The Daily Astorian. (Astoria, Or.) 1876-1883, March 22, 1879, Image 1

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Vol. viii.
Astoria, Oregon, Saturday Morning, March 22, 1879.
No. 68.
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(SEssEEga m
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Laws Regulating Fishing.
Arts I'jtsscl by the Oregon legislative
Assembly, A. D. 1878.
rublished by Request.
An nor regulating Salmon Fisheries on the
waters of the Columbia river and its trib
utaries. Wn i:hka.s, The legislative assembly of
the territory of Washington, at the last
session thereof, passed an aet entitled
an act regulating salmon fisheries on
the waters of the Columbia river," ap
proved November 8, 1877; and
Wiii:i:eas The 8th and last .section
of said aet is as follows, to-wit: "Sec
tion 8 No section, proviso, or part of
this act shall he considered as valid or
operative until the legislature of the
state of Oregon shall enact a similar
section, proviso or act, in whole or in
part, and from and after the passage of
Mich a law by the state of Oregon, and
such parts thereof as shall be so enacted
shall immediately go into full force and
offect; and the governor of this territory
is hereby requested to transmit an at
tested copy ot this aet to the governor of
the state of Oregon, requesting him to
submit ii to the legislature of that state;"
therefore-,
lie it enacted by the Legislative Assembly or
the State of Oregon :
Si-xtiox 1. That it shall not be law
ful to take or fish for salmon in the Co
lumbia river fr its tributaries, b any
means whatever, in any ear hereafter,
during the months of" March, August
and September, nor at theweeklyclo.se
limes in the months of April. May. June
and .Inly; that is to say, between the
hours of six o'clock in tlfe afternoon of
each and every Saturday, until six
o'clock of the afternoon of Sunday fel
lowing; and any person or persons
catching salmon in violation of the pro
visions of this section, or purchasing
salmon so unlawfully caught, shall, up
on conviction thereof, be fined in a sum
of not less than five hundred dollars, nor
more than one thousand dollars, for the
first offense, and for each and every sub
sequent offense, upon conviction there
of, shall be fined not less than one thous
and dollars, to which may be added, at
the discretion of the court, imprison
ment in the county jail for a term not
exceeding one year.
Sec. 2. It shall not be lawful to fish
for salmon in the Columbia river or lis
tributaries during the said months of
April, May, June and July with gill
nets, the meshes of which are less than
lour and one-eighth inches square, nor
with seines whose meshes are less than
three inches square, nor with weir or
fish trails whose slats are less than two
and one-half inches apart- Nothing
herein contained shall prevent fishing in
said river or its tributaries with dip nets
luring the fishing season, as established
and defined by section 1 of this act.
Every trap or weir shall have in that part
thereof wiiere the fish are usually taken,
an opening at least one foot wide, ex
tending upwards from the bottom to
ward the top of the weir or trap five
feet, and the netting slats and other ma
terial used to close such aperture while
fishing shall betaken out, carried upon
shore and there remain during the said
months of March, August and Septem-
ber. and the weekly close time in the
months of April, May, June and July,
as prescribed in section 1 of this act, to
the intent that during said closed time
the salmon may have free and unol
structed passage through such weir,
trap or other structure, and no contriv
ance shall be plared in any part of such
structure which shall tend to hinder
such fish. In case the enclosure where
the fish are taken are furnished with a
board floor, an opening extending from
the floor five feet towards the top of the
weir or trap shall be equivalent to ex
tending the said opening from bottom
to top. Any person or persons violating
the provisions of this section, or encour
aging its violation by knowingly pur
chasing salmon so unlawfully caught,
shall be deemed guilty of misdemeanor,
and upon conviction thereof shall be
fined for the first offense not less than
live hundred dollars, nor more than one
thousand dollas, and for each subsequent
offense shall, on conviction, be fined not
less than one thousand dollars, to which
may be added imprisonment, in the
count jail for a term not exceeding one
year.
Skc. n. The person or persons making
complaint of any violation of the pro
visions of this act, shall, upon convic
tion of the offender, be entitled to one
half the fine recovered, and any Prose
cuting Attorney who shall upon com
plaint being made to him of the viola
tion of tins act fail to prosecute the
party accused, shall be deemed guilty of
a misdemeanor in oflice. and upon con
viction thereof shall be fined in the sum
of five hundred dollars for each and
every offense.
