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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (March 22, 1879)
ft) ffixt ails Qstisxlmx. ASTORIA. OREGON: D. C. XRKLAXD Ertllor. SATURDAY March 22. 1870 The ice is said to be so thick, in some of the rivers in the east, that when it is removed there'll be no water. A Geneva" (Switzerland) letter says that American anthracite coal is rapidly coming into use in that city, both in private houses nnd factories. The latest organization for mutual protection is that of the farmers of Georgia and North and South Carolina, who have combin ed to resist the exactions of deal ers in fertilizers. Woman's Words says that Pres cient Eliot of Harvard universit, the cook in the Parker House res taurant, Bostor 5 & id Mary L. Booth, editor of Harper's Bazar, i each receive $4,000 a 3oar. The spirits who communicate with the living through the Banner of Light decline to tell where Stewart's body is. "We do not," says one, "propose to organize ourselves into a detective force." Among the speakers at a re cent Murphy meeting, in Pennsyl vania, were Thomas J. Maskell and Jeremiah Townsend. "Tom and Jerry" in the temperance ranks sounds a little odd. Of legitimate children born in Paris, the proportion of males rather exceeds that of females, whereas, in the enumeration of illegitimate children, who comprise one-third of the whole, the females vconstitute the majorit. Sporting men in Connecticut are alarmed at the discovery that there is upon the statute books a provision that every horse used in races upon which any wager is to "be laid or any purse or stake offer ed shall be forfeited to the state. A Council Bluffs girl, on sui cidal intent, asked for morphine in a drug store. The clerk suspected her purpose, and sold ker a pow erful emectic. She returned an hour afterwards, expressed her opinion of a man who would de ceive a distracted girl in that way, jmd demanded her money back. . The painter Karl von Piloty, is far advanced with his great work, the decoration of the Guild hall of Munich, and it is expected tthat Easter will see the labor com pleted. The frescoes represent the entire historv of Munich, and con tain portraits of all the eminent men and women who have con tributed toward the city's great ness and fame. Lord Chelmsford in command in South Africa, has issued an in teresting pamphlet in relation to the Zulus, whose fighting strength he estimates at 40,000. This is exclusive of a reserve corps of .seven regiments of men over 60. All Zulu youths have to serve in the army, and no soldier may marry until he is 40. Out of the 33 regi ments, ten are of married and fifteen of sinirle men. Nature announces the inven tion of a telegraph writing machine. When the writer at one end of the line moves his pen, a pen at the other end transcribes the words in jirecisely similar curves and mo tions, as though guided by a phan tom kind. Experiments have been entirely satisfactory, and at last ac counts the apparatus was soon to b made public before the British j-ociety of telegraphic engineers. 3S. A. Cowper is the inventor. Opinion by Jndgc Sliattnck. Submitted to the Columbia River Fish ermen Upon the License Larr. Published by Request. Portland, Oiiegox, March 15, 1879. ir. J. Weber and A. A. Cleveland, Committee, etc.. Anteria: Gentlemen : You ask for niv opinion in writing concerning the validity of the law as passed bv the last legislature, licensing tho taking of salmon m the Columbia river, etc. I have examined the subject ami submit the following : The act referred to is entitled "An act to "create the office of Fish Commissioner for "the Columbia river, to license the taking of "salmon in the Columbia river and its tribu 'taries, and to encourage the establishment "of hatching houses on the waters of the Co lumbia river for the propagation of salmon," v:is approved October iti, 1S7S, and is found printed in the laws of iS7s, at p:iges 1G-20. There are nine sections of the act. Section l provides for the appointment of a Pish Commissioner, defines his powers and duties, qualification, liabilities. Section 2 declares it to be unlawful to take or fish for salmon for traflic, barter or ale, with any of the appliances mentioned in the act and regulated and prescribed by the act entitled "An act regulating salmon fisheries in the waters of the Columbia river and its tributaries,' without first having obtained a license therefor. The rates of the license are fixed at : Ten dollars for a boat with a gill net ; ten dollars for each seine : fifty dollars for each weir or