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About The daily morning Astorian. (Astoria, Or.) 1883-1899 | View Entire Issue (July 24, 1885)
'i- (I) --.-- - kjsssess: VOL. XXIY, NO. 20. D Jil'SINESS CAKDS. A. L.. aiid J. A. FL'tiTOX DECISION. k?a f PHIMO mEE?I A ?.H IEI1VUI 111,11 ASTORIA, OREGON, FRIDAY, JULY 24, 18S5. ggwraaA.fc 1 1 ihtm- -1 iBMhadtas t St s law for that purpose. It also containsithe jus privatum, or right of prop a covenant tnnt tne grantors will for-jkerty or franchise; second, the jus Soever warrant and defend tlie fcc-simple5publctnn, or public right of pas-' r.iniu iy me iiruiiuscs. imu jiuiii me PRICE. FIVE CENTS. JIsjfeii:.ssilSurscjm. Will the proniut attention to :il! i" oiii any pint of the eily or ccuntry. Oilice over Allen's Store, eorm-r Cass Soiifiiioqi::. .streets, A.t-ii:i, Oicgon. l'.eiilui:e .o. 41. T dthJ,B?iD?e7ta?nTIlnB06t',,n65'iM-riJiroTATtr ci iDDPMPrmiRT' claims of all persons whatever: also 1 J&XBMteT&Z&-S" THE STATE SUPREME COURT- firatoM. their heirs, executors. and administrators, win, at me expense of the jriantee, his heirs or assigns.! l)lt KK.VXK IAK. S5.yrria nmlHarscoH. :( l!nnmn nviT !) V . MiTiifnsli sJniP - nvi ii'it !!n!'RS?-! lit 11 a. 51 31o5 I'.ai.a .residence, omiiisitc lhe.Ioliaiiscn building -n J.OIUtlS, a no. '0UANtgi Xir..lXI & XORZ?5S, " ODniAIM tflk g & fcS?TT?v b! g m r $&iH -zw u N (!r .-l a I gSS? ..f! 5 3 Niv f?a p i WW & KSSg X& KH fcS U no nnrl T.f.'r.frfi'irm onl 7i IW7 1 the ius rcrrfum. or trovermentaH rirrlif Tlin ctofn aaiiM ..rvf K.. .... c..1il the shore of a body of water below;' uiu uue, uepnve iiseit ot tne latter? SPECIAL NOTICE! rap Bai My and. M ahoi EEOAUDIXU THE BIGHTS OK OW.SIT.H T0?iai;t. a new and further deed, if thelright: nor, as before suggested, could it3 ti water frost rEOPERTY. fcsaim should be required to vest a fec-Bthereby deprive the public of the rights Ijj simple title, when they or either ofgof passage or navigation. What, then.53 pthein. shall demand the same. The! ueeu was not iiL-tviiuwitniucu or uruveuj Wilson and others vs. Welch and cthcnA?so toentitle the same fo record until can such a sale of that character ofiif tide-land amount to? I doubt verya uiucn wiieincr a saie in sucn a casej Kiparian Rights I'owcrs of the State. i?March. 3S7G, and was recorded in thejtcould be made to an outside party that Jnffinn if flirt nlirlr nf-flm nnitntt f rlof-HBwfkitlil f1nnrita Tio i-tni-.. A...nnM f!f uo.wv. w n.w v ... Y ...v, wuuiivj ui wat.l li.uk.iu '-'""l. m 11IU11W1 UIUIUL UJ ATTOUNEVS AT 1-AW. THS BE5T.T0HIC. T.njtBitinte. lnrk ci 11e Stutc cannot couvev to any but a rii- tnan nrouerty holder anv nart of a navic-! '.able .stream .between liikh and low waterS .;uiarK. XA Thaykr, J. This appeal is from the! iriilt. mirt. fir fl?i ninf'f 'Intent G .v..v.. .... .. ...v. ww.... .j w v...nj lr.IJien.,5rcn'l ,1,v8,"i,Aae.'-fti'Ai ,S3?rcndcnd in a suit commenced by the ?:.',. 'r,?ir in mi,.nofiiiittnnt i'r:iiiri(ii:r..i'risiioniloniS niraiust tin Hiinclinnts 1(J t.j j .i . ...... .....-...w . .... ....-.,--- -.-.- .-- --f-- -. r son in April of that year. It further appeared in proof that said James Welch did base his right to pur chase said tide-land, when he made said application to purcnasc, upon tne ground that he was the owner of said block 11, upon which it abutted at that time: and it further appears that at said time, and for a long time prior thereto, he had claimed to ue tue owner thereof, and that the appellants con-! J!IVe hi Kinney's B'.ot-l. '.t.0': Astoria. Oregon. pp'isiU Cit feu Knrirfiestbe ijiood.invjprntc tborf,iccIarca trust in favor of the former inB Jnuc' to claim such ownership un I: SieiJfiPi" tide-lands formerly conveyed byfio aflniiiance of the judgment by this; W. KlTl.TOX. O. C KULTOX. ATTOltXEYS AT LAW. KoomsSand C.Odd Fellows Ruiiditip. tnUCnprinit -rr t-,. .