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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (March 27, 1879)
Astoria, Oregon, Thursday Morning, March 27, 1879.
5an $ rij
Pacific Coast Dispatches.
It is now stated that God
ihaux Bros, have ofTered their
creditors 10 cents on the dollar
for their various accounts. The
offer has been rejected for the
present. The houses of Samuel
Leszynsky & Co. and Kennedy &
Durr was sold by the sherff Tues
day afternoon. The stock, etc.,
was purchased presumably by
creditors. Nothing has been done
regarding S. Mosgrove & Co.,
whose store is still closed. They
are still endeavoring to secure a
Early on Friday morning last
a collision took place about six
miles off Cape Flattery between
the ship Mercury, bound for
Nanaimo, and the barkentine
North Bend bound forPuijet sound.
The Mercury was towed to Nanai
nio where she will receive necessary
repairs. She hails from New York
and was on her way up from San
Francisco at the time of the collis
ion. The North Bend proceeded
to Puget Sound and it has not yet
been ascertained if she sustained
company's stage from the
met with an accident in
slouch fifteen miles
south of Canyonville on -the 25th,
in which they got six horses drown
ed. The locked mail and express
are reported saved. No lives lost.
In the Supreme court proceedings of
the 24th, we find as follews:
W. W. Parker and J anies W. "Welch,
executors of James Welch, deceased,
ct al, respondents, vs. J as. Taylor ec
al, appellants; appeal from Clatsop
county. This suit was commenced in
the life time of said James Welch, in
his name, and upon his death the
present xdaintiffs were substituted.
Plaintiffs, except Parker, are the
owners in fee simple as tena.its in
common of lot 1 in block 135, and
lots 5 and G in block 134, and all the
tide land in front thereof, all in the
town of Astoria.
The lots in question were conveyed
to James Welclf by J. M. Shively and
wife, the same being a part of their
donation claim in 18G0, and the tide
land was purchased by James Welch
from the state of Oregon. The de
fendant, James Taylor, claims a strip
of land in front of these lots entirely
covered by the waters of the Colum
bia river and wholly below ordinary
low water mark, by purchase from J.
M. Shively long after said lots were
sold and conveTed to James Welch.
Upon this strip of land Taylor erected
a wharf by driving piles, etc.
The plaintiffs brought this suit to
enjoin defendant, Taylor, from erect-
a j-4 a m w -w .r 4- v n - coin W ll ) T. IT!
incr arm maintaining saia wnari in
front of said premises. Defendant's
demurrer to the complaint was over
ruled. Defendant then filed his an
swer. A replication was also filed and
the testimony was taken and the cause
was tried, resulting in a decree for the
plaintiff, from which decree this ap
peal is taken.
Syllabus. A defendant who de
murs to a complaint, and his demurrer
being overruled, answers, waives all
the grounds of his demurrer, unless it
be to jurisdiction of the court, or that
the complaint does not state facts suffi
cient to constitute a cause of suit. A
natent to lands bordering on the Co
lumbia river where the tide ebbs and
flows, extends only to ordinary high
The lands lying between high and
low water, over which the tide
ebbs and flows, belong to the state.
The owner of land lying on a navigable
river and within an incorporated town,
has the exclusive right to purchase the
tide-land in front of his land, and
build wharves extending beyond low
water to where ships can come and
ride in safety.
The corporate authorites within
which such wharves are constructed
have the power to regulate the man
ner of constructing and using the
same. A person purchasing land from
the state oyer which a legal highway
is located or established, takes the
land subject to the right of passage by
the public land.
Land covered with shoal water may,
under proper regulations by the state
and municipal authorities, be reclaim
ed from the sea by filling in, or by
driving piles and building on them,
and become private property and the
subject of sale the same as other
property. The decree of the court
below is affirmed. Opinion of Boise, J.
Ordinance Xo. :i"Z'Z.
AX ORDINANCE to amend Ordi
nance No. 2.VJ, entitled "An Ordinance
to provide, fur licensing and regulating
bar-rooms and drinking shops.
