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About The daily morning Astorian. (Astoria, Or.) 1883-1899 | View Entire Issue (April 15, 1893)
:htp s jnn 4&'-$sz 'Ob ililfr;- Ml i AMmm& "'-ATOlfnTlm'-m- iff EXCLUSIVE TELEGRAPHIC PRESS REPORT. TOL. XL. KO. 8ii. AST0B1.A, OREGON, SATUIiDAY MORNING," APRIL J 5, 1893. PEIOE, ITVE CENTS, A T S T YTHIWG at HERMAN WISE'S, The Reliable Clotlne and Hatter, THE ASSIGNEE'S SALE AT- Parker k Hanson s Will be continued for a few days until further notice. Everything: MUST BE CLOSED OUT AND PRICES - WILL BE - CUT To Suit the Condition and the times. W, W. PARKER, Assignee. BANKRUPT. SALE! AT- Is drawing to a cloe, and in order to sell everything, we have made farther REDUCTIONS in every department. Lower Than Eves, CLOTHI3STG T SENATORS TALK They Air Their Views On Commis sioner Blount's Action. SENATOR OULLOM'S ISDIQNATIOH Secretary Smith Order Troop to the Fay all up Keiervatlon to Eject Ka II- road Builder. general, D. II, Turner,' of Portland; council of administration, Eugene Clark, and G, P, Sanderson, of Salem, Clark Walters, tt Helix, E. M. Sargent, of East Portland, Henry Bush of Baker City. Delegates to national encamp ment, O.'W. Grannls, D. B. Bush and Thomas Prothero. to Associated Press. Washington, April 14. Up to the hour of closing, the department of state, no Information has been received there re garding the action of Commissioner Blount in Honolulu. Carter, annexation commissioner from Hawaii, had an in terview with Secretary Gresham. in which he caid: "It is quite satisfact ory." He reiterated the statement that the removal of the flag was due to the condition of affairs in Honolulu, which no longer warranted its floating over the government buildings. "The pro visional government can and ought to sustain itself." he said, "I am not at all discoursed over the situation and believe we shall come out all right in the end." great attention among senators, though The news from. Hawaii attracted' great attention among benators, though there was much retiscence man. lfested when an effort was made draw them out. The democrats ie trained from giving utterance to what appeared' to be their real sentiments, and the republicans were equally cau llous, but said more for private ears than they are willing to see reproduced In cold type. Morril does not condemn the proceedings unqualifiedly but It Is easy to see that he disapproves of the act which resulted in lowering the American colors. Senator Cullom dep recated the act of the commlsloner and said, "I am not surprised that the pres ent democratic administration should order the Stars and Stripes to' be hauled down. They have taken the flag down whenever they had the op portunity and there was a time' when they had' it down in the Btates for quite a while." Senator Dolph, o'f Oregon, who is pronounced in his views in favor of an nexation, said: - '"I am as strongly In favor of tak ing care of those islands now as have ever been and would be very sor ry to see anything done that would frustrate their annexation to the Unit ed States. I have been afraid that the withdrawal of the Hawaiian treaty and other acts of this administration have Ween detrimental to this end and I cannot, in the light of the press dls patches say what effect Blount's action will have. Blount's action may be slnv ply the result of a desire on Cleve land's part to cut negotiations an a basis from which he can. deal with the native authorities anew. Washington, April 14. Secretary Smith has requested Secretary Lamont to send & sufficient force o ftroops to compel Frank Cross and his workmen to leave the Puyallup reservation in Washington, acroFS which they have commenced to build a railroad contra ry to law. THE REASON FOR SECRECY. , " Commissioner Blount Is Making a Rep utation as Diplomat. Washington, April 14. It is said that in hauling down. the. United States flag at Honolulu, Blount followed instruc tions given him before leaving here to the) ..letter; and that the teason for keeping the fact that ,he was em powered to do so a secret, was to pre vent possible disorder in the islands and to keep any other foreign country from stepping in unexpectedly. ROACH WANTS,, INVESTIGATION. Washington, April 14, The subject of the proposed investigation,, Senator Roach, of North Dakota, was precipi tated in the senate this morning by Roach himself. He said he was per fectly willing the investigation should proceed. Ho had desired the investi gatlon, but yielded to the advice older senators. I EN B Entire Police Force Called Oat to Disperse Mohs, and 8. II. McCarty appointed a com mission to prosecute. The matter upon which the charge have been made against them and upon which these proceedings are based, is that they ac cepted a fee to prosecute the case and then failed to take the case into court. THE FIGHTING EDITOR. 