-, . iA.rn. v-;;-t, lnatfw nf lliM nmtollnii(: Plif rncnnnl-KlHCIltlOnCU. 1 T Ill.M.IJ.U. Mi. 'i k'l U. wLMVi)lVi '. t , fcJ A.aV V-' ' vr V. JMt . . . . . " snrinceid.oun!!: fcrnitQ nlio"il in tlimr pnmninint in tiining to snow mat mere nau oeen a nar- achoorrirod iun. i 'roof was also given tend- 1 F.IiO F. PARKER SURVEYOR OF Clatsop Cnnnty and City of Astoria Oflice :-N. E. comer Cass and Aitor streets. Kooin ho. 8. "Brown's Iron Bitters isn Ihorornhly Reed raodi-.i ll5t- ji,nt cnid .Innii-; WHcli iropnriilrOW Strip 01 lliguiand adjoining Said S.tfS&VJ1lSSfS.Saitl deed from the board of commisJJIock on .thenorUi l within the street conduion of the etcm. Broxmv iron Blue ijioncrs for the sale of school lands, etc.,Ic:ilIea " ater btreef, but that it had usually a positive necessity, itissll ihttisciiumifjon tjJC cii,teciitli day of September fiheen carried away by the action of the f.2.h.-.w..iwi!:M.m9:87G: tliafin his application for thelter;, but at what date it disappeared wrapper. Tnlie no ptber. atadoonirbj fjijuuchasc thereoi he fraudulently rep- iKr.sin.M!l, gnitOlO' CHCMICAI. C., IIAI.TIMO ented that he was the owner of block lis not shown. The land in controversy includes less lj.ErES' Hand Book useful and Attractive, ccs-tjijr :,, tli, tmvn nf Astoria whirh nlintslthail half an acre. It WHS purchased b ggtaininK list of prizo for rwdpt-i. information nbont&J' ,n " -, rs ,' i.. i 7..I...V. s., il.!Ji. .l-;aid .lames Welch of said board of coni- fgco.nCW.crrenawnybynll Mmm raodicin9.oilipon Said tlde-laild, WllCll III truth SaidB1" L"1 ,V,,i tl,u r5nJ.s!J f !,.. 0ESdtoliraddrtioiitoccii5tcf2c.Elarai. ?i3!il.i-l.- Hirl not hplnurr to him? t mt lioBmiSSIOnerS Ullder tlltt provisions Ot till' J. A. BOWIilSY. Lttorncy and Counsellor t Law, tsadod to any address on receipt cf 2c clamp. 59bloek did not belong to 111111 ; that hcl SSEMi, KEIT.SI1U & WOOUARP, W;u W1101.ESA1.X Aflr.xT-5 Toil! i! d On ; i r..Mdutv June 3. 1810, conveyed it to .John EsWilson, ancestor of the respondents.1 .ihd that the latter owned it at tne lime Ssnid nntilicdion was madefand t lint no notice of any kind was given to him, or jto any one, by baid eicii or said board Office on Cheuamus Street, Astoria. Oregon. t Ijbt 13lJ..l i: , PLUMRFR ANH RAS FITTFRior by any rereon. of tho application:! ifLUHlBLn K.1U UhO rii i Lll.Hlhat both James Welch and John Wil- Water Pipes a Specialty. 0. W. LEICIL. ;A Full Stock of hiateria! on Hand ARCHITECT AND SUlT.ItlNTEXDENT. Personal ntten ion p?tc:i ?S!tisf:ictiyn gu:i:a;i'Hd. til ordt r., and Offick : Kooin 9, Kinney's Kiitl: Ulock, TAY TUTTI.E, 3!. Z. PHYSICIAN AKD SUKGEON Ofkicb Itocrns 1, 2, and 3. Pythian l'.aild hie. itRsiriEN-nn On Cedar Street, back oi SL Mary's Hospital. Shop and of:ic; on C.'? street, one dr.o Jabove Frank Fab.e'.t KosUrirant. Astoria, JOrecoa. ISPEOLIL MAIL SOTICB. K P. HICKS. A. T- SHAW HICKS & SE5 tw, DENTISTS. S hekeait::i: so mail kVVHI be Forwarocd by Steamer TO SAN FRANCISCO. Rooms in Allen's Pnildi ner Cass and Squcnv.qua uregon. 'irLrAtHa a Restored siinll will be for.T.-uded thniURl. n streets. ao.i.i ,Kt omn, yLl 0llc,(f .,lul (..ji,,.- niaii vi:, t.slilaii(l.uieiiec in siage J'i iiilles to Uella, ft-thence by i-ai! to San nincisen. john it. stiTcnn.u KlUMIll. DrjIKNTJ MITCH Ktili . JK1IK?T, Attorneys and Councclors at Law Rooms 1, 2, 3, and 4 Kamm's Iiuildins, North East Coiner of First and Pine Streets,1 Portland, Oregon. LSIqI V t 2 Fy i ie hvsn ke irfi'ol g :SUs i jES'L.t tS S S, Wiileany letters and Pr.ej:ie. as usint' by :J1 Me liners i tSanliv. B 3on had since died, and that the appel-j iani: and respondents are tneir respect ive reiueseLtatives and successor.