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About The daily morning Astorian. (Astoria, Or.) 1883-1899 | View Entire Issue (April 4, 1893)
v " I- EXCLUSIVE TELEGRAPHIC PRESS REPORT. VOL. XL. 80. ASTORIA, OREGON, TUESDAY MORNING, APRIL 4, 1893. TRICE. FIVE CENTS, r A T A T THE ASSIGNEE'S SALE AT- Parker k Will be continued for a few days until further notice. Everything MUST BE CLOSED OUT AKD PRICES - WILL' - BE - CUT To Suit the Condition and the. times. W. W. PARKER, Assignee. DON'T DELAY! The Dinsmore Bankrupt Store Will be open for only a short time longer. This is your last chance to buy at your own price. Everything must be sold. Look at Our Prices; Hey Mil Surprise You 40-inch all wool Black Cashmere worth 81.00 40 inch Black Henrietta 40 inch all wool Black Serge 54-inch Ladies Cloth Black Uros Grain Silk ft) Cyclone Onr 8G.00, $7.50, $3.50 an! 80.00 Men's Suits for , $5.00 Our $3.50, 810.50, 811.50 and $12.50 Men's Suits for $7.50 Oar $13.50, $10.00 tU.OO and $20.00 Men' Suits for $10.00 Beet quality overalls worth 75c 50o Sboes and rubber goods at bait price. A $300 Cash Register for eale dies p. v Fixtures For Sale. Store For Rent YTHING at HERMAN WISE'S, The Reliable Clothier and Hatter, Hanson's DON'T DELAY! 50a per yard - 55o per yard COo per yard GOo per yard 90o per yard $1.15 per yard $1.00 $110 $1.25 $1.75 82.23 mines 1 PLAIN DOT! Pass the Gambling Ordinance. OPINIONS OF EMINENT LAWYERS They Maintain That There Is No Illegality Whatever in the Matter. This Is a Measure .That Is an Im mediate Necessity for As toria's Welfare. Prominent 'Citizens "Who Look for Support on the Question of the flour. It Is probable that the gambling ordl nance will be Introduced at tonight's meeting of the city council, and wishing to give the people a few facts, The As. torian has decided to give particular prominence to some of the arguments brought forward "In support of its Btand The Astorlan is in receipt of the fol lowing communication from Judge Ra- leigh Stott, of Portland: JUDQK STOTT'8 OPINION. Office; of Stott.Bolse & Stott, attor neysatlaw. . Portland, Oregon, March 31st, 1893. To the Editor of The Astorlan: Dear. Sir: "I have considered the question you propounded in regard to the new city charter of Astoria em powering the city to license gambling. From your letter I understand that the new charter expressly grants the power to the city council to license gambling. If that la so and the city has the express power granted it in plain terms, an ordinance licensing gambling may be legally passed and enforced, in my opinion. Such a provision, giving the city council the authority, in ex press terms, would operate to repeal by implication the general law against gambling within the limits of your city. In some states it has been held that the words "regulate" and "restrain" In a city charter imply the power to li cense; but this Is denied in many other states, and the rule laid down is that the right to license must be plainly con ferred or it will not be held to exist. This' rule is sustained by the greater weight of authority and is, in my Judg ment, based on sound reason. The courts of the different states are united in further holding that a charter or special act passed subsequent to the general law and plainly irreconcilable with it will, to the extent of the con flict, operate to repeal the latter by im plication. Without having a copy of the pro vision of your new city charter before me, I can only say that if the power to license gambling is allowed by ex press terms in your charter, the coun cil may pass and enforce an ordinance to that effect. Respectfully yours, . RALEIGH STOTT".. KEOM DISTRICT ATTOKNIT HUME, Office of District Attorney, 4th Judi cial District, W. T. Hume, District At torney. Portland, Or., March 31, 1893. To the Editor of The Astorlan. Dear Sir: In response to , your re quest asking us to furnish you an opin ion upon the legality of the new As toria city charter, or that portion of it which permits and authorize the city council to pass an ordinance licens ing or recognizing gambling. I will say that I have examined the proposition with considerable care and And that It Is within the power of the legislature by special act to pass sub sequent to a general law, to repeal the general law so far as It relates to the particular municipality. . That if the legislature has by speci fic enactment conferred to the City of Astoria the right to license, control or regulate gambling, this would by Im plication repeal the general law relat ing to gambling so far as it relates to said city, and an ordinance passed un der and by virtue of a city charter as above - described would be val id and . enforcible, any per sons carrying on gambling