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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Nov. 24, 1905)
4 THE . MORNING AS TORIAN. ASTORIA. OREGON. FRIDAY, NOVEMBER 14, 1903. 1 LABUAN FROM JAPAN British Tramp Has a Stormy Pa$ j sae Over. . TATOOSH DUE BACK HERE mi High Tide for the Next Fire Days Will Dissipate Bar Bound Fleet Fog Still Hangs on the Hirer Waterfront Hews from Many Sources, The British steamship I-almun. Cap tain J. T. Gardner on the bridge was the sole etesmer to cross in over the Co lumbia bar yesterday. She i twenty ' fire days out from Moji and is in water ballast She carries a full crew of Las cars, and found a stowaway on board as soon as slie reached deep water on the way out. He is a Japanese and will be jailed at Tortland during her stay there, and will be compelled to work his way back to his native land. The La buan had a rough trip every knot she made on the voyage. She met a suc cession of gales that seemed endless and they only left her 48 hours ago. She had the St. Elmo fine at her mastheads for five nights and days handrunning and every other phase of storm conditions. She will load foodstuffs for the Far East and have quick dispatch out again. She went directly to the metropolis. Hew French Line. A line of French tramp steamers is about to run along the Pacific coast, calling in at San Francisco. The steam ers will sail from Havre and take in all porta along the route to China and Ja pan via the Suez. From the Orient the line will extend to this port and then along the Mexican, Central and South American coasts. The first steamer is the French steamer Admiral Jauregui berry, which is now 24 days out from Kobe for this port The steamers have a carrying capacity of about Art thou- sand tons each. r THE Grandest Of Finely tailored suits and coats were opened up in Astoria, now on display in our ready to wear department. Our buyer has just returned from Portland where he has been to meet representatives of several eastern manufacturers, while there he ran across the greatest bargain that ever came our way. We Purchased at Oec-T . The entire sample lines of three large eastern Coat and Suit manufacturers comprising more than two hundred garment on our bargain counter just s they were bought, at one-third lest than the regular price. In the choosing there's a style and size in all the leading shades. Plenty for all. Coats, Children's Skirts at One-Tmrc Miss this sale and you're passing op tory of Astoria Merchandising. THE FOARD ft . WHERE THE HEW THINGS FLOATSAM AND JETSAM. The powerful sea tug Dauntless in tied up at the 0. R. Sc. X. pier these days, waiting the favorable moment for crowing the bar with her San Frat- civo tow, the bark Roderick Dim. The handsome British ship Durbridge arrived down yesterday afternoon on the Harvest Queen' towline and went to an anchor in the lower bay. She i Uufilcd with grain for Euro;. Inspectors Holies and Edwards, of hulls and boilers, are in the city over hauling the local steam craft on fire equipment and service. They inspected the Callender fleet yesterday, including th Cruiser, Melville, Vanguard, and Jordan, and also th Yoshurg and Wal- lu la. The steamship Columbia did not get down from Tort laud until 5 o'clock p. hi yesterday, owing to fogs. She left out for San Francisco, last night.. The French Iwrk Brisnsau has arriv ed in the lower harbor from Portland. She came down under tow of the Okla- hama and will leave out for Europe, at the earliest possible moment. The British ship Klytheswood and the French ship Alice Marie, left up for Portland, yesterday afternoon, on either bow of the Harvest Queen. The four-malted schooner Expansion was towed to the lower harbor yester day. Captain Jensen has decided to make another voyage to Cloverdale. on the Xestueea, in the 14-ton Al steamer Del- la. He will get away tomorrow if he can get cargo aboard in season. The steamer Homer came down at mset yesterday evening from Portland, en route to San Francisco. The American ship Henry Villard is about ready for sea, at Portland, and will leave down todav or tomorrow. The steamship Olympia is waiting for jtha nine foot tides to get over the bar on, today or tomorrow. She has been bar bound a week. Collection hwd Off Coats, Rain Suits and -t - the greatest event within the Ida. STOKES CO. ASS FIRST INTRODUCED. Off There are six ships, two barkentines, and four schooners in the lower bay, awaiting favorable bar conditions for crossing out to sea. The schooner Jennie Wand is loading lumber at the Tongue Point mills, for La Pas, at the head of the Culf of California, on the Mexican coast. The oil tank steamer Rosecrans came down from Portland la-st evening and will leave out for California today with her tow, the oil barge Monterer. The new launch Companion, from Blind Slough, while trying to make a landing at Fisher's dock slip, yesterday, smashed into the tug (J. V. Vosburg, and broke some of her (the Com pan ion si windows, and put some 01 her housing out of plumb. R. M. Leathers is buy fixing up the launch Betty from the effects of her late scorching. She will soon be out of the yard; then he will enter upon the overhauling of the North Star. The 1. 