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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (April 18, 1879)
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ISSUED EVERY MORNING,
B. C. ntEEAXD : : PITISLISSICIS.
Asioriau. BuUdinq, diss Street.
Terms of Subscription ;
berved by Carrier, por tvoofc.. 25 Cent.
Sent by mail, four months ? X)
Sent by mail, .ne year 'J OU
free of I'osiaco tf subscribers.
car Advcrtieoments inserted by the yoar at
tho rato of 51 ."' por square per month.
Transient advertising, by tho day or weok.
fifty corns per souaro for each insertion.
TllK DAttY AST'MMAX Mil ItC sent hf
mail at 'Scents a month, freenf jyostagc. Reno
cm who cmitf .opiate absence from the city can
have The Astokian follow them, Daii.v
or Wkkkia ali t ions to ami post-office with
mti, aatiUUmal u71a1.se. Addresses man he
enanyed as aftm as nttrcL Leave orders at
the ctmntina room.
A. F. and A. 1. Xotlce.
A reaulnr communication of Temple
LodaeNo.7. will he held on Saturday
evening. l!th inst., at half pa.st seven.
A 11 mcmbirs arc requested to bo present
:is special financial biiMncss will he un
der consideration. I5y order W. M.
E. C. IIoldk.v, Secretary.
Get your baskets filled for a little
money at Bai ley's.
New invoice of those Medallion
JLanges at Magnus C. Crosby's.
Five thousand yards Embroideries
from r cents upwards, at Hamburger's.
Twelve yards Chinese Grass Cloth,
CiG inches wide, for one dollar at Ham-
P. J. Goodman, on Main street, lias J
iust received the latest and most fash
ionable style of gent and ladies boots,
Parties in want of sood Cedar
ngles will do well to apply to II. C.
A new lot of full bound blank, and
?ceipt books, specially for use in c:
eries, at the City Book store.
Incoming passengers there are 1800
A full house greeted the livers
Sisters Combina.i m at Metropolitan
hall last night. They are "way up,'
every body will want to go to-night.
Secure seats early.
o..i.k41 ...:,. - or.K,.4;o
hall will' be conducted 'by the "pastor,
Itev. E. N, Condit. Morning service at
10 o'clock; eve i gat 7: 10. At the clote
of une luoniiug se.-vices, me sacrament
,.r !. I ......IV,. w. ...ill l.n o,I., ,;.;.
tered. The preparatory lecture will be
given at the hall on Saturday afternoon !
at 2 o'clock. .Sabbath school as usual,
All cordially invited.
The steamer Ord way will leave Hus
tler's dock .Sunday morning. April I'Otn, ;
sit 5 o'clock, with the livers .Sisters com-:
Urination for Portland, reluming Mon-'
day with the Primrose troupe, affording
u good opportunity for parties wishing
to make a pleasure trip to the metropolis.
Will leave Portland on return Monday
at 1) a. m. Pare for the round trip . 00.
tlie capture of "the scalawag Itaybuni J
fvery thin on 1oj of head), almost bald :
smooth shaved: beard sandy: hair short;
complexion auburn ; aged :il years.
-The little schooner II. C.
out on the. 2d from .San Francisco, with
anartv of twelve jienllemen bound for
theFarilones on a pleasure trip. On get
ting out in that neighborhood it was
found to be very rough and disagreeable,
and the vessel was run in toward Bolinas.
On arriving in that vicinity, in the even
ing, two anchors were let go, but she
dragged ashore and became a total loss,
the'parly having a narrow escape with
their lives. The vessel was owned by
Oapt. Mullett, and has been engaged
3eal-huuting. She was not insured.
A magnificent stock of jewelrv
Baby carriages of the best styles,
:md at low prices, at Loeb's.
Call at Adler's and secure a cro
quet Bet. Cheaper than ever.
Books and stationery of
variety, the best, at Adler's.
See late specimens lightning pro
cess of photographs, at H. S. Shuster's
Boat sponges, wholesale and retail
at Dements drug store, Astoria. Five
thousand just received.
