"0
f w . . Ill
-r it i u
EXCLUSIVE .TELEGRAPHIC PRESS REPORT.
VOL. XL. NO. lis;,.
ASTORIA, OREGON, THURSDAY MORNING, MAY '25, 18U3.
TRICE, FIVE ( E.NTS,
ASSIGNEE'S SALE
Continued till old stock is closed out
at cost. New Goods arriving sold at
liberal discount.
jjinsmore
Auction !
Auction !
?
Auction
3 Sales Daily,
10 A, m.,
I P. M.,
7 P.M.
D
msmorel
SOCIETY ItiEETIlVUS.
Scandiuainan Bonovolent Society.
; .KiUI.AR MEKTINttS Of I'lUK SOCIETY
i. at their twins in Pythian building at eicht
jVi.jc.k v oh tin) second m.d murtii Tues
day j of f.acli month,
AUi. DANIKLSON Kecretary.
Ooau hluoampme-.t No. 13, 1. 0. 0. F
i l:(l'I.AIi MiWUNOS OK OREAK EN
A Ciiii;iiinMit No. VS. 1. O. 0. K., at the ImIkb.
In the wild lows ISiilMini!, at suveu i: M.,
on ttie seoo:M mid fourth Mondays of each
month. Hoiimriiitij: broLliritii eo diiilly tr.vitRil,
By oritur 0. j,
::iioiv juuunig & Lean Association
SUSIf ICKIHM.AU MliKTINfiH OK THIS ASO
i i.iution " held hi H i'. .. an the Urst
wmtiumday ofnaoto mouth. ORlfenn (ionevlevo
sinwt., 4wn,li ill Ciimiaimi.
W. 1.. KOBH,
Secretary.
Common Council.
-K"iL'l,AU MEETINGS, F1KST AND
t..uU iaMday e-si)im;s of each mouth
:. 8 O'clock.
erlvinons d :irnii to havttinatw rs ai;ic) upon
iy tlie Council, ;it any regular infot'-in must
present tlie s;iine to the Auditor umf Clerlt,
iu or before the Knday eveiiinjr prior to the
I'utMdH)" oti ivliicli tlie Ooune'.l 'l!3s Its reuular
niectiu. K. OhBUItN,
uditor and Police .fudge.
lloiint of I'llot CoinmlHHliiners.
rpili: REGULAR MEETINGS OFTHISBOARD,
J. will bo held on tho Urst Monday, of each
month at 10 a. rn. in tho rooms of the Atoria
Chamber of Commerce. W. L, KOBB, 8eo
G. A. is CO.,
BLACKSMITHING
HUln and Cannery work. Horaesnoelne. Wsur-
tons made and repaired. Oox w.'rk ftnaranteed
On Cats street, opposite lue liwa Talk ortlce
JEFF'S RESTAURANT
IS TIIK-
Bon Ton Ton Restaurant in the Town
(And the Finest on the Coast.
Dinner Parties, Banquets a Special'
The Finest WIum aid Liquors.
Ths Original end Genuine
(WORCESTERSHIRE)
SAUCE
Imparts the most delicious iaste and last tC
EXTRACT fj SOtPH,
oii,r.irt.Krmn)
a MEDICAL GEN.
TLEMAN at Mad
ras, to his brother
at WORCESTtlt,
May, 185L .
"Ten
LEA t rEKItliiS'
that tlir sauce it
bitrtily esteemed in
India, and ia in my !( .TnrvJ ... .
onnioo. the most C rW'J WEtXH-
Ml.i,I.L a v.JI K13W!Kr
an the mmt wlmlo. 4 HAH.EB1TS,
rme unce uaa u L. ; i
made." &e.
Beware of Imitations;
ee that you get Lea & Perms'
filtmatore on trrrj bottle of Oriirlnal At Oranine.
JOUX VVSl AX'ti OO.HNMtV YOKK.
lawdaiiiiiakl
I j UATIE.V
- FISH,
4Akot&co,'d
VZZF1 MEATS,
fciiJ ) GA.1IE,
PARKER, Assignee.