111 line was one hour Itchind last night but got away, with good business aml Mow uirs for Portland, at 0 o'clock. The bar tug Tatoosh is liable to cross in today, towing one of the square rig gers, uow standing otf the Columbia bur. The Bardowie, lvergary, Kskas onia and Crilloii; or she may pick up the barkeiitine, John Meyer, or the four nutted schooner Ocorgina: The "Tat" is due home from Seattle, aud Astoria will be glad to see her again. The ship C. F. Sargent and the bark Harry Morse, now at Clifton, will be taken to Portland very shortly for thor ough overhauling in the drydock there, the contract having been closed by their owner Ceo. E. Plummer, of San Fran cisco. Both vessels are under charter for lumber delivery in New York, and this work is preparatory for these en gagements. Today sees the heaviest run of tides for the season. The flood will run to 9.0 feet on Sunday, Monday, and Tues day, and if weather conditions aud bar stages permit the tie-up on the outgoing fleet should be broken, and during the next five days they should all get away. What i the good of howling for the Tatoosh to help the Wallula clear the bar-bhskade nf in the lower harbor! The Wallula can do anything the Ta toosh can do on the bar or on either side of it. The bar itself is re-pon!- Me for the holdup. If the Tatoosh was here she could not do anything until the bar was in workable shape. And she will be here in good season to move the ves sels now anchored inside. There is not a bur on the Pacific coast better equip ped with tug and pilot service than the Columbia river bar and no Astoria pa per should lead in a cry against it. Even a bar tug has to be overhauled once in a while. CHARGED OF USING MAILS WITH INTENT TO DEFRAUD, San Francisco Lawyers Is Sentenced to San Quentin for Year and Half in Federal Court. San Francisco, Nov. 23. Geo. V. Howe, an attorney convicted of using the United States mails with intent to defraud, was sentenced to pay a fine ot $100 and sene eighteen months in San Oucntin prison, bv .Judge Dellaven of the United States District Court to day. The offense consisted of using the mails to promote the sale of the stock of the Y'ales Cold Mining Company. V. C. VanXatten, of Walla Valla was the principal witness against the accused. Best Liniment on Earth. Henry D. Baldwin, Supt City Water Works, Shullsburg, Wis. writes: "I have tried many kinds of lini ment, but I have never received much benefit until I used Ballard's Bnow Lini ment for rheumatism and pains. I think it the best liniment on earth." 25c, 50c, and $1.00. - Bold by Hart's drug store. ROBBERS BLOW P0STOFFICE SAFE AND BURN BUILDING. Clifton City, Mo., Nov. 23.-The post- office was robbed and burned today. The safe waa blown open and looted and the building destroyed. The amount of booty is not known. Chapped Hands. Wash your hands with warm water, dry with a towel and apply Chamber Iain's Salve just before going to beJ, and a speedy cure is certain. This salve is also unequalled for skin dis eases. For sale by Frank Ilart and leading druggists. DIKE LAW SCRUTINY Elaborate Opinion Filed by the District Attorney. COUNTY COURT ASKED FOR IT Mr. Alien Hat Much to Say la Regard To the Law that Is of Definite Inter est to Many Doe Not Approve All Ita Provisions His Ideas in Detail About one month ago. lion. .1. Q. A, llowlby, acting for the owners of about 2000 acres of tide-lands in the Young's Hay district, applied to the Hon. Coun ty lourt of Clatsop Count v. for the making of certain levies and the col levuoii vi 1 ne subsequent ta, iiihiii the- projierties in fohalf of the legal establishment of a dikiim district in that section ; and the County Court, in leferemv to the mooted isucs natural ly arising from the initial application of a new and untried law, referred the matter to District Attorney Harrison Allen for his opinion upon certain phas es of the law. That opinion, in full. Is published herewith, and will be read with marked