t nip; Two dollars for every dip net. These fees are chargeable to the owner or owners, and are for the season. Each and every net tender or fisherman, using a gill net must pay five dollars for a license for the reason. Licenses are not transferable and are good for the whole season. Section 3 provides for the registry of licen ses, requires owners of boats receiving licen ses to paint the number of their license on their noat ; punishes a failure to do mi by a penalty of ten dollars; reflates license fees. Section 4 provides for a fine of lift y dollars for every violation of the section requiring license to be taken out. Section .5 prescribes a punishment for em ploying a fisherman who has no license, or knowingly purchasing salmon from one not licensed. " Section 7 provides for a division of the fines between informers and the state. The other act referred to in the hIhjvc. for bids the taking of fish, that is salmon, by any means whatever during March, August or September, or during certain days in the months of April. May, June, and .Inly, and punishes a violation with a fine of not less ihan$KM)l nor more than $1,000 for the first offense, and $1,000 with imprisonment for each subsequent one. The section 2 of said act regulates the size of mesh in gill nets and seines, and the open ings in weirs and traps, and punishes a viola tion of the provisions with tines of S50'J to Sl.OtW for the first offense and for each sub sequent offense $1,000 with imprisonment. 1 he section 3 gives a moiety of the fines to the informer. Your association complains of the injustice and unfairness of tlse acts in their opera tion upon the fishermen of the Columbia river. And the statements contained in the resolutions of your meeting of March fith.as appears by the published proceedings, seem plausible and altogether probable. No doubt the prohibition of fishing during the months of March, August and September by any means, if submitted to will have the eirect'lo deprive many jwor people of what have always "liithcrto been a partial means of 2upporL during those seasons. No doubt the size of mesh required by the new law will result in much valuable web or net already made and partially worn being rendered useless and a loss to the owner, who may be scarcely able to bear any loss whatever. No doubt the prohibition to fish in March will prevent the usual destruction of stur geon, seal and other enemies of salmon. No dttubt .the prohibition to transfer a li cense will prove a hardship to the poor man who may become sick r be partially dis ables. It is unquestionable that tliere is a defect 5n the la" "in that a net is not defined, and as it stands -a twenty fathom pays no more than a five fathom. So too, boats are subject to the same license whether thev be five tons or fifty toas. So, also, it is practically un just io require uie same nceiiM lor one month, which U 'requires for three mouths. It is also unwise m the opinion of many people to provide in any law for a reward to informers, esneciallv where the uenalties to be divided are so large as to make two or three convictions more proutaoie to me in former than a whole season's fishing. The severity of the punishment are also by many deemed objectionable. And so one could go on and point out many provisions, which might have been better adapted to some particular condition of tilings, if some- uung uau oeen auucu, or someming leu uui, or some oualification annended. But the law is written as we find it, our representatives m the legislature made It, ;is they thought it ought to be. and the practi cal question for us, is it vaimv .Must we sun mil to its hardships and the injustice which it works out for us? The. imlv relief, niminst an unwise law. :i law permitted by the higher law. (that is the constitution,) but which is simply inexpedi ent, and unwise, or hard In its operation, is by an appeal to the legislature iuelf to undo Its work. If a law contravenes any provisions of the constitution or fundamental laws of the state, it may be declared void by the courts. Now, the 'laws under consideration are to be tested by reference to these rulesand first, it may asked : has the louislature power to control, regulate, or prolubit fishing for salmon in the Columbia river? The proprie torship of the state of Oregon, extends to the middle of the widest channel of the river, (constitution of Oregon, Art, XVI.) but its civil and criminal jurisdiction is concurrent with Wellington territory, over the whole river. (Same.) Now, the state of Oregon, by virtue of its sovereignly as a state in the union, owns the bed of this and all other navigable rivers within its limits. 