- in interest. the respondent Ann It. Wil son bcinj: widow of the said John Wil son, and the said Mary E. Wakeman. a dauuhter: thatthe former owns a dowei ri'-lit m said block 11, and tne latter owns tne remainder. The respondenlw further alleged that on August 'Jit, iar, tney coininenced an action against the appellants to recovei tne possession slid block ll, and mat on .Mcircn 27, 1ST8. tltey recovered a.tud! ment against them, whereby it wits ad judged that taid John Wilson was tin owner in leeot said biocic by virtue ol said deed or Juno 3, isio, until his death. and that they then became the owners theieof as mentioned, and entitled tc the possession. They alleged, also, that they did not kuww the exaci amount of! mircmsi' iriro. nnul liv.inmrs woirh Ir. fitlit' state of Oregon for said tide-lands. but offered to pay tiie same when ascer tained by i he court. The appellants denied that said James Welch procured the deed fiom the state to the tide-land by the representation alleged: denied that said block 11 abutted or fronted on stheshorcof the Columbia river; claimed that on said thirtieth day ot June, ib-3n. .t was above ordinary high-water mark but that since said time the water had radiially encroached upon the bank ot act of the legislative assemblv of the state to proviuo for the sale of tide and overflowed lands on the sea shore and eoa.st, approved October 28, 1872, a amended in 1874. That act proTide.- that the owner of any land abutting iroiuing. or uounueu uv me snore oi any bay, harbor, or inlet on the sea- coast, shall have the right to purchase from the state all the tide-land belong ing to me suite in ironu oi sucu ownci or owners, subject to certain proviso.- which allow the owner or. improvements upon such tide-lands to purchase tin lands so impiovcd for a certain period. tud niso allow outside parties to oeconu such purchasers in case tne owner oi owners of the highland fail to make aj- Mcauon lor iuu purciiaseoi uie saint tor three, years; but in the latter case the board of commissioners for the sab of such lauds must give the owner oi owners of the highland, having tin nreferencc in the purchase thereof. notice of such application to purchast .he same, who Thereupon havciiOday ifter the notice is given, in which ti make application to purchase it. It was conceded in this case that the said board of commissioners gave no such notice to said John Wilson or the res pnndents. The appellants counsel claims that it i strip of higl land did exist north ol block ll on Jumrav isirt, so ihr.t tin wharf privileges remained In bhlvely .utd elcli alter the ixecutian and de livery of the deed of that date, suci right, and, as he claims, the consequent right to purchase the tide-lands in from f that snip, would not be divested out of Welch and vested m "Wilson by tin act of the washing away of such strij if land before the passage of the said act. He also claims that the ehect oi any right to the eniovment of the land. it was neid m tuo case of People v: Coiccll, CO Cnl.400. that lands within the1 now ot ordinary titles, the cost of re claiming which would rrreatlv ex ceed their value when reclaimed for any :ii?riniiiiiir:ii niirnnsp. worn iinr npnmr. able under a statute authorizing a sale Slim m er Ti yn Tatole . Commencing July 9, the Fast and Elegant Steamer R. THOMPSON, Will leave Fort Clatsop at 11 A. M. every "Wednesday and Friday, and will leave ASTORIA IFOIEi T-T-ri tt, a ia-Tr At 12 o'clock, noon, on same dav jOron arrival of Str. Gen.'Miles fromllwaco, arriving in Portland about S P. 21. livery Sunday a Special Trip- Vill be made leaving Fort Clatsop at 5 P. AT. and Astoria for Portland at of ScSSJblo'gSS "The sffi Sf P' M' Sda? fte5on or after connecting with Str. Gen! Miles from II authorize a sale, doubtless, of tide-flats,!00' nrnving m Port!and aljont 2 A-:- :CJti'j.UUAJAM: nciscoar.tl Pnget Sound Muai.g.ne rivcr, upon the noith sidecf saidD11,1-'1' ,1L' :U?