IGfie T.ac I
I FOR :vA
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I Women BEEliHIVE Outfitters f
MILLINERY
SaleofPatteriilats
All $12 Patterns for
one week at ........
These hats were the choice
QUESTION SETTLED
FINALLY
JUDGE McBRIDE QUASHES THE
WRIT OF PEREMPTORY
MANDAMUS AND SUSTAINS
THE LAST RECENT ACT OF
THE COUNTY COURT IN THE
LOCAL OPTION MATTERS.
;.: . ; . 'T t
The following despatch reached the
office of the Morning Astorian at 3
o'clock yesterday afternoon, from C. J.
Curtis, of the attorneys representing
the County Court of Clatsop County
in the pleadings yesterday before
Hon. Thomas A. McBride, in the mat
ter of the local option issues pending
on the score of the recent writ of
mandamus put out by that jurist:
w
"Houlton, Or, May 13, 1908.
"Astorian,
4 "Astoria, Oregon:
"Judge McBride has quashed
the writ of mandamus. The
action of the County Court is
sustained- The County Court's
act was a judicial one, and not
subject to mandamus. There
will be no election in pre-
cincts numbers two and three.
"(Signed), C. J. CURTIS."
'
This puts an end to the legal con
troversy and narrows the local option
contest in this city to the efforts now
on foot to re-open precincts numbers
one, six and seven; and these matters
must be left to the action wishes of
the voting population of those wards
at the polls on the first first of June
next.
SECRETARY METCALF.
Will Spend Vacation in California
About July 1.
SAN FRANCISCO May 13 Sec
retary of the Navy Victor H. Metcalf
will leave for Washington this morn
ing. " I am compelled to return to
Washington at once," said the secre
tary last night, "but I shall return
about the first of July for my sum
mer vacation which I will spend in
California."
Plan for
Summer Comfort
Don't add the heat of a
kitchen fire to the sufficient
discomfort of hot weather.
Use a New Perfection Wick
Blue Flame Oil Cook-Stove
and cook in comfort.
With a "New Perfection" Oil Stove the preparation of
daily meals, or the big weekly "baking," is done without
raising the temperature perceptibly above that of any other
room in the house.
If you once have experience with the
. MEW I
Wick Blue Flame 0Q Cook-Stove
you will be amazed at the restful way in which it
enables you to do work that has heretofore overheated
the kitchen and yourself.
The "New Perfection" Stove is ideal for summer
use. Made in three sizes and all warranted. If
not at your dealer's, write our nearest agency.
$6
hats of the season.
FULL TEXT OF THE
DECISION
JUDGE THOMAS A. McBRIDE'S
DECISION IN MANDAMUS
PROCEEDINGS REGARDING
WITHDRAWAL OF SIGNA
TURES. The full text of Judge Thomas A.
McBride's decision on the local op
tion contest is given below and it
clearly states the reasons for it, and
why the writs of mandamus were
quashed.
"Now at this time, this cause com
ing on to be heard on a motion to
quash the writs of mandamus hereto
fore issued in the above-entitled ac
tion and P. J. Brix against defend
ants and the defendants appearing by
C. H. Abercrotnbie and C J. Curtis
its attorneys and after hearing argu
ments of counsel, the court being fully
advised in the premises, finds that
the petition as passed upon by the de
fendants, did not contain sufficient
signatures to present the question of
prohibition to the electors at the
June election, and that six signers of
said petition in precincts 2 and 3 of
Astoria had withdrawn their names in
writing prior to the determina
tion of said matter and that said
signers had a right to withdraw their
names upon sufficient cause shown to
the defendants. It is therefore or
dered, adjudged and decreed that
said writs of mandamus heretofore is
sued in precincts 2 and 3 of the City
of Astoria be and the same are
hereby quashed. ,
Said order is made to both pre
cincts.
THOMAS A. McBRIDE,
Judge.
DYNAMITE STREETCAR.
PENSACOLA, Fla., May 12.-Po-
lice and private detectives made every
effort last night and today to locate
the persons guilty of the dynamiting
of a streetcar operated by strikebreak
ers last nieht No arrests have been
made. The attempt to assassinate
the motorman and conductor aroused
considerable feeling. Neither motor-
man nor conductor was seriously
hurt. '
f nmhintinn
ERFECTIORI
TflUMT whether high
or low is therefore free from disagreeable odor and can-
not smoke. Safe, convenient, ornamental the ideal light
If not at your dealer's, write our nearest agency. .
STANDARD OIL COMPANY
(INCORPORATED
(CM
The Kind You Have Always
In use for over 30 years,
U Allow
All Counterfeits, Imitations and" Jut-n-firoMlnre but
Experiments that trifle with and endanger the health of
Infants and Children Experience against Experiment.
What is CASTORIA
Castoria is a harmless substitute for Castor Oil, Pare
goric, Drops and Soothing Syrups. It Is lMnuuint. II
contains neither Opium, Morphine nor other Xarcotlft
substance. Its age Is Its guarantee. It destroys Worm
and allays Fcverishness. It cures Diarrhoea and Wind
Colic. It relieves Teething Troubles, cunw Constipation
and Flatulency. It assimilates the Food, regulate the
Stomach and Bowels, giving healthy and natural sleep
The Children's Panacea The Mother's Friend.