Skc. 4. This act shall not be so con
strued as to interfere in any way with
any establishment or enterprise for the
propagation of salmon, whether by the
United States government, or any regu
larly organized company or society for
that purpose, located or operated upon
said Columbia river or any of its tribu
taries. Sec..!. It shall be unlawful for the
proprietor of any saw-mill on the Co
lumbia river or any of its tributaries, or
any employe therein, U) cast the saw
dust made'by such saw-mill, or suffer or
permit such saw-dust to be thrown or
discharged in any manner into said river
or its tributaries below the cascades of
the Columbia river and falls of the Wil
lamette river. For each and every wil
ful violation of this section, the party
guilty of such violation shall be liable
to a 'fine of fiftv dollars for each and
every such offense,' to be recovered be
fore a Justice of the Peace q the proper
conntv.
Sec. i). Any party convicted of any
violation of the provisions of this law,
jshalibe sentenced to pay the fine and
costs adjudged, and in default of paying
or securing the payment thereof, he
shall be committed to" the county jail un
til such fine and costs shall be paid or
secured, until he shall have been im
prisoned one dnv for every two dollars
of such fine and costs. But execution
mav at any time issue against the pro
perty of the defendant for whatever sum
maybe due of such fine or costs. Upon
payment of such fine or costs, or the
balance after deducting the commuta
tion by imprisonment, or securing the
same, the party .shall be discharged. All
fines and penalties collected for violation
of this act shall constitute a fund for the
maintenance of hatching houses for the
propagation of salmon, and be disbursed
in accordance with the provisions of an
act entitled an act to encourage the
establishment of hatching houses for the
propagation of salmon in the waters of
the Columbia river."
Sec. 7. All fines and penalties hereby
or herein imposed, shall be enforced and
collected as other fines and penalties,
and jurisdiction to enforce such fines
not herein given to the justice's courts,
shall be vested in the circuit court of the
proper county.
Approved October IB, 1878.
An aet to create the offiee of YM Com
missioner for the Columbia river, to license
the taking of Salmon in the Columbia river
and its tributaries, and to encourage the
establishment of Hatching houses on the
waters of the Columbia river for the Propa
gation of Salmon.
"WiihitEAS. the legislative assembly of
the territory of Washington, at the last
session thereof, passed an act entitled
"an act to encourage the establishment
of hatching houses on the waters of the
Columbia river for the propagation of
salmon." approved Nov. (, 1S77; and
Whi:i:ba. The nth and last section
of said act is as follows, to-v;il: "Sec
tion . No section, proviso or part of this
act shall be considered valid or opera
live until the legislature of the state of
Oregon shall enact a similar section,
proviso or act. in whole or in part and
from and after the passage of such a law
by the state of Oregon, such parts hereof
as shall be so enacted, shall immediately
go into full force and effectand the Gov
ernor of this territory is hereby requested
to transmit an attested copy of this act
to the Governor of the state of Oregon,
requesting him to submit it to the legis
lature of that state; therefore
Be it enacted by the legislative Assembly
of the State of Oregon :
Suction 1. That a Fish Commissioner
for the Columbia river and its tributary
waters be appointed by the Governor,
who shall hold his oflice for two vears
ami until his successor is appointed and
qualified, who shall be a resident of one
of the counties bordering upon said
river. Said commissioner shall exercise
a general supervision over the fisheries
of said river within this state; consider
and report upon the introduction, pro
duction and culture of food fish, es
pecially the salmon ; co-operate with the
Fish Commission of the territory of
"Washington; make report to the legis
lative assembly at each biennial session
thereof, as hereinafter more particularlv
prescribed, and perform such other du
ties as may be hereinafter imposed. Be
fore entering upon his duties he shall
execute a bond to the state of Oregon,
with two or more sureties, to be ap
proved by the Governor, in the sum of
$10,000, conditioned for tl e faithful per
formance of his official duties, and the
disbursement according to law of -all
money coming into his hands. Said
commissioner may appoint deputies not
to exceed one for each county bordering
upon said Columbia river, for whose ac
tion he shall be responsible upon his
official bond.