Special Sate Every Afternoon
For Ladies Only,
At 1 O'clock.
I. W. CASE
BANKER.
Transact1; a General Bankino Business.
Drafts ilrawu available in any par- of the D
Q a.ir. Dimnn II t - ... ..i .
rt.. uii.iij.v, .uu uu jiuiiK oiiK, uaiua,
Office Hourn: 10 A. St. to 3 P. M.
Odd Fellows Building, Astoria, Oregon
I. W. CASE,
INSURANCE AGENT,
KHI-KESISSTINO
Cerman-Anierican, New York City, N. Y.
Union Fire and Harinc, of New Zealand.
National Firo and Marine Ins. Co., of Hartford.
Connccticnt Fire Ins. Co.. of Hartford.
Home Mutual Ins. Co,, of San Francisco.
Phocnii, of London. I Imnerial. of London.
Now York Plate Glass Ins. Co.
ASTORIA NATIONAL BANK
DOES A
GENERAL BANKING BUSINESS
Accounts 01 Firms and Individuals solicited
uu rnvurauie luims.
Interest paid on Time Deposits. Alone?
Loaned on Personal cpenritir
Foreign and Domcstlo Exchange bought an1
D. K. Warren, President.
J. K. II lrc I on. Cashier.
J.C. Dement, Vice President
u. n. narrea, l
C. S. Wrlcht,
John llobsion, Directors
II. C. Thommos, 1
Theo brackfr, J
THE ASTORIA SATIN &S BANK
Acts as trustee for corporations and Individ
nals. Deposits solicited
Interest will bo allowed on savings deposits
On ordinary saving n oks 4 per cent, per
annum.
On term savingBboGkneperceut.perannnm.
wii uKriuira'.cs oi ueposu:
For throo mouths, i per cent, per nuimm.
For six months. & ber rent, ncr aiiihitti
For tweivc months, per cent, per annum.
I. W. CASK
President
.Vice-President
Cashier
..Secretary
J. Q. A. BOWLBY...
KKANK PATTON
W. E. DEMENT..... ..
DIKKCTOBS:
I. W. Case. J. Q. A. Bowlby.
(lust Holmes,
C. H. f ajfo, Benj. Youn,
K. J. Taylor.
A. n. Keed
THE PORTLAND SAVINGS BANK
OF POBTLAKD, OUCOOIT.
Paid up capital TJM.OOO
-,iiruiis ana pronis w 6u,UUC
MtAKK DEKUM, President.
i'. r. l mum rnON, Vice-President
H. C. 8TRATTON, Cashier
T. 13 . WTATT
Dealer in
Hardware snj Ship Chandlery.
Pure n, BrMt Varnish. Ch sclt OU. C ot
ton Canvas, Ifemo "aH Tv,me ljrd Oil,
Wrought Iron Splkwj, OaJvanlled Cut Nsil
Grooorloa, Kto.
Agricultural Implements, Hwln Ma
mat hluen. Paints and Oil.
IB, BRiGGS IN HIS OWN BEHALF
interesting Session of the Presbyterian
General Assembly,
SITE FOB A COLLEGE REJECTED
One Million and Quarter to lie Railed
Tliii Year In Aid or tlie Foreign
Mansion,.
Associated Press.
Washington, May 24. The Presby
terian general assembly resumed its
session this morning. The coinmlitee
on aid to colleges recommended' tbat
thv; proposition of Arthur Brown, offer
ing one hundred acres of land near
Salt Lake City as a site for the loca
tion of a college, be respectfully de
clined.
The report of the committee on for
eign missions stated that an effort
would be made this year to raise
$1,250,000.' -
At tho afternoon session Moderator
Craig convened the assembly as a
court. Dr. Brlgga ascended the plat
form amid an Intense quiet and made
a brief preliminary statement regard
ing the time required for argument.
