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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
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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
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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
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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'
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drens' Coats and Ladles' Jackets
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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.
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Another large shipment of
ladies' laiter
lade Suits
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