THE DAILY ASTOBlAH, , ASTORIA, THURSDAY MOItHIN, MAY
5 iya.
ABOUT THE CUT. .
There were no new cases of any dls
crlptlon tried In the Justice Court yes--terday.
Raser's Extract Root Beer, the purest.
Raser's
cithers.
Root Beer Superior to all
ihe IJhatauqua Circle meets this
evening at 8 o'clock at thenwldence of
Mrs. C. J. Curtis.'
Decision in the
Court Street Cases.
If you want some extra tine photos,
Wooers' Is the place to get them.
is
Tho original Root Beer Extract
.teasers.
Frank Barnes yesterday proved up
on a pre-emption entry for 160 acres of
land In section 35, township 5, range 8
For fine wines and liquors call
August Danlolson's Sample Rooms.
at
Remember the Austin House at the Sea
side Is open the year around.
There will be a bible hour In the Nor
wegian Evangelical Lutheran church,
Uppertown, at 7:30 o'clock this evening.
The Belmont
Chas. Olsen's.
cigar can be had at
Meany is the leading tailor and pays
the highest cash price for fur skins.
A pre-emption entry for 160 acres of
land in sections 29, 30, and 31, township
6, range 8, was yesterday proved up on
by A. F. Stontr.
The street cars will not be operated
today until the latter part of the af
ternoon. F. W. Newfell, Supt.
For all kinds of Job printing, go to
Del. Ferguson, upstairs, Astorian building.
The plat of tho First Addition, to
Gearhart Park was filed with the re
corder yesterday afternoon. The prop
erty contains but fifty-eight lots, but
all are choice.
You can get the best 10-cent or two-
ror-a-quartir cigars in Astoria at Chas,
Uisen s.
Fresh fish received at the Albatross
Fish market daily. Salmon 10 cents
per pound.
The steamer Thompson arrived at
this city yesterday at 2 o'clock, and
brought the mall which usually arrives
here by the morning boat, the cotv
nectlon between train and boat having
been missed in the morning.
Don't fall to Bt'i and read the World's
Columbian Exhibition Illustrated. B
F. Coe, agent.
Buy Raser's Root Extract to make
a healthful, refreshing beverage. Sold
everywhere.
The Seaside House will be in charge
of Charles Ole during the summer sea
son just about to open. Mr. Ole was at
one time In charge of Ophir Farm, then
the property of Ben Holladay, but now
belonging to Whitelaw Reld, of New
York.
Tarties visiting In Portland can get. The
Daily Astorian at Handley & Haas' news
stand, lul) Jbirst street.
Free at Crow's gallery, a life-size
crayon with every dozen cabinets or
dered, urtei good for 30 days.
A handsome display of dress ma
terials in zephyrs and wash goods can
bo seen at the store of Shanahan Bros.
The tasteful manner in which the goods
are arranged makes the display one of
the best that lias been seen in Astoria
for a long time.
All our const exchanges are loud in
their praise of the Big Bonanza Co.
Liberty Hall, May 29th. Reserved
chairs at New York Novelty store.
Del. Ferguson, general job . printer,
Astorian building, upstairs. First
class work at reasonable rates.
See tho programme in another col
umn, for the entertainment at the
Methodist church Friday evening May
26th, at 8 p. m. Admission free. Bas
ket collection taken in aid of the piano
fund. All numbers on the program by
the boys and girls of Astoria.
The chance of a life-time to see Min
nie Marden, the little Georgia wonder.
Liberty Hall, May 29th. Reserved
cnairs at New York Novelty store.
Wing Lee has just received a full line
of Japanese curiosities and fancy goods.
Will sell at cost. 529 Third street.
Tho owners of the Netarts Beach
Hotel, in Tillamook county, are irnking
preparations for a lively summer bus!
ness. This In one of the most beautiful-
summer resorts on the Pacific
Coast, and one that invariably com
mends itself to the continued patronage
of those who visit it.