8H0P1IEEPEBS PAHIO Report of Trouble in Varlou Province Young King Alexander On The Throne. ' Phoenix, Ariz., April 14. Pete Spence, 8TEI0KEN of the Sentinel, yesterday killed an other Mexican, making in all Ave in the lost ten days. All were killed in self defense. Associated Press. ', Brussels, April 14. Disorderly demon. stratlons were renewed today. The MORE STORM VICTIMS. St Louis, April 14. Several more deaths are reported today as the re sult of Teusday's storm. It is now about twelve years since the French Tonniure Ronntv Art mnk strikers paraded the streets, and twice pftecti In 188l ,t wa 8hone that tnere came in conmct wun me ponce, i ne strikers threw stones and bottles at the police, and insisted thir orders to dis perse. Several persons were hurt. RIOTS IN BRUSSELS. of HAWAII'S ALTERNATIVE. Is s t Half Price, Fixtures For Sale. Store For Rent Claim That England or Germany Ready to Receive Them. New York, April 14. A Boston spe cial says - Hawaiian Minister Molt Smith who is in Boston, says the pro visional government of Hawaii will now appeal to England or Germany for sup port and that each of these nations stands ready to give them their sup port. . LIBELED CITY WANTS DAMAGES. Toledo, April 14. Today City Solicit or Read, in behalf of the city will file a petition in the courts here praying for an assessment of $1,000,000 damage against the Standard Oil Company. A grave charge of conspiracy Is made. It is alleged that the Standard Oil Company some time ago owned the Toledo Commercial, published therein articles greatly to the city's discredit, so that It was unable to dispose of Its bonds. BARBAROUS ACTS. Eufalla, Fla., April 14. J. D. Bar nett, keeper of store near the line of Qulllam and Clay counties, wa mur dered by Ed Olney, a negro. A posse of blacks and whites pursued Olney, captured, tied and shot him to death. Then they piled fence rails on the body and saturated them with oil, set Are to it and consumed the corps. G. A. R. ENCAMPMENT. Pendleton, Or., April 14. The grand encampment o'f the G. A. R. elected the following officers: Commander, J. C. Cooper, of McMlnvllle; senior vice com mander, W. W. Branne, of Pendleton; Junior vice commander, R. 8. Green leaf, of Portland; medical director, O. M. Dodson, of Baker City; chaplain. Rev. G. W. Gue; assistant adjutant A Legal Opinion State Law Repealed t The following is a copy of the opln Ion .$f ' Justice Cleveland on the gam. bling coses argued before him on Mon day. lost. The opinion was written at the request of several members of the bar, including Deputy District Attor ney Curtis: Gentlemen: As per your request, to gether with that of the deputy district attorney, I hereby give my opinion up on the question presented, to wit: "Has the State of Oregon Jurisdiction, over the crime of gambling within the 11m Us of the City of Astoria?" In the year 1876 the legislature of the State of Oregon passed an act making gambling a misdemeanor. In the year 1893 the legislature of the State of Ore gon granted to the City of Astoria in its charter the power license, tax, reg ulate and restrain gambling and gam bling' hoirees. -The- first question to be considered is": under Article 4, Section 22, of the Constitution of Oregon,, can an act of the legislature be repeated by Implication? In other states under a constitution similar to our own, and by the supreme court of our state Interpreting our constitution we find (1st) That a law can be repealed by im plication. (2nd,)That where a subse quent statute is repugnant to a prior one, it operates as a repeal of the first so far as they conflict. Statutes which repeal by implication are not obnox ious to Section 22 Article 4 of the Con stltutlon. (Fifth, Oregon, page 152.) Whete two statutes that are in con flict are enacted by the legislature up on the same general subject, the last enactment furnishes the rule of action and repeals the prior act by implica tion so, far as they conflict. (5th Ore gon, page 275.) See also Sedgwick on the Constitution, etc., pages 104 and 108, Dillon on Municipal Corporations, American and English Encyclopedia, volume 8, page 1084, and volume 15, page 676; 2nd Oregon, page 125; 3rd Ore gon, 282; 9th Oiegon, page 62. In the 14th American Reports, page 471, In the State of Missouri under a statute which made the keeping o'f a brothel a misde meanor. The- municipal charter subse quently authorized the city to regulate or suppress the same. One Kate Clarke was arrested for a violation of the stat ute. Her defense was that she had re ceived a license under the city ordi nance o'f