with in your city by virtue of such license would not be liable to prosecution un der the general law. In support of this proposition we cite: First, Dillon Mu nicipal Corporations, third edition, Bes- tlons 87, 88 and 89, American and Eng lish Encyclopedia of Law Volume 15 page 974. See also Patrick D. Palmer vs. State of pregon, 2 Oregon Reports, page 66. The great weight of authority while not unanimous In the several states, supports the proposition above set forth, and much as It may appear to be contrary and against publio mor ality, and the general prevailing re ligious views, it nevertheless appears to be the law, and such is our opinion. Re spectfully submitted, W. T. HUME. JOHN H. HALL. -: SOUK OF OUR SUPPORTERS. C. P. Upshur. ' William B. Adair. , U. O. Fulton. George II. George. , Or. Jay Tuttle. - Hon. C. W. Fulton. xtnrr Jehu V. name. Thomas O. Trulllnger. Dr. II. W. Strlckler. judge F. J. Taylor, " Or. HI. IS. Walker. Grant Trulllnger. Ji Ferguson. Or. II. 1. Sruttb. W. I.. Chleuhart. EB. Hawes. . D. J. A. Fulton. Btv. P. Carlson. J. B. Wratt. ' JiMaes Laws. - J It. manaell. . II. G. Van Ousen. Dr. A. It- Fulton. Theodore Bracker. Phlll A. Stokes. Captain B. F. Packard. F. C. Reed. James Stokes. H. G. Alallett. Hon. John Fox. TKRB8 Of THK OKDINAMCB. The City of Astoria does ordain as follows: SECTION 1. That no person or persons shall, either directly or Indirectly, In person, or by another, set up, maintain, keep, or carry on, any gaming or gam bling house, within the City of As toria, Clatsop County, Oregon, except as in this ordinance provided, and any person who shall set up, maintain, keep or carry on any gaming, or gambling house in violation of the provisions of this ordinance, shall upon conviction thereof, where no other punishment is provided, be fined, in any sum not less than one hundred dollars, nor more than three hundred dollars, or by im prisonment in the city Jail not exceed ing one hundred days, or both such fine and imprisonment, In the discretion of the auditor and police judge. It is hereby made the duty of the chief of police, and of each police of ficer of the city, to see that this ordi nance Is strictly enforced, and to make complaint to the city attorney of each and every violation of any of the pro visions of this ordinance, and of the city attorney . to prosecute all persons violating the same. SECTION 2. before any gaming, or gambling house shall be set up, main tained, or kept, or carried on within this city, the person, or persons desir ous of setting up, maintaining, keeping, or carrying on the same shall apply for, and take out a license therefor, which license shall be In the name of the per son applying therefor, shall designate the place, or house where gambling may be carried on, and shall not be transferable. Before a license shall Issue under this ordinance, the appli cant shall petition the common coun cil in the manner provided in section 3 hereof, and shall also present to the common council with said petition, a bond in the penal sum of five hundred dollars, with two or more sufficient sur Sties payable to the city of Astoria, conditional that he or they will well in all things comply with the pro visions of this ordinance, during the period of one year from the date of the beginning of said license. Attached to said bond shall be an affidavit of the sureties to the effect that they are freeholders in the City of Astoria, and are in the aggregate worth one thous sand dollars, over above all their Just debts anl liabilities, and property ex empt from execution. . SECTION 8. The petition of the appllr cant for a license shall state: . first the name of the applicant. (Second. Whether such applicant has before held, or whether he then holds a license, and If so, at what time such license expired or expires, and the kind of license. Third. At what date such applicant desire such license to begin, and ex pire, and the place where such gaming, or gambling house is to be carried on. Said petition shall be verified by the applicant, or if more than one, by at least one of such applicants, stating that such -petition is true. SECTION 4. The receipt of the treas urer shall be given to the applicant for the amount paid into the city treasury by him, and shall state that the amount paid by him is paid for a license for a gambling or gaming house, to be re funded in case the common council shall refuse to grant the petition of the applicant, otherwise upon issuing the license, to go into the po lice fund . of the city. Upon the granting of the said petition by the common council, the mayor shall ex amine the bond of the applicant, and approve It if it, to In compliance with the provisons of this ordinance there for, otherwise