(- claxms, uat "'p 9l gbloek, and that the line of ordinal rhighl1. ;r,11lc -1alt -tf K,au dccd' "' nort-BlWe had moved south until it thenlvvh,t,, ' loii " sad ..D,ock .are con 1 breached the north boundarv thereof :vpycl by number and dimension, res- BAHKIKG AND INSURANCE UjWYftTT ' & THOHPSOf DEAI.HPS IX I. W. CASE, U Broker, Banker, and Insiu-FRESH AND CURED KEAlS, Ps5 ance Asrent, tjiuii;; j.L8ujci;b, PROVISIONS, ASTORIA, oKi:t:v. OFFICE IIOUHS : From 9 o'clock A. M. until 3 o'clock V. -U)rQVliYV 'MU GhlSSWarC. AHEAD OF ALL COMPETITORS ! Capitol Flour, SbIAL MAiiKii.1. idunufacturcd on the Qraduul Keduetic System by the Salem (Or.) Capitol Flour Mills Co. j limited Ei Is the only flour that has taken First FriresSjjt -j three years in succession at tlie 3 P t'Sti POUTI.AXD 32KCfr.Xir VHERR"? & COiSPAKy, anil Ouiv.'l lUcatss, "Vo gro-feea,lz3-os, m IgFRIIITS. RUTTFR. a:ir! FRSR One trial is sufficient to convince of its suie-S- ' Also at State Fair. riority. kfelf-r. OPPOSITE OCCIDENT IIOTLI See that the word CAriTOLisoneachsaek&jCKKSAM1'K tiirevt. Asjorin, OpJ GEOltGE SIIIEb. 8 Stalk St.. Poit!and Agent. WILSON & FISHER, Astoria Agents. Washington Market. Ki 3iaiit 'tircJ, Axforla, Orcson . &itr.nw? i c.riicPivir.TOs A BIG STOCK OF Trunks, Boots and Shoes, Clothing Etc., Just Received at Phil, A. Stokes & Co FISHERMEN'S OUTF OIL SKINS, Gum" Boots. Overalls, Shirts, Etcg AT &JD. Phil. A.Stokes & QoM'ms . . . . . - 1 Next door to Foard & Stokes' store, Is head- , ... -" Cloth ing t Bottom reached the north boundary thereof;! that by said deed thsaid ulock thereby intended to be conveyed is bounded l metes and bounds, and the number and si7t nt Ihp. IriLsPYtirpssIv DiTen. nun Hint glhe deed was mde solely with referenci to said narccl of land as a platted tdock. utd the parties intended it should not extend further on the noith than tlie btreet known as '-Wall Street,"' but which was by mistake designated in aid deed as "Water btreet,'' which lies in front of the block, and between ltand Slid tide-laud; that m front of the block is a strip oi land included within said -trcet which was above ordinary high tide, and in front of the strip and of tlie street was a tide-flat, extending for a' distance afTOO feet, susceptible of being geasily reclaimed, which flat, at the date ot the purchase ol the block by said John Wibon.was of great value: that from the north sulaoL the llat it was CCO feet to the ship channel of the Columbia rier. and that said space was valuable for wharfage purposes, and at tho date of the deed was woith several thousand dollars; that it had been duly platted and laid on into lot aud blocks, with streets extending through the same. which fact said Wilson well knew at the time he nurchascd block 11: that j?about 18l."i said James Welch bought ot said bhively all nis right and prorcrt as riparian proprietor of the tide-land in contreversy: that the appellants had Succeeded to his rights, and that thej :and said James Welch, lor more than '30 years, had paid taxes on the land as Ki heir private property, and had paid E$1.000 for street improvements. Ej These facts were in the main denied gby the respondents m their reply. The Fvprcofs in the case show that said gShively, some time prior to the jcai ifrio, LiuuL'ti upon il llilljt ut uuu luutuu- pectively. and then the block bounded Qpccihcaiiy bystreets between winch i lies, issuflicicntand conclusive evidenct that it was the intention of the grantors to limit the grant to the land contained within the exterior boundary lines ol the block, and to reserve the whan rights and privileges between the north line of said Water street and thu shi channel, rue decision oi tins court n. Wilson v. Slilvcly, 4 PacKep. 