interest by many: Astoiia, Oregon, Nov. 23, l!H)5. To the Honorable Count v Court of Clat sop County, Oregon. tientlemen: In answer to your re quest for my opinion as to whether the County Court has authority to make and enforce the necessary tax levies and collections for the construction of dikes under the Pike District law, and whether any liability thereunder would be construed County indebtedness m as to be subject to Constitutional prohi bition, 1 have the following to sayt I have carefully examined the provis ions of Dike District law, (Sections 4W4 to 4tW! inclusive, Bellinger and Cotton's Code.) and the amendment thereto, (pages 328 to 331, Session laws of 190.1), and by the terms of the same the County Court is authorised, ujMin petition of one half or more of the beeCsUhive The Bee Hive is displaying the newest creations in the very latest Millinery Models The short front belt with the high back. It is early, the winter is yet be fore us. So you csn rejoice at our prices. Every trimmed hat reduced. Every street hat reduced 1-3. Cravenette Coats Rale this week of ladies' ette coats. cravan- 120,00 Coats to $17.00 17.50 Coats to 15.00 15.00 Coats to 13.00 We have on hand many handsome garments. If you want one now Is your time. Jvg X3he owners of land in the proposed Diking District to form such District for the purpose of improving, by diking damming lands which are included in the districts which are subject to over now. 'Nations step necessary to be taken are designated in the statute in eluding the appointment of certain view ers, "to view out th promised dikes and dams, along the most practicable route to accomplish the object desired at the lest posnlhle cost and expense (Section 4tW4 to 4tW0 inclusive, II. 4 code and amendment of 1X0.1). By section 4(W7 of the Csle, the rou tine of procedure shall he "as far practicable, that for the survey, Iocs tion and establishment of county roads,1 and by said section, the surveyor and viewers -hall meet, trace upon the ground the line of the dikes and dams, shall designate the width of the righ of way through which the dikes and lams Khali pass, shall detlne the Isuin darica of t lie district, making a list 01 the land owners therein and decr!ti tion of the legal sub divisions, plans ami esuiiiaie 01 me eoi or dikes and dams, etc. My S et ion 4tW!, it U provided that the County Court shall apimrtion the estimated cot of the dikes and lams among the land owners of th district "in proportion to the valuation of the lands therein, according to the estimated value which shall Its placed upon reective tracts by the viewers," the cost to lie taxed upon the land anil placed iimiii the assessment roll, and to I collected as county taxes, and the moneys no collected to be paid to tike County Treasurer and by him brld as a special fund for the credit of the dik ing district, to be paid out as warrants on such special fund. Section 4ii!K) provide, that when the tax has been collected or the applica tion filed, the County Court shall adver tise for bids on the proposed work ae cording to the plans and estimate of the viewers, and that the court may tmslify he plan so as to bring the cost of the work within the tax levy, "if such modi flea tion can be made without detriment to the improvement." and said section Iso provides that the owner of any tract whoe assessment equals 3o.uo tnny file an application to pay his as sessment in Ave annual installments with interest. lly section 4tl(), the County Court ! authorized to sppoint a superintendent of dikes, at such a salary as the County Court shall determine, giving I lie us-r- intendent certain powers, his salary and lulstr biie to be also paid by annual tax levies. isccuon soir; pro lues an mils against the district shall lie, after ap prnvsl by the County Court, paid by warrants drawn upon the fund of the district tiMin deMsit with the County treasurer, ami thai all warrants so Irawn shall be receivable as taxes due on account of I lie fund, and that "the warrants shall be subject to the same regulations with reference to payment and interest ss sre warrants drawn up on the general fund of the County." Then follows provisions for the pay ment of damages to owners aggrieved by the establishment of dikes, anil for dikif which la)ve already been) con structed to lie iin Imlcil in the Districts. In my opinion there is grave doubt as to the siiflicii ncy of thin law In sev eral resjM-cts, a few of which will sullice to state. Firt, It is a well known fact that in the construction of dikes it is necessary not only to condemn