WEDNESDAY, OCTOBEJt 3, ijofl.
THE MORNING ASTORIAN, ASTORIA, OREGON.
MeE of Every
No4iom
in dress can find garments that Will satisfy, in the variety of styles that we have gathered together
; for fall and winter of naughty six and seven.
No Wholesale Tailor Has Been Overlooked
whose merchandise is worthy of serious consideration; hence you have all of , America's best to
select from, not merely one or two lines.
WE WANT YOU TO HAVE CONFIDENCE IN US, and we will always be deserving
of the trust
IT WOULD BE FOOLISH for us to say that wc have never had clothes returned because
something went wrong, but we do say that the case can not be found where that
wrong was not righted. '
Copyright 1906 by Hart Schaffher & M?.
P.
A. Stokes
''UNCOMMON CLpTHBS"
Clothes Bought Hen Pressed Free AnyTlnie You Wish and as often ss You .Wish.
SOLE AGENTS
-.it 11 f m. mrJkk
sw mmnMMtkEr
TO A BUTTON.
M
I kUUocKS
1.25 A Rl7
CASE IS NONSUITED
Damage Plea of Mrs. Neyra Reed
Peremptorily Oujted.
TEXT OF OPINION THEREON
List of Jurymen Now 00 Service in
Rosa, Biggins & Co, Versus F. M.
Wsrren Other Matters Settled
And Dismissed.
The suit of Mrs. Myra Reed against
the City of Astoria for the sum of
$2,000 damages, claimed by reason of
certain public improvements made on
Franklin avenue which are alleged to
hare disturbed the foundations of her
home and property, and caused it to
slide, which has been pending in the
circuit court of Clatsop county for the
past three days, was nonsuited, upon
motion of City Attorney A. M. Smith,
yesterday afternoon, Judge McDride
rendering a decision upon the motion
that is replete with reason and forci
ble conclusions, and stands alone in the
courts of Oregon, as a direct ruling
upon the far-reaching contention of
"lateral support," for years a vexed
question in all courts and which will
undoubtedly stand for years to come as
a cardinal text in the adjustment of
was through a wanton esereise of
the power of the council or city of
ficers. If the city had the right at all
to excavate the street without pro
viding lateral support to the plaintiff's
property, it had the right to grade to
any depth that in the judgment of the
city official seemed necessary, so long
as, the work was not done wantonly
to iniure private parties. Thus the'
council has the right to fix grades as
it sees fit. If the right of lateral sup
port is fixed by constitution or law, as
is some states, then the property own
era must be recompensed, but if not
then the property owner must suffer,
where the work is done in good faith.
There is a wide difference in the au
thorities on this question, and the court
must adopt either the ruling of the
New York court, which says no right
of lateral support exists, or. of the
Washington court which takes the op
polite view. In doing that, the rights
of the property owners and of public
policy must be considered. There is no
question but what the right of lateral
support exists in this state as between
private owners. Now, then, when a per
son dedicates a street docs he part with
the right of lateral support? Some
courts hold that he does, while others
hold that he does not. The rights of
air, light, lateral support and accessabil-
ity exist between individuals, and
am inclined to think they exist in the
case of street improvements, unless
taken away by the act of dedication.
Now, what does a property owner part
with in dedication?. Simply the own
ership or all things necessary to make
a street? It is evident when streets
are laid out as in A'toria without ref-
simflar claims and cases. Noland A erence to the topography of the conn
Smith had charge of Mrs. Reed's in
terests and did all that was possible
, in the case, but the conclusion of law
reached, and declared, by the presiding
judge yesterday, without disparaging
the contentions of the plaintiff, go to
the ery crux of the issue upon a pure
ly impersonal hypothesis. The ruling
was, in substance, as follows:
"In presenting their arguments . the
attorneys have gone at length inio the
subject and have quoted from practic
ally all the court decisions to be had
touching on the question, so while I
should like to have more time to de
vote to a study of the points at issue,
before malting a ruling, I am, perhaps,
as well informed on the opinions of
other courts as I would ever be. The
testimony in this case showed that the
plaintiff's property slid as a result of
grading the street in front of her prop
erty, but does not show that the work
try, a man dedicating a street must
recognize the necessity of grading the
streets if they are to be used and he
must make the dedication with that un
derstanding. It is somewhat remark
able, if a property owner holds the right
to lateral support, no law was enact
ed to provide for a recompense when
provisions are made for ascertaining
the damages for taking of property for
public use. The absence of any law in
this regard, shows that in the public
mind at least that the right does not
exist. Taking public policy into con
sideration, it seems to me to indicate
that this is the proper interpretation
of the law. If compensation for lat
eral support can be had in one case,
it can be had in another. This case
is an especially harsh one, but if com
pensation is allowed here, it must be
allowed in all others, and the city
would be restrained from making any
ASTORIA GROCERY
PIONE, MAIM 681. 523 COMMERCIAL STREET.