Dr. W. F. Birch, hchalrman of the
prosecuting committee, th;n took the
floor. After touching oni the history of
the case Dr. Birch said:
"We here invoke this supreme court
to put an end to the dissension and dis
putation which the New York Presby
tery had vainly endeavored to ullence."
In reply to the argument that appeal
cannot be taken from a verdict uf ac
quittal, Dr. Birch said he who teaches
that the power of the general assembly
can be nullified by the will of a single
presbytery lifts the banner of treason
against the presbytery and churches.
At 3:15 o'clock Dr. Brlggs arose to re
ply to the opening of the prosecuting
committee and protested against the
entertaining of an appeal by the gen
eral assembly. Dr. Brlggs went . on to
argue that the form of appeal was In
correct, and there were many things In
It which must be trmoved before the
assembly could entertain it. He also
pointed out a matter Included In the
appeal which he said rendered It Inval
id. A much more fundamental question
was at stake, said Dr. Brlggs, than any
principle or doctrine that has yet btttn
dis-cussed that was, whether the Pres
byterian church should be considered
as merely a voluntary religious society
of the church of Jesus Christ. It was a
civil law of the land, he said, that no
man should be twlctt tried for the same
offense. Was the Presbyterian church
ready to Ignore ar violate a well settled
principle found by centuries of obser
vation and experience to be essential
to the well-being of a people without
any sufnetent cause? If this appeal
were sustained It would become an un
fortunate prescedent which would be
followed by public prosecutors who
would magnifylthfelr office and bring
differences of opinion and establish a
new and easy way for ambitious litig
ants to secure an authoritative d'ecls
Ion of the general assembly In many
matters which were now regardd as
a legitimate matter of private opinion,
and thus Imperil the constitution by
an unending series of heresy trials,
and result In changes In the doctrine
and law of the Presbyterian church,
The public prosecutors wertt pushing
the Presbyterian church into a very
incinsistent and dangerous position
Dr. Brlggs spoke an hour and a half
and then yielded for a motion to ad
journ.
FLOODS IN EUROPE.
Vienna, May 24. Czernlwltch has
been visited by a disastrous flood. Five
were drowned and many rendered
homeless.
Rome, May 24. Rain haseen falling
In torrents In the Piedmont Rien, over
flowing the lowlands. Several villages
are under water. Bridges were swept
away, railroads flooded, and traffic sus
pended in some places.
Berlin, May 24. The drought remains
unbroken. Official statistics concerning
Prussian crops show the kingdom is
Buffering heavy losses. "The hay crop
Is completely ruined in Bucharest. The
recent flood devastated whole cities.
Whole villages are submerged and
many railway bridges destroyed. Traf
fic In some places is suspended.
A FITTING TRIBUTE.
New York, May 24. James Gordon
Bennett announces In the Herald this
morning that In order to perpetuate
the paper as a monument to the mem
ory of his father, its founder, he pro
poses to make It a co-operative con
cern. In which every employe of the
paper, from the highest to the lowest,
shall share.
DEATH THROUGH CARELESSNESS
Burlington. Wis., May 24. The north
bound train on. the Wisconsin Central
was wrecked last night near Gray's
Lake. There were some leaky gasoline
cars In the train,- from which the .luld
spread over the water on each side of
the track. Some careless person lighted
a match from which the gasoline took
Are, and two hundred persons gathered
at the scene rait for their lives. A num
ber of them were terribly burned, and
one of the section hands was burned
o death. ;
CANNOT BE CLOSED.
Eminent Authorities Say the Directors'
Orders ajv insufficient..
Chicago, May 24. The Times tomor
row will print ' a . story claiming that
the World's Fair cannot be closed Sun
days by Injunction. According to the
Times, the United States as complain
antwould have no grounds on which to
ask an Injunction, nor would the Sab-
battarlans for that matter.Commission
er Clair satisfied himself on that point
by holding a conference with a num
ber of attorneys. The Times will also
print a dispatch from Washington
agieeing with Jthls opinion. Director
General Davis dald today .that from
his understanding the gates will be
opened next Sunday, and he should so
direct, unless restrained' by a more
Imperative mandate than the direct
ors' orders. .
i .THE WHITE CITY.