GENUINE CASTORIA ALWAYO
Bean the
The Kind You HaYe Always Bought
In Use For Over 30 Years.
TM( CtMTMia MUM. TT IHIIU) mW, fW MT.
PECULIAR ACCIDENT.
Professional Weight Lifter Crushed
by Mass of Iron Is Dying.
NEW YORK, May 13-Cntshcd
by a mass of iron weights which he
was attempting to lift, Warren Lin
coln Travis, a professional weight
lifter, is dying in a hospital. Travis
was practising in a Brooklyn gym
nasium for an exhibition which he
intended giving at a park this sum
mer, when the accident happened.
He intended to lift 20 men on a plat
form on his shoulders. Yesterday
he arranged a platform resting on
two horses and placed on the plat
form dumbbells, three weights ag
gregating about 3000 pounds in all.
Twice he lifted the platform on his
shoulders successfully but the third
time one of the horses broke and the
shifting of the weights that followed
knocked over the other horse, which
struck Travis, felling him. The en
tire mass of weights crushed him to
the floor. Unable to free himself,
Travis shouted for help, and the jan
itor of the gymnasium summonsed
assistance from the street. Several
men quickly removed the weights,
but Travis, when removed to a hos
pital, was found to be suffering from
internal injuries, with a dislocated
hip and scores of cuts and bruises.
The surgeons say he will probably
die.
ACTORS' FUND DEFICIT.
Wiliam H. Crane Offered a Resolu
tion, That Was Adopted.
NEW YORK, May 13-The
twenty-seventh annual meeting of the
Actors' fund of America was held yes
terday. Less than fifty of the 1800
members were present. Daniel
Frohman, the president, said that in
the 27 years of the funds existance
it had disbursed more than a million
dollars to the needy, but that the last
year had shown a deficit of $27,000.
Wm. H. Crane said that the troub
le with the actors is that it is hard
to find them, when they are prosper
ous. Thereupon the speaker offered
a resolution to ask all the managers
in America to insert a clause in the
contracts to deduct from the fourth
week the annual $2 dues for the
fund. The resolution was unani
mously carried. The following offi
cers were elected for the ensuing
year: Daniel Frohman, president;
J. R. Grismer, vice-president; Tony
Pastor, second vice-president; Henry
B, Harris, treasurer; Frank McKee,
secretary; Al. Hayden, F. A. Mackey,
Wm. II. Crane, Heinrich Conreid,
Jos. Brooks, Thos. McGrath and
Frank Burbeck, trustees.
CHARGED WITH FORGERY.
LOS ANGELES, Cal., May 13
Chargcd with forgery on two counts,
Dr. F. C. S. Saunders, promoter of a
santarium at Sierra Madra was ar
rested here yesterday and lodged in
jail. He will be arraigned tomorrow.
Bought, and which has been
has home the slgmituro of
and bos been made under nw per
Konal annorvlslon since Its liifuncy.
no one to deceive you in this.
Signature of
3
AWARDED $6000 DAMAGES.
Patent Medicine Concern Published a
Bogus Testimonial With Young
Saleswoman's Picture.
NEW YORK, May 13.-Bccause a
patent medicine concern published
her picture and a testimonial which
she said she did not give, Miss Fran
ces Wynne, a saleswoman in a depart
ment store, has recovered $6(XX) dam
ages". Miss Wynne stated in her suit
that while she was engaged in a
prominent store a fellow worker told
that he knew of a place where they
could get their pictures taken without
payment simply by allowing the
photographer to display copies in his
show window. Miss Wynne with her
friend took advantage of the offer.
Later she was astounded to see her
picture in a newspaper advertisement
of a patent medicine with a testi
monial as to the good effects of the
medicine, signed "Miss Elizabeth
Wynne." Miss Wynne stated that
the publication of the advertisement
made her life unbearable. Her friends
and fellow employes made fun of her
and she was finally compelled to re
sign her position. An agent for the
medicine company testified that the
testimonial was signed with Miss
Wynne's consent and that she con
sented to the publication of the pic
ture. This Miss Wynne denied and
the jury found in her favor.
MRS. HOWARD GOULD.
Bequeathed One Dollar by the Will of
Her Father Who Died Last Week
CHICAGO, May 13.-A dispatch
to the Record-Herald from Pittsfield,
111., says:
Mrs. Howard Gould, wife of the
multi-nu'lionaire New Yorker, and her
sister, Mrs. Sun Yue, wife of a ban
Francisco Chinaman, were bequeath
ed one dollar each by the will of their
father, 'Solomon Perry Clemen, filed
here yesterday. His estate, which is
valued at $6000, is left to his widow
during her lifetime, with the excep
tion of the two dollars mentioned.
