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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Sept. 24, 1904)
PAGE EIGII1. ASTORIA, OREGON, SATURDAY, SEPTEMBER 24, 1904. DAMAGE SUIT THROWN OUT Nonsuit Is Granted by Circuit Judge McBride in Grimberg Action for $5,000. CHARTERER NOT TO BLAME Vessel on Which Accident Occur red Remained iu Possession of Owner, Who Was He. sponsible. Mrs. Charlotte . Grlmberg's $5000 damage suit was yesterday thrown out of court by Circuit Judge McBride, who granted Attorney Fulton's motion for non-suit In substance Judge Mc Bride ruled that the vessel remained in the possession of the owner, William D. Hume, and (hat the charterer, the Columbia River Packers' Association, was not responsible for the death of the husband of the plaintiff. In decid ing the case yesterday the court said: The defendant Columbia River Packers' Association is sued in this case for negligently causing the death of Emanuel Grimberg, who. It Is clalm- ed, met his death by reason of a de fective becket upon the mlzzen top gallantyard of the ship St. Nicholas while on a voyage from Xushagak riv er, Alaska, to Astoria, Ore. This action is brought under the laws of the state of Oregon, giving the personal repre sentatives of a deceased person a right of action for such death. It is con ceded that at common law no such ac tion existed and that, for the purposes of this case. It can not be maintained unless the ship upon which the injury occurred la to be deemed a part of 'the state of Oregon. "The tendency of the later decisions Is to hold that a ship owned In any state Is, while upon the high seas, a part of the soli of the state where the owner resides and subject to the sover eignty of the state the same as though she were actually within Its boundar ies. So the only question In this case is whether the circumstances disclosed In the pleadings and evidence, the ship St Nicholas, at the time of this ac cident was a ship belonging to the state of Oregon or a ship belonging to the state of California, it being conceded that if she was a ship belonging to the state of California, no recovery could be had in this action. "The evidence shows that this ship was owned by William V, Hume, a resident of San Francisco, Cal., and that by a charter-party, which was Intro duced in evidence, Hume leased or hired all the ship, excepting certain. reserved rooms, to the defendant cor poration for a voyage from San Fran cisco, Cal., with the option of touch ing at Astoria and Puget sound, to Kushagak river, Alaska, thence back again to Puget sound or Astoria, at the option of the charterer, defendant in this aetion, which port so chosen should be the end of the voyage. The contention of the plaintiff is that this charter makes the defendant corpora tion the owners of the ship St. Nicho las, pro haec vice, to the extent that she becomes . a ship belonging to the state of Oregon, and, therefore, sub ject to the sovereignty of the state 'of Oregon and to the operation of its laws while on the high seas, and ceas ing to be subject to the sovereignty of the state of California. ."Numerous decisions have been cited where, under certain circumstances, and for the uurposoof charging' the ship Itself for necessary supplies or tepalrs. It has been held that charter trs were owners. But these seem to proceed upon the theory of necessity and upon the ground that the actual owners of the ship must necessarily have had In contemplation the fact that a ship, In order to complete her voyage and carry out the purposes for which she was chartered, have sup plies and have siK'h repairs made from time to time as will enable her to do so. But I do not think that the de cisions go beyond this. In this case I can not consider this charter as an absolute leasing of the whole ship, or as an absolute turning over of the whole dominion of the ship to the de fendant corporation. Hume returned the use, for his captain, of the cap tain's cabin, the navigation or chart room and other portions of the ship necessary for the storage of her sails. He also covenanted to keep her safe, i stanch and sound while on the voy age which would be an impossible covenant If he turned over the entlie dominion of the vessel to the charterer. Where the actual owner retains the right to navigate, the ship, with the rieht of his agents to occupy some portion of the ship nnd covenants to keep her sound and stanch during the voyage, I do not think that there Is such transfer of the possession as would make the charterers owners of the ves sel, or transfer the sovereignty of the state where the actual owner resided to that of the state where the char terers reside, and that this ship can not, for the. purposes of this action, or for any purpose connected with It, be con sidered as a part of the soli of the state of Oregon, or subject to Its laws while on the high seas, and the plaint Iff. therefore, has no remedy In this state in this sort of an action. 