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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (Feb. 9, 1883)
CO rtcTOETTTcn mmn Vol. xviii. Astoria, Oregon Friday Morning. February 9, 1883 No. 112. Hi ftf in y-L'l a IP THE ASTORIA LAND GRANT. Lust December we published a decision of the secretary of the interior relative to a land grant in Minnesota, which was of an analo gous case with the Astoria Land Grant in this county. One of our leading citizens who takes an interest in the matter wrote in reference to the matter to the editor of the "Washington Reporter. He says: Astoria, Oregon, Dee. 1 1, 18S. To the Editor of the Reperter: The state of Oregon and people, and Astoria chamber of commerce, hure repeatedly petitioned con gress to declare forfeited the un earned and abandoned portion of the Oregon Central railroad grant, but without result. Would you be so kind as to state whether settlement can now be allowed under the recent decision of the secretary of the interior in the case of Wenzel vs. St. Paul, Minne apolis & Manitoba railroad coin pan Respectfully, Oekgox. Following is the reply: Settlement and cntr is in our opinion uow allowable by law within the limits of any land grant ' where the road was not com pleted at the date fixed by statute. Tfie settlement and entry pro- tected by the act of April 81, 1STG d Sec, 19 Slat., p. 35) is that settlement and entry which is re quired under the usual rules and regulations governing pre emption and homestead entries. Such entries, within the limits of ex pired railroad grants, are declared valid, and patents are to be issued thereon as in other cases. The act is mandatory, and in its legal effect is a legislative decla ration of forfeiture of all lands within the limits of land grants where the roads have not been completed in the time fixed hy the granting acts, so far as such lands may be claimed by settlers under the homestead or pre-emption laws. It is further in legal effect a legislative revocation for settle ment purposes of all withdrawal of lands aiade for such roads, whether the withdrawals were originally authorized by law or not. Mr. Carl Schurz, civil service reformer and editor of the Noith ern Pacific Railroad company's New York newspaper, attempted when secretary of the interior to nullify this act of congress, but Secretary Teller, who appears to have some respect for the Jaws of his country as well as for his own official charac ter and obligations, and who is not very much engaged in the nullifi cation business for the benefit of repudiating railroad companies, has -found it to be his duty to en force the act his predecessor ig nored. The decision to which you refer, and which was first published in the October number of the Re porter (Wenzel vs. St. P.,M. &M. Railroad company), is a clear and conclusive statement of the law as found in the act of 1S7G. "We apprehend that the law was the same before the passage of that act, particularly as to the grants of the character of those in Oregon. The inhabitation of settlement by a withdrawal of lands is an inci dent to a grant; where a grant fails the incidents fail with it. The land being freed from the grant, becomes again public land by vir tue of that fact. It only wanted a little intelligence to see, and enough integrity to declare and execute the law. The trouble was that defaulting railroad companies did not want the law ascertained or carried out, and as they ran and apparently owned the interior de- partmQnt, from tho sooratary down, id it was not carried out. Most of the lands within the geometrical limits of the grant for the Oregon Central railroad had previously been granted to the Northern Pacific, and are also within the geographical limits of the Oregon and California railroad. J The Northern Pacific never defi nitely located its line, and that grant expired July 4, 1S77, and was probably forfeited before that time. The Oregon and Califor nia road was not completed in time, and its grant ceased by posi tive provisions of law on the 1st of July, 1S80. Bat as lands in one grant cannot be embraced in any subsequent grant, it follows that neither the Oregon & Califor nia nor the Oregon Central had any grant where the lands were within the limits of the grant to the Northern Pacific. "Whether the Northern Pacific ever acquired any rights to these lands under these grants is not material so far as the other roads are concerned. They could acquire no rights to such lands because of the grant and reservation of them for the North- ern Pacific. Lauds reserved un- dor one grant, or for any other purpose, do not pass with any later grant. So the case stands thus: 1. The lands were not granted to the Oregon Central because em braced in the prior grant and with drawal for the Northern Pacific. 