Sec 2. It shall not be lawful to take
or fish for salmon for traffic, barter or
sale, in the waters of the Columbia river
and its tributaries, with either of the ap
pliances regulated and prescribed by the
act entitled "an act regulating salmon
fisheries in the waters of the Columbia
river and its tributaries." without first
obtaining a license therefor. The rates
of said license shall be as follows : The
owner or owners of each and every boat
engaged in taking or catching salmon
uixm said river and its tributaries, with
a gill net, shall pay leu dollars for a
license for one season. For each and
every seine used in fishing for salmon
upon said waters, the owner or owners
shall pay for such license for one season
ten dollars. For each weir or trap
used in catching or taking salmon in
said river of its tributaries, the owner
or owners shall pay for a license for a
season fifty dollars. For each and
every dip net used for fishing for salmon
in said river and tributaries, the owner
or ow ners thereof shall pay an annual
license of two dollars. Eae'h and even
net tender, or fisherman, fishing or tak
ing salmon with a gill net. shall be re
quired to pay five dollars for a license
for the season. Licenses issued under
this act shall be untransferable and shall
De good lor me wnoie season upon any
of the waters of the said Columbia river
Sec. :J. The licenses aforesaid shall be
prepared by said Fish Commissioner
attested by his official seal. The (:
missioner shall register the number
thereof, to whom issued, and for what
purpose. Owners of boats receiviii"- ii
cense shall cause to be painted in plain
conspicuous figures upon both sides of
the outside of their respective boats
three inches below the washboard, the
number borne upon the license of said
boat A failure or neglect to paint such
register number upon such boat as here
in prescribed, shall subject the owner or
owners thereof to a penalty of ten dol
lars, to be recovered in an action before
a justice of the peace. The commis
sioner shall be entitled to charge the
following fees, viz.: twentv-Jive cents
for each license to a fisherman: fiftv
cents for a boat; one dollar for a seine
or fish trap of any kind, and twenty-five
cents for a dip net, which fees shall be
reserved out ot the money by him re
ceived for the licenses issued.
Sec. 4. Any person or persons, who,
hy the foregoing provisions of this act
shall he required to take out a license
shall do such act or use such boat, seine,
gill net, weir or trap, dip net, or fish with
gill net without having first taken out
such license therefor as herein required,
shall be liable to a penalty of fiftv dol
lars for each and every offense, and'shall
moreover be required to pay the license
fee required by Jaw, to be recovered be
fore a justice of the peace or other court
having competent jurisdiction.
Sec..". Any proprietor managing
agent, foreman or employe in charge of
any cannery upon said Columbia river,
employing a fisherman to whom no li
cence has been issued, or knowingly
purchase salmon from any person using
a boat, seine, net or fish trap for which a
license is required, without first having
taken out such license, shall be liable to
a penalty of fifty dollars for each and
every oflense, to be recovered before a
justice of the peace.
Sec. u. All moneys received for license
herein referred to, excepting the fees for
issuing the same, shall constitute a fund
and be exclusively applied to the assis
tance of a hatching house or houses on
the said Columbia river or its tributaries.
Any person or persons or incorporated
company who shall furnish satisfactory
evidence to the said Fish Commissioner
that a hatching house or houses has or
have been established by such person or
persons or company, and have actually
hatched salmon with which said Colum
bia river is or has been stocked or sup
plied, the said commissioner shall forth
with pa over to such person, or persons,
or company, the said funds; Provided,
if there be two or more of such hatching
houses in operation by different persons
or companies, then such funds shall be
distributed pro rata according to the
number of hatched salmon.
Sec. 7. The person or persons making
complaint of any violation of the pro
visions of this act, by the failure to take
out a license as herein required, or to do
and perform other acts as herein pre
scribed, shall upon the conviction of the
party accused, be entitled to one-half of
the penalty recovered. All fines and
penalties hereby or herein imposed shall
be enforced and collected as other fines
and penalties are by law enforced or
collected, and Justices of the Peace or
other officers receiving such fines or
penalties after payment of one-half of
such penalty so collected to th complain
ant, shall forthwith pay the remaining
half to the Fish Commissioner to be ap
plied to the establishment of, or assis
tance of hatching houses as provided in
section (5 of this act.
Sec. 8. The said Fish Commissioner
shall biennially on the 1.1th day of Sep
tember, make a report to the Governor
to be submitted to the legislative assem
bly; which report shall exhibit the
amount of moneys received from li
censes, penalties and otllersourcesrand
how applied; the condition, progress,
success, etc of the hatching houses;
hints, suggestions or information on the
subject of food fish propagation, and
such matter as may be valuable in legis
lation for the protection or preservation
of food fishes, and the salmon fisheries
of the Columbia river.