1 think that the sovereignty of the ves sel is in the state of California, where t.te actual owner resided and where the vessel was registered -and where her home port was. If I had any doubt on this question I should feel disposed to overrule the motion for a nonsuit and allow the trial to proceed; but an ex amination of the authorities so thor oughly convinces me this Is a case that I am entirely without Jurisdiction to hear that I can not see how any good result could follow by prolonging the case. The motion for a nonsuit will be allowed." THREE SENT TO THE PEN Judge McBride Imposed Sen tences Yesterday Aggregat ing Fourteen Years. LONGTERM FOR HARRY HOGUE VESUVIUS AGAIN ACTIVE. Grot Stream of Lava Sent Forth, Threatening Damage. Naples, Sept. 23. Vesuvius Is grad ually becoming active. The crust around the crater has broken away. The eruption tonight was the most spec tacular In 10 years. A great stream of lava was discharged, threatening wide destruction. Modern Fishery Plant Seattle, Sept 23. The Craig Fish Products Company proposes to con struct a plant at or near Port Angeles, Wash., to cost $150,000. Machinery will be Installed for the abstraction of oils from fish and the manufacturing of fish fertilizer, and a modern saltery, ice and cold storage plant and a complete cannery and evaporating plant will be Installed. D. W. Craig is president of lencjr t0 highwaymen. The maximum the company. Ilijrhwnyiniui (Jets Ten Years, While Walter llttber (Jets Two and One half Years for Assault -" ,. Judge McBride yesterday pronounced penitentiary sentences aggregating 14 years, and if the court had been In position to resentence one of the pris oners he might have added a few years more to the total. The grand Jury re ported on four cases during the day, and the three prisoners Indicted were Immediately arraigned In court The three men Indicted were Harry Hogue, held for highway robbery; Walter Hu ber. held for criminal assault upo" Pearl llldwell. and Henry Miller, charged with having obtained money under false pretenses, A fourth man. George Hansen, was not Indicted. He had been arrested for seduction on complaint of Alfrlda Lorntsen. Huber Is a cripple and but 20 years of age. Like a number of other young men. he had been devoting much of his time to little girls, of whom many are permitted to run the streets. When Huber was brought Into court Judge McBride asked him whether or not he desired to secure at atorney. He made a negative reply. The court then passed sentence. He said that, if the prisoner were a man of mature years, he would feel disposed to impose the maximum penalty fixed by taw, but that in consideration of Huber t youth, he would sentence him to Imprisonment for two and one-half years. "What! for that?" exclaimed Huber. A look of unmistakable anger came over Judge McBrlde's features, and his plance at the prisoner was full of meaning. However, the court said nothing to the cripple, and a few mo ments later the prisoner was returned to the county Jail by Sheriff Llnvllle. Harry Hogue, highwayman, received a penitentiary sentence or 10 years. Hogue Is the man who held up L. Lar son some months ago and relieved him of his watch and a small sum of money. Hogue pleaded guilty yesterday. He explained to the court that he had never before ben In trouble, and that a letter from his mother urging him to return home had prompted him to em ploy desperate means to secure the necessary money. He asked the court to be lenient In passing sentence Judge McBride referred to the frequency of crlir.es of the kind, and expressed the conviction that most highwaymen were at least murderers at heart. The court stated that any man who would'draw a gun on another would be apt to use it, and he thought it inadvisable to show len last prisoners were , taken , to Salem night. v The grand Jury has not yet reported on the case of the Pay lor boys, arrest ed for robbery. The men are being held at the county Jull, DYNAMITE KILLS TWO. Freight Train Runs Into Wagon Load ed With Explosive, , Cumberland, -W. Viu. Sept 23. A fust freight on the Baltimore & Ohio struck a wagon loaded with "5 pounds of dynamite at North Branch today. Two -trainmen were killed