2. They were not granted the Oregon & California for the same reason. 3. The grant to tl Northern Pacific never became effective so as to give that company any legal claim to the lands. J. The Northern Pacific grant with conditions precedent as in telligentby described by Judge Dead' who deserves a seat on the supreme bench th'j grant be- came null by operation of law on July 4, 1S77. 5. There is, therefore, no grant at all of the lands in question uow existing. The foregoing propositions arc, we think, incontrovertible. And now comes the act of April 21, 1S75, which sweeps out of the way all tho chicanery of railroad apologists und plainly and em phatically commands the depart ment of the interior, to respect the laws and to regard bona fide eu tiies within the limits of the rail road grants as valid when made in the usual way after the expiration J of the grants, and issue- patents accotdingiy. Secretary Teller decides that the words "the expiration of the grants" means the dates fixed by the granting acts for the com pletion of the roadfc. We see no good reasons why settlers should not present their claims, under the third section of the act of 1S7G, in every case of actual settlement upon lands with in the limits of such expired grants. A Loud Call. Wanted: A partner in the Monitor office who can edit a paper and quarrel and fight and play politician or non-politician, collect money and at the same time pietend that he don't want it; who can run a newspaper without money as well as with it; who can print a paper so loud that a deaf and duuib person can read it be fore he gets out of the postoffice; who knows more about the news paper business than Horace Greeley did. We want a man who will fight with a big uigger for a subscription. In fact, we want a mail who can blow hot and cold at the samo time, who can carry wator on both shoulders, it was not ascertained who can bark with the dogs and run with the rabbits. Such can find lucrative busine.4 with the' 3fon it or. Ocon ee Mon it or. A charming and foolish young woman of Springfield, Massachu setts, answered a matrimonial advertisement, carried on a corres- pondence with I he advertiser, ac-' cepted his offer of marriage, and traveled to Denver to meet and wed i her rich, handsome and wealth' suitor. She found a bald-headed sinner of GO, homely as men are made, and so poor that one small t room in a dingy boarding house was the only home he could afford. Disappointed, honiC'sickjdisgusted, she married him. Three days thereafter she rau away and he kept her trunk, containing all her wardrobe. That caused her re-J turn. Again she ran away from " him, this time taking his clothes with her, but leaving her own bo-' hind. Another temporary recon ciliation was effected, and then she i said candidly, "I hate you."' He agreed to a separation, and l she telegraphed (C. 0. D.) to her mother for money for her return! r ., , , lare. JUay . ue ever lUUS. J The man who boasts that he always says just what he thinks' doesu't always think just what he says. EM Absplutely Pure. This powder never varies. A marvel of piirity.sdrrnptuand whoh-sumeness More economical tlun the ord nary kinds, 'and j cannot be sold in comp thion with the mul-1 tllude of low test, short weight, alurn or Tdiospliatc wders. Sold vnl'j in cans. ' JIOVAL UAKIXO l'OWDEK CO.. WS Wall-SL X.Y. Drugs and Chemicals 4 J. E. THOMAS, TWT-f-imOT v iAlUUUiWl PrescripUons carefully compounded Day or NIghL BILLIARDS! BILLIARDS! JAS. 3IAC03IBKR Has opened a Temperance Billiard Parlor Next to Geo. W. Hume's Store. Fresh Eastern and Shoalwater Bay Oysters in every Style FINEST CIGARS AND TOBACCO, Tea. Coffee, and Chocolate ; Pie3, Cakes Sandwiches, etc., at the Counter. Also in connection with the Parlor A Fine Sheotlnc Gallery. Notice. GTATE AND COUNTY TAXES FOUTHE vj year 1SS2. are now flu ana can io at mv office at the Court House. dwC A, M, TW934ULY, Sheriff. W royal fss-'S? Ix m W$ss:::&z &?