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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'