Best Salem Hour is sold in this
city at $5 50 per barrel by Warren &
Warren & McGuire have the
early rse potatoes for seed. Farmers,
please remember this.
Wall-receivers, brackets, and a
splendid lot of picture-frames, at Ad
ler's, almost at your own priee.
- -To make room for a large invoice
of baby carriages on the way, Adlerhas
reduced the prices considerably on
what lie has now.
oi wuoiuiuc ionoju isnueeiipuon:i . n,r ,,., ... aa u.,iimif fmn(. niost or uie states, impeacnment is tne
Hfchi.r,fiH dld;70Utanc proceeding by which public-officers are
Shouldm- 5ts we should be accused , Amoved from office. It is a written
face- souare cWarhair (lark brown of II sl)infc of unfairness; but as mem- accusation by the legislature against
City Council Affairs.
In the minutes of the proceedings
of the common council, as published
yesterday, the following eccurs:
The decree of the circuit court re
instating Mr. W. V. Parker as mayor
of the city, was read and riled.
A resolution was then read, and
unanimously adopted, reseating Mr.
Parker as mayor, whereupon a com
mittee w;ls appointed to conduct him
to the seat which was then tilled by
him and business was proceeded with.
The decree of the court, above re
ferred to, was published the day pre
vious, and we did not consider it at
d!l necessary to reproduce it in that
connection. It is as follows :
DKCKEE OF THE COURT.
In the Circuit Court of the suite of
Oregon for Clatsop county, in vaca
tion after January term 1S79, April
V. V. Parker, plaintiff, vs. the
citv of Astoria and and John MeCann,
J. H. D. Gray, J. F. Nowlen, C. W.
Shivery, John Halin and C. A. Mc
This cause having been, on the 2Gth
day of February, 1S79, submitted upon
the petition and alternative writ, and
defendant's demurrer thereto, with the
proofs, was then and there argued by
counsel on both sides, the plaintilfap
pearing by Mr. J. Q. A. Botvlby and
Mr. E. D.- Shattuck his attorneys,
and the defendants appearing by Mr.
J. W. Bobb and Mr. C. W." Fulton,
their attorneys, and the court having
duly considered the niaUcr and being
fully advised in the matter, it is here
now considered and adjudged by the
court that the demurrer to the pe
tition and alternative writ herein be,
and it is overruled and that upon the
allegations and facts admitted on the
pleadings, the plaintiff, V. W. Parker
is entitled to iud"mcnt and to the
Peremptory writ prayed tor, and to Ins
costs and disbursements.
It is therefore here now ordered and
adjudged, that the defendants, the
city of Astoria and John MeUann, J.
"l "-11"'1' ,l"u ( u" l Qr
;H. D. Gray, J. F. .Nowlen, C. Slnve-
"? uim Y' mn ami otmu
jj.-uiu, uumg uieiiioers 01 anu. constitu
ting the common council of the city of
Astoria, do admit and restore V. V.
Parker to his office and place as mayor
of said city and ex-oflicio president of
the common council, and that said W.
W. Parker be by said common council
and by the defendants ;is members
thereof, recognized as mayor of said
city, and ex-oflicio president of said
uuimmm uwuiiuu, wnu .iu mu
rlgihts, privileges and authority to
said office appertaining, and that
the writ heretofore issued here
: -iw niMPt.nni nin, nA fK-f.
" "- iwvuiMwii, " ..lie; ft, wwi."
iwitkftt ill nriT onrl thof i
emptory wnt do issue without delay,
and that the defendants do imniedi-
ately comply with and obev this order.
It is further ordered and adjudged
that the plaintiff do recover and from
the defendants costs and disburse
ments, taxed at dollars and have
(Signed) C. B. Bellinger, Judge.
It will be observed that the court
makes it the duty of the council to take
j nab aiiuu atuua ua la lupunvu uuovu,
is fche custonl with "s, wej
simply published a synopsis of pro-i
bers of the council think we have done
them nersonal iniurv bv not mihlish- i
ing the resolution in full, and make
fi, -,, .;,., ..... ,irt ert iw.. :h .
