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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (Jan. 23, 1879)
.3) ns r p fe HaiXoj stesfcm. S'TOKIA-'OBEGOIT: I.'C.feEIAXl .fctfftor. THURSDAY .Taxuaky 23, 187D Judge 'Clioate on Stato Rights. TclIIns "Why the CSovcrnor of Mahsa 'cliasctts Cannot foc'fcoerfccd. Judge Choate lias filed a long "and elaborate opinion in the case of "Red Learyj" "in which lie dis cusses the novel questions raised by Mr. Sullivan 'in order to delay or prevent the delivery of "Red Leary' on 'the requisition of the gevernorof Massachusetts. Judge Choate regards as conclusive the warrant of the governor of New York, which shows that ""Red Leary" was arrested on a requisi tion containing a copy of the in dictment found in the 'state of Massachusetts against the prisoner for burglary committed in that state. The warrant, Judge Choate says, is conclusive as to the power of -court to inquire into the proceed ings had before the governor on which the warrant was issued. In reply to Mr. Sullivan's claim that the United States courts could compel the governor of the state of New York to produce the papers oil, which he issued the warrant, Judge Chonte decides "that the United States courts have'no power to grant a mandamus -in such a case. On this point, Judge Choate quoting Judge 'Taney, says: Such a power would place every state tinder the control and domin ion of the general government, even in the administration of its internal concerns and reserved rijrhts. And we think it clear that the federal government, under the 'constitution, has no power to im pose on a state officer, us such, any duty whatever, and compel him to perform it; for, if it possessed this .power, it might dverloa'd'the officer with duties whioh woulflifill up all Jus time, and disable him from per forming his obligations to the state, and might imp6se upon -him duties of a character incompatible with the rank and dignity to which he 'was elevated by the state. Judge Choate adds: -On -the point of his right to certiorari the governor, vet more unseemlv and improper would be the at tempt of an -inferior court of -the United States to subject him -to the process of certiorari to compel him to the production of papers with the consequence 'which must flow from his refusal, of his being treated by the'court as in contempt. The total want of , . - x power to compel the production r of the papers on "which the gov ernor acted, is of itself a strong argument against the intention of congress to make the governor's determination subservient to re view by the courts. The question of identity- of "J? ed Leary" with the party described as the alleged fugitive from Mass- -achusetts, -against Judge Choate decides the prisoner. 'Red JLearyV lawyers are preparing the case for appeal to tthe circuit court of the United States, so that "Red Leary" will not be extradited lor some time to come. Rostorod to Life. From the Joplin (2Io.) Daily Hhrald. From a lady who arrived at the St. James hotel Saturday from the central portion of Arkansas we learn the particulars of an affair which posses many features of interest, and to the medical profes sion in particular. The lady left her home at the beginning of the present cold snap, with the inten t;i6n of coming to Joplin, and there ibaing, no other -conveyance was compelled to make the entire trip by stage. The only passenger in the stage with her was a man very thinly clad. While coassing the Boston mountains he complained very much of the cold, and in fact the weather was remarkably cold, even for the top of those moun tains. After a while he 'apparent ly fell asleep. Arriving at the station on the north side of the mountains the driver attempted to awaken the passenger, but