'ft .
33rd YEAR. NO. 211
ASTORIA, OREGON, FRIDAY, SEPTEMBER I 3S08
PRICE FIYE CENTS
SECOND CHOICE
I E FOR GOVERN
All But One County Is
Heard From
JONES U. S. SENATOR
Result of Democratic Primary
' Lost Sight of In the
Shuffle
PATTISON MAY BE IN LEAD
Meagre Returni Indicate Nomination
of George P. Cotterill For United
States) Senator and Pattiaon, Gover
nor, on the Democratic Ticket
SEATTLE, Sept. 10-Return from
the republican Mate primary are still
Incomplete but alt counties except
one have been heard from. Later re
turn are not likely to change the
following results:
United States Senator VV. J.
Jones.
Governor S. C. Cosgrove.
Lieutenant Governor C. E
Shoonc.
Secretary of StateSam H. Nich
ols. , - - '
Auditor C. W. Clausscn,
State Treasurer J. C. Lewis..
Attorney-General W. P. Bell.
State Land Commissioner W. E.
Ross.
State Superintendent 11. B. Dew
ey. Insurance Commissioner J. II.
Schivelcy. -
Congressman, First District W. E.
Humphrey, incumbent.
Congressman, Second District F.
VV. Cushninn, incumbent.,
Congressman, Third District M.
C. Poindexter.
The following Is the vote on
United States Senator as far as com
piled: W. L. Jones, 32,129.
Levi Ankeny, Walla Walla, 17.058.
W. 11. Snell, Tacoma, 5208.
Governor Mead and ex-Governor
McBride both concede Cosgrove's
nomination. " V 1
The feature of the contest is the
fact that the second choice vote nom
inated Cosgrove. Poindexter is nom
inated to succeed Jones. The repub
lican fight has been so hot and there
are so many names on the primary
ticket that the result of the democra
tic primary has been lost sight of
altogether and ft may be another day
before the returns are totalled. There
was no contest except for guberna
torial and senatorial nominations and
AEROPLANE FLIES-
IN STRONG WIND
Wright machine Breaks
Over 3 Minutes in
WASHINGTON, Sept.' lO.-Or-villc
Wright today broke the world's
record for time and distance for a
heavier-than-air flying machines which
lie established yesterday.' In the
flight requiring great skill on account
of the ten-mile wind, he circled thj
drill grounds at Fort Meyer, 58 times
in 65 minutes and 52 seconds, exceed
ing the time of yesterday's flight by
oyer 31 minutes. The machine on
rising from the ground climbed to a
HIES
the meagre returns indicate that
George F. Cotterill of Seattle is
nominated for United States senator
and John Paulson of Spokane for
governor. Non-partisan, ticket for
supreme Judges was nominated. The
candidates being John E. Humphries
and Milo A. Root, republicans of
Seattle and Stephen J. Chadwick of
Colfax, a democrat. Root is now on
the bench. ,
BASEBALL GAMES.
American League.
Boston 2, Philadelphia 8.
Chicago 7, St. Louis 2.
Pittsburg 1, Cincinnati 3.
Brooklyn S, New York 6.
American League.
Washington 1, Boston 7.
Cleveland 5, St. Louis 2.
Detroit 6, Chicago 5.
Pacific Coast League..
Portland 2, Los Angeles 1.
San Francisco 6, Oakland 1.
Northwest League.
Seattle 6, Butte R ,
Tacoma 1, Vancouver 3. ,
PLAN HOLLADAY TRACK
FOR BIG RESORT
RAILROADS MAY MAKE CLAT
' SOP BEACH FINEST ON
PACIFIC COAST.
