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.