14 Curtis Decisions, 310, 13; do. 402; 20 do. 5S8. As sovereign and owner, then, the state by its legislature may icgulate, and even pro hibit for such periods as it deems best, the catching of certain, or any kind of fish in its waters. 37, Maine R.. 472. c. Pickering, 87. The courts of New York say : "The peo ple in their sovereign capacity own the iieds of all navigable waters, within the state. They are held for the common benefit and to promote the convenience and enjoyment of all the citizens. One of ihe pur poses for which the people own tlie beds of suehwaters is to protect and rajutatc the rights of fishing in them. The Legislature may make such laws Tor this purpose as it deems most beneficial to the common enjoy ment of the right." Smith vs. Levinus, 8, N. Y., 473. The power of the legislature over the sub iect being conceded, the mode of exercising tie power is within their discretion, unless t 'ere be some provision of the constitution w ich limits their authority, or directs a m de of action. Cite legislature then, may pass a wise law, or -in unwise one a law that will cause no on any loss, or one that will interfere, or fcredc up some peoples business ; what ever is p issed is deemed the voice and wish of the m jority and must stand :is law. unless some co istitutional provision be shown that has be n infringed by the law. The authorities ev n hold and the rule is, that although so ic plain constitutional provision may seets to be violated by a statute, yet if there is do nt about it to any degree, the decis ion ought to be in favor of the validity of the stat ite. A. ... . wiether or not the statute in con- ItroTJisy infringes any provision of our state constitution must, bo finally .de- t-muu uv inn rniirTQ. 11 ir iiuiis au ujiuuhu the DrovisinnRnf ilin mnctituiion. the court! ought to, and will declare it so far void and of no effect But if it bo not contrary to the ' constitution, orl even if it bo doubtful, the , courts will not set it aside, although tncro may bo some injustice in its operation, and grent lack of wisdom in its provisiors. Mr. Cooley, a high authority upon ; constitutional law says ipa.qo ItiH. "Norcan.i a court declare a statuto unconstitutional and I void solely on tho ground of unjust and op- ' nresMve provisions, or becauce u is suppo.uu to violate tho natural, social or political rights of the citizens unless it can be shown that such injustice is prohibited orsuch rights guaranteed or protected by the constitution." And again ho says (page, 1'iSl. "The remedy for unwise or oppressive legislation within constitutional bounds is by an appeal to tho justice and patriotism of the representatives oi tne people. If this fail, tho people in ttiotr sovcrign capacity can correct tho evil ; but courts cannot assume their right8. Tho judi ciary can only arrest the execution of a stat uto when it conflicts with tho constitution. It cannot run a race of opinions upon points of right, reason and expediency with the legisla ture. Anv lecislntivG net. that docs not on- croach upon tho pow rs apportioned to other uupuruncnis oi tne government, ooing nunu facie valid must bo enforced unless restric tions upon the legislative power can be point ed out in thc'constitiwion and tho case shown to come within them." Now apply this doctrine to these statutes of whichyour association comphiins, and doubt less with good reason complains, and some in fringement upon a constitutioni 1 provision must bo pointed out or the statutes can be en forced. I have considered each of theso objection able features and compared them with the restrictions in the constitution. and 1 am un able to sec that any provision of the statutes however umvifc or severe it may bo is for bidden by tho constitution. The right of the legislature to regulate the fisheries must be conceded. Thoy must choose their modo to their wisdom, tho mixlc is referred. The pro visions complained of do not directly take aivay any mans property, except by way of a license tax, but the compensation provided is supposed to be tno propagation of salmon, thus perpetuating tho fish and the business, which might otherwise languish or be de stroyed. So of the other provi-ions complain ed of. They all fall within tho limits of tho power of control given to tho legislature. Taking this view of the subject 1 cannot fairly xdvio that tho laws in question will be pronounced invalid. On the contrary I am of tho opinion that the courts will pronounce them in all respect