io his horor found him "frozen stiff and apparently dea&. fie "was taken out of the hack and placed in a room, Which was rather cold, though not as low as the 'freezing point by several degrees The lady remained Tit the station until next day, and just as she was preparing to resume her journey was sur prised to learn that signs of life had been detected in the supposed dead man, who was to have been buried that forenoon. True enough, signs of life were plain to be observed, and by lively rub bids: with flannels saturated with whiskey for about an hour he was able to speak. When the lady left he was fast recovering from his stupor, and she had no doubt by this'time he has fully recovered. Bad he continued in that condi tiod three hours longer 'he would doubtless have been buried, as all thought he was dead. Beinsr placed in a room of just the right temperature no doubt assisted his recovery. A Faithful Dog. 'Kew 1'ork HZrald. It is 'nearly a fortnight since Charley Dykeman, who resided at Manhassett, was buried in Green field cemetery, Hempstead, L. I. Mr.Dykeman owned a dog, resembl ing very much a Newfoundland, which followed the funeral cortege to the grave-yard and never re turned to its home. From the minute that the grave was filled the dog has kept faithful vigil over it, and so continuously has he slept upon it that his shape has been worked into the clay. The people generally, moved to kindness -by the dog's 'faithfulness, have given him food plentifully, and young ladies have strewn the ground with sweet morsels. Nevertheless the dog has not been seen to eat anything and is reduced to a skeleton. The intense cold -weather of the few days and nights past was not suffi cient to drive him to shelter, bdt he was at all times found a faithful I sentry, and the -wonder is that he was not frozen to death by the col3, and buried in the snow. Many people, hearing of the case, have journeyed to the graveyard to verify it. During Thursday and Friday some people tried to coax the dog away, as an act of hu manity, intending to treat him kindly, but failed, and several at- i tempts to catch him by throwing a l i i i j. rope over his head, were not more successful. The faithful brute has aroused the sympathy of a whole community. During yesterday many people peered "through -the picket fence at his shivering form and pitied him. Salem and Astoria Xarrow Gauge. Corr. Salem Statesman. Astoria, Jan. IG. I have been very much interested in your articles 're cently on the subject of a railroad to Astoria, and I assure you they have awakened in Astoria a determination to push it ahead. We expect Mr. Gaston down here in a few days to confer with us about it. If our. peo ple here will give the aid in shape of lands at thetermmus that is now pro- , posed, ic is possible wevill soon have the beginning of that great work. I do not look for any great reduc tion in the rate of freight bctween'the Wallamet valley and Astoria by the building of this road, but I am cer tain that before its completion there will be built up at Astoria a sea port at which San Francisco rates can al ways be obtained for Oregon produce. It will not interfere with the growth of Portland, but on the other hand will build it up also. It is in the in- tercst of all Oregon to build up within her own borders such a market, "at all times accessible to the deepest sea going vessels, as some misguided gen tleman at Portland wish to have built up at Tacoma. What Salem and all Oregon needs is this narrow gauge railroad to Astoria, and then one from Salem to Winnemucca. City by the Sea. -...Yomrcomplexioii is sallow, 'and skin yellow, your liver is affected. Obtain from your druegist a bottle of Pfunder's Oregon Blood Purifier. NEW ADVERTISEMENTS. SPJSCIAXi NOTICE. 