The attendance Rapidly Increasing
Ejjrtfoean Excursion Arrives.
Chlcagof May 24. The people outside
Chicago . are apparently beginning to
realize thaf thei World's Fair is really
open; and business at the ticket ofllces
Is beginning to fairly boom. Hotel pro
prietors are realizing the fact, as their
rooms art rapidly filling up. Since the
opening day nearly three-quarters of
a million people have paid for admis
sion to the "White City," and-the at
tendance seems to bean the steady In
crease.
CLAIM THEY CAN PAY UP.
Moscow, Idaho, May 24. Friday next
an assignee will be chosen for the Mc-
Connell Magulre Company, which was
closed last month by the sheriff, and
a representation of creditors: will be
present 'to reach some agreement. The
Arm claims to' be able to meet all ob
ligations If allowed to resume business
In Its own name, but Is anxious to ac
oept any reasohable proposition sd
that the house can open again Immedi
ately.
AT THE TOMB OF WASHINGTON.
Washington, May 24. The Infanta of
Spain and suite, members of the cab
inet, the diplomatic corps and other
distinguished people todayvlsited the
tomb of Washington at Mount Vernon
FAVOR THE EIGHT-HOUR DAY.
Brussels, May 24. The miners! Inter
national conference adopted a resolu
tion, to favor the eight-hour day, and
also a resolution In favor of an inter.
national strike.
HANGED FOR MURDER.
Lamar, Mo., May 24. Amos Avery
was hanged 'here, this morning for the
murder of Jas. A. Mills. On the gal
lows he declared his Innocence.
DROUGHT IN FRANCE.
Paris, May 24. Two months' drought
In France, It is estimated, has des
troyed every franc's worth of crops.
RAVAGED BY LOCUSTS.
Moscow, May 24. Locusts are ravag
ing nearly the whole province of Sa-
toff.
. BUSINESS AND INDUSTRIAL.
Pig skin Is now used for men's shoes.
British India licenses 10,147 opium
shops.
Aluminium slate pencils are made In
Illinois. '
. ...
Willlamsport has the. biggest sus
pender mill.
A Paris telegraph office employs 900
persons.
There are 9,000 telegraph bureaus In
France.
It costs 2 1-2 cents to put up a can of
tomatoes.
Strawberries are 5 cents a quart at
Plant City, Fla.
An electric freight line Is In opera
tion In Maryland.
Melbourne has built the first Aus
tralian locomotive.
Great Britain has more than twenty
thousand trained nurses.
There are nearly 'sixteen thousand
miles of railroad In Canada.
There are 20,006 American publica
tions, a gain of 1,292 In a year.
Of the 51,000 breweries estimated to
be In the world 26,000 are in Germany.
The money circulation of the United
tates Is estimated at $1,600,000,000.
Fully 26 per cent of all the cham
pagne made is lost by the bursting of
bottles.
It requires more than 1,600,000 sheep
to supply the mutton consumed in Lon
don. Cleveland carpenters will be paid 30
cents an hour for nine-hour day, begin-
In May 1st.
Decision in the
Court Street Cases.
The Astorinn was yesterday unable
to publish In full Ithe decision of
Judge McBrlde In the case of "Itene C.
Parker et al. vs. the city of Astoria,"
better known as the "Court street
case," but recognizing the far-reaching
Importance of the decision and the
general Interest of It, the findings of
the court are today given In full, as
follows:
This Is a suit brought by a large
number of plaintiffs to restrain defend
ants from selling certain property of
plaintiffs for delinquent assessments
for the Improvement of Court street
In the city of Astoria, and to cancel the
entries made In relation to said aiit.ess
ments in the docket of city lens:
The plaintiffs claim that the pro
ceedings in relation to said assessments
are void for substantially the follow
ing teasons:
1st. That the council unlawfully
attempted to alter the grade of suld
Court street, and that said Improve
ment was made to the grade to at
tempted to be established, and that
the proceedings were therefore veld.