to disapprove it. SECTION I. Upon a full compliance with the requirements of this ordinance by the petitions, the granting of the said license by the common council and the approval of the applicant's bond by the mayor, the auditor and police Judge ghall Issue to the applicant a li cense to carry on a gaming or gam bling house for one or more years from a date to be specified In said license. Said license shall be numbered, and shall be for not less than one year, Continual on Third Pagt, LAST CHAPTER OF THETRAGEDY THe Faneral or Miss Effle CM at . Eyaaston. HER LOVES'S LIST LETTER Be Is Crased With Grief at the Lost ot Hor Lot Testimony of HU Former Room Mat. Associated Press. Chicago, April 8. In the Northwest ern University chapel at Evanston, this afternoon, the funeral service was auld over the remains of Miss Effle Clark, of Spokane, Wash., who waa murdered Saturday night. The services began at 2 p. m. President Henry Wade Rogers, afficlated. This forenoon the casket was placed in the chapel and covered with floral offerings sent in by young girls, and friends. Many friends ot the deseased availed themselves of the op portunlty to see the dead girl, before the funeral services were held. At one o'clock the body was taken to; tht chapel. Following the hearse rode tht pall bearers and representatives of the Woman's Club of the University. The chapel was crowded with studentsarul towns people, and outside the ground! contained crowds of curiosity seeker? whom the dramatic tragedy attracted Miss Clarke's body waa brought to Chi cago .accompanied by a short proces sion of friends and pall bearers, and th casket was transferred ' to the Unio. Pacillc station and sent westward tht evening. An Inquest on the body of Ross Smltl was heald at Evanston this afternoon Among the personal effects found oi him was the following letter to hit mother: . "I am nearly mad with suffering ant' I hardly know what I am doing. I an barely able to move about today. M sorrow is more than I can stand. ) have asked help from Hini on high, bu' as UBu'al, I got the opposite of that, fof for which I prayed. The only hopo : have of recovering comfort is to ge' such control of my emotions that I cat keep thoughts from entering my mind As the hours go by and days pass, 3 feel that I am growing weaker unde: the awful strain. I wrote in my. last letter, that Mr. Clark had only 3uccei.-d ed in separating Effle and me for i matter of time, and that I still havi her affection, but now that is gone; tht natural result from the position li which Mr. Clark's actions and demam have placed us. I went out to see he. this week for the first time since sh received her father's cruel letter, am she told me she could no longer give m uffectlon a:il that she lad bo- mlr. during tho last five years. I asked he why her love had been withdrawn, an she raid: 'Father told me I must glv- you up, and I can love you no more a I must do his will.' Oh, God! I an thankful my sori'w at this time cat come but once In a lifetime. I feel tha- the climax of my life is reached and mj doom Is close. How sweet would havi been my sorrow if I had only follower her to the grave." J. D. Wood, Smith's room mate, tes titled: "I noticed that he had been nervoui and excitable for some time. Saturda) morning his condition was worse. Hi seemed unable to keep his mind on an) one thing and would take up a paper oi book for a moment and then throw ii down. He spoke of his affection foi Miss Clark and the sorrow which had come to him on that account. Almost all Saturday morning be spent holding his head in his hands and weeping. H had her letter telling him of Mr. Clark'i decision, and other letters from Mlsi Clark. During the morning he threw them all Into the furnace. While they were burning and for an hour aftor wad. Smith stood weeping in front of the furnace." : LOOKING FOR SMUGGLERS. San Francisco, Cal., April . The rev enue cutter Corwin, is cruising around Bollnas bay In hope of capturing a smuggling sloop rumored to have been seen In that vicinity lately, A short while ago, smugglers in Victoria, are said to have sent a vessel out with sev eral hudred pounds of opium aboard to be landed, as It Is supposed, in Puget sound. The vessel Is believed to have made a dart for California with the in tention of running her cargo in at some of the bays or shelters north of San Francisco. TERRIBLE RAILROAD ACCIDENT. Edwardsvllle, His., April S. A terri ble railroad accident occurred at 6:15 tonight on the Jacksonville' Southern railroad near Glen Vernon. The local freight going south and the passenger accommodation train going north, col lided, completely wrecking the freight train. Both engines and one passenger car were wrecked, four men killed