I -i , , .
Astoria, April lf. 187!).
ujiBKE.vs, uii me :u uay oi .janu-;
arv. 1.S7H. charues were nreferred nr:iinsr.
..-''..- . .. . O
YV W- I'iirU-iT. ninvnr r t ho itv mii.1
Whereas, Alter due examination and
testimony of prominent citizens of this
city, the charges above icferred to were
o.uiycoiiMuereu as proven, ami ine sain
. YY. 1'arlcer was declared by the com -
mon council to be removed from the of-;
fice of mayer: and
Whereas, W. W. Parker applied to
the Circuit court of Clalsoj) county to be
reinstated in said ofhee or mayor, and
upon the representations of attorneys in
behalf of said W. W. Parker and the.
city of Astoria, before lip. Hon. C. B.
w. -i.in'cui, "wn ! iiiji. V. j. j
inger, judge of the Circuit court of
jjuiiuincr, juuuc oi me vircim
'lire of'mavor. for the reason tlmt iu
common council had no jurisdiction lo
Iicsolvcth That we. the
the city council of
the city of Astoria
,. U.Parker to act
nave no commence m
rti i ltil if t F fnwl '
'..,..,.... c..?i ;.' lmV fi..,f ;,.,i..-:
ruuune liic mayor, ne oemg a puonc oin- ! on In. U. b. 17b.
cer, ami uiu uotueeme upon uie cnariies Tim .1ioit-m i-f
l,,r,.f,.ii-,.,i .... fi,rt 4tiiti.k,x- ;,. .... 7u . -Llie cnarcei or
every -.. w..... 4 .w proviJe3 thafc
deference to the decree of the court, said thus imposed makes the office a public
V. V, Parker is entitled to bis seat as; one. It is immaterial whether any
mayor, and is hereby invited to take his ' service shall be actually performed
seat as such mayor. j by the mayor llofc peculiarly local
We regard any man, or body of men or corporate. He is charged with re
good citizens, who will obey the man- sponsibility to the public, outside of
dates of the courts, and the laws j corporation and the state. He has a
governing the country in which they 17 concer?inS thftt Vub ie l)U,b
f. .. , r , . J lc ave an interest in the office, by
live, and instead of considering that reason of the duty thus specially en
tile council had "taken water," as joined.
some seemed to think yesterday on ! The demurrer is overruled and the
reading The Astoria, we believed ' P?ioner jvUl have judgment as pro-
then, as we believe now, that no such
inference could be drawn by any
sensible person, on reading our ac
count of the proceedings. Concern
ing the wording of the resolu-
tion, as we give it to-day, we
have nothing to say. The council
I probably thought it was necessary to
write it as written; but of one thing
we beg to assure them, we certainly
had not the slightest intention of
"slurring" or "offering insult," when
we neglected to print the resolution,
which we had not seen nor heard read,
as we were not present at the meet
ing. The ' Glidings " of Judge Bellinger
in this-case "never occurred" to us,
but we quote from the records as fol
FINDINGS OF JUDGE BELLINGER IN THE
CASE OF W. W. TARKER VS. COilMON
COUNCIL OF ASTORIA.
On the loth inst. we gave the decree
of the Circuit court in the above-entitled
case, as above. The following is
a portion of the reasons given by the
judge for issuing such decree :
After examining the distinction be
tween the mandamus writ and the
writ of quo warranto, the court pro
It appears from the petition that
Parker was the legally elected mayor
of the city of Astoria at the time al
leged, and that he was removed from
the office by the common council.
If this power of removal rests in the
council, then upon the petition there
is nresented such a dispute as cannot !
he tried bv this writ, and the proceed- !
ing by which that power was exercised
must be reviewed in some other way.
If no such power exists in the com
mon council, then there is no colorable
pretense to justify the withholding of
the office from Parker.