Sec. i). Any person or persons or in
corporated company who shall receive
from the Fish Commissioner the. funds
created by this act or any portion there
of, shall first execute a bond to the State
of Oregon with two or more sureties, to
be approved by the Governor, in the
sum of ten thousand dollars, that all
moneys coming into his or their hands
under the provisions of this act, shall be
used for the propagation of salmon and
for no other purpese: and shall make a
sworn report to the Governor on or be
fore the first of January of each year
thereafter, of the amount of money re
ceived and how expended, and the pro
bable amount of salmon hatched by such
person or persons during said year.
Approved October 1(5, 1878.
WANTS, LOST, FOUND, ETC.
AX OKG ANTOKliALE A t Mr. ifoldeif s
auction rooms. In good order an almost
new. Apply at once. dtw-lw
LA UNDRY FOIt SALE. Inquire at the
Astoria Steam Laundrv.
J.T. BOUCHERS. Proprietor,
Astoria, Oregon.
HOUSE TO LET A nice residence, new,
containing six rooms, will be ready for
a ttiiaut any time on short notice.
For particulars inquire at
55tf THIS OFFICE.
Fish Commissioners Xotice.
THE UNDERSIGNED FISH COMMIS
sioner for Washington territory, hereby
gives notice that he will visit all the canner
ies on the Washington territory side of the
river, from the lirst to the twentieth of
March, and after that will be at Drookileld
for the rest of the season.
ALBERT F. STREAM.
Noirrn Cove, W. T., Feb. 17, 1S70.
Fish Commissioners Notice.
NOTICE IS HEREBY GIVEN' THAT
the undersigned, having been duly ap
pointed deputy for Clatsop county, by C.
Liencmvebr. Fish Commissioner, under the
laws of the State of Oregon, will he In readi
ness from and after this date, to issue li
censes, at Ids office up stairs, corner of Cass
and Sqemoeqhe streets, Astoria, Oregon.
Persons sending in applications for lirenses
will please send No. of boat and the name of
the fisherman or captain f the boat.
H. B. FERGUSON,
Deputy Fish Commissioner.
npo whem: it xay concern.
Notice Is hereby given that all persons
are forbid tresspassing upon, or in any way
occupvinganv portion of the land or beach
surrounding TONGUE POINT, or upon any
part of the Henry Marlin land claim in Clat
sop cnuniv. State of Oregon, without ieni
sion from the undersigned ; and also irom
setting out tires upon said claim, whereby the
standing timber may in any way be injured.
VAN DUSEN & RROWN.
Per A. VaDusex.
Astoria, Oct. 5. 1S77. tf
OLD PAPERS, We have a valuable lot of
old papers on hand, just the thing for
making scrap-books, or what housewives
need for shelf covert. "W ill he sold In lots to
suit purchasers at 50 cents per 100, Mrst
come, first served. , , . ,.,
ASTORIAN OFFICE.
BANKING AND INSURANCE.
BANKING AND INSURANCE.
3C. W. CASE,
BROKER, BANKER,
AND
INSURANCE AGENT.
ASTORIA, - - . OREGON.
Exchange bought and sold on all parts of
the United States and Europe.
OFFICE IIOURS-From 8 o'clock A. m.
until 4 o'clock i. m.
Hone Mutual Insurance Co..
OF CALIFORNIA,
.T. F. IIOIJOIITON-
Chas. RStouv
Hamilton Royd, i
Geo. L. Stoiiy.
President
Secretary
. Agents for Oregon
Office Northeast corner of Stark and First
streets, Poiitlani, Okegon.
Net Cash received for Fire Prem
iums in 1877 335,311 04
Assets, Jan. 1, 187S .. 578,005 So
Liabilities
Losses vnpaid ?3,038 37
IMvhlends " i.vyr 00 5.315 37
Surplus for Property Holders $572,470 47
Losses paid in Oregon in six years$l 14.516 72
I. IV. CASE. Agent.
Astoria, Oregon.
67,000,000 CAPITAL.
LIVERPOOL AND LONDON AND
. GLOBE,
NORTH BRITISH AND MERCAN
TILE OF LONDON AND
EDINBURGH.
OLD" CONNECTICUT -OF- HART
FORD, AND
COMMERCIAL OF CALIFORNIA
FIRE INSURANCE COMPANIES.
Representing a capital of SG7.000,000.
A. VAX DUSEN. Agent.
coifraiEK ciax. ranox
ASSURANCE COMPANY
Capital 812,500,000.
MATT II. SIRSON, Agent,
Astoria, Oregon.
