0) glis jGnilxj stwxmx ASTOULA OREGON ISSUED EVERY MORNING, Monday Executed., 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. THE C1TY. 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. BRIEF AXXOUXCEMEXT. 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- buracr's P. J. Goodman, on Main street, lias J iust received the latest and most fash ionable style of gent and ladies boots, shoes, etc. Parties in want of sood Cedar Shi ngles will do well to apply to II. C. negys,Kalama. W.T. Uome A new lot of full bound blank, and TO ?ceipt books, specially for use in c: eries, at the City Book store. tier Incoming passengers there are 1800 of 'em. 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. j bbVrlff 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. Almy went 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 at Adler's. 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 Art Gallery. 2 --- 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 & AIcGuire. 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 9, 1S79. 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 Guire, defendants. 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 - -r that the plaintiff do recover and from the defendants costs and disburse ments, taxed at dollars and have execution thereof. (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 i 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 T KSrt'SSuSiWei jjuiiuincr, juuuc oi me vircim Clati cniil A 'lire of'mavor. for the reason tlmt iu common council had no jurisdiction lo Iicsolvcth That we. the members of the city council of the city of Astoria lV,r,l1,;,illt,tl".ril.v',l11 - ,. 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 lows : 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 ceeds : 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 Jm' 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 therefrom. any removal of a public officer by the legislature. must be in nature of an a ! rnoi oi 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 fb 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 me." 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 ne bv 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. Ordinance Xo.323. 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 city. 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. intoxicatinir 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 Bailey's. The cheapest ever offered is Ham burger's Embroidery. .--.nx-ctor cm-veil in pwpv :K-ln if w io irnSrllm : Walla alia Kestaurant. "KVocli nvctnrc in iwrv cf-lo of the 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. AMUSEMENTS. Metropolitan Hall. Friday Evening, April 18th. JOHN MAGUIRE, - - MANAGER. 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 TTYERS' S CCKUBIXATIOX. The Only Colored Burlesque Troupe in the World, Assisted by the HYF.HS' SISTliISS QI7ARTETTE.- "SYliose fame has extended from Ocean to Ocean. Alse: BILLY KERSANDS, The geatest living Colored Comedian, and WILLIE E. LYLE, Female Impersonator. AYho will appear in their OPERA BOtJFEE EXTKAVAGAXZA. XT H. LIKTA, The African Princess. Admission Gallery S10O 50ct Reserved seats can he secured at Cauueld's drugstore, three days iu advance, without extra charge. GRAND OPENING OF Hill's If Variety Tkatre, Containing six 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, Consisting of 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 Two Trips Inily to I'pper Totviu F. 81IEIIMAX takes nleasure in an- "AT u- 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 packages. 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. T1 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). FOR SALE. 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, I'pper Astoria. 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 me, .sixiieiu - L. c r-1 l EO. I). CUKTIS, IS. S. PFUKfPER, PORTLAItfD, Has just received direct from the nianufac j Hirers, tne largest anu uesi assortment or ' Cannery Thermometers ' npwi ' "' '": ouu ill juur orders eany. Aauress : Wm. PI SUNDER & CO. Lock box 218, Tolland, Oregon , 4H t