It may be said that the question as
to the authority of the council to re
move the mayor presents in itself such
a fair ground of dispute as brings the
case within the rule of disputed titles;
but to allow this would be to deny the
writ in ever3T ease of intrusion into an
office, or withholding thereof when
there is a mere claim of appointment
without an appointment in fact, or
when appointment is a void one. -
In quo warranto, the court will go
behind the certificate or commission,
and decide the legal rights of the par
ties upon full examination andinvesti
gation of all the facts.
But if the certificate or commission
under which the intruder claims is
merely colorable and void, it does not
present such a case of fair dispute as
requires the mil investigation or quo
warranto, and mandamus will lie. (2
Dillon M. C, G80.)
I he question then is, has the com
mon council the authority to restrain
Parker from discharging the dtuties of
the office of mayor, or not? If it has
the authority, then the court will not
inquire in this proceeding whether
that authority was properly exercised
or not. If it litis iwt authority, there
must be judgment for the plaintiff.
Sue. ID, Art. 7, of the constitution
of this state provides that public offi
cers shall not be impcadicd; but mcom-
petency, corruption, malfeasance or
delinquency in office may be tried in
the same manner as-criminal offenses,
and judgment may be given of disiuis
Is111 rom mf' a"d f"rther RJT?1-
: niiiir. ?ia mnr h;irn Hmoii npf5nn hpf i hv
Under the constitution of the IJni-
ted States, and under many if not
some officer, for some malversation m
offic, with a view to his removal
any removal of a public officer by the
must be in
i the constitution; for it cannot be ad-
. nutted that the common council oi As
tor a possesses greater nower than the
i -ci ,rflll. u i,:,.i, ;h wnQ Wflfri
' "-""' "j """" , . ' . '
uml observance of which it acts,
Every man is a public officer who
hath any duty concerning the public,
: aml he is not fche less a pllblic officer
, X - a . .. ...
Jvhen hls duties are co"h"e? to 11!irrmN
, limits. (7 Bacon's ab. 2S0.)
j In this country the officers of mu-
jii L1113 country LOC uuittia ui m-
nicipal corporations are, in many re-
w P"" m ei with
! duties which concern both the corpora
tion and the public at large. (Dillon
the city of Astoria
the mayor shall per-
i torm such other duties, in addition to
. those prescribed therein, as shall be
; prescribed by any law of the United
Ur,ltI ,. -f th fc.tR. The dnt-liiS
Stales, or in this state.
i viuuu uy liic auiw.
Heply of Mayor rarker made on
taking his seat, in answer to the reso
lution of the council requesting him
thereto, is as follews: 1
"Gentlemen of the Ceuncil: I
should not have brought any suit in
impeachment. If the mavor of ! liquor, shall be deemed girlty of a mis
iimm ic o rmbliV nffippr fhpn fill ul ,ul ulllu """ "I"'" in ".iiwii imirwi.
iii.i is a public otncer,tnen tnu I sh;iU ln,fuUMlnot less than twenty-five
comes witlnn tne lnmoition or ir lll(ir1 ,..... OIIO i,mimi dellars: and
this case, or sought to retain this office,
except in -obedience to what I think is
the wish of a large majority of the
best and most substantial people of
the city, including many who never
voted for me, and in fulfillment of
my duty as rightful mayor of the city.
In regard to the lack of confidence in
me, so ungentlemanly embodied in
your resolution, and voted for by a
majority of you, I think that the his
tory and results of our doings pjainly
indicate that 1 have greater cause for
lack of confidence in you than you
have for such lack of confidence in
And now, that we have got through
with "the whole business" "on the
square" we cannot express ourself
that is to say "us" better than to
elucidate a point made years ago in
southern Oregon. When John Steers
wanted to ride a certain mule across
a hridge, and the mule wanted to ford
the stream. What was the result.
J ohn walked: We rest.
Ordinance Xo. 324.
An ordinance to extend the time, in
which the city assessor shall make and
return to the auditor, the assessment of
all property subject to taxation by the
city of Astoria, and to extend the time
in wnicn persons ucemin" inemseives
aggrieved bv the assessment, may make
application for correction thereof.