nnd nine persons injured, thrte seriously. The driver of the wagon escaped Injury, ex cept a rupture of the ear drums. The horses were unhurt, although they were thrown over a fence. Several small buildings, a locomotive and sev eral cars were demolished. Windows half a mile away were shattered. Washington Canton Wins Prize. San Francisco, 8epl. 23. The sover eign grand lodge of Odd Fellows com- l ifted most of Its business today. Noth ing remains but the Irnlullutlon of of ficers tomorrow. The announcement of the winners of the rnsh prize drills for cantons was made tonight. The prize of $1000 was won by Washington D. C.) canton. Belllngham Mill Burned. Belltngham. Sept. 23. The tllobe Lumber Company's lumber mill was destroyed by fire at midnight, with u lost of $45,000 and Insurance of tiff, 000. The origin of the blase la a mys tery. . The mill was the first large lumber plant built on Belllngham bay and was a landmark. Fire at Port Angsltt Mill. Port Angeles, Rept. 23. Fire origin ating In a dry kiln at the Port Angeles Shingle & Lumber Company's mill de stroyed the kiln and shingle mill today. Three cars of lumber for the deck of the battleship Nebraska were burned. The loss Is $13,000; Insurance, 34000. Cruisers Go to Port Said. Suez, Sept. 23. The Russian volun teer cruisers Smolensk and St Peters burg arrived today. They entered the canal bound for Port 8ald, after re celvlng a communication from the Russian consul. Report Without Foundation. Venice, Sept. 23. The report pub lished In the United States by a news agency that an attempt was made to assassinate Don Cailos, the Spanish pretender, Is without foundation. What Is LlfoT 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. Lewis snd Clark Day Observed. St Louis, Sept. 23. This being the anniversary of the return to St. Louis of the Lewis and Clark expedition In 1S06, Lewis and Clark day was ob served at the world's fair today. The exercises were held at the Oregon pavilion. Notice to taxpayers. The county board of equalization will convene at the county clerk's office on September 2(, 1904, and continue In session dally thereafter for a period of one week,, for the purpose of pub licly examining the assessment roll for penalty Is 20 years, but perhaps be- the year 1904 and correcting all errors wmntii tTimifitntUTT XUlXIXXXUmnxHIXXXXl BROWN E in TOWN IjlfWgeijjainiiisI? MAKERS MEVyRK CtrmtCblbeshrNcn (Jo to Chicago or New York Cily, to Huston or St. Louin and the stylish young men of today wear the iwwaml nobby NUT BROWN SuiU nnd Overcoat. The first tthipniont of Uiwj swell Hruwn'tf in both single and doublo breasted uk mii's have just arrived by express. Our price for these suiis (bund inilr d) $22.50 HERMAN WISE The Reliable Clothier and Hatter. HiiMiiTTiunimiixxixx rxnxxj cause of Hogue's yo-ith the court sen tenced him to 10 years. Henry Miller had secured a sum of money by cashing a bogus check.. He also pleaded guilty, saying that he was intoxicated when the cilme w.is com mitted. Judge McBride dealt lenient ly with him and sentenced him to IS months' Imprisonment. The three In valuation, description or quality of land, lots or other property, and all Interests are notified to appear at the above time and place for the purpose of lodging objections, If any there be, to said assessment, T. 8. CORNELIUS, Assessor of Clatsop County, Oregon. Dated Astoria, August 29. 1904. ust Call For It! ELCIELO IO-CENT CIO A R HOME MANUFACTURED BEST FOR THE MONEY The El Cielo Cigar may be had at any of the fol lowing places of business: THOS PETERSON D. B. ALLEN JOHNSON A COOK P- i. KENNEY ' CHAS WESCHE CEO. CHUTTER CHAS. OLSEN FRED BROWN THE LOUVRE JOHN MNTTALA P. E. PETERSON The following Cast Astoria houses carry the El Cielot ' WILLIAM NYBERG GEO. LINDSTROM MRS. TYSON Manufactured by JOHN V. BURNS ASTORIA, OREGON 1 SOME NEW ARRIVALS AT THE BEE HIVE latest Fall Coats We ore showing the most sty lish and popular priced Ladles' and Misses garments. Our Chll dretis' 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 15.00 Ladies' Coats and Jackets Millinery Opening Next Week 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. f Remember the date, Friday, Sept. 30, and Saturday, Oct. I. Place, The BEE HIVE. You are Invited. Another large shipment of ladies9 falter lade Suits have just arrived. ' They are the latest, the workmanship is perfect, as Well the style and last but not least the price is LOW. - - Just remember if yon Want to buy a Suit, Coat, jacKet, Dress Goods or Trimmings, that yon can always boy them cheaper at THE BEE HIVE. r S2.50 to S25.00