& A AXD V Pharmacist, JJ astoria,c? rmrwf-iii llii RHEUIATIEI Neuralgia, Sciatica, Lumbago, Backache, Soreness of the Ghost, Gout, Quinsy, Sore Throat, Swell ings and Sprains, Burns and Scalds, General Bodily Pains, Tooth, Ear and Headache, Frosted Feet and Ears, end all other Pains and Aches. No Preparation on earth equals Sr. Jacoz Oil Bniy. A trial entails but the ccoparadrely trifling ouUay of 50 Tent, end ererjr ore suffer-I . mg witn pnacam hax9 cliptna ivcSUTerrogf , or iu claim. ' Direction! In EIptm tuimirM. j B0LDBYALLD!UGGIST8Ai7DDEALEE3i IN MEDICINE. A. VOCKELER. &. CO., XSaUlmors,2.7iL, V.S.J. Little Jack Horner sat in the : corner eating concentrated lye; his mother came m ho had emptied the tin. They will meet in the " sweet bye-and-bye. MOTHERS, READ. Gesis: About nliie j'ears ago I li-.j a , child two ye irs old and :ilmot d si I. Tle doctor I lid nttcidin lur could wt 'oil what ailed her. I nsked him IT l.t d' ' f t think it was worms. He j-aid no. ;- ever, this did not satisfy mo, n I f r t vinced in my own mind that Mip h I j obtained a bottle of Dlt. C. Jcl.N;, CELERATi:DYKIi:iIiri'GK'!!CuI:if I Rave her a teinoonful in the liietn.ji: and another at nl;:ht,iiftenvhi h sl m il heventy-two worms and was nwoll child. Since then I linvp never been wiihr.uT It in my family. The health or my eh 1 tren J remulnctl o cood that" I had m ;!.t t.tl I watcldiiR their actions until nlort tl reo tlie same sickly appearance that 1 :i;nv did nine years ago. So I thought .1 must be worms, and went to work at on e with a bottle of Dlt. C. MoLANK'S Vi:mr. 1UGII between four of my chiMr.-n, tlwlr nees bcinz as follews: Alice. 8 vcirv: (. bar- ' ley, 4 years; Emnm,fiycir-.; Jol:ii.5a:s j Now comes the result: Alice and K'nina ! cameoutnll rii;ht,butChariey pr.sn-d fo-:y- five and Johnny about -ixty w onus n e result wus so fmt!irii'K that I "p.'i i two ; days In showlu:; the wonderful i t)iV. .f your Vermifuge an und t'tk-a, i.nd nt.w i have the worms on exhibition In inv-'orc, Yours truly, -JOHN I'il'KIL Tlie uenuine nit. C Mt 1.. xirs vrn I MIFL'GC is innnufiictnicl only by Fleming Bros., Pittsburgh, Pa., an.l bear the sl:uatun; of C. ircLane and rieiulnc Iln". n i never mnde in s. IiuS or Wheeling. Ik ure you get the $;""'': Price, 2." cents . Ixittle. FLimialG BKOS., PHIsburgli, Pa. &MD CLEARANCE SALE! to make room for snore Hardware aurl SMj Clanillerj A. VAH DUSEH & CO. Will sell nt cost their entire stock of HATS AND GAPS . AND BOOTS AHD SHOES. These goods must be disposed of as we are soon to receive another large lot of Hardware and Ship Chandlery And must have room to store It. LARGE STOCK! OF FIXE CROCKERY Just Received at mm " :rr: m lay." W miEm - VPUflBB& :rj-rf". ur.i SSSWiV- - Tea H THEGREAT. &$M bLHMANUyi. FOB P i MOABD & STOKES, l II. STICKELS .A. M. JOHNSON & Co., Dealers In CROCKERY & CLASS WARE. Also Wholesale Dealers In I;iin(x. Oils. Vnrmslirs, Glass. rutly. Ariists Oil and Water C'olors, 1'aiHi ami Knlso- fniiir Itriislic. IVi-t.intls on hand a full and choice stock of bt.tjtle .-.nd hi'ixey Grocerie-i Only tho Best k . Our v.vk or Crockery nml (SIsmh Van1 Mho l.nrjrcs: and most Complete St ck ever o;. ned In Astoria. Consisting of and D.nncr wc!f Toilet Set. Glass, t. :i! " W ti-r fs- Hsir Flxtiirtv;. Ao . V.ii. Ij i- . Ku IJcilottleN Gobleti, Tum j biers L' t-i.aih' ( ui, &c . Ac. i:vTtH-gsiiM at I nest Living Kates. Qi::iliy ;t::irufciMl. An I'x'umh.ation will more than repay jou. IT PAYS TO TRADE WITH ME! WHO? IHIANK ELBERSON, SeasMeBalery & Confectionery. Because my Goods are the Best, and Always Fresh. Cakrs Candle etc , furnished for Wedding parties, on ihori no hv, and gu.tr.uueid to ijivc perfect 5att-f.tc.ion. Cskc ornament Ing :i .specialty. Oppo-.ur ;. t. Jiume'ri. WH. EDGAR, A5T0KIA, ... OP.EGON". Dealer In Cigars, Tobacco and Cigarettes Meerschaum and Brier Pipes, Stationery rand Optical Coods, .Joseph Koilqci- and Wostcahnltn smmnz English cutlery Revolvers and Cartridges. TCAIrilAZtS A SO ELGIA" Gold and Silver Vatche3 and Chains. Cleaning I Repairing. NKAT. CHEAP AND QUICK. BY ;kok.