The City of Astoria does Ordain as folloics;
Sectox 1. That the time in which the
city assessor shall make and return to
the auditor, the assessment of all
property subject to taxation by the city
of Astoria, shall be and is hereby ex
tended for the year 1S7D, until the first
day of May.
.sec. 2.' That the time in which any
person deeming himself aggrieved by
the assessment," or valuation of property,
may apply to the common council for
eoircctioif thereof, shall be and is hereby
extended for the year 1871), until the loth
day of May.
Passed the council April l."ith, 1S79.
Attest: 11. 11. Cai:dwell,
Auditor and Clerk.
Approved April Kith, 1870.
W. V. Pa kker, Mayor.
An ordinance to amend ordinance Xo.
J."j2 "entitled an ordinance to provide
for licensing and regulating bar-rooms
and drinking shops."
The City of Alnria doex ordain as folleics:
Skc. 1. That section one of ordinance
Xo. 2.r2, of the City of Astoria, entitled
"an ordinance to provide for licensing
and regulating bar-rooms and drinking
shops" be and is hereby amended so as
to read as fellows.
That no person or persons in this city,
directly or by another, shall sell, barter
or deliver or shall knowingly permit to
be sold, bartered or delivered, for, or on
his or their account, any wine, spiritu
ous or malt liquors, in less quantities
than one quart without fust having ob
tained a license therefor in the manner
hereinafter provided. Every person
who keeps wine, malt or spirituous
liquors for sale in less quantities than
one quart, either as his sole business or
in connection with some other occupa
tion and also every such persons agent,
servant or employe, employed or per
mitted by said person to sell wine, spiri
tuous or malt liquors in less quantities
than one quart, shall be deemed a keener
of a bar-room or drinking shop within
the intent and meaning or this ordi erdi
nance: Provided that this ordinance
shall not apply to drug stores in the
Sec. 2. That section five of said ordi
nance Xo. 2T2 shall be and is hereby
amended to read as follows, to wit:
That any keeper of a bar-ionn or
drinking shop who shall permit any
breach of the peace, or disturbance of
public order or decorum by noisy, riot
ous or disorderly conduct in the bar
room or drinkiug'shop or any room on
the premises opening out of and adja
cent to the said bar-room or drinking
shop, or who shall sell or give or permit
to be sold or given to any person already
I intoxicated, or to anv person under the
ajje of legal majority.
the license to Mich bar-room or drinking
shop shall be declared forfeited. Any
per""-oi Vvim .n.in.an. -. a won-
shall not be permitted to take out a
license for the period of one year.
Passed the council April l.iih. 1S7D.
Attest: It. II. Caudwki.l,
Auditor and clerk
Approved April Kith, 1ST!.
W. Pakkki:, Mayor.
AROUND THE CITY.
Tlie roprietor of the Chicago
house.whoin everybody knows as a popu
lar caterer, has fixed his hotel up in
splended style. It is all newly painted
nid fttrmliifl- mill is one of tb lnot.
attractive ihicos on Main street. Call
areund: every luxury ot tne season at
the Chicago house.
Mr. J. Stewart, stone and marble
cutter of Astoria will guarantee satis-
faction to all ordering work of him. and
will do a better job for levs money than
any outside workman. His work in the
cemetery here should bo sufficient reeom
mcndatmii. Before you let your con
tracts for work of this kind it would be.
well to call upon Mr. Stewart.
Fresh fruits and vegetables at
The cheapest ever offered is Ham
.--.nx-ctor cm-veil in pwpv :K-ln if
w io irnSrllm
: Walla alia Kestaurant.
"KVocli nvctnrc in iwrv cf-lo of
Fresh oysters m everv style at
Schmeers. See advertisement.
Fresh oysters in every style and
at all hours at the Pioneer restaurant.
lust received per Elder 2,000
pounds, 8-pound sheet lead, for sale at
lowest rates at Magnus C. Crosby's.
Xow that building is reviving in
Astoria, bear in mind the fact that Peter
T.,..o,. ;e ,,-nll eiinnliofl Tvifli oil l.;,lc. ..P
M,.W -i'i-- i" i , " " """ "j
building materials winch he is prepared
to dispuse of to all at very lowest rates.