HARRIMAN BEHIND PROJECT
Engineers and Experts .Representing
Several Railroads, Investigating
Feasibility of the Improvement and
Harriman's Interest Are Apparent
PORTLAND, Sept. 10.-Engineers
and experts representing at least two
railroads and a number of other in
terests are' now at work quietly in
vestigating the feasibility of im
proving the entire Holladay tract at
Seaside, covering more than 81)0
acres of the finest stretch of ocean
frontage along the entire length of
Clatsop Beach. The tentative plans,
as outlined by a man who is in close
touch with the operations . already
under way, include the erection of the
finest Summer resort on the Oregon
coast, a mammoth tourist hotel with
spacious grounds and strings of cot
tages, with all the other attractive
facilities for the comfort and conven
ience of pleasure-seekers.
The tract in question stretches
along the coast for more than a mile,
all the way from the Government
reservation on Tillamook Head,
(Continued on page 8.)
Record of Wednesday by
Teeth of Heavy Winds
height of 75 feet. For the first 30
rounds it flew as smoothly as on its
previous flights but from that time it
was seen to pitch at turns, as the
breeze from the west struck it. The
gust of wind. were unusually strong
and struck the machine on the 42nd
round and .it plunged sharply causing
the crowd to exclaim in alarm
Wright then brought the aeroplane
lower, but on the 53rd round he had
reached an altitude of 200 feet.
Mill
PRESENT SEA lll lEIIDIHJ
Many Prominent Citizens
Night in
COMMISSION OF NINE
Harrison Allen, for the A. & C. Railway, Makes Brilliant and For
cible Statement Against the Bulkhead Amendment as It Now
Stands, But Committee Votes to Proceed
C. C. FLAVEL -
S. E. HARRIS (
CHARLES GODDARD
DR. A. KINNEY
N. STAPLES
K. HAUKE
FRANK KANKINEN
DR. W. C. LOGAN.
The final action of the charter
amendment committee at its meeting
in the city hall last night was to
designate the nine men who will
form the commission in the seawall
project. The men whose names ap-i
pear above were the ones elected,
and, if the amendment becomes a law,
they are the men who will have the
entire matter in their, charge.
The meeting of the charter amend
ment committee last night was the
first one of their sessions which was
attended by any considerable body of
citizens. Aside from the election of
the commission of nine men the only
important action taken was sn vote
that the bulkhead amendment as pre
pared by the council committee will
be recommended to. the council at its
meeting tonight, providing the attor
neys can have it -in shape for pre
sentment; and a vote refusing to ac
cept a substitute offered by Harrison
Allen, as attorney for the A. & C.
Railway. From start to - finish the
session was an interesting one, and
the whole matter of the bulkhead
proposition was gone over in one
way or another. Among those pres
ent were the following:
James Finlayson, Frank Patton, J.
T. Rose, Robert Carruthers, F. A.
Fisher, George C. Flavel, I. Bergman,
Prank C. Taylor, H. G. Van Dusen,
J. H. Whyte, C. L. Houston, Dr. A.
Kinney, Martin Foard, E. Z.' Fergu
son and J. N. Griffin. It was said
that the citizen there represented
from 60 to 80 per cent of the down
town values of Astoria, and it was
noticed t,hat virtually all of them
were decidedly opposed to the bill,
as it now stands.
According to the action of the
committee last night, the bulkhead
amendment will be recommended to
the council at its session tonight, and
as the charter amendment committee
forms a majority of the council itself,
it would seem apparent that the coun
cil is likely to accept the bill as
presented to it. That means in all
probability, despite the great objec
tions made, that the amendment will
be submitted to the people.
Dr. Logan, ss chairman of the
charter amendment committee, called
the session to order last night and
the first matter that" arose was the
-eading of the remonstrance made
against the project by 105 property
holders holders. The committee vot-
;d to place the remonstrance on file,
and to recommend the charter amend
ment to the council; and thus, at the
very beginning of the session, the
whole matter was formally disposed
if before any one had a chance to
voice an objection.
