THURSDAY, JULY is, lood. RENDERS OPINION K SPECIAL SALE OF TWO-PIECE Attorney General Hands Down Fish Trap Opinion. Rumored Sale of Redondo to Sim pson Lumber Company. , AND OUTING bUllb -IN THE MORNING ASTORIAN, ASTORIA, OREGON. DEC aNDDOCKNEWS A- 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, section 2V "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 be! WHAT? RADIO SOAP of course! The greatest bargain ever offered to the Astoria housewife Ill nisi! FOARD & STOKES CO. C :' t ; j v t. HILONIAN DUE DOWN TODAY Second Portland Hawaiian Line Re ported Echo Leavea For Australia Yosemite Goes to Bay City Waterfront Notes, 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, Attorney-General. vrf L V mm 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 places. 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 "Public 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. IMPORTANT MEETING. 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'. BEElgiHIVE 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, AND GLOVE-FITTING. ' Sleeveless, 5-7-10 to 80 cents. Wing sleeves, 10-12 25 cents. Long sleeves, summer weight, 25 and 43 cents. Pants, lace trimmed to match. Union suits (combination garment), 60 cents suit. Light weight wool, long sleeves, 75 cents gar meat. One grade, sleeveless vest, exceptionally fine Ml ''l a - wool.....' ...DO cents i LACE HOSE. EMBROIDERED HOSE... ......... . ..f MEN'S UNDERWEAR. , BALBRJGGAN . LIGHT WEIGHT WOOL... STOKES Confidence Is Our Greatest 0 PISS0RA1 MENTION. 0 00000000000 00 0000 G. .1. Vonk and wife of Seattle' ar in the city. K. J. Arnold i in the city, from Portland. 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 cities. W. O. Stuart of Chicago was among the arrivals here yesterday on the noon expresa. Deputy Sheriff A. L. Anderson spent the day in Portland yesterday returning Inst night, Mr. and Mr.. W. II. Tipton of Walla Walla, are in the city and domiciled at the Occident. Mr. M. J. Fox departed yesterday morning for Pullman. Wash,, on tlu 8:20 express, Captain Bailey of the Tatoosh came down from Portland on the noon train yesterday, 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- KNITTED UNDERWEAR is-aj-jo CENTS 15-25-60 CENTS .50 CENTS GARMENT 85 CEtS GARMENT Asset." 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 cent. 4 Fresh and Season able Groceries For Every Body and at Prices that areRight Just Received Shipment of Fancy Cookies, "Crackers ASTORIA GROCERY Phone Main 88 1. 313 Commercial St THE TWO THINGS 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. , ROBINSON 585-590-591 Comm.rdal St.