valid, and will enforce them. And bcinc of this opinion 1 am not justified in advising litigation that would prove expensivo, and most probably ffuitlcs to you. If however you determine to proceed and test tho validity of the laws, I can suggest no hotter modo for you to do it than the one you suggest, pay your license under protest and let one mako a case. 1 could find arguments and reasons enough against these laws, piopcr for a legislature to consider. But 1 must say frankly that 1 cannot find arguments against thes-o laws which tho courts will hear or act upon, and 1 therefore think 1 ought to de cline to bo retained in any litigation designed merely to test tho validity of the law. Yery respectfully yours etc L. D. Sh vttuck. Attorney at Law. NEW ADVERTISEMENTS. SITUATION WANTED. A young lady wishes a situation in a private family to do general hoiKewojk. Apply immediately at d-lt TniS OFFICE. TTOTICE. The annual meeting of the Li stockholders of the "Oregon and Wash ington Fish Propagating Co," for the purpose of ejecting a Board of Directors for the ensu ing year, will be held in Portland on Tuesday evening at 8 o'clock, April l, ls7a. JOHN ADAIR, Jit, President 0. & W. F. P. Co. For Tillamook, rruiE ai scnooNEit ALPHA, E. STARR.... Master. Is now ready to receive cargo for the above port, and sail on Tuesday, April 1, 1879. Rates for Freight. From Portland - ... SS 00 " Astoria C 00 For further particulars refer to Trenchard & Upshur, Agents, or to the Captain on uoaru. TOTICE. Sealed proposals will be re XI ceived at the office of the Auditor and Clerk of the citv'of Astoria, until Tuesday, March 25, 1879, at 2 o'cIock v. m. For the fur nishing of coal oil, chimneys, and wicks for the lamps of the city, and for lighting, ex tinguishing, and keeping the same in good repair, and for aeting as janitor of the city hall for one year from April 1, 1S7!. Bids must state the price per lamp per month for each street lamp, and the price per lamp per month for each lamp in the City Hall. Also, the amount per month for acting -is janitor of tlu Citv Hall. Each hid must also be ne i companicd with a guaranty, signed by two respuusiuie lax payers io uie euvci iiiui n the contract be awarded to such bidder, that he will within 4S hours after notice of such award enter Into contract therefor, with good and suflicient sureties in the sum of 500. for the faithful nerformance of the contract. The right to reject any and all bids is here- Bv older of the Common Council. R. II. CARD WELL. Auditor and Clerk. Astoria, March 20, 1S70. td BOATtDING PRISONERS. Sealed propo sals will be received at the office of the Auditor and Clerk of the city of Astoria, until Tuesday. March 35. 1870, at 2 o'clock r. M. For the boarding of the city prisoners for one year from April 1. 1879. Bids must state'thc nrice ner meal. Each bid must also be accompanied with a guaranty, signed by two respunsiuie tax payers m un- rueei iiiai if the contract be awarded to such bidder, that he will within -IS hours after notice of such award enter into contract therefor with good and sufficient sureties, for its faithful performance. The right to reject any and all bids is hereby reserved. By order of the Common Council. R. II. CAR DWELL, Auditor and Clerk. Astoria. March 20. 1879. td Special Notice. Star of the Columbia; A HIGH TEST KEROSENE. Turpentine and Varnish, Sail Cloth, Made expressly for light sail boats. For sale at ' G. W. HUME'S, .ASTORIA. - - - OREGON Ixadies Attention ! 1874 SPRING. SEASON! 1879. HAS OPENED AT The best selected stock ever before carried in tins city. DRY GOODS, CLOTHINC, BOOTS AND SHOES, HATS, CAPS. CROCKERY, GLASS WARE, CARPETS, MATTIKGS, A FULL LINE IN EACH DEPARTMENT. We call especial atttention to our extra large invoice of PRICES WAY DOWN. "WE SELL ONLY TOR CASH, NO CREDIT. NO HOUSE SHALL UNDERSELL ME. 33. 330. .A. 2V 33 XT 3E2. S- !E2 3FL , MAIN STREET, - - - - - ASTORIA, OREGON. Sole Aseiit for the Xew American Seivinp- Machine. BUSINESS CARDS. O. V. 15KLL. A. 3IKAC1IE". 