St. Louis. The court of crim inal corruption held the defense un availing because the ordinance was not valid. Defendant appealed to the su preme court. In . the opinion the court says: "The legislature deemed it advisable , to throw upon the author ities of the city the responsibility of de-q elding what legislation would best pro mote the morals and health of the city, and therefore, virtually said to them: 'You are more competant to decide thi matter which concerns you so nearly, than we are. We therefore authorise you to enforce the general laws of the state on), this subject and suppress these houses, or regulate them as you may think best." Our state legislature has gone further and said you can li cense, tax, regulate and restrain. In the case of the State vs. Binder, 38 Mo., 451, the leglslatuie authorized the City of St. Louis to allow beer saloons to keep open on Sunday, although it was prohibited by statute. The court re garded this as a special exemption of the law, and, so far as that city was concerned, necessarily a repeal of the general law. It appears that full power and authority is given to the City o'f Astoria through Its city council to leg islate on this subject of gambling, in the city charter. In my opinion the State of Oregon has no Jurisdiction within the limits of the City.of Astoria over the offense charged against the de fendants. The ' power and authority given to the City of Astoria through Its charter repeals pro tanto the state taw. A, A. CLEVELAND. had been a decided falling off in the tonnage of that country. There had been a decrease of 10 per cent In about eight years. The shrinkage of more than a hundred thousand tons of ship ping was the cold fact. Then the ex- Brussels, April 14.-Tha police model rimfnt ot bountle8 goa. England an attempt to disperse an enormous crowd outside the People's Hall. The crowd resisted stubbornly and many workingmen were wounded. Great crowds gathered afterward in other parts o'f the city. Tradesmen became panic stricken and closed their shops Mounted gens d'armes repeatedly made charges on the crowd and many per sons were injured. The entire civic guard was ordered under arms and the regular troops confined to the barrack In readiness for1 any emergency.' A feel' Ing of dread prevails everywhere. Re ports of dlsorderds continue to come in from the provinces. A BLOODLESS COUP D'ETAT. - Belgrade, April 14. A bloodless coui d'etat effected here last night and Kln Alexander I.,the youthful rulw of Sal via, who heretofore has governed tht country through regents, today rulet in his own name. For many months past the situation In R;rvla has been critical, owing tc an abuse of power by the regents and state officials. Affair had become sc bad that the king determined to tak the reins in his own hands. As a mat ter .of fact the king, had, not attained his majority, as according to - Servian law, he does 'not become of age until he is 18 years old, and as he was born August 14th, 1870, he will not be 18 fot considerable over a year. ; ' The course taken by the young king Alexander will generally be attributed to the Influence of his father and moth er the ex-klng Milan and Queen Natallt The cop d'etat Is simply a revival ol the royal supremacy, which was first weakened by theseparation bf Milan an' Natalie, and seriously impared bj the abduction of, King Milan and the subsequent troubles in which the coun try was plunged, largely as a result ol the weakening of the crown. RUN-AWAY CABLE CAR Causes a Terrible Smash in Chicago. had devised a system of subsidies for the Increase of her shipping, but was free in her advice to other nations to discard that policy. In 1881 the mer cantile steam tonnage of France was 312,000 tons. Three years ago it was 492,684 tons. Since subsidies began to be paid the 'steam tonnage of that country has been Increased 219,912 tons. The amount paid to shipbuilders in the way of bounties from 1881 to 1887 has been $9,622,630. Tha most significant fact is that France- has Just extended her naviga tion and shipping bounties for ten years more. Increasing at the same time the bounties for construction. Under a free-trade system, French shlp-bulldlng declined. There was a material shrinkage of tonnage. It does not appear that the bounties for aj vessels has stimulated - any increase In that direction. On the oontrary. '.here has been a falling off of this class of vessels. But the rapid extension of the steam marine Is one of the strik ing facts of the day. France has undertaken to dispute the supremacy of the seas with Great Britain. Her ambition Is to become the leading sea power of the world as well as the lead ing military power. This marine su premacy Is sought