Friday Evening, April 18th.
JOHN MAGUIRE, -
A Success Seconrl Aprae.
The Rednath Lyceum Ilureau. of Boston,
have the pleasure of announcing an engage
ment for the fourth year with the renowned
The Only Colored Burlesque Troupe
in the World,
Assisted by the
HYF.HS' SISTliISS QI7ARTETTE.-
"SYliose fame has extended from Ocean to
The geatest living Colored Comedian, and
WILLIE E. LYLE,
AYho will appear in their OPERA BOtJFEE
XT H. LIKTA,
The African Princess.
Reserved seats can he secured at Cauueld's
drugstore, three days iu advance, without
Hill's If Variety Tkatre,
XEW AXD ELEGAXT BOXES,
S1TTIXG ROOMS, ETC.
The Decorations of the New Theatre wera
executed by Mr. F. Holt.
NEW AND ELABORATE SCENERY.
Painted by Mr. "Win. "West. Architect and
Builder Mr. Kemble.
On and after this date will be given a
First Class Entertainment,
Which for 'Refinement and Novelty cannot
be equalled on this coast. Our Per
formance Commences with our
First Part of Male and Female
CR AND OLIO,
Singing, Dancing, Acrobatic Feats
Negro Sketches, Trapeze Performers?
Pantomimists and Jugglers.
HOUSE CROWDED NIGHTLY'
To see our Itefined and Unequalled enter
tainment. New Acts. New Song's and com
plete change of Programme twice a week.
5EO. XIIJJTi, Proprietor.
Entrance to Boxes and Circle on Chena-'
mus Street. Performance to commencu'
at eight o'clock precise.
a n a M m
Trips Inily to I'pper Totviu
F. 81IEIIMAX takes nleasure in an-
iiniiiicmo' tlii fni't flint ln h:i norfeetpil
1 arrangements for makimr two reirular trios
daily to I'pper Astoria and hack, regular
street car stjle. for passengers and small
fl-Vill leave J. AV. Oearharts, the Parker'
House, and the Occident, daily at 11 A. 31.
and:;i. m. Returning will leave Van l)u
sen's upper town store. Fare for the round
trip il cents.
Fish Commissioners Xotiee.
-&XOTICE IS IIKKKIIY filVEN" THAT
ii the undersigned will he in readiness
from and after this date, to issue Heenses.
at his nfliee up staus. eomer of Cass and
Sqeinocqhe streets, Astoria. Oreuon.
II. B. FEIMSUSON,
Deputy Kish Connmssloneo
"Fish Commissioners Notice.
HE UNDERSKSXEl) FISH COMMIS-
sionerfor Washington territory, hereby.
Kives notice that he win be at lsrooKiieui
for the rest of the season.
ALBERT T. STREAM
XOKTII COVE, W. T., Feb. 17, 1871).
MKS. STEKKS HAS LOANED the Chajwf
of the IIolv Innoeentsan organ rdurunr
the repairs of ip.uvn. whldishe offers for
wile at quite a low fUnir".
The Instrument is Itenlly a iUnnl Oin,
Fin" toned and in evellent order. It may
be seen at the Chapel of the Holy Innocents,
Hali. of Reaver LodokNo. s. r. o. o.k., i
Astokia. (Uegon, April lo. 1879. f
To the Officers and Members of Beaver Lodne
Xo. 35, I. 0. O. '.:
YOU ARE REQUESTED TO BE PRES
ent at the regular meeting on the d4th
inst.. for the nurnose of deeidnitr unon a na
i r.ule on the auh day of April, the sixtiel
' annlveiairy of Odd fellowship in America.
J jAS w. WELCH, '. Os
I J T. K. V
r-1 l EO. I). CUKTIS, IS. S.
Has just received direct from the nianufac
j Hirers, tne largest anu uesi assortment or
' Cannery Thermometers
' npwi ' "' '": ouu ill juur
orders eany. Aauress :
SUNDER & CO.
Lock box 218, Tolland, Oregon ,