'A LL PERSONS KNOWING themselves -3L indebted to me will please settle their accounts, as all accounts unpaid by February Ut will be placed in attorneys hands to en force collection. We mean it. B. HAMBURGER. Astoria. Jan. 20. 1879. 3UJTJD NOTICE. SEALED PROPOSALS for carrying the United States mails between the Post office at Astoria, Clatsop county, Oreiron. and the landhjg of the 0. S. S. Co., dhe'time a week each wav, will be received bv the Post master until January '27, 1S79. No contract is required to be executed ; but persons bid ding must be honest a'ml capable. "not less than sixteen years old, and the accepted bid der will be expected to serve at the compen ration proposed until otherwise ordered by the Postmaster General ; he will also be re quired to take the oath prescribed by law. No more can be allowed than a fair and rea sonable compensation for the service, to be determined by the department. Postmasters a"nd assistants cannot draw pav for such service. Thos. J. Brady, Second Assls't Postmaster General. Wsr. Chaxce, P. M., Astoria, Oregon. Fisli Commissioners Xoticc. NOWCE IS HEREBY GIVEN TILVT the undersigned, having been duly ap pointed deputv for Clatsop county, by C. Lienenweber. Fish Commissioner, under the laws of the State of Oregon, will be in readi ness from and after this date, to issue li censes, at his office up stairs, corner of Cass and Sqeraocqhe streets. Astoria. Oregon. H. B. FERGUSON, Deputy Fish Commissioner. January, 14, 1879. $67,000,000 CAPITAL. LIVERPOOL AND LONDON AND GLOBE, NORTH BRITISH AND MERCAN TILE OF LONDON AND EDINBURGH. OLD CONNECTICUT OP HART FORD, AND COMMERCIAL OF CALIFORNIA tfIRE INSURANCE COMPANIES. Representing -a capital of SG7,000,00O. A. VAN DUSEN. Agent. JUST RECEIVED. BOILED CIDER; PLUM PUDDING, IN CANS; CODFISH BALLS, IN CANS; PORK AND BEANS, IN CANS; EASTERN CRANBERRIES; ZANTE CURRANTS; FRESH CITRON; ORANGES A$D LIMES, tho finest ever bought in tho market; 'CRYSTAL DRIPS, GALLON CANS: NEW ORLEANS MOLASSES. PICKLED HERRING IN KEGS. JUMBLES, ETC., ETC. MUSCATED JRAISINS. 2-ft PACK AGES, VERY FINE; PIGS FEET, 1-ft AND 2-ft. TINS; CHICKENS AND TURKEYS, IN" TINS; EASTERN AND OREGON H&MS, best quality. Also, a fino nssortmentof BREAKFAST BACON AND'OTHER MEATS, AT J. W. GEAIOTAirT'S. CITT BOOK STORE, SvIAIN ST., ASTORIA. CHAS. STEVJ2XS fc SOIV Invite the attention of purchasers to-their stock, just laid in The Finest Selection ! The Cheapest Prices The Greatest 'Worth ! RECEPTION POCKETS; LADIES' DIARIES AND PURSES COMBINED; COMB AND BRUSH POCKETS: CUTLERY, HlEWELRY, CHARMS, ETC., ETC.; LADIES' FANCY BOARD, ETC.; GOLD PENS AND PENCILS; PAINT PENCILS, GUTTAPERCHA GOODS; EXCELSIOR DIARIES, BLANK BOOKS, STATIONERY, ETC. C3AU goods sold at lowest cash prices. CHAS. STEVENS & SON. City Book Store to Main street, two doors from the Pioneer Restaurant, opposite the bakery of Mrs. C. Binder. T ATHS, BATHS, Hot, Cold, Shower, Steam and SULPHUR Baths Occident Hotel Shaving Saloon, NlEDKRAUEU & UHLEXHAUT, Proprietors. J5?-Special attention given to ladies' and children's hair cutting. Private Entrance for Ladies. T. S. JEWETT. U. S. KIttB.tLL. Drayirtg & Trucking. &. ASTORIA TRUCK & DRAY CO., Sqacmocqiiu st, hetween Cass and Main, Contracts for -uruyinj: mudo and Fatisfaction guaranteed. Orders left at the Occident Ho tel or received by mail promptly filled. - - JEWETT & KIMBALL. BATHS & n - -1 V- -tir-. MISCELLANEOUS. OHAELES HEILBORNj MANUFACTURER OP And Dealer in FURNITUREand BEDDING- ALSO IMrORTElt OF CARPETS, OIL CLOTHS, "WALL PAPER, SHADES, etc. tS'-All kinds of repairing promptly at- r.