' A gill net with 415 corks; no marks on
leads or corks has been found. Owner
can recover by calling at A. Booth
Packing Co., and paying expenses.
Ryan & Co. 637, Third street, have
just received a full line of 1893 patterns
in wall paper, and comprising all the
latest designs and shades, at the low
est prices. Call and see them.
A challenge for a football Match under-
Rugby rules has been received by
Mr. F. W.Gunn, secretary of the As
toria Football' club, from the Fort
Canby club, the game to be played at
the convenience of the local players.
All who can find time to play are re
quested to send their names In to Mr.
Gunn at the Occident Hotel. The pre
ent weather will doubtless put the
ground In excellent, shape for play in
the course of a few days.
The public are cordially invited to
attend the- entertainment given by
Class No. 5, Mrs. Samuel Elmore, teach
er, at the Methodist church on Friday
evening. May 26th, at 8 p. m. It prom
ises to be very interesting. AH the
numbers will be of scenes and Incidents
of importance to all Americans. The
views aie of much merit and beauty.
The program is varied and not too
long. Be sure not to miss it and help
the young people to buy the piano by
dropping your mite in the collection
basket.
J. W. Thompson, organist at the M.
E. church, wishes to take a few more
pupils in music, piano or organ. Ad
dress, 589, Astor street.
Buy "Pride of Japan" tea. Our own
importation; rich, pure, fragrant, and
at no higher price than you usually
pay for an Irtfertor one. Ross, Higgins
& Company.
Continueg from First Paye.
and until their successors were- elected
and qualified, go that they stood, as far
as their right to resign was concerned,
just in the position that Crosby was
was in when his resignation was ae
cepted by the council. In deciding on
the validity of their resignation, the
Supreme Court of the United States
said: "It would seem plain that the
office of a, supervisor or town clerk
could not be terminated until his suc
cessor subscribed and filed his oath of
office, and that, when the supervisor
and town clerk before us supposed
tneir omces were at an end by their
resignations, they were In error
The resignations
may be made to and accepted by the
officers named, but, to become perfect,
they depend upon, and must be fol
lowed by an additional fact; to wit,
the appointment of a successor and his
qualification." "When it is said In
the statute that his resignation may
ba thus accepted, it is like the expira
tion of a term of office." "In form,
the office is thereby ended, but, to make
it effectual, it must be followed by
the qualification of a successor." Fol
lowing this case, I am inclined to hold
that Crosby continued to be mayor
until his successor was elected and
qualified. This being the case, Mr.
Bergman, in his absence or inability
to act, had the right to sign ordi
nances, and the presumption is that
official duty is regularly performed
and that when his signature appears
to an ordinance, it was placed there
upon one of the contingencies named
in the Charter. But, if Crosby abso
lutely ceased to be mayor upon the ac
ceptance of his resignation, I do not
think that this fact would prevent the
president of the council from acting as
mayor or render his signature to an
ordinance a void act. In addition to
the section of the charter already
quoted, I find this additional provision
which seems to indicate an Intention
on the part of the legislature to pro
vide for any possible contingency that
might arise by reason of the absence
of a mayor. Section 34 provides:
"That in the absence or inability of
the mayor, the president of the council
shall perform all the duties of mayor,
approve all ordinances, etc., requiring
the approval of the mayor." By this
section he is not required to sign as
"mayor," but to perform, the duties of
mayor. The law-maker evidently
meant something more than is ex
pressed in sections 43 and 47 of the
charter; and while the' language chosen
is not the best or most expressive, I
think a fair construction of it, accord
ing to its spirit, would cover a case of
either death or resignation of a mayor.
Statutes of this kind should not be
construed in a narrow and technical
spirit, but with a view to give effect
to the intent of the law-making power.