Harrison Allen, attorney for the
A. & C, in a half hour's talk, stated
the attitude of the railway on the
matter. First of all he made it clear
lint the railway is not opposed to a
bulkhead, but that the company Js
opposed to the project as it now
stands, and Mr. Allen stated in a for
cible manner ihe reasons" the, com
pany objected to the project in .its
present condition. "
"We think you are getting the cart
Attend the Session Last
City Hall
MEN IS DESIGNATED
before the horse " said Mr. Allen.
"While we wish to act with the citi
zens of Astoria on the matter, and
while we must not be understood as
opposing the project as such, never
theless we are disposed to think that
the present bill is not a satisfactory
one. We think that a thorough inves
tigation should be brought in to make
a complete survey of the matter,
that the total cost should be accu
rately made, and that all of these
highly necessary details should be
first ascertained. Then,, if the matter
be found feasible,' and if after inves
tigation of the cost, it be found desir
able to go ahead, we can do so safe
ly" In a colloquoy- with Mr. A. M.
Smith, who acted as the attorney for
the committee and drew" the bill, Mr.
Allen emphasized the apparent fact
that the amendment gives the com
mission extraordinary powers. It
gives them powers so great that even
the courts would not have the power
to review certain of their important
acts. It gives the commission, Mr.
Allen said, more power than the com
mon council has, and more power
than the water commission has. Mr.
Allen also pointed out how necessary
it is to figure on the question of dcain
age, sewerage and the raising of
grades., "All these things should be
first ascertained," he said, "and then
we can go ahead if everything is
found all right."
Mr. Smith pointed out for the
committee that the bill permits ex
penditures for this very purpose,
though" apparently the whole matter
then would be in the hands of the
commission, and the outcome would
depend upon their honesty and busi
ness acumen.
Then Mr. Allen called attention to
the fact that the committee had voted
to submit the charter amendment to
the council at its meeting tonight,
and he urged that there be some de
lay so that the people could have a
chance to learn more of its jietails.
Mr. Allen at the conclusion of his
original talk, presented a substitute
bill, which is as follows:
"Section 158. The mayor is hereby
authorized to create by appointment,
subject to the approval of the coun
cil, a commission composed of three
members, each of whom shall be
a resident taxpayer of the city of
Astoria. The commission so created
shall be styled 'The Sanitary Inves
tigation Commission o Astoria.' The
commission shall continue until dis
solved by a three-fourths vote of all
the members of the council of the
city of Astoria, and any vacancies
caused by death, resignation or oth
erwise, shall be filled in the same
manner as the original appointments
were made.
"Sections 159. The commission pro
vided for in the orecedintr section
shall have power, and it shaft be its
duty to make a full investigation of
die sanitary condition of the city of
Astoria in so far as the same is af
fected by the ebb and flow of the
tides, and if it shall appear to such
commission practicable to improve
such sanitary condition by the con
struction of a seawall and by filling
rhe lands now covered by the tide
vithin the limits of the city of As
toria, then such commission shall
cause to be prepared comprehensive
plans and specifications for the con
(Continued on page 3)
WEAVING WEB
i ill's in
KERN TO TOUR. ,
CHICAGO, Sept. 10 -John W.
Kern, the democratic candidate for
vice-president, will make a speaking
tip in the South in October and the
national committee is now arranging
the itinerary . Colonel Wctmore of
the finance bureau announced tonight
that 1500 democratic newspapers had
joined in the movement to raise a
popular subscription fund with which
to run the democratic campaign.
FLEET AT ALBANY.
ALBANY, West Australia, Sept.
1 1. After a 1300-mile voyage from
Melbourne, the American battleships
dropped anchor early this morning
off King's Point at the entrance of
Princess ' Royal Harbor in King
George's Sound. Great crowds wit
nessed the coming of the fleet, sight
ing of which from Beaksea Island,
was reported several hours before.
The ships encountered smooth winds
and fair seas on the way from Mel
bourne whence the fleet sailed Satur
day. DECIDED 111 FAVOR OF
THE RAILROADS
COMMODITIES . CLAUSE . OF
HEPBURN ACT DECLARED
UNCONSTITUTIONAL.