-iwin,i tn mill fnmitiirn iiijulft tn nrrlpr J-A full line of picture mouldings and f i nines, bracketswindow eornices, etc. esT-j? nil stoeic ana lowest imecs, comer oi Squemocaha and Main street. Astoria. V- E. DE2VJENT, DKUGGIST. ASTORIA, - - - - OREGON, Carries a full Assortment of Drugs, Patent Medicines, PAINTS, OIL AND GLASS. Prescriptions filled With care Day or Night. E53" Manufacturer of Fishermen's "Relief. A sure preventative of Chapped Hand3, and cure for Fish ounds. (IK THE AbTOKIAN BUIT.DLNG) AS JUST RECEIVED A LOT OF NEW goods, consisting oi MEN'S AND E0TS CALF AWD ZIP BOOTS Buckle and Congress Gaiters, "Women, Misses and Children's Bxxx-Toqgar boots, Which will he sold at the very lowest prices. A RARE CHANCE. I "WILL SELL ANY OH ALL OF THE following described property, viz : 100 Acres, Sec. 22, T. 8, X. oriJ. 9 -rcst, southeast qnarlcr. Also, in Olneys Astoria lots 1, 2, .1, antl 4, in Klock 79; Lots o, 4. 5, and G, in Block ItUO; Lots 2 and 4, in Klock ISO; 'antl Lot H, in ISIock i:t2; Xorth hair or Klock S,2 1-2 acres. DAVID INGALLS. Astoria, Oregon, Dec. 10,1878. s5-6in PICKED UP. A skiif was picked up on or about January 11. 1579, in Astoria by the undersigned. Tlie owner in requested to call, prove property, pay charges and take the same-away. S. SCHMEEK. lw-d&w Opposite thebell tower, Astoria. 'JTi EOIIGE' ItOSS' Billiard Room. The only Billiard Itoom in the city where no liquors arc sold. TVfEW TABLE JUST PUT UT. GEORGE Irl luis a cosy place and keeps on hand, the best brand of Cigars. Also. soda, candy, nuts. etc. Opposite Altona Chop House. 95-tf GEO. ROSS, Proprietor. CASH STOKE'. Have just received a new invoice of Groceries, Queensware, Lumps and Fixtures, "Which I offer at a bargain for CAsn r-iuaxjE m FEED. Corner of main and Squemoqhe sts., ASTORIA, - - OREGON. Notice to All Concerned. Men and Boys tYJust hfe As well as to have toys "for Christmas. Christmas is Over i 1 ll HAS XOT And now invites the attention of every body to his Full and Complete Stock, Consisting in part of -MS of GLOTrHHG SOT.. Gents Furnishing Goods ; ALSO : Large Stock of Family Groceries; Canned Fruits, Etc.; ALSO : lVatchrs, .Jrivclry, Marine and Opera (lastcs, etc.; Besides a choice lot of TOBACCO AMD C8GARS, Wholesale and Retail. Call and see. im. sterns,. LUX ST., - - - ASTORIA, OCX. JUST RECEIVED IJY G. "W. PARKED AT THE I. X. L. STORE! Corner Main and Concomly streets. israP f-T nishmhGent charge. U1Ier Astoa' free of iKrfhe public are respectfully invited to call, or send in thcir-orders. '". u 10 BATKING AND INSURANCE. BANKING AND INSURANCE BROKER, BANKER, A1 INSURANCE AGEHT, ASTORIA, OREGON, Exchange bought and sold on all parts of the United States and Eisrope. OFFICE HOURS-From 8 o'clock A. M. until 4 o'clock p. m. 1118 AGGREGATE CAPiTAJL $40,000. rSIPEKIAEi OF &03TDOX, XOETHEES OF I0M)O. 'iUEEX OF LIVERPOOL. FIRE -AND MARINE INSUR ANCE COMPANIES. AGEXT. ASTOETA, - - - - OEEGOX. OF CALIFORNIA, T. F. Houghton" ..."President Ciias. K. Story . Secretary Hamilton I$OYD.(. ArnntlCnP n UJCO. -U OTOKY. ) ' w.-c . Ofmoe Northeast corner of fetak and First streets, Portland, Oregon". Net Cash received for Fire Prem iums in 1S77 $335,511 04 Assets, .fan. 1,1878 $578,005 So Liabilities Losses vnpaid ?3,G3S 37 Dividends " .,.. l.nr7 00 HjSKi .TT Surplus for Property Holders S572.470 4T Losses paid in Oregon in six years$ll4,5lG Tz I. TV. C 1SE, Agent. Astoria. Oregon. I. W., CASE IMPORTED AND WHOLESALE AND RE TAIL DEALER IX GEMRAL IffiCHADISE. Corner Chenamus and Cass streots. ASTOKIA OREGON.. JUST OPENED A FITLiL AND -COMPLETE LINE OF 'GOODS, IN" EVERY DEPART MENT OF TRADE SUITABLE TO THE WANTS OF TEE PEO PLE ALL OF WHICH WILL BE SOLD 3PPuvehnsers aro lcqaested to call-nnd inspect my goods he'fore purchasing ''eke where, as I am confident of my ability to please one and all. I: "W. CASE, Comer Chenamus and Cass Streets, AST0PviAr oregen: 43'