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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (July 12, 1906)
THURSDAY, JULY is, lood.
SPECIAL SALE OF TWO-PIECE
Attorney General Hands Down
Fish Trap Opinion.
Rumored Sale of Redondo to Sim
pson Lumber Company. ,
AND OUTING bUllb
THE MORNING ASTORIAN, ASTORIA, OREGON.
STATE MUST ISSUE LICENSES
According to the Opinion of Attorney'
General Crawford SUte Cannot
t Refuse License to Thote
Applying For It
In answer to a request of State Fih
-Warden Van Dusen, Attorney-Genera)
Crawford yesterday handed down the
following opinion relative to the war
den's right to refuse license for four
traps near Gross and Snag Islands:
Salem. On?., June 29. 1906.
11 G. Van Duen, Fish Wardens
Dear Sir: Your favor of the 26th
inst- with enclosures, U received. Also
the letter from H. M. Lorntsen, secretary
of the Columbia River Fishermen's Pro
tective Union, of date June 14, was
awaiting me upon my return from
Eastern Oregon few days since enclos
ing a copy of the opinion of Judge Mil
ler, rendered January 1, 1809, at Kalama.
Wash., and a copy of the opinion of
Judge McBride in the case of Warren et
al vs. Service, rendered in June. 1395.
both upon the right of the public to fish
in navigable waters.
I have examined the opinions above
referred to. together with the authorities
cited therein, and am of the opinion that
the right to fUh in navigable side waters
is common to all citizens and cannot be
usurped by any person or persons to the
detriment of the public in general.
Judge McBride, in his decision above
referred to, lays down the rule as fol
lows: . -
The right of fishing in navigable tide
waters is common and public to every
one: Arnold vs. Handy, 1 Halstead;
Martin ys. Waddel 16 Peters, 400;
Parker vs. Cutter, 20 Maine 333; Gould
on Waters, chapter 1. The same authori
ties hold that such common right of fish
ing extends to tide fiats which are owned
by private parties. And in a well con
sidered case which "has never been ques
tioned, it was held that the public had a
right to enter upon such tide flats at low
water when they were bare to dig clams;
Porter vs. Sheehan, 7 Gray 433. So there
can 'be no question about the right of
plaintiffs, in common' with the' rest of
the public, to enter upon these waters
to drag seines or other movable nets
across them and take fish, from them.
"The state holds such lands in trust
for the people and a grant of tide lands
will not be construed to give to the
grantee a right to exclude the public
from its common right to fish in the
waters covering them. Gould on Waters,
"It is contended that a fish trap is a
customary mode of fishing and therefore
permissible, but in my opinion it is only
permissible where it does not interfere
with other people's common right to fish
or where it is not objected to, or pos
sibly where it has been maintained for a
period equal to that prescribed for limi
tation of -actions concerning real prop
erty." Judge Miller's decision is to the game
effect, and is supported also by the case
of Morris yg. Graham, 18 Washington
343. Therefore, it is my opinion that
Are you acquainted with it? The
most of you are. All of you should
of course! The greatest bargain
ever offered to the Astoria housewife
FOARD & STOKES CO.
t ; j v t.
HILONIAN DUE DOWN TODAY
Second Portland Hawaiian Line Re
ported Echo Leavea For Australia
Yosemite Goes to Bay City
The U. S. Civil Service Commission an
nounce an examination on August 13.
1906, to secure elibgibles from which-to
make certification to fill a vaeancy in
the position of fireman, at wuo per
annum, in the Customs Service at the
port of Astoria, Oregon, on the launch
Patrol, and vacancies-as Ihey may occur
in that service there requiring similar
qualification. No educational test will
be given and it will not be neceary
for applicants to appear at any place
for examnation. Age "lmit "20 years
or over on the date , of examination.
Persons named, iu the application as
references will " be communicated with.
Cnles answer are received from these
fish traps cannot lawfully be maintained
within navigable waters to the exclusion
of other fishenuen. .
Ai to the question of the fish warden
refusing to. ua a license to a person
desiring to maintain and operate a fish
trap in, navigable waters to the exclus
ion of the public in the exercise of its
common right of fishery, I find no au
thority for such refusal. Section 4093
of Bellinger and Cotton's compilation, as
amended by section 2. chapter 58, page
168. general laws of 1905, provides that
any person, who is a citizen ef the
United States, or who has declared his
intention to become such, and is a resi
dent of the State of Oregon, or of the
States of Washington or Idaho, desiring
to engage in the business of operating a
fish trap, etc., shall make application in
writing to the fish warden of said state,
specifying withconvenient certainty the
character of the appliance that the ap
plicant' desires to obtain license for and
the location if for a stationary appli
ance, and upon payment of a license fee
as hereinafter provided, said fish war
den, shall issue to such, applicant a li
cense to operate the character of the ap
pliance desired in said application."