Thus, courts frequently disregard the
strict letter of the statute to give ef
fect to its evident intent. This, In
Nell vs. Wilson, 14th Oregon, page 412,
where the laws of the United States
gave certain privileges to pilots upon
waters forming the common boundary
between two states, our Supreme
Court, following the spirit of the law,
held that the word "state" should be
construed to mean and include a terri
tory of the United States. The courts
also havia frequently construed the
word "may" to' mean must and shall,
and the word "the" to mean a, when
the whole act taken together seemed
to indicate such an intent, so, that
in any event, I think that Bergman
was not only de facto but de jure en
titled to sign the ordinances in ques
tion. Every presumption is in favor
of the act 'of a public officer.
Code, page E8G.
Dolpy vs. Barnet 5th Oregon, 192.
Fair vs. Slmms, 24th Amer.Dec.,396,
Hartwell vs. Root, 10 Amer. Dec.,232,
I do not think the claim that Court
street was improved in 1872 is borne
out by the evidence.' X think when
the charter speaks of "Improvement"
it means a substantial improvement
of the kind commonly seen in city
streets. A single plank laid across a
mud-hole might improve the travel
on the street, but it would not be a
"street improvement" within the mean
ing of the law. The evidence In this
case show that in 1872 a dirt road was
built on some portion of the street,
but nowhere to its entire width, and a
side-walk, more or less substantial,
was built on trestles along one side of
the street for quite a distance; but
this does not come within the terms
of the charter which provides that
"any street or part thereof, which has
heretofore been or shall hereafter be
Improved by order of the Common
Council and the 'cost thereof assessed
upon the adjacent property, and which
has been, or may hereafter te accepted
by the common council, shall there
after be improved and kept in repair
at the city's expense." In order to be
exempt, therefore, from special assess
ment for street improvement, the party
claiming such exception must prove
the concurrent existence of three facts,
first, the street must have been pre
viously improved by order of the com
mon council; second, the cost thereof
must have been assessed upon the ad
jacent property, and third, the im
provement must have been accepted
by the council. Granting the first prop
osition, for the sake of argument, there
is no proof whatever that the cost of
the improvement was ever assessed
upon the adjacent property; In fact, it
clearly appears that it never was so
assessed; neither is there any sufficient
proof that it was fever accepted by the
council. The suggestion that the work
was done pursuant to an ordinance.
WASTED.
and that this fact la an equivalent to
an assessment on the aiolnlnar nrnn.
ertv. I ,,n,,,n ..... niRFORGKNEIUL HOUSEWORK CALL
" ' j mini li ii n vltMIIl I yjf
' id the evening at 107 Jackxon afreet.
"C1MFLOVMENT FOR MAN ANU WIK
rj work ot hit kind. Address "Work" F. O,
liux Ml city.
FO& SALIC.
rrOE STEAM KR DISf ATCH-
1 particulars apply
llwaoo, Washington.
-FOR FUllllIEK
L particulars apply to Aberdeen racking to
OO AfJRES I
135.00 PER ACKS IMPKOVUll
lariiiinir land w til Irmt trees, 20 acres
cleared, 2o acres pasture. Dwelling house, ware
house and other hiilldlniM. Half mile from
Steamboat landing at Uiookfieid, by boat nr
roan, inquire ci owner on premises MltS. 11. K
tiTlnl.- FLU
riHKAP A FEW CHOICE LOTS IN ADAIR
J Astoria-Easy terms. Bee Frank Spittle at
torney -M law i7JUass Htreet.
ROOMS TO It EST.
rTWK MAIN STREET 1IOIT8H HAS RKEV
A newly iiiniislied Uirouirliuiit: iilc.t i-oiiins for
rent by day, week, or month, by proprietor
uuu uiauager, una u. srn.i.iLittlUll.
TOOMS
LLV housetoeep.hg, No
IN
A GOOD LOCATION FOR
m Main stniei.
ATICKI.Y KITUNwH R11 if,mw nv nv
IN week or moulli terms Verv relisniiHhle nr.
but) isriui, iu mini Rireec.
LOST.
