. CHUTTER CHAS OUEN FRED BROWN THE LOIVRE JOHN PINTTALA P. E. PETERSON The following East Astoria houses carry the CI Cieloi WILLIAM NYBERG ' ' CEO. LINDSTROM ' MRS. TYSON Manufactured by JOHN V. BURNS ASTORIA, OREGON SOME NEW ARRIVALS AT THE BEE HIVE I Latest Fall Coats We are showing the most sty lish and popular priced Ladles' and Misses' garments. Our Chll drens' Coats and Ladles' Jackets and Coats are correct In every, particular, both In style, material, finish and prices. Come and see them Childrens' Coats and Jackets 52.00 to 515.00 Ladles' Coats and Jackets . S2.50 to 125,00 Mill,inery Opening Next Wcck- Friday. September 30th, and Satur day, October 1st We will have on display a complete line of millinery, including "Gages" Fine Tailored Hats, New YorK and Chicago Hats and Hats of Our Own Creation. We promise the ladies of Astoria and vicinity the largest and most extensive up to-date millinery ever shown in Astoria. Remember the date, Friday, Sept. 30, and Saturday, Oct. I. Place, The BEE HIVE. You are invited. Another large shipment of ladies' laiter lade Suits x: "J . have just arrived. They are the latest, the workmanship is perfect, as well the style and las but,., not least the price is LOW. -. Just remember if you want to buy a Suit, Coat, JacKet, Dress Goods or Trimmings, that you can always bay them cheaper at THE BEE HIVE.'