324, at the 3Iarch term, 1NM, was adverse to tin ooints raised bv the ceunsel: still, as J (view the question, they arc very import ant matters. A shore-owner upon tide watert, or upon a navigable stream, pos esses rights which, of late, are conceded to be property. 1'ates v. Mllicuiikcc 10 wall. -5D7. Tiiey are not rights, as ha often been supposed, that were de rived from the state, though held and eniocd in subordination to the rights of the public Dalaplalne v. Chlrugo & A. '. uy. uo. n wis. ji4; jormanv Benson. 8 ilich. IS. The embarrassing feature of this sub ject has amen out of a misunderstand ing of the nature of the stale's owner ship of land between high and low wa ter upon navigable streams. It has been spoken of as an ownership in fee, and an erroneous impression litis been con- veved. The state does own the channel 'of the navigable rivers within it- boundaries, and the shore of its bays. harbors, ami inlets between high and low water, but its ownership is a trust for the public It has no such proprie torship in thPin as it has in its propertj and public buildings. It cannot sell them so as to deprive the public of theii enjovment. (Stcam-cnglnc Co.v.Slcam ship Co. VI K. L.'HS;) nor can it take .iway riparian rights, except for public use. and by giving just compensation Gould, Waters, i 130. The iNcw York courts have taken a different view, anil whiih has been followed by an Iowa decision, Tomlln v. Dubuque, etc, B. Co.:2 Iowa, ICG;) but it is repudiated by the federal and most ot the state K ...,, .. , ...... ... E?ingsaid block lit that he convoyed an gRPEiaLLTi-aH'.Ti!:nnd"vWid half of it to said James M.0,,"f.i,.l,,l!i.l.c.,i?.., Welch; that they surveyed and laid ofi MaMuti; .HHifeLd tun tuHtt) vliumi;h "'L'1 ll.c! ... - : :7. li - J....1 l.inA1.r.. ,1.. , CJU i'tllt Ul 11 1I11U IU13 U1IU UiULbS, 1 Hit I 31 9.Fi:n. r.iniTY axii lipsrr oi'Ai.tTvSlWelcli tiae to Shivelv a power of at-a n." - " .-...:.! ci.t:,i.. 1..1 11.. v t vtt nil iii r i ti:u, .i in .- iiirii 1'ifi'iiii'ii iiiit 'o p cy- - gdeed for himself and said Welch to the a11 ifbuni'!s; If Vlcn' Uiie yParIa? r O&i . .said John Wilson, of June 3. 1S4G, to said t-ferred to, such as wharfage privileges. -fiiJi ,-vrw 'vJrzcu Ki.is : Jgblockll; that after the passage ol tlicare l'VlC"y wc may uu whu, or rc smn t,.,.,. ...... . .. .. , ,.... gdonatiouactof Senttmber '21. 1850. thJKJT." to the owner pf highland upon IT ft sde-indre till ,w""""gsaid Shively, after taking back a 'deediwhicii the tide-land abuts. There is no I i ifc"gittoltton avm t0 Mptoggfroui Welch of the undivided half iiiHhe'rTpVr b shim. . merest, entered the said tract of land as-Svt isii. but if tne riparian rigtus ueiong- r Sa donation claim, and subseouently.and -n -tti "? I K'n tlio A'car 1SG0, obtained a patent to it: r HY'fl.nK'Tn fethat after his entry and compliance 'Swith the provisions of that act, said ouivuij leconvcycu 10 haiu i-icu a portion ul me, ciaim in severalty, wiiicu and the purchaser have the right to re claim them and devote tkem to private use, wnere no rigai oi puuiic passage 01 navigation is intringed; but to attempt .u ben t p.iit ui iiiu uiiuuiiL'i ol a naviga ble stream below any ordinary stage" ol high water, occasioned either by tides or freshets, is absurd. But if I am mis-; taken in this view, and the state has an absolute ownership in such cases, as ... .. -.. ., ' V some oi tne authorities would seem to Indicate, how can the respondents main- utiu 1111:11 ami iu uuuiaiu a irusi in iiieif tavor in the land in controversy V The', uor their ancestors, never owned it legally nor equitably. Conceding their lwnership 01 block 11, and that the tide-land abutted upon It, that certamlj .rave them no ownership of the latter, if the title was in the state. The act of 1872 graciously gave them, in that case 1 preference in the purchase, but it pre bribed conditions upon which the pur chase can only bo made. The respon d -nts do not allege or show that the nave ever attempted to comply with hese conditions. It may be inferred hat they consider the purchase b Welch, based upon his claim to be the owner 01 said block 11. made It unneces -an for them to apply; but how docs the court know that they would have purchased the land if Welch had not? ihe act provides for a regular sale of uch lands. Section 3 says that the at lm-;iiib suaii, wiiii tub application, pre sent to the oflicer or officers who are 01 hall be authorized to sell such lands. evmuncu ol uis line to lauu wnieiiauuis. tcupon such tide-lands: and section 4 ays that the value of such tide-lands ihall be appraised at a certain sum per icre, which suau not ue less man iio tor each acre 01 such land: provided hat the board having in charge the sale if such lands shall have power to set u-idc any appraisement on evidence aken of tho true valuo or the same, and -hall make another and true appraise ment, uascu on sucn evidence. 'ihe act did not contemplate that the ipplicant should get tlie land for less nan its true value in any case, and the legal privilege in favor of the shore- wnerwns merely to buy the land for a hat it was actually worth. In such cases many shore-owners might not Le .nclined to attempt to make such pur- nase. w iittner xne respondents would lave been so disposed is left entirely tr. ?on jecture : and yet they now claim thai eieirs title should inure to their bene- lir. I can readily understand that where 11:1; ii.ib nit- cquiiauic. line i' real prop erty, the legal title to which isoutstanu- ng. another person wrongfully buys in -uch legal title, a court of equity could iccrce mat me legal title so purchased -houid mure to the benelit of the com table owner. To grant such relicfJ however, in favor of ono who never had the equitable title, who had merely an ption to purchase the property upon -.uch terms as might be agreed upon with the owner, and who had never pro posed to make thcpurchase,or indicated my intention 01 that character, would e earn ing the doctrine to an unmstifl ible extent. I think the respondent's remedy in this case, under the theory nat me state nad the absolute title to he property in question, and had con veyed it to James Welch, was to have the state commence an action for the purpose of vacating tne patent or deed .'xecuteu to mm, as provided in section 5jj 01 tue Uivil uode; and when a judg ment has been obtained annulling it.1 niaKe tneir application lor the purchase of the land. But, as before suggested. I do not think the sale affected the right of the owners of the lands upon which the tide-land abutted. The main question in the case, as 1 regard it, is to whom these rights belonged. If, by the terms of the deed of Juno 3. 