GRAY AND DALLAS AGREE
Their Opinion Covera 75 Typewriten
Pages Judge Buffington Dissents
But Does Not File His Opinion
Great Victory For The Railroads.
PHILADELPHIA, Sept. 10j The,
commodities clause of the Repbnrn
railroad act vas today declared to be
unconstitutional by the United States
Circuit Court for the Eastern Dis
trict of Pennsylvania. Judges Gray
and Dallas agreed in an opinion cov
ering 75' typewritten pages that the
clause is unconstitutional. Judge
Buffington dissented, but did not
file an opinion.
The commodities clause constitutes
the fifth paragraph of the first sec
tion of the Interstate Commerce Act,
it being one of the amendments made
by the Hepburn Railroad Act of
June 29, 1906.
The clause provides that after May,
1908, it shall be unlawful for any
railroad company to transport from
one state to another or to any for
eign country any article or commod
ity manufactured, mined or produced
by ft under its authority, directly or
indirectly, except such, articles or
A. BOOTH COMPANY
GO TO RECEIVERS
Will Know Eastern Fish
Owing to Recent
CHICAGO, Sept. 10. The fish and
oyster firm of A; Booth & Company
was placed in the hands of a receiver
today. The Linen Thread Company
of New York and Alfred Booth of
Baltimore were complainants and on
their petitkm W, J. Chalmers, presi
dent of the Commercial National
Safe Deposit Company was appoint
ed receiver with bonds at $50,000.
The petition asserts its liabilities at
$5,500,00 and assets at $8,000,000. The
AROUND DAVIS
Attending Physician Gives
Important Evidence
SEEN AFTER SHOOTING
On His Way to Rustin's Homo
Dr. Lord Meets Davis Com
ing From Scene
REVOLVER STILL UNFOUND
Police Unable to Find Weapon With
Which Dr. Rustin Was Killed
Last Evidence Declared Most Sig
nificant of Any Yet Receiver.
OMAHA, Sept. 10. An important
development was brought to the at
tention of the county attorney late
today in the Rustin case when Dr.
J. P. Lord, the physician who was
called by Mrs. Rustin to attend her
husband after the shooting, told the
police that while on his way to Dr.
Rustin's home he met a man answer
ing the description of Charles E. Da
vis about two blocks from the Rustin
residence and coming from the direc
tion of the dying man's house. Chief
Donahue this -afternoon declared this
the most significant" bit of evidence
thus far secured. The police are still
searching for the missing revolver
and have covered every foot of ter
ritory within several blocks of the
Rustin home without success.
commodities as may be necessary for
its use in the conduct of its business
as a common carrier. The clause ex
empts timber and its manufactured
products and is aimed particularly at
railroads owning coal mines.
Judge Gray delivered the principal
opinion which concludes;
"From every point of view which
we have been able to approach the
question, the unreasonableness and
consequent invalidity of this so-called
'Commodities clause, is apparent."
Saying that it invades the rights of
the states by striking down liberty
hitherto innocently enjoyed by its
citizens to engage in interstate com
merce to the fullest extent in harm
less articles and deprives the defend-
ants of their property contrary to the
letter and spirit of the fifth amend
ment to the consitution. His opin
ion finishes:
"It will indeed be an' open door
through which forces of centraliza
tion hitherto unknown may enter at
will to overthrow the just balance
between federal and state power."
and Oyster Firm Goto Wall
Financial Depression
troubles of the company are alleged
due in a large measure to the inade
quacy of cash couplied with the finan
cial depression last Fall.
THE DALLES, Or., Sept 10.
Fire started under the roof of I. H.
Taft's cannery in an unknown man
ner shortly after 1 o'clock today. It
cannot be saved. The ice and elec
tric plants will go also. , The esti
mated loss is $70,000.