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