the lands actually occupied by the dike itself, but also to acquire from adjacent lands suf ficient material for the construction of the dike. There Is no provision in the law authorizing the condemnation of the land adjacent to such space so occu pied by the dike, or for the acquiring of the nccessHiv material for the con struction of the dike from such adjacent lands. The right to construct a dike usm a given space, is of course, worth less without tlin right to acquire mate rial with which to build it. Second : Tlie law requires the County to enter into the contract in the name of the County, also requires the Coun ty Court to audit all claims for the work; provides that the Court may even enter Into a contract for the ex penditure of more money than the tax levy ,in certain instances, further pro vides that the warrants shall be drawn in the name of the County upon the special fund of the District, also that those assessed may pay their assess ments In installments within five years. The Supreme Court of Oregon has decided in two cases that where a muni cipal corporation undertakes a public Improvement, the cost of which Is to be defrayed by a special assessment upon an improvement district, and that the contractor shall be paid in . warrants drawn upon the special improvement fund, that if the municipal corporation failed within a reasonable time to sup ply the special fund with the necessary cash to pay such warrants, an action for damages may be maintained aguinst the County on the special fund warrants and judgment had for the amount with interest. See! - Commercial National Bank, vs. Portland) 24 Die. IH, "Utile vs. 1'orllandi Xtt Ore. 233. Such judgment are payable out of the general fund of the municipality the insurer of the payment of the spec iul fund wairanta. Taking into cousidciatlon el-o, the tie cision of the Supreme Court in 'Hilx rt al. vs. Clatsop County," HO lVillo ttoO, and the piovisions of the Diking law, which we are discussing, it is my opinion) that by entering into a contract to con struct dikes under such law, the Coun ty Coil it pledgea the cirdit of the Colin ty to the payment of the obligation In clined by th construction of the dike, and guarantees that the County will collect, and place In the special fund, a sufliclent sum to pay the ronti actor. There is no provision in the law that the contractor shall take his pay in in stallments or shall lisik solely to th sjs'clal fund, ami, even If there was, 11 fi ler the decision above quoted, th County must see to it that the money U iillected. All that the County I unable to collect must mine from some other source. There Is no provision suthoi be ing the County to acquire it in any way except to take it from the general fund, which Is acquired bv general taxation. The County theiefore, under the author ity of the Brix raw, incur a debt when it execute the dike contract. The County being In debt over the consti tutional limited is unsafe for (J County Court to undertake the con struction of the dike at the present time. For the reason sbove slated) First, tlie tack of power of condemnation) and second, constitutional limit of Indebted ness, in my opinion it I unsafe for th County to attempt to construct tbei likes in question. HAKMSON Al.l.K.V, District Attorney. MRS. F. J. KENNEDY DEAD. I he death of Mr. Sarah Kenm-dy, wife of h. J. Kennedy of Hkamukswa, who died at her home tlirrs Wednesday night, after a short illue. Heart di sease was the cause of death. She wa horn in Ireland aud u (18 yesis of land for Interment. The k of in teamer .Ionian wa half masted Out of respect to Mrs, Kennedy. CHURCH SALE. The ladies of St. Mary' ( at i-lin church will open a sale of useful ami aucv alticle. at the store room funn ily occupied by Chss. Heilborn & Co, beginning st 2 o'chs k Saturdsy, (tomor row) afternoon and continuing through he evening. I'efreshmenl will lie serv It will wssh and not rub off This complexion all envy me, It's no secret so 1'U tell Tske thou Rocky Mountain Tea. Sold by Frank Hart. HOLIDAY SHOWINGS greater assortment for Xm '05 lian ever beore. In order to show Item all in the limited time, we change our window displays twice a week. This eck stationery, athletic good and hooks (23 and 33 cent series) will Is shown. It will pay you to watch our Indows merely for the suggestions 4 they oiler. J. N. Griffin 600ES STATIONERY MUSIC That's what the The Ball Band Brand goods are made from; and we carry a complete line, too. Also the best in ladies, men and children's shoes. S. A. GIMRE, 543 Bond Street 0pp. Ross Rigglna It Co.