2nd. That no proper -notice was
given of the intention, :to' alter or
change the grade of said street, or to
make the said Improvement, or of the
assessment; and that no proof of the
publication of said notices was ever
made of record.
3rd. That at the time of the passage
and approval of said ordinances thete
was no mayor, and, that consequently,
the president of the council had no
authority to ( approve the ordinances.
4th. That said Court street had been
previously Improved at the expense of
the owners of the abutting property,
and that consequently these assess
ments were Improperly made.
6th. That the assessment was not
proi.erly entered hi the docket of city
liens.
6th. That no levy was made upon the
lots of plaintiffs, and that no suffi
cient notice of sale was given.
7th. That the date of sale was fixed
subsequent to the return day of the
warrants.
8th. riaintlff Clatsop Mill Company
claim that lot 1, block 70 Is not as
sessed to Its true owner.
propose to consider the objections
urged In the order that I have stated
them; -To tl.e first objection, that
ordinance No. 1409, which fixed the
grade at which the work was done on
Court street, was an unlawful attempt
to change the grade of the street, It
may be fairly answered that paid ordi
nance does not attempt to change or
alter the grade, but to fix It. It was
clalm". trt. rr'l-.ftnr To. 7" intrn-
duced by plulnttfiV, and pbssi:d In the
year '1872, fixed the grad.; c." r:M
otreet, but It does not pretend to estab
lish such grade, except at crossings,
and only Incidental to the grade of
other stieets, I dn not think that fix
ing the grade at crossings only, Is fix
ing tho grade of the street, because
theie is no law or practice that re-
pulre a street to be Improved on the
same grade between crossings that it
Is at crossings. To hold that the grade
of the street may be established by es
tablishing the grade at crossings,
would violate the spirit and Intent of
the charter, which provides that
notice shall be given of an Intent to
establish the grade of a street, and
that property owners on said street
shall have the right of remonstrance.
This would be rendered entirely nuga
tory If the council could, by giving no
tice of intention to establish the grade
of other streets crossing Court street,
and acting on such notice, thereby do
Indirectly and without notice, that,
which they could not do ditectly with
out notice. Aside from this considera
tion, I am of the opinion that the estab
lishment of the grade of a street Is
an entirely separate proceeding from
that of Improving a street, and that
the question of grade is a collateral
proceeding that cannot be inquired In
to in this suit. It Is a matter within the
jurisdiction of the common council,
and, being so within their jurisdiction.
their decision Is final except where it
Is attacked ditectly, either by review
or other appropriate remedy, taken. In
that particular proceeding, and not col
laterally. It Is a judgment and Juris
diction once attained, It must be given
the same force and effect as the Judg
ment of a court of competent Juris
diction, Gay v. Bradstreet, 77 Amer. tec,
272.
Elliott oji roads and streets, 223,
231.
In re Buhler 32 Barbour 79.
' Balfe v. Lommen 10 N. E. Rep. 92.
McEnnerv v. Sullivan, 23 N. K, 040.
Morrill v. Morrill, 20 Oregon, 96.
City charter, page 29, Eectlon 6,
Lewis on eminent domain, section
657. j
Plaintiffs' next contention is that no
sufficient notice was given of the In
tention of the council to Improve said
street. I am of the opinion that the
notice sufficiently describes the nature
of the Improvements. Convenient cer
tainty Is all that Is required.
Charter, section 77.
But it is urged that the notices were
not published the requisite length of
time. The charter provides that "no
grade or Improvement Can
be undertaken or made without ten
days' notice thereof, being by publica
tion In a ncwupapor published in the
city of Astoria," etc. It Is contended
that this, in effect, inquires ttiat no
tice shall be given each day for ten
dayB, and that, as In tills case, two of
the ten days wete Sundays, that there
fore, the notice was void.