INSURANCE COMPANY
OF CAT.IFORAIA.
ORGANIZED IN IS 63.
Total Losses raid Since Organization.
$3,680,435 95.
E. C. HOLDEN. Agent.
Astoria Oregon.
G. H. BAIN & CO.
BEING NOW PREPARED WITH greatly
increased facility to furnish the public
with all kinds of
Seasoned A No. 1 Lumber,
Boat Life, Doors, Inflows,
BLINDS, TRANSOMS:
And all kinds of hard wood at very low rates,
Asks an examination of their prices and
large lot of goods which will be sold low for
CASH.
Steam Mill Near Weston Hotel,
Cor. Cencvive and Astor streets.
ECLIPSE MARKET.
West-Eigiith Street, near tlic O.
S. X. Cos Wharf.
JOHN W. WELCH PitOPRinrou
A GENERAL ASSORTMENT OF FA3IT
ly Groceries, and the various kinds of
first-class Meats and Fish, furnished in best
of style at the market, or delivered to any
part of the city. Orders given to the messen
gers, or left at the market, will be promptly
filled.
My endeavor will be. by prompt attention
and fair dealing, to please my patrons.
EeT"A 11 kinds of countrv produce taken in
exchange for goods, and delivered to patrons
free. J2?"Give me a call.
1 T. JEII,
CALEDONIA SALOON,
Comer of Front and A streets.
PORTLAND --- - OREGON
GSTLate butcher in the Central Market.
MISCELLANEOUS.
E. S. LARSEN
Wholesale ami J? e tail Grocer,
AND DEALER IN
CROCKERY, CLASS,
AND PLATED WARE,
Flour and Teed!
iSTI am now prepared to furnish the
choicest and best goods in my line, at the
lowest cash prices Patronage Is respectfully
solicited, References': My patrons.
E. S. LARSEN,
Wholesale and Retail Grocer. Astoria.
JPURE CIDER,
VINEGAR!
250 Gallons Pure Cider Vinegar,
in 25 Gallon Packages.
For sale by
JSfThis is the best quality of vinegar that"
Is made ; it is warranted pure eider vinegar,
put up by an Oregon factor, and persons in
want of a good article, wholesale or retail,
are invited to call on
E. S. LARSEN,
Cor, Squemocqhe and Cass streets, Astoria.
Is All This Blowim AW !
I HAVE JUST RETURNED
FROM THE EAST AND WILL
SELL MY GOODS AS
o:o::e3.a.:e
AC AW TTnTTOTS TOmTTTi irnvrr
kj aw X -U..UCJ.EJ 1X XZIJU ULJ.X
And am not going to say anything about it.
A Square Deal Guaranteed'
At the comer of Mam and Squemoqhe sts.,
ASTORIA, - OREGON.
Washington Market,
Main Street, Astoria Oregon,
BERGMAN D BEBJiT
RESPECTFULLY CALL TUB ATTEN
tion of the public to the fnct that the
anovo Market will always bo supplied with a
FULL VARIETY BEST QUALITY
FRESH AND CURED MEATS!
Which will be sold at lowest rates, wholesale
and retail. Special attontlon given to supply-
nc ship.
D. K. War rex.
C. A. McGuirk
Astoria Market I
Corner of Chenamusami Cassstreeta.
ASTORIA, OREGON.
WARREN & McGUIRE, Proprlotor
(Successors to Hobxon tfc Warren..
Wholesalo and Retail Dealers in all Kino- o
Fresh and Cured Meats!
A full HneofFnmHy Groceries,
CANNED FRUIT. VEGETABLES, ETC.
K3"T?uttor, Eggs. Cheese, etc. constantly
on hand.
S3r Ships supplied at the lowest rate3.
J. STRAUSS,
Importer and "Wholesale Dealer in
WINES AND LIQUORS.
CONSISTING OF
A A A OLD VALLEY WHISKY,
CUTTEIi WHISKY,
OLD KFNTUCKY BOURBON,
MABTEL BRANDY,
HENNESIE BRANDY,
GRAPE BRANDY,
HOLLAND GIN AND RUM,
ANGELICA, PORT, SHERRY AND
CLARET WINES,
PORTER, ALE, AND ST. LOUIS
BOTTLE BEER.
These goods will only be sold at wholesale,
and at lowest figures. Come and sample
them before purchasing elsewhere.
J. STRAUSS,
ASTORIA, .... OEEGON.
A
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