The C7y of Arforia tinea ordain as Mew:
Sue. 1. That Mctioii one of Ordinance
No. 2.VJ of the city of Atoria. entitled
"An Ordinance to 'provide for licensing
and regulating bar-rooms and drinking
shops be and is herebv amended, to read
as. follows, to-wit: 'l'liat no person or
persons in this city, directly or indi
rectly, in person or by another, shall
sell, baiter, or deliver, or shall know
ingly permit to be sold, delivered or bar
tered for. or on his or 1 heir account, any
wine, spirituous or malt liquors, in less
quantities than one qitait, without first
having obtained a license therefor in
the manner hereinafter pro ided. Every
person who keeps malt, wine or spiritu
out liquors for sale, in less quantities
than one quart, either as his sole busi
ness or in connection with some other
occupation shall be deemed a keeper of
a bar-room or drinking shop within the
intent and meaning of this Ordinance;
provided that this Ordinance shall not
apply to the drug store in this city.
Skc. 1. That section two of said Ordi
nance above referred to shall be, and
the same is hereby amended to read as
follows, to-wit: That every person or
persons applying for a license to sell
malt, or spirituous liquors or wines,
under the provisions ot this Ordinance
shall pay into the city treasury the sum
of two hundred dollars for one year;
provided that no license shall be granted
for a less period than one year.
.Skc. :j. That section five of said Ordi
nance above referred to shall be and the
same is hereby amended to read as fol
lows, to-wit: That any keeper ol a bar
room or drinking shop, who shall per
mit any breach of the peace, or disturb
ance of public order or decorum, by
noisy, or riotous, or disorderly conduct,
in the bar-room or drinking shop, or
who shall sell or give any intoxicating
liquor to any person already intoxicated,
or to rmy person under the age of legal
majority shall be deemed guilty of a
misdemeanor and upon conviction there
of shall be fined not less than twenty
live nor more than fifty dollars, or be im
prisoned in the city jail not less than
ten nor more than twenty days, and
shall forfeit the license to such bar-room
or drinking shop; and any person or
persons convicted of a violation of the
provisions of this section shall not be
permitted to take out a license for the
period of one year.
JSkc 4. Any keeper of a bar-room or
drinking shop, who shall permit or em
ploy any woman to act as waitress or
bar tender, or sing, or dance, or serve in
my other capacity in such bar-room or
drinking shop, or who shall allow any
woman to remain or loiter in such bar
room or drinking shop, or who shall
permit any lewdness or indecent con
duct, or any model artist exhibition in
such bar-room or drinking shop shall be
deemed guilty of a misdemeanor and
upon conviction thereof shall be fined
not less than twenty-five nor more than
fifty dollars, or be imprisoned in the city
jail not less than ten nor more than
twenty days, and shall forfeit the license
to such bar-room or drinking shop.
Si:e. .". That the following sections be
incorporated into said Ordinance No.
252 as sections : and 4 of said Ordinance.
Sec. :. Before a license shall issue as
provided for in this Ordinance the ap
plicant shall file with the Auditor and
Clerk a bond in the sum of five hundred
dollars, with two or more sureties to be
approved by the Mayor, payable to the
city of Astoria, conditioned that he will
keep an orderly house, and will in all
things comply with the provisions of
this Ordinance during the time speci
fied in the bond. Attached unto said
bond shall be an affidavit, verified bv
the sureties thereon, to the effect that
they are householders or freeholders
within the city of Astoria, and are, in
aggregate, worth at least double the
amount of said bond, oer and above all
debts and liabilities and property ex
empt from execution.
Sec. 4. The Treasurer of the citv of
Astoria is hereby prohibited from" re
ceiving any moneys for liquor licenses,
until he shall be notified bv the Auditor
that the applicant for such license has
filed a bond as required by this Ordi
nance. Sec. (. That this Ordinance shall take
effect and be in force from and after its
passage and approval by the Mayor.
Passed the Council March 22, 1870.
Attest : It. H. CA R DWELL,
, , Auditor and Clerk.
Approved March 24. 187.
J. II. D. GRAY,
WANTS, LOST, FOUND, ETC.
LAUNDRY FOR SALE.-Inquire at the
Astoria Steam Laundrv.