1SKX.1j & MBACISJEX. Attorneys at Law and Notaries Public. Commissioner of Deeds for California and Washington Territory. A.storia, Oregon. Office Corner of Squemocqhe and Cass streets, up stairs, over E. S. Larseifs store. It. F. lEXXISO y- J- TAYLOU DENNISON & TAYLOR, ATTOKXEYS AT IAW. Astoria. Oregon. Office I'p stairs in Parker's building, comer Chenamus and Benton streets. F. D. AVINTON, ATTORNEY AT LAV. Office in City Hall Building. ASTORIA. OREGON. miss T t ;iixrj, (Late of California). Offers her services to the people of Astoria and vicinity as a teacher ot Instrumental and Vocal Hnsic 23yMiss Allen may be found at Mrs. M. Rogers boarding house, Cass street. p W. FULTOX, ATTORNEY AT LAAV. Office. Panes new building. Suuemouhc street. Astoria. Oregon. D R. F. CRANG, PHYSICIAN AND SURGEON, ASTORIA, OREGON. Ofllco Room ino. 7 over C. L. Farker's store. Opposite Dcment's drag store. TSII. J. AV. OLIVER, II OrEOI-ATIIIST, Office. In Sinister"; Daguerrean build ing. Entrance Second door above that of the Daily Astoriax. Cass street. Residence on Jefferson street, comer of Main. D OCTOR JIATCH, Successfully treats all Chronic Diseases. AND DISEASES OF "WOMEN AND CHILDREN. Cancer cured by a new and painless method. Office Chenamus street, comer of Main street, Astoria. D it. j. o'imiEX. CURES BILLIOUS AND INTERMITTENT FEVERS With from one to three doses of his harm less medicine. Also, Private diseases successfully treated. Office O'Brien's hotel, Astoria. Oregon. J. STEWART. Stone and Marble Cutter, ASTORIA, - - OREGON. All kinds of building work, and monumen tal work attended to promptly and to order. Satisfaction guaranteed. OTTO BTFNER, WATCHMAKER AND JEWELER. 31 VS REMOVED TO Main street, Tarker's building, ASTORIA, - - - - OREGON. Q.EO. LOVETT, CLEANING and REPAIRING PROMPTLY ATTENDED TO. Benton street, opposite Tost-officc. Astoria. Manufacturer of Boots and Shoes. All kinds of repairing neatly and promptly attended to MAIN ST.. - ASTORIA. OREGON MAGNUS C. CROSBY. DEALEK IN" Stoves, Tinware, and House Furnishing Coods. Hardware, Brass Goods, Lead and Iron Pipe, Pipe Fittings, Engineers Supplies, Sheet Lead, Iron, Copper Brass, and Zinc. Who is Elected? OF THE Great Eastern Saloon, COXCOMLY ST., ASTORIA. THIS FAVORITE BESORT HAS JUST been refitted and stocked with ALL THE JDESl JBJIAJXJDS OF Imported and Domestic Wines and JTaquors. Cisrara and. Tobacco. J3?" San Francisco Beer five cents a glass 00 AUCTION SALES. TP C. HOLDEN, Notary Public for the State of Oregon. Kcal Estate Agent and Conveyancer. Agent for the FIREMEN'S FUND INSUR ANCE COMPANY of San Francisco. COMMISSION AGEN1 and AUCTIONEER. Rents and Account? 'llrcteri. and rc- tnrns promptly made. Regular sales day. SATIKDAYS at 2 P. 2ST. N. R. Parties having real estate, furni ture or any other goods to dispose of either at auction or private sale should notif v me soon as convenient befor' the dav of sale. No storage charged on goods sob' at Auc-tln- r. C.IIOLbJN. t(t Amtioneer. MISCELLANEOUS. " i. "w. caseT IMPORTER AND WHOLESALE AND RE TAIL DEAIER IN GENERAL MERCHANDISE, Comer Chenamus and Cass street. ASTORIA - - - OREGON- ASTORIA CAKDY FACTORY A1 OYSTER SALOO X. HAVING ENLARGE!) MY STORE have now on hand the largest and best assortment of plain and French candies in town. aNo. all kinds of CAKES, CRACKERS AND BISCUITS, All of which I offer for sale at the lowest cash price, wholesale and retail at SCHFT.EER'S CONFECTIONERY. Opposite the bell tower. Retail candy from 2". to 75 cents per pound. Fresh Eastern and Shoalwater bfty oysters served m every style. 1ITART1X t MAYXES, CRYSTAL SALOOX, On the Roadway, - - Astoria, Okrge: 5?"The very best quality of wines, iquora and cigars at wholesale or retal. Astoria Liquor Store, AUG. DANIELSON, Proprietor. "Water st. Roadway, - Astoria, Oregox. Importer and dealer in WINES, LIQUORS, FOREIGN AND DOMESTIC CIGARS. Sole agent for the celebrated STONEWALL WHISKEY. GERMAN1A BEER HALL A2l BOTTLE BEER DEPOT. Ciikxamus Street. Astoria. Tho public nro invited io en ft nnrt ienvo their orders. Splendid Lnger 5 cents a glass. Froo Lunch every night. AVM. ROCK & Co.. Proprietors. GEORGE ROSS' ? Billiard Koom. irk ? The only P.illiard Room in the city wheitt no liquors are sold. NEW TAIJLE JUST PUT XV. GEORWiS hasacosv place and keeps on hand ti Lest brand o'f Cigars. Also, soda, canuy. nuts. etc. Opposite Altnna Chop House. 95-tf GEO. ROSS. PropneTor. o- a", smith:, (IX THK ASTORIAX IiUILHIXG) HAS JUST RECEIVED A LOT OF NEW goods, consisting of MEN'S AND ROYS CALF AND KIP BOOTS Buckle and Congress Gaiters, Women, Misses and Children's BTIXFOEar BOOTS, Which will be sold at the very lowestp rices IT IS A POSITIVE TRUTH That housekeepers can do better by dealing with J. K. WIRT, on Main street, as he keeps the best of FRUITS, CANDIES, NUTS, LIQUORS AND CIGARS, SAIOKED SALMON, BOLOGNE SAUSAGE, JERKED ELK MEAT. And also from Clatsop every other day ERESH BUTTER, EGGS, CHEESE, CLAMS, DUCKS, CHICKENS, And everything that is needed in the cook ing line at t'he lowest living prices. Call and exanuue before purchasing els -where. K. WIRT, NSC I J mr 4. V ' As