A BOUT 200 FATHOMS W VAX MAltynwiM
1 15 ply twine, ou the night of May lOtli, oft
r k omvem. r inner win uo reward uy appli
111 In Klmnro'u ..nh... ' '
MISC ELLAS EO VH.
rKhh ON P. BAKER. 478 THIRD STREET
j ana nave your clothes dyed aud claimed
riEO. Mclean, corner olneyand a
J tor streets, does a general business in black
smituing ana repairing.
Seaside Saw Mill.
A complete- stock of lumber on hand tn the
rougn or dressed, flooring. Rustic, Celling,
and all kinds of finish: Mouldings and Shin
gles; also Bracket Work dono to order. Terms
reasonable and prices at bod rock. All ordi rs
promptly attended to, Omco and yard at mill
11. r. L, 1AIUAN, fropr,
Seaside, Oregon,
NOTICE.
I will be glad to receive any items
concerning social events that residents
of Astoria desire to have published in
tne society columns or the Sunday Or-
egonlan. Such notices must reach me
not later than Thursday evening of
each week. JOHN It. RATHOM.
Oregonlan Correspondent, P. O. box 6S0
ROSS, HICCIN CO.,
butchers - and - Grocers,
Astoria aud Upper Astoria.
Fine Teas and Coff es, Table Deli scles,
Domestic and Tropical fruits, Vegeia
bles, sugar cured hams, bacon, etc.
CHOICE FRESH & SALT MEATS
JEFF'S, Tie Dull Restaurant
" exception in tne statute, "an
exception is to be construed strictly,
and not to be extended beyond the
plain Import of Us terms." The plain
tiffs have not brought themselves with
in the exception
It was also objected that the entries
made in the docket of city Hens were
insufficient to create a lien because
there were no marks to indicate wheth
er the amounts were intended to des
ignate dollars and cents or mere ab
stract numbers. The columns are ruled
for dollars and cents, and nobody
would be actually misled by the ab
sence of the usual dollar ($) mark.
Our supreme court has held that such
an entry as thia sufficiently indicated
the amount claimed.
DeLashmutt vs. Selwood, .14th Ore-
c., wi. SNrVTTAnK NKYI nnm TAW i umn
The objection that there was no levy en's. Seven romiu ana basement for
On n n.intltTa' mta a anaararal hr 1
t- - -.... w wjio nvivu vn
fact that no levy is necessary; the
moment the assessment was entered
In the docket of city liens it became
a Hen upon the property and no other
levy was required..
Freeman on Execution, 282.
Bank of British Columbia vs. Page,
7th Oregon, 454.
A sale without levy transfers the
title.
Freeman on Executions, 281, 282.
Bagley vs. Ward, 37 Cal., 131.
Blood vs. Light, 38 Cal., 649.
The objection that the date of sale
was fixed for a time subsequent to the
return day of the warrant is not a
vital one; the right of the chief of
police to sell the lots by virtue of
the city's Hen and the warrants held
by him before the return day and he
could sell the property after that day.
Remington vs. Llnthlcum, 14 Peters,
84.
Freeman on Executions, section 106,
. Wharton vs. Sexton, 4th Wheaton,
503.
Pettlngill vs. Moss, 74 American Dec,
747.
It appeared on the trial that lot 1
jn block 70 was assessed to Bowlby
and Thomson, when in fact it was
owned by the Clatsop Mill Co. The
law provides that the auditor shall
make up his entry from a certificate
furnished by the county recorder. An
entry so made is sufficient.
City Charter, page 32, section 85
Hawthorne vs. East Portland, 13th
Oregon, page 410.
Plaintiffs also object that the notices
contain nothing to show that the city
intended to improve this street at the
expense of the adjacent property hold
ers. As already shown, there was no
other way that it could be lawfully
Improved. The city had no right to
make this improvement at the expense
of the general public and the plaintiffs
being presumed to know the law, must
be presumed to nave known this, and
it was not necessary to set out mat
ters of law in the notice.