J.T. BOUCHERS, Proprietor,
OUSE TO LET. A nice residence, new,
containing six rooms, will be ready for
a tenant any time on short notice.
For particulars inquire at
55tf THIS OFFICE.
"JWTOTICE. The annual meeting of the
JJk stockholders of the "Oregon and SVash
ington Fish Propagating Co." for the purpose
of electing a Board of Directors for the ensu
ing year, will be held in Portland on Tuesday
evening at 8 o'clock, April 1, 1879.
JdHN ADAIR, Jn.,
President 0.&AV. F.P.Co.
BANKING AND INSURANCE.
BANKING AMD INSURANCE.
E W. G&JB'gZ
Exchange bought and sold on all parts of
the United States and Europe.
OFFICE HOURS-From 8 o'clock
until 4 o'clock i 3i.
Hie Mutual Insurance Co.,
J. F. noroiiTox.. .President
Ciias. II. Stoky Secretary
Hamilton Hrivu. i. Vents for Oregon
Office Northeast comer of Stark and First
streets, Portland Okegon.
Net Cash received for Fire Prem
iums in 1ST7 $3X5,511 01
Assets, Jan. l, 1873 .'. . $578,065 S
Lottos xnpnid $3.G38"T7
Dividends " 1.1Y.7 00 HJjQZ 37
Surplus fur Property Holders ?o72,470 47
losses paid in Oregon in six years$ll4,5lG 72
I. W. CASE, Accent.
LIVERPOOL AND LONDON AND
NORTH BRITISH AND MERCAN
TILE OF LONDON-AND
OLD CONNECTICUT OF HART
COMMERCIAL OF CALIFORNIA
FIRE INSURANCE COMPANIES.
Represcntins a capital of SG7,000,000.
A. VAN DUSEN. Agent.
Capital SI 2,500,000.
MATT H. SIBSON, Agent,
ORGANIZED IN 1$63.
Tola! Losses Paid Since Organization.
E. C. IIOLDEN, .Agent.
C. H. BAIN & CO.
BEING XOWFRERARED "WITH greatly
increased facility to furnish the public
with all kinds of
Seasoned A No. 1 Lumber,
Boat Liier, Boors, WMow $,
And all kinds of hard wood at very low rates,
Asks an examination of their prices and
large lot of goods which will he sold low for
Steam Mill Near Weston Hotel,
Cor. Kcncvive and Astor streets.
West-Eighth Street, near the O.
S. X. Cos IVhnrr.
JOHN V. "WELCH Pr.OPKirrron
ERAL ASSORTMENT OF FAMT-
lv 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 citv. Orders given to the messen
gers, or left at the market, will be promptly
Jlv endeavor will be, by prompt attention
and fair dealing, to please my patrons.
f-AIl kinds of country produce taken In
exchange for goods, and delivered to patrons
free. ESGive me a call.
Q. T. .REUt
Corner of Front and A streets.
PORTLAND - - - OREGON
fi3-Late butcher in the Central Market.
HAVING JUST RECEIVED A new stock
consisting of a splendid assortment of
Dress Goods, Fancy Articles,
Ms' IUMISHM GOODS,
Hats, Caps, Boots and Shoes,
Queensware, Jewelry, Etc., Etc.
We respectfully invite the public to call and
inspeet the same.
We have also receved a large stock of fine
"Which we are offering at San Francisco
wholesale prices. Very repeetfully.
A. VAN DUSEN & Co.,
Cor. Cass and Jefferson sts., Astokia, Ogn.
VAN DUSEN & CO.,
HAVE A SPLENDID STOCK OF
Consisting of a great variety of goods for
both ladies and gentlemen.
If You Want to Select a Suit of
From the very best stock in the city call at
Are Agents in Astoria for the SINGER and
Large stock constantly on hand.
CITY BOOK STORE,
MAIN ST., ASTORIA.
CIIAS. STEYItffS & SOS
stock, Just laid in
The Finest Selection !
The Cheapest Prices !
The Greatest Worth!