of
LONG'S PRESERVES
Jams and Jellies
WAXEN COOKING APPLES
Per Box 65c
street improvements unless it built
and maintained 'perpetually,' retaining
walls. If a man owning property on a
hill can collect damage because the
street Is cut down, the one owning a
lot in a canyon can collect damages if
a atreet is put through above him. Each
would be on the same footing. I do
not believe the law contemplated thk
I believe that when a man dedicates a
street he contemplates it mint tie im
proved and waives all rights to damages
resulting from such improvement, for
the reason that he dedicates the prop
erty for a particular purpose. He still
owns the property to the middle of
the street subject to its ue by the
public lor -street purposes. It would
make uo difference if the owner grants
the property to private parties for a
particular purpose, he waives the right
to damage multing from putting that
purpose into effect. Not from the
standpoint that no constituted right to
take property exM, but that the priv
ilege of having an improved street in
front of his property I sufficient com
pensation to a property owner for any
damages which may arise, my Judgment
is that the dedicator of a street parts
with the right of lateral support and
the city has the right to grade any or
all of it, so long as it doe not do
this with intent to Injure the owner.
The motion for a nonsuit is therefor
allowed."
Among other matter disposed of iu
i court yesterday was the vase of A, K.
j Myers veru F, Biown et si., which
wa settled and dlmid and au or
der to this effect mails and entered.
The ease of Ron, Iligffln & Company
versu F. M, Warren, on open account,
wa before the eourt and jury yenter
day and went over until this morning,
a the testimony wa not alt In yes
terday. The jury before whom the ls
ue are being tried I made up of the
following cltUensi A. It Bait, C. F.
Mclfcrmutt? U E. Wilson, Robert Ale
Math, Jos. l'alo, N. C. Knevoldaen, II.
It, 7.pi, C. W. Stone, William Mo
Keever, W. R, Hume and John E. Logan.
Commercial Saloon Thla popular
plane, situated at 009 Commercial street,
It up-to-date Is every particular. The
choicest of wine and all kind of li
quor can be procured here. Dent qusl-
Ity cigars. Illlllard table In connect ton.
If you can't owns In person, call up
l-hone 1231 Main. U
STORAGE BATTERIES.
Wt tell the Northwestern Storujr
Rattery, the very best on the market
for automobile, gasoline launches, eta.
We have the finest and mnet complete
charging plant for etorage batteries.
Recharging and repairing don. Expert
wormanshlp, R. R. Carruthera, electri
cal supplies, M2 Puane street. if.
fnr ILJlLJIlgSggLL. 1 " iiimsi 1 unpn t wiiiBinnrT "T1CT
r.'" jfinmirrt n in -- - -- . n i n-f; f
ill ill
limited in its oppor-
little
Don't make a mistake and think that the Mill End Sale of ours is
tunities for saving money.
IT IS NOT it is sweeping in its characterfathers, mothers, daughters and
ones me neeas oi every memoer oi tne lanuiy are provided tor fully.
Garments and fabrics of every wanted kind, infant's goods, notions and toilet articles
belts and jewelry and leather goods and gloves the things that critical men wear all
are masses for quick outlet from this store, and marked at prices which Insure It
If you could see the throng of eager customers which is attending this sale see how
much they buy for so little you'd appreciate the fact that this Mill End Sale
is in every way the most fascinating event of its kind which has ever marked this
store's progress.
vSale Ends Saturday, October 6.
MUSLINS 7 I r)
10c Lonsdale
Outing Flannels t
All colors
GINGHAMS Cp
7c grade.
Satine Skirts Ar
$1.50 quality Vl
Ladies' Underwear C(n
$1.00 Quality UVC
RIB I SS r
All widths at
Shirtwaists rA.
$2.00 values at
VESTS OQ.
35c quality at
19c
SILKS
DRESS GOODS
35c quality
CO
75c Taffeta UJt
FLANNELLETTES r
z 10c quality OC
Men's Shirts oQ
50c quality 0(jQ
HOSE a
10c Men's Hose 4C
WOOL HOSE or,
35c quality at 3C
TABLE LINEN
40c quality uOC
HANDKERCHIEFS Qp
15c quality OC
10c
9c
SATIN ES
All colors, 20c quality
TOOTH BRUSH
20c grade
TALCUM POWDER C
20c size 7C
EIDERDOWN Or
40c quality at OC
TOILET PAPER Ar
Fine grade 4rC
Black Satine Apron oa.
50c quality OVC
UMBRELLAS
from 50c to
LADIES' COATS C aA
$15 and $20 quality P.U v.
$2.50
Morse Department Store.