While some of the proceedings in
this matter were not as should be used
as precedents for regularity, and are,
in some respects, defective, I do not
believe there are any such vital defects
as would render them void. It is not
tho business of the court to quibble or
seek for faults in order to set aside
proceedings of this kind, but rather to
disregard technicalities and irregulari
ties ,ln form, so long aa the law
carried out In substance. In the case
at bar, the city council had jurisdic
tion over the subject matter. In the
exercise of such Jurisdiction it gave
notice, sufficient, in my Judgment, to
give it jurisdiction over the parties
and the property assessed. The plain
tiffs all reside in Astoria; all knew of
the proceedings, and knew that the
city was making) this improvement
with the Intention and under the belief
that the adjacent property was liable
for the cost of it, and that such cost
had been properly assessed against
said property; and, knowing all these
facts, they made no objection what
ever to such improvement. Some of
them went so far as to contract with
private parties to fill the street to the
grade in front of their lots; others ne
gotiated with the city about doing the
work in front of their lots. They did of all kinds done. Whop, foot of Lafayette Ht.
not then complain of the alleged irreg
ularities that they now urge, and, so
far aa the testimony Bhows, never ap
nrlsed the city of their objections until
the work was completed. By this general Machinists & Boiler .Makers
course of conduct they are completely Un hni MarlM En(tlne. noHer work, Steam-
estopped to complain now. boat sad cannery work a Specialty.
Elliot on Roads and Streets, page Outing! of All Deoriptioni Mtdt to Order at
418, 41.
In re Cooper, N. T., 507,
Hawthorne vs. East Portland, 13th
Oregon, 410.
Curtis vs. Water Co., 20th Oregon, 34.
Wright vs. Tacoma, 19th Pacific Rep.,
42.
State vs. Morristown, 34 N. J. Law,
445.
State vs. Mayor, 40th N. J. Law, 244.
Other objections were ably urged by
counsel for the plaintiffs; in fact near
ly every objection that could possibly
be suggested in a case of this kind has
been made by the able counsel in this
case, and, while the case is not free
from difficulties, I am of the opinion,
for the reasons herein stated, that the
defendants are entitled to a decree dis
missing plaintiffs' bill.
And It Is so ordered.
CAMPBELL BROS.
(Successors tn Warren A Campbell),
WARRENTON. OREUON,
Dealers lu
DRY GOODS,
GENTS' FURNI8HINO GOODS,
Hats, Cups, Boots, Khocs
8TAPLK
GROCERIES
FANCY
Hardware, Ironnd Steel, Crockery, Glassware
woocienware, rations, etc.. nay,
Groin, Klour aud Keecl.
MOTTOi "Small Profits Cash Nales."
HUNTER & MERGENS,
' Proprietors ol 1 ho
Corner Second and Ri nlun slrrcts
Corner Til lr.l and Wo t h.lulilh atreets.
Butchering Co
Foard & Stokes
anooEns
Dealers In Glassware, Crockery, Slilp Supplies,
Tobacco. Wines and Fine whlikies. Fine Thiu.
and Coffee a Specialty. The Flm-st Display of
Fiulis in Hie City, Fresh on Every Steamer.
iorner oi inira aim west Kigntii riireets.
MACHINE SHOP
JAS. DALG1TY, I'rop'r.
(Successor to Arndt & Ferchcn.)
Boiler Repairing- and Cannery Woik. Tlenalr-
iiiR of River Craft a Specialty. Machine Work
Our Stock Represent Over 1000 Styles.
Trouserings, Overcoatings, Suitings.
Prices $5 to $50.
Samples, Self-measurement
. Rules, and Tape-line
Mailed Free.
TAJLCR
128 FIRST STREET,
Portland, Oregon.
V 'J
Oh9
Worth more than standard value worth two fc
for the WoId's Fair and more than that to you.
We are selling half-dollars Tor a dollar a-piece,
You get a
Original
in
Design.
World s Fair
Souvenir Coin
for a Dollar
Beautiful
in
Execution.
A Work of Art h Itself.
face Market
value, value.