and a number of others seriously Injured. The killed are: Cal Ashpaugh, engineer, Jim Handley, fireman; Hugh Wood, fireman; Scotty Welsh, miner. Among the seriously injured are: J. II. Vander werter, baggage man; Walter M. Cur ran, engineer; Tom McKeenan, miner; and many others injured slightly. The accident Is attributed to negligence on the part of :he local train men. NO HERO AFTER ALL. George E. Richardson Arrested for Tak ing up the Rail. Portland, Or., April 3. George E. Richardson who dramatically flagged the Southern Pacttio passenger train near Drain, last Friday morning, and Informed the conductor that the track had been torn up, was arrested and placed In the county Jail at 8:30 tonight, on a warrant charging him with' hav ing attempted to wreck the train The first intimation that Richardson was suspected of being a wrecker came in a dispatch yesterday from Sheriff Noland of Lane county to Sheriff Kelly of Mult nomah county. This afternoon Sheriff Noland came to this city and proceed ing to the hospital where Richardson was confined, placed him under arreBt. Noland says he has secured evidence sufficient to Justify the arrest. A depu ty sheriff has been in the hospital watching Richardson since yesterday. When seen at the Jail tonight Richard son denied that he removed the rail from the track. His Injuries are merely superficial and he is not suffering. In October, 1892, Richardson flagged a Union Pacific train between Baker City and Pendleton when It was about to run into a bowlder on the track. He received 88 reward from the passengers. The company, however, suspeoted that io rolled the bowlder on to the track, jut they had no conclusive evidence. Jeforo Richardson was taken from the lospltal tonight Superintendent Fields )f the Southern Paciflo and Superln :endent Minster of the Plnkerton's De tective Agency had an Interview with him. They endeavored to secure a eon 'esslon from him and were partly suc cessful. He admitted that he rolled the bowlder on the Union Pacific track, but tnswered evalBively when asked if he ;cmoved the rail from the Bouthern Pa olflo track. He will be taken to Eugene tomorrow, T . . - . .. . MAY NOT TURN OUT A HERO. . Portland, Or., April S. The latest de velopments in the attempted train wreck on the Southern Pacific near Roseburg, indicate that Richardson is not so badly hurt as at first reported. Detectives are now at the scene of the ittempted wreck, working on the the ry that Richardson and other parties planned the affair for the purpose of receiving a large reward from the Southern Pacific. It is expected that .rrests will be made soon. A FATAL FIRE. Two Men Jump From a Hotel Window and are Killed. Point Arena, Cal., April 3. A Are broke out In the Grand hotel early this .his morning and spread rapidly to jther buildings in town. About a doz- n structures, comprising most of the business portion of the town were de stroyed. Graves and another man Jumped from the hotel window and re delved Injuries from which they died in a short time. There were a num oer of narrow escapes from death. The fire waa caused by upsetting a lamp In the bedroom of the hotel. . AFTER THE ROSLYN ROBBERS. Baker City, Or., April S. There was a ripple of excitement in the city this afternoon occasioned by the arrival of Deputy Sheriff Banks, and Detectives Francis and Farly of Washington. They were after Tom, George, and William McCarty, suspected of being tho Ro.slyn Bank robbers. The Washington officers called to their assistance Sheriff Condee and Deputies Francis and Kennyson wh tarted for Haines, twelve miles from this city, where William McCarty and family reside. Upon knocking at thu door, the sheriff was covered with a Winchester in the hands of William, and the Sheriff was relieved of his rifle. The men then escaped. Deputies Ken neyson and Farley found George Mc Carthy and experienced no 'trouble In effecting his arrest and conveyed hli.i to the city. The Washington officers are of the opinion that Tom McCarthy is the Individual who robbed the Denver bank of $21,000 about two years ago. A posse is in hot pursuit of William and Tom and their capture is probable. A TRUCE AT, ANTLERS. Washington, April 1. Secretary Hoke Smith received the following letter to day from Agent Bennett at Waggoner, IT., relative to the threatened Choc taw trouble: "A temporary truce was arranged yesterday. The armed forces are dis banding but the situation Is yet serl.xis and seemingly uncompromlsable under the present Choctaw government. Pend ing your consideration and action aJl hostilities ceaso." The war department telegraphed Gen. Miles, commanding the department of the Missouri, to send officers to Antlers, the scene of he trouble, and Investi gate. ... r-- r x