184G. from Shivelvl and Welch to John Wilson, they were rcsen-ed io the former, then they are rightfully in the appellants' but if no such reservation was made in that in strument, then the respondents sue eceded to them whenever thev became shore-owners. The rights which at tached to the narrow strip, which coun sel for the appellants' claims was not conveyed by the deed, and which ex-B isted as a mere Incident of that parcel of land, were lost, when it was washed away. The courts have usually heldJ where the question has arisen, that where a lot or block is bounded in a1 deed by a street, the deed operates to convey the land to the center of the street. Under such a construction it is (Coiic7ut7cZ on fourth page.) Will leave Portland every Tuesday and Thursday at 8:30 A. M. and even- Saturday at 10 A. M. for Astoria and Fort Clatsop, arriving in Astoria Tues days and Thursdays about 3 P. M. and on Saturdays about 4-30 P. M., con necting wnu otr. uen. Miie3 lor l-ort Stevens, 'ort (Janby and llwaco. The Fast and Elegant Steamer WIDE WEST Will leayo Astoria for Portland every Tuesday, Thursday and Saturday at 8 A. M. Eeturuing will leave Portland for Astoria and Fort Clatsop every lUonuay, Wednesday and Jnday r.tb A. M. connecting with Str. Gen. Miles for llwaco. Excursion Tickets Astoria to Portland and return good until Sept 30, $2.50. E. A. XO YES, Agent. SRggffreSSHifi JNO. J.BYRNE, Gen. Tass. Agt. J. H. D. GRAI Wbnipsnie RJtd retail dealer u.. GROCERIES, FLOUR, AND FEED Kay, Oats, Stray, Wood, Etc. LIME, SAND AND CEfrfENT. General Storage and "Wharfage on reason ib!e terms. Foot of Rentou street, Astoria Jregon. HOUSE. WM. EDGAR, Dealer In Qfysrs, Tobacco and Cigarettes Mezrschaum and Brier Pipes, GENUINE ENGLISH CUTLERS Revolvers and Cartridges. 'JORXEIt JlATN AND CTIENAJIUS STS 1885. INTEREST "Will bo allowed On Time Deposits. Drafts oa all the leading Cities. Wm. T. Coleman & Co.. S. F.L.3IOKE, Manager Banking Department, Astoria. Oregon. II. B. PARKER, Iropr. First Class in Every Respect. Free Coach lo llie Honsc. C. W. KKOWLES. U V. BROWN. St. Charles Hotel, (European Plan.) BltOWX & KNOWLES - - Proprietors First Class in Every Respect, Good Restaurant Connected with the House Fire-proof Brick Bnildinic. ISO Rooms. In the Canter ot the City. Cor. Front and Morrison Sts.. Portland. Or SEA SIDE HOUSE. CLATSOP BEACH, OREGON. This WeU-Knovrn and POPULAR 'SUMMER RESORT "YI11 OPEN FOE THE SEASON OF 1S85, Saturday, June 27. Magnus C. Crosby Dealer In MMM, IRON, STEEL, Iron Pipe and Fitiings, STOVES, TINWARE AND TEEMS. Board per week...................... Board per day ....... uuuuren unuer iz, nan price. For further particulars apply to .$14.00 .. 250 C1IAS. OIILE. Manager. Sea Side. Or D. F. TnoMrsox, Receiver, Portland. E ELMO L0D0INGH0USE1 RESTAURANT SHEFT LEAD STRIP LEAD SHEET IRON, rj-r AND Copper. Figures J Cd tOL)C!til :; every-Jb.J on HVrr3.J Everything bought liere cuarantcd just iis uriucscnitn. iw uiu .11u1.1v , ciriv-wificfljastavv; thing fresh, and NEW GOODS on ever- JJOaff aieamer. jiciueinuer 1110 piace, S5& . , . I? PI I If.. A. STOKES & CO. -s-c-rX g " V? L A VN K 'P M, fcV - K5-. SfcSX C ;SsS5E5SfS'--.-5l 2l "'K S8BURBSS! K mmmmmmml 1 a",,rrrTr T nT' "r-" irTi-fiii -rvf 1 P- 5SpMsia5S15i in" to biitrciv anu w eicn were not con veyed, which was the case if there was. ii sinu oi Jiiiiiiiiui uulcuu sum uiock ll ad the tide-land in question not con veyed by the deed, thoy necessarily re-B niaineu m tneni, anu i uo not see now ea-A full line of GENTS FURNISHING GOODS for sale at Prices that Xefy Competition Good Farm I SQUEMOQUA STREET, conveyance included caid block 11. The 5l,,e ,co,(l ue aivesicu ouioi uiem v uu-, deed to Wilson of June 3, 1WG, purports i?f ,l!ie1' consent, imless such rights