You will notice, that no discretion is
given the' master fish warden upon the
receipt of such application, but he is re
quired to issue the licence upon com
pliance of the applicant with the re
quirements of said section. The supreme
court of this state has held that any
pejson who has brought himself within
the requirements of the statute provid
ing for a license is entitled to the license:
Trainer vs. Multnomah County, 2 Oregon
214; McLeod vs. Scott, 21 Oregon 94,
106. It would, therefore, seem that it is
a matter for the courts to decide wheth
er the person receiving the license is, in
fact, not interfering with the common
right of the public in the waters where
such trap is maintained, -and that the
fish warden cannot refuse to issue the
license when the applicant has brought
himself within the requirements of the
statute. Very respectfully yours,
A. M. CRAWFORD,
vrf L V
person within three weeks from the
date of sending the communication, the
application will not be accepted for the
particular vacancy for which this exam
ination is to be httd. but if received
within six weeks it will be considered
foi' any vacancy which may arise in
the future requiring simitar qualifica
tions. The application of those persons
whoe references fail to answer within
six weeks will be canceled.
The steamship Hilonian left Portland
lat evening for Honolulu and Hilo with
several hundred tons of local freight
and some few passengers for the Hands.
This is the first venture of the Matson
Navigation Company out of that port
for the islands, and it is hoped that by
the next visit of the vessel to that port,
which will be about the latter part of the
month, the local merchants will have
enough trade with the islands to give
the craft a fair cargo. On the present
outward voyage the Hilonian takes
about 500 tons of freight from Portland,
which is practically all she carried as she
came up from San Francisco with a car
go consigned to merchants there and the
outward cargo consists of what the Port
land firms are shipping to the islands.
This consists of lumber and flour in
the greater part, but on the next trip
the vessel will probably receive much
more for the islands.
Notice to Mariners.
British Columbia Admiral Island-
Ganges harbor Horda rock Buoy
changed. Referring to Notice to Mar
inera No. 38 (1041) of 1901, the Canadian
Government has given notice that the
black steel can buoy marking Horda
rock. Ganges harbor, British Columbia,
has been replaced by a platform buoy,
with slat work pyramid surmounted by
a lattice drum, the whole painted black.
Approximate position on H. 0. chart
No. 1769, latitude 48 deg.-50 min. 06 sec.
N., longitude 123 deg. 25 min. 00 sec. W.
Vancouver Island Strait of Georgia
Pylades channel False narrows Bea
cons replaced by buoys. Referring to
Notice to Mariners No. 28 (581) of 1897,
the Canadian Government has given no
tice that the three single pile beacons
formerly marking the channel in False
'narrows, between Pylades and North
umberland ehannels, Vancouver Inland,
having disappeared, three red wooden
spar buoys have been mored in their
Yesterday's Oregonian contains the
following cheerful announcement: "The!
announcement yesterday of the Charles
F. Beebe Company, local agents of the
American-Hawaiian Steamship Company
that th vessels of this company would
call at Portland in the future is of es
pecial significance since the arrival of
the Matson Navigation Company's liner
Hilonian, for it Indicates that there is to
be competition in the matter of securing
local trade with the islands. The American-Hawaiian
Company operates a line
of steamships between New York and
San Francisco, and from the latter port
the Eastern consignments are sent to
the islands via smaller vessels of the
company's fleet, and it is the intention
of the operators to have these smaller
vessels make Portland a port of call in
the future, and this will be kept up as
long as the trade warrants the sending
of the vessels to this port."
It is rumored in this city that the fine
coast steamer Redondo has been pur
chased by the Simpson Lumber Com
pany, at Knappton. The final terms have
yet to be closed. 8he will be put on the
San Francisco-Coos Bay run immediately
the deal is accomplished.
, W. A. Lynch, chief engineer of the
steamer Sue H. Elmore, has beeome a
Beginning Monday, July 9, wc will sell every two-piece
suit in our store at prices that will be sure to move them.
There are some seventy odd suits, everyone new and up-to-the-minute
in point of style. They must all be sold
$6.oo, $7.00, $7.50 $8.75 $9o $9.85
See Our Windows. Get in the game and save one-half
Astoria n. having moved hN entire fam
ily here from Tillamook City, with the
intention of eliding here permanently.
The flue new steamer Yosemite came
down the river early yesterday morning
and after a few hours' stay at the Cal
ender pier went to sea and San Fran
cisco. The steamer Noyo came down from
Portland yesterday and spent nearly
the whole day here at the Elmore pier
trying to secure a fireman. She left out
yesterday afternoon late. ,
Captain Reed and the bar tug Wallula
went to Knappton yesterday and took the
fine barkentine Echo to tea and gave her
an otling for Sydney, Australia.
The steamer Sue H. EUnore srrived in
from Tillamook City at noon yesterday
with a good passenger list and a hold
full of merchandise.
Saman' Friend Society Board Called
, For Friday.
The official board of the Seaman's
Friend Society will meet on Friday even
ing at 8 o'clock in R. M. Gaston's offlcc.
corner Fourteenth and Bond streets. A
full board is looked, for, as important
mater is to be decided on. The time ha
now arrived for a decisive move to be
made in the direction of securing the lot,
and to lay the foundation of the Sea
men's Institute, along with the other
great enterprises which promises, to
make Astoria a city of the first order.