to be obtained by i system of bounties. If there had been any inherent evil In that system, -liter an, experiment of ten years. France would have dropped it. But at the expiration of that period, a still more liberal system of bounties Is idopted,and the country makes as it were a new departure 'for maritime jupremacy. Under the former Act, the French tubsldy for Iron and steel ships was $11.58 per ton. Under the new act It Is $12 68 per ton. In addition to this, the subsidy for engines and boilers has been Increased from $1 15 per cwt under the Act of 1881 to $1 31 under the present law. The tonnage subsidy for modern vessels Is not quite half as much as that provided for iron and Several Injured. Chicago, April 14. A runaway cable! iteel ships. There Is also a bounty of train with passengers aboard whirled unchecked ten spuares through' the most crowded portion of the city this afternoon. It Its wild career was ended by a plunge down the jn-ade into La Salle street tunnel, where the train was derailed and wrecked, and the care strung across the track near the bot tom o'f the sharp Incline, the south bound train being involved in the gen- 21 cents per ton for each 1,000 miles run on long voyages. Since the first subsidies took effect in 1881 the re-' ductlon in plgtron and steel has been very great. This difference all Inures to the benefit of the ship builders. One authority places the reduction in the cost of raw materials at nearly one- half. This new contest for maritime supremcy is to be made to a large ex- eral wreck. There, the train Just ahead I tent with iron and steel steamships. The metal sailing vessel is not to be discarded, but the wooden ship Is no longer counted, as playing any promi nent part in the new competition. Leaving out of view the naval arma ment, France has undertaken to build ran away and came In collision with e horse car at the crossing of Randolph street. The rear car of the train wae derailed and the runaway coming up Immediately after, crashed Into thle car, turning i tat right angles to the track and directly "in the path of the up the largest commercial marine in next train coming out of the tunnel, the world. That Is the meaning of this The result was an awful smash and all new system of bounties, three trains went to the bottom of the a recent authority has pointed out tunnel together, Their Journey ended that this has become the settled policy finally when the grip on the runaway I of France. She has already reserved train broke off. The driver of the horse car, Frank Mack, and three passengers in the cable cars. Max and Annie Roas, and an unknown woman were serious- Algeria as part o'f her coastwise trado , and Is extending her flag in all dlreo tlons.Thls new competition is ini tiated at a time when there is unusual ly injured and over a dozen other peo- I dullness In the maritime world. Occa- ple suffered painful injuries. PRESIDENTIAL NOMINATIONS. Washington, April 14. The piesldent sent the following nominations to the senate: L. H. Manning, of Arizona, sur veyor general of Arizona; L. Q. C. La mar, of Mississippi, recorder general of the land office; Richard II. Alvey, of Maryland, chief Justice; and Martin F. Morrison, of the District of Columbia, I under another name. slonally the statement Is made that this Is the result ot over-building. But a large number of steam vessels now idle are found to be old craft.or those not furnished with the latent Improve ments, and for that reason cannot be operated with the requisite economy. The free-trade theory is utterly dis carded as soon as France strikes out for commercial supremacy. It is tarff and Seth Shepard, o'f Texas, associate Justice of the court of appeals for the District of Columbia Lamar, who is made recorder gen eral of the land office, Is the eldest son of the late Justice Lamar, of the supreme court. He , acquired some knowledge of the methods of the in terior department when private secre tary to his father while he was secre tary of the interior. TO DISBAR TWO ATTORNEYS. Boise City, Idaho, April 14. The bar association tonight agreed to recom mend the disbarment of 3, W. Badger What Is good for France in this re spect Is good for our own country. The race for maritime supremacy Is about to be renewed. Under a system which has practically free-trade, th merchant marine went down nearly to zero. WTienever an attempt has been made to encourage the building up of a mercantile marine In this country. It has been met with a protest form all the FreeJtrade doctrinaires. But In spite of -all this opposition, there Is today something like a national aspi ration to reach ' Just such results as France Is now striking out for with her new system of bounties,