LADIES' DIARIES AND PURSES
COMB AND BRFSn POCKETS:
CUTLERY. JEWELRY, CHARMS,
LADIES' FANCY BOARD. ETC.;
GOLD PENS AND PENCILS;
PAINT PENCILS, GUTTAPERCHA
EXCELSIOR DLVRIES, BLANK
BOOKS, STATIONERY, ETC.
fi3AH goods sold at lowest cash prices.
CIIAS. STEVENS & SON.
City Hook Store to Main street, two doors
from the Pioneer KcMaurant. opposite the
bakery of Irs. C. Binder.
And Dealer in
AI.SO IMrOKTER OF
CARPETS, OIL CLOTHS, WALL
PAPER, SHADES, .etc.
C5?"All kinds of repairing promptly at
tended to. and furniture made to order.
JSA full line of picture mouldings and
fiames. brackets, winnow cornices, etc.
JSTull stock and lowest prices, corner of
Squemocqha and Main street. Astoria.
W. E. DEMENT,
Carries a fall Assortment of
Drugs, Patent Medicines,
PAINTS, OIL AND GLASS.
Prescriptions filled with care Day or NIgjiL
CST Manufacturer of Fishermen's Relief.
A sure preventative of Chapied Hands, and
cure for Fish Wounds.
Pish Commissiiioners Xotice.
-ftTOTICE IS HEREUY GIVEN THAT
i-l the undersigned, having been duly ap
pointed tleputv for ClatMjp 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 Sqcniocqlie streets. Astoria. Oregon.
Persons sending in applications for licenses
will please send No. of boat and the name of
the fisherman or captain of the boat.
H. B. FERGUSON.
Deputy Fish Commissioner.
!FIsh Commissioners Notice.
TnE UNDERSIGNED FISH. COMMLS
sloner for Washington territory, hereby
gives notice that he will visit all the canner
ies on the Washington territory side of the
river, from the first to the twentieth of
March, and after that will be at Brookfield
for the rest of the season.
ALBERT F. STREAM.
North Cove, W. T., Feb. 17, 1S79.
E. S. LAESEN
"Wholesale anil Jlcta.il Grocer,
AND DEALER LN
AND PLATED WARE
Floiir and Feed !
CS"" I am now prepared to furnish the
choicest ami best eoods in my line, at the
lowest cash prices. Patronage is respectfully
solicited, References : IUy patrons.
E. S. LAESEN,
Wholesale and Retail Grocer. Astoria.
250 Gallons Pure Cider Vinegar,
in 25 Gallon Packages.
For sale by
CThis is the best quality of vinegar that
is made ; it is warranted pure cider 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 Bloiii Atat !
I HAVE JUST RETURNED
FROM THE EAST AND WILL
SELL MY GOODS AS
: -.siTrTT5 S Ti
rr? m' T -"5?
AS ANY IIOFSE IN THE CITY
And am not going to say anything about it.
A Square Deal Guaranteed
At the comer of Mam and Squemoqhe sts.,
ASTORIA, - OREGON.
Main street, Astoria Oregon,
HEIiGMAJST G JDEHRY
"PESPSCTFULLY CALL THE ATTEN--IXtion
of tho nublic to tho fact that the
above Market will always be supplied with a -
FULL VARIETY BEST QUALITY
FRESH AND CURED MEATS !
"Which will be sold at lowest rates, wholesale
and retail. Special attention given to supply-,
D. K. Wahrex.
C. A. McOuiee
Astoria Market !
Corner of Chenamus and Cass streets.
WARREN & McGTJIRE, Proprietor
(Successors to Ilobsun tfr TTctnro.
"Wholesale and Retail Dealers in all klnas 0
Fresh and Cured Meats!
A full line of Family Groceries,
CANNED PRUIT, VEGETABLES, ETC.
xSJ" Butter, Eggs, Choese, etc. constantly
xsr Ships supplied at the lowest rates.
Importer and Wholesale Dealer in
WINES AND LIQUORS,
A A A OLD VALLEY WHISKY,"
OLD KENTUCKY BOURBON,
HOLLAND GIN AND RUM,
ANGELICA, PORT, SHERRY AND
PORTER, ALE, AND ST. LOUIS
These goods will only be sold at wholesale,
and at lowest figures. Come and sample
them before purchasing elsewhere.
ASTORIA, .... 0BE60N.