-;k Lovr.TT. ywa Street, opjmslte N. Ieb's. PERUVIAN BJTTERS !, VYilmerding & Co., San Francisco. Loeb & Co.. Agents, Astori . Fine and Coarse Liverpool SALT. Tin Plate. Clock Tin, CauatleSoda. For sale ex "Warehouse at Portland or Astoria by HAIiFOUR, GUTHRIE & CO. dtf Portland, Or. $500 Reward. We will pav the above reward for any case of Uver Complaint, DjspeiMa. Sick Head ache. indigestion. Constipation or Costive nc we cannot cure with West's Vegetable Liver Pills, when the directions are strictly complied with. The are purely Vegetable, and never fall to ive satisfaction. Sugar coated. Lance boxes, containing GO Pills, 25 cents. For sale by all DruggiM. Beware or counterfeits and imitations. Tlie genuine manufartured only bvJoiixC. "Wnsr&Co. The nil Maker 181 and l&J "W. Madison St., Chicago. Fret trial trackage sent by mail prepaid on receipt of a 3 ceat stamp, W E. Dement, agent. M. J0II2S0. fj I 2 ? g H $ g 3 m S Z 9 1 -s CO r5 o " O WILLIAM HOWE, -DKALEE IK- Doors, Windows Blinds, Transoms, Lumber. All kinds of OAK LUilBfiB, GLASS, Boat Material, Etc. ! Boats of all Shids Made to..Ordr- "Orders from a distance promptly attended to, and satisfaction guaranteed la all case. MISCELLANEOUS. ASTORIA IRON WORKS. BKo-Stbkkt, Near Pabses House, ASTORIA, - OEEGON. GENERAL MACHINISTS AND BOILER MAKERS. L AND IffiARINB ENGINES Boiler . Work, Steamboat Work, and Cannery Work a specialty. Of all Descriptions made ta Order at Short A'otlrc. A. D. "Wasb, President. ,J. O. HusTLKit, Secretary. I. W. Case, Treasurer. John Fox, Superintendent .ARNDT&FERCHEN, ASTORIA. - OREGON. The Pioneer Machine Shop BLACKSMITH SHOP .-t;& AND C.f -y C Boiler Shop All kinds of ENGINE, CANNERY, AKD STEAMBOAT WOEK Promptly attended t. A specialty made of repalrins CANNERY DIES, FOOT OF LAFAYETTE STREET. 13. B. PAREEB, DBALKB IX Hay, Oats, Straw. Lime, Brick, Cement and Sand Wood Delivered to Order, Draying, Teaming and Express Business. Horses ana Carriages for Hire. DKALEB IX WINES, LIQUORS AND CIGARS. FI IWT CLASS HEADQUARTERS Foster's Emporium. Most Complete Stock in Astoria Novelties of all Kinds FrnitsBoth Foreign and Oonestie Wines and Liquors Of Superior Brand. FOSTER'S CORNER, 0 R &N DOCK SniLOH's Curk will immediately relieve Croup, whooping couch and Bronchitis. Sold br W. Dement m'r :mmmmwmv: 3S2KMWJ&mT&&Ai, Sr He, & 03 P' -2 3 a ni CO a s: z CO o CD O cz: 23 rn PP. S xJRivzzro AHD Bracket, SVork A SPECIALTY. aa4 iZJ JZ3ZWW- BUSINESS CARDS. U C. JXOJLDFJr,, 2(OTABT .PUBLIC, AUCTIONEER, COMMDJSIOK AND SUEAh'GK AQEM1. G1 KLO F. JPAXKSX, PURVEYOR OF Clatsep CaatraalCit7rAtria Office :-Ch6oamuastret, Y.M.O. A. hall Room No. s. W B. DULLAXD, Attarney at Lsir. OFFICE AT ST. HELENS, OREGON. "Will attend terms or Court at Astoru, Kalamaand Portland, p D. WINTN, Attorney and Counsehr at L&. 9-0fflce in Pythian Building. Xmhu 11, ie. ASTORIA. --- - OREGON. jTAY TUTTIiE, M. 1. PHYSICIAN AND SURGEON, Offick Rooms 1, 2, and 8. Pythlaa Bulld injf. Residence Over Elberson'i Bakery, op posite Bartli & Myen)' Saloon. C! P. HICKS, PENTIflT, ASTORIA, - - - . ,- 8R200B Rooms in Allen's building up stain, crner of Cau aud Sqemocqhe streets. f Q. A. BOWLBT. " ATTORNEY AT LAtV. Chenamus Street. - ASTORIA. OREGOSi Piano Lessons With Use of Piano. MBS. J. W. EUDDOCK. Terms moderate. Orders may be leli at Adler's book store. G. A. STINSON & C0 BLACKSM1THING, At Capt. Sogers old stand. craer i Cast and Court Streets. Ship and Cannery work. Horseshoeiag. Wagons made and repaired. Good work maranteed. II. WERTHRIMEB. Z. WESTHZIMER M. WERTHEIMER & BRO. 3IANUFACTDBEKS OF FIN1 Havana and Domestic Cigars No. 518, Fr eat St Sum Frameise I. W. CASE, UIPORTKK AHD WHOLESALE AND KS TAIL DSALEB IK CiENERAL MERCHAPISS oraar Cbeaamua and Caas streets. ASTORIA ..-- OREGON Notice. THERE WILL BE A SPECIAL MEETING of the stockholders of tho Columbia Canning Co., hold at their ofuce on Satur day, Feb. 10, 1883, at 3 o'clock r. x. By order of the President. THOMAS DEALEYSec'j. Astoria. Feb. 7th 1889 . - - ,42