With the present board of lending busi
ness and professional men, much is hoped
for, and the Seamen's and Fihermen's
Institute will stand as a beacon to the
tired and weary mariner, and a testi
mony to the world of Astoria's spirit of
benevolence and humanity.
Morning Astorian, C5 cents per month,
delivered by carrier.
Jy 13 he gy'.
THE KIND THAT GIVES ABSOLUTE SATISFACTION. WE LIKE
TO SELL LOTS OF GOODS, BUT WE LIKE BETTER TO HAVE
YOU COME AGAIN AND THE ONLY WAY IS TO SEE THAT
YOU GET SATISFACTION! THAT IS THE AIM OF THE BIG
STORE. OUR UNDERWEAR IS SOFT, DURABLE, COMFORTABLE,
' Sleeveless, 5-7-10 to 80
Wing sleeves, 10-12 25
Long sleeves, summer
weight, 25 and 43 cents.
Pants, lace trimmed to
Union suits (combination
garment), 60 cents
Light weight wool, long
sleeves, 75 cents gar
meat. One grade, sleeveless
vest, exceptionally fine
''l a -
wool.....' ...DO cents
i LACE HOSE.
EMBROIDERED HOSE... .........
, BALBRJGGAN .
LIGHT WEIGHT WOOL...
Confidence Is Our Greatest
0 PISS0RA1 MENTION. 0
00000000000 00 0000
G. .1. Vonk and wife of Seattle' ar in
K. J. Arnold i in the city, from
J. II. Juhiiiisen went up to Mayger
yet rday morning.
Geo. A. l'atton of Portlaud spent the
day here yesterday.
N. W. Bloomfield of Portland was here
on business yesterday.
J. K, Rose of Denver was doing busi
ness in Astoria yesterday,
A. C Reese of Portland was a business
visitor in Astoria yesterday.
P. M. Vilas of New York Is In the
II A. Pierce of San Francis spent tb !
uy In asvoiih ymemnjr u mw .
Pat Gallsaher was passenger for the I
metropolis on ye.te day . 80 F;t w, t u w, M
Lee Sungerman of The Dalles was a , jL , .
biilnes. soloumer in Astoria yesterday. " S
Hon. Amu Brix was a Portland pas
seiiger on th. morning express yester
day. Mr. and Mrs. J. J. I'Ulnger are home
from their bridal tour of the Sound
W. O. Stuart of Chicago was among
the arrivals here yesterday on the noon
Deputy Sheriff A. L. Anderson spent
the day in Portland yesterday returning
Mr. and Mr.. W. II. Tipton of Walla
Walla, are in the city and domiciled at
Mr. M. J. Fox departed yesterday
morning for Pullman. Wash,, on tlu
Captain Bailey of the Tatoosh came
down from Portland on the noon train
Mrs. W. R. McBcth, who ha leen
quite ill at St. Mary's hospital, for some
weeks is Improving steadily.
Mr. and Mrs. C. W. nalderman have
returned from Yaquina Bay and will
soon be at home to their friends.
Deputy State Warden Herman Web-
.50 CENTS GARMENT
85 CEtS GARMENT
iter left yesterday evening for Oregon
City after a brief vl-it in this cily.
W. Miller left for his Portland home
yesterdity morning after a pleasant three
day visit with his son. K. l..MUIr.
Mr. Heymour H. Boll of Ontario, Ore
accompanied by her son, Albert, U la
the city Molting hcr mother, Mrs. Kasta
brook. Captain and Mrs. .1. A. Brown ram
dimn from Portland yesterday to U in
attendance at the funera of the 1st
Ml. Alk Wright.
Malcom Barker left for Denver on last
evening's express. He go to atUnd
the Klk grand lodge there, as the repre
sentative of the Astoria "herd".
Mr. and Mr. J. N. Law wilt soon be
at hoina to their friend at their near
domicile In the Fulton cottage on Grand
,vcnu " -t of Eleventh street.
Only It Tear Oil
r am Attlw fi4 aU a Mrl jIam' aw.
trie Bitters," says Mrs, K. II Branson,
of Dublin, Ga. Surely there's nothing
else keep the old as young and male
the weak aa strong this grind tonto
medicine. Dyspepsia, torpid Uvsr, In
flammed kidney or chronlo constipation ,
sr. unknown after taking Eleetrio Bit
ters n ressonsbl tim. Guaranteed by
Charles Rogers, druggist. Prlc 9
Fresh and Season
able Groceries For
Every Body and at
Prices that areRight
Shipment of Fancy
Phone Main 88 1. 313 Commercial St
That make shopping a
pleasure good value for
your money and "It's A
pleaiur to ahow goods,"
talesmen. W Jut them
both. It's no trouble
but pleasure to show
you goods, and we se
that you get your
money'i worth. Drop
in and look at our
parlor teti and center
table this week. Th
price, style, and finish,
will astonish you. ,
585-590-591 Comm.rdal St.