arc: But that would not be consistent with the holding in Parker v. liogers, 8 Or, IS!. Too much importance,! apprehend.1 has been attached to the tide-land act belore referred to. I seriously doubt whether that act confers any new riahts! ri.ist hv Xivmipc Qtrnr.1 ennth Uv UTtctupon me Siiorc-owner m sucn cases, ni-Mxrcc jrom upiaics, x.meitcs ana jrotsons. i .: a. ft. ii , 1 t' ... Ti fhmnrli hn line -niirrlinspn thn Innd inan nDflUDT C rrir iMinP rnrf" t rnumr i, onrc, ount tunc For Coiuchs, Sore Throat. Iloarscaeu. Colds. .. . . . tiBjwr '1'iin Tina na nurniTic ikz cunnrtn.-M ... ... i jgiront uyi42 leet eack: reference be-Slv.uin; i,"1' "i.,s iTi -"""''; inuncnr,iiroBeiiiu,Atama,cronp,wnoop. T- HIE uaQ tO tne lllat OI Said town Of As-Su,llu w "'o iiuuiii, nb n i .,o.ihv..uiu uu-oui;H,vininj-,-aininciic,naomtr fe toria. J-o lniii ont nc hpforn montinnrwl KnaTlRatiOn, anQ lie nau W same wntri-JI . isKUon.erui9Tl.rofltti.dI.ni.sfc to convey a parcel of land in the town of Astoria, described as being a pari of tne sctuenient riRtiis ot saiu Mnvciy, on which he had laid out and surveyed! said town, aud which premises consisted of lots numbered from 1 to 12, inclusive.' j. Kiunuiui; uiuch ii, which is uescriueu as jJS Sbeing bounded north by Water street,! iMertaler anfl CaDinet Maier,fetM,SS Ren .Qr KLUMIMITI TRADE YV MARK, I Hniinu fliiDrl mir Absolutehir HOUSE FURNISHING GOODSBj. k. Hamilton i-wp. No. C7 Water St., Astoria. Nice. new. clean lieds. and careful atten tion to lodgers. The Tahlo supplied with the best In season. THE BAR Its supplied with an extra quality of liquors land cigars. A Well Furnished Table ABUNDANTLY SUPPLIED I With the best and cooked in a neat and (wholesome way. can be found at Mrs. G. W. B Sucker's Private Itoardintr House, over Eat- lon & Carnahan's, next to Odd Fellows Bulld- iTenns; $5 a week. $22-50 per month. ipx a aay. SSSST: Pure Ice, Delivered at Your Door. This Ice Is cut on Lake Cocollaia andh Dure. All orders left at Post & Hansen's Astorial Soda Works will he promptly attended to. Manager. Commlna Transportation Coipy. FOR PORTLAND! Througli Freight on Fast Time! THE SEW STEAMER Tri QynlitiL LLLrnUilL t EIGHTY ACRES. TARTTA' IM V proved, on the Klaskanlne. For sale? cheaD or will exchance for city nronertv. Apply at Astokia OKce. R short Uivhlen nlnt had then h. HthnfrrnnhnrilaRe priyilcces before as aftenvards, andlK'i? 30 J?.?." Sold by DrnsrisU and vpvt to tttr astotitav TtiTTT.Tivn.H 1... -r rL t it.i. .1 .u f?l Vt. BHii r.hr. tnT.rntee.tnia unlands fromrrir:..-";.fr""r'.r '" "l"i ae"ieA.w -- suvi. ; .1. j.mi.iva. ol au jouis. Jiii?-kr:'w - ... . : -. ' T m .,.: - .. I Lilt! riLMIL HI U1UICM UM UU1UUU3 IIUIUI f.. ... it y- .t ., .. .. ......- rZl .Tl,n ,tJ -I nnnnt..o '..-. Wtll encroacnmentS Ot tlie SCa. ACCOrd-iisa eharaa mid. bv tadlnn on dollar tn v . tuui - xucucru iiiou i;uuiuiua l luiia: . ... ., - . - -:"j -----: J5T-A1I work done in a skillful manner on. nant to have said plat recorded as sooni" o mio tnere are Je sorts oi lort notice at reasonable rates. as there should be an offico provided byir,8at n ports ana snores . a irsu rax. auiazs a. togzub coxfast. aaQ vnai via niiimiaann, BalUstrt, KtrjltMi, V. S. A. "Which has been specially built for tho comfort of passengers will leave "Wilson & Fisher's Dock every Monday, Wednesday and Friday at 6 A.M. arriving at Portland at 1 P.M. Returning leaves Tortland every Tuesday and Thursday at 6 A. M. arriving at Astoria at 1 P. M. I TAn additional trip will be made on Sunday of Each IVeeU, leaving Fortland at 9 O'eleck Sunday Morn loir. rassengers b this route connect at Kalna for Sound ports. U. B. SCOTT, Presidenti