Mr. Clemens, 70 years of age, was
adjudged insane by a commission in
the Pike county court, March 6 last,
and sent to the asylum at Jackson
ville, Ills. The commitment was for
the remainder of his life and he died
there May 8. He was totally blind
and in a most serious physical condi
tion. So far as known no word ever
came t? the desolate man from either
of his daughters, although they were
apprised of his commitment to the
asylum. On behalf of the girls it has
been said that their father was not
always kind to them and that they
were practically forced to go out and
combat the world for means to live.
i Mrs. S. Joyce, 180 Sullivan St.,
Claremont, N. H., writes: "About a
year ago I bought two bottles of
Foley's Kidney Cure. It cured me of
a severe case of Kidney trouble of
several years standing. It certainly
is a grand, good medicine, and I
heartily recommend it."
JALITY GKOCERIES....
We sell quality groceries at pop
ular prices and guarantee every
thing we sell
Acme Grocery Co.
HIGH GRADE GROCERIES
321 COMMERCIAL STREET PHONE 681
THE JEWEL
With Moving Pictures and Illus
trated Songs
is now open;
Performances at The Bijou
Dream has been discontinued
ii Cor. i ith &
OPPOSITE STAR THEATRE
FREIGHT RATE.
Entire Campaign Against Increase
May Hinge on Case Now Be
fore a Federal Court
CHICAGO. May ll-Upon the de
cision of Judge Kohlsaat of the fed
eral court in the case of the Beatrice
and Blue Valley Creamery Companies
acainst the Pere Marquette, Grand
Trunk and Michigan Central Railroads
may hinge the entire campaign
against the general advance in freight
rates. Buried in a comparatively un
important injunction suit in which the
final arguments were heard yesterday
Is the whole issue which will serve as
a prevedent in the coming great con
test.
Judee Kohlsaat's decision will de
termine whether a federal court has
power to enjoin the railroads from
advancing rates pending a hearing
before the Interstate Commission
which alone is granted power to de
termine questions of unreasonable
ness and discrimination, or whether
t can sit only as a court of review
iftcr the opinion of the commission
has been given. The case in which
udec Kohlsaat's decision will decide
this question is the application of the
Beatrice and Blue Valley Creamery
Companies of Nebraska for a prclim-
narv injunction to restrain the
Michigan Central, Grand Trunk and
Pere Marquette from advancing their
freight rates on cream pending a
learina before the Interstate Com
merce Commission as to the reason-
bleness of the advance.
ITINERARY ARRANGED.
SAN FRANCISCO, May 13.-
Rear Admiral Charles S. Sperry will
not succeed Rear Admiral Thomas as
commander-in-chief of the Atlantic
fleet until May IS but he already has
arranged the itinerary of the big
squadron for the first leg of its voy
age after its departure from San
Francisco. The mayors of the num
erous California, Oregon and Wash
ington towns which the big white
and buff vessels will call on or pass
by have been informed of the exact
time of their arrival by the naval au
thorities. This cruise will end at
Puget Sound.
May 20 will witness the arrival
of the ships at the Columbia River
lightship. At 3 a. m. on the 21st the
big ships will arrive at the entrance
of the Straits of Fuca.
COFFEE
Why Schilling's Best?
Because it is best and
your money is yours if
you think you don't find
it so.
Your grocer return yoof montj II yon don'l
Uk.it; we pay hiro
Commercial f
NEW TO-DAY
The PaUc Restaurant
The ever-increasing popularity of
the Palace Restaurant is evidence of
the good management, and the serv
ice, at this popular dining room. For
a long time the reputation of the
house has been of the best and it
does not wane as time progresses.
The system used, that of furnishing
the finest the market affords, and all
an be obtained, in season, is plan
that will always win, coupled at it it
with the best of cooking and prompt
service. A common ttying nowadays
it "Get the Palace habit"
The very beat board to be obtained
In the city it at "The Occident Hotel
Ratet very reasonable.
The Commercial
One of the coziest and most popular
resorts in the city is the Commercial
A new billiard room, a pleasant sitting
room and handsome fixtures all go to
make an aireeable meeting place for
gentlemen, there to discuss the topics
of the day, play a game of billiards
and enjoy the fine refreshments serv-A
ed there. The best of goods are only
handled, and this faet being so well
known, a large business is done at the
Commercial, on Commercial street,
near Eleventh.
The Clean Man.
The man who delights in personal
cleanliness, and enjoys hit thave,
shampoo, haircut, and bath, in As
toria, alwayt goet to the Occident
barber shop for these things and
gets them at their bent
GOOD WOOD.
If you want good load of fir wood
or box wood ring up KELLY th
WOOD DEALER,
The man who keepa the
PRICES DOWN.
Phone Main 2191 Barn, Cor. 12t
and Dnane.
New Grocery Store.
Try our own mixture ot coffee the
J. P. B. Fresh fruit and vegetables.
Barfc-Uct & Co., grocers. Phone Main
1281.
Just received a new line of umbrella
covert. See C. H. Orkwitr, 137 Tenth
street
IjAUI MAH1LUKIST KNCiAliK
"The Modern," A. E. Petenen's
beautiful tonsorial establishment, hat
been further modernized by the per
manent engagement of a highly train
ed young lady manicurist, who will
also serve the house as cashier.
Subscribe for The Morning Astoriai
60 cents a riior.th.