I cannot adopt this view of the law.
Sunday publications are to te Included,
unless excluded by the statute.
Code, page 466, section 619.
Taylor vs. Palmer, 31 California, 240.
Miles vs. McDermott, 31 California, '
271.
A statute requiring ten days' notice
to be given by publication. Is compiled
with If notice is published once more
than ten days prior to the proceeding
referred to In the notice. The first
publication In this matter was more
than ten days prior to the happening
of the event decided In the notice,
and thereby the statute was compiled
wlh.
, Savings Bank vs.- Baltimore, 18 At
lantic Rep., 809.
P. R. R Co. vs. Shipley, 19 Atlantic
Rep., 1.
The objection that there is no. proof
of publication of notices among the rec
ords of the council Is not tenable. The
charter does not require proof of such
lng.
publication to be made a matter of
record, and It was sufficiently proved
on a trial In this court that the publi
cation actually was made. This is all
the law requires.
Jolly vs. Foltz, 34 California, 321.
Blair .vs. Hamilton, 32 California, 50.
Seattle vs. Doran, 32 Pacific Rep.,
105.
State vs. Landls, 13th Alantic Rep.,
251.
The next objection, and one thnt
seemed to me on first Impression, to
be a very serious one, Is that Isaac
Bergman, president of the council, had
no authority to sign ordinances Nos.
1409 and 1482, upon which the validity
of theBe proceedings rests. On the trial
It appeared that on April 14, 1891, one
M. C. Crosby was the mayor of tho
city, and on that day he sent in his tes
Ignatlon and the council accepted It but
Instead of choosing his successor Imme
diately, they spent several weeks in
bcylsh wrangling over candidates, until
November 7, 1891, at which time Sum
uel Elmore was elected mayor. After ,
Crosby's resignation and before the
election of .Elmore, these ordinances
wore p:SHed and were signed by Isaac
Bergman as "President of the Council."
Counsel for plaintiffs rely . on section
47 of chapter 7 of the charter, which Is
i"! follows: "During the tvHence of the
mayor from the city, or if he be unwell,
it from any reason be unable to at
tend, the piesldent of the council shall
be the acting mayor and perform the
duties of such office during suchabsence
or disability, except as otherwise pro
vided In this act," Counsel contend,
with much plausibility and force, that
before the president of the council can
act as mayor there must be a mayor In
esse and that he must have been absent
or unwell; that In this case, there was
no absence of the mayor or sickness of
the mayor, but that there was no
mayor, and that this contingency is
not provided for in the charter. If this
is true thete is an end to defendants
case, but I cannot assent to the propo
sition, plausible as It seems. The char- .
lor provides that the mayor shall hold
his office until his successor Is elected.
and qualified. It also provides for his
resignation and the election of his suc
cessor. Taking these sections together,
I think that It was never the Intent of
the law-maker that the mayor could
lay down his office absolutely, and
leave the city without any responsible
head. He might teslgn and his resig
nation be accepted by the council, and
thereby, for tho purpose of electing
his successor, a vacancy could exist;
but for all other purposes he contin
ued mayor until his successor was
elected and quallt'.eel. Tho decisions,
on this subject are few and not uni
form, but the case of Badger, et al.
vs. Th? United States, 93, U. S.
r.eems to mo to be so mrch
In accird with Justice and public
convenience that I shall follow It
In this case. In the ease cited Bad
ger and his two fellow plaintiffs In
error, were, respectively, Justices of
the peace, town clerk and supervisor
In the fewn ft Ambv, Illinois. One
Bolles had obtained a Judgment against
the town which It was their duty
to audit and pay; In order to avoid
this duty they sent In their resig
nations to the selectmen of the town,
which resignations were accepted. The
selectmenas in this case, failed to
fill the vacancy thus created; there
was a statute, as In this case, pro
viding that they might resign by
sending their resignations to the select
men: there was also a statute, as
In this case, providing they should
hold their offices for a certain term,
f'onffnurif on Third Prtz,