5.00 900.00
i.oo 900.00
.0 52.50
.05 100.00
01 5.00
.01 ' 50.00
24-33' 32-00
1.00 4.00
.66 1.25
.66 1.25
We devote the entire amount towards enveloping
and ennobling the People's Great Fair.
Souvenir and Rare Coins as an
Investment.
Join.
U. S. $5 Goldpiece 1823
U. S. 1804 Silver Dollar
U. S. Half-Dollar 1796
U. S. 1802 Silver 5-Cent Piece
U. S. 1856 Eagle Penny
U. S. 1793 Copper Cent (Amer!)
Queen's Jubilee 5-Sovreign, Eng.
Napoleon's 100-day sfr., French.
King William Coronation, Ger. 1861
German "Peace" Coins 1871
Thif will be the best investment you ever made-
A World's Fair Souvenir Coin
A National Heirloom for only $1.00.
Under Act of Congress we have 5,000,000
Souvenir Coins, of the denomination of 50 cents
each. That the money may go as far as possible, .
ancUthat all the people may have a chance to pro
cure these artistic and patriotic souvenirs of their own
Exposition, we have resolved to offer the whole issue
for sale at $1.00 each.
Apply to any Bank, or send Post Office or Express Money
Order, Bank Draft, or Registered Letter for as many coins as von
wish, with instructions how to send them to you, to
Treasurer World's Columbian Exposition,
CHICAGO, ILL.
ASTORIA liiOft WORKS,
OoDCumly street, loot Jackson,
Asioria, uregon.
Short Notice
JOhN KOX...- President and 8up-
U KUX .... ....-vice rresiutm
?. GUNN'S
IXFSOVES
.LIVER
PILLS
. ONLY ONE
FOR A DOSE
A WORD TO LADIES.
YhM iHlla r so different in tMt, raell and otton
irom otnnvaa my mitfnt oe eaiiea moiotea
eonfMtion. lAdiM snfferinf from headache and
thoM with ft&How oomplexiono who cannot take
ordinary pliU are delighted with them. They
majco to mud Deautuui, free from blotenea ana
pimple. Uq. Soeauko Med. Cfe. fhlUdeiphia, fa.
For sale by J. W, Conn, Druggist '
U5T
Tlie only Pore Cream cf Tartar Vt . '
Used in Millions of Hotnei
-Xo Ammonia; No Alum.
Years the Standard
J. O. TSIXJUTVLX,
r
Una Just received a fine
line of
WEDDING PRESENTS
rVinM.itnifr of Hlver Hon Him DUlm-,
Fruit Dish, Iterrv UiHiiCH. Nut HowK
MiutUrd I'utn. lllseiilt .(am. Celery
(ihiwieg, Hiilr Tin Try, 11 it CiikIiIonh,
Ficturn Friiinen; MirniiH, etc., nil new
RoodN HlKl I ill est designs.
North Pacific Brewery
JOHN K0PP, Propiletor.
Holiemian - Lager - lieer
Anit XXl-oiter.
All nrderti romptly nttended tn,
Merchant Steamship fos
Line, Connecting with
Cmadlna fitolilo Kallwajr ami China Htemii.
Ship Line,
'I aklng frelpht and paswiigein for I'ort Ang
les. Vlcioila, Pint TownseiMl, healllo, T;iiiiia,
Wliiileom, KilliliHven, NuhhIiiio, New WeMiiiin
Her him Vancouver : Leaving Asloila ;
H. 8. llxyiian i;epulillc.
8 8. Wilmington
8 .-. Ilnytla'i Keiiiiblie
Freight received at llutler wharf, foot ol
Main xt.eet. For furl her I'arnciilaiH apply a1
the otllce, earner Third am Main titreet.
KRltOU-lOV HIUM., A genu.
Do You Know
That the
Tide Table lor AHtorla.
MAY.
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7 ."i,2 8
8 2713 2
9 0113 4
V 4113 tl
10 30: 0
11 4''4 0
12 2H 0 V
1 81! 1 1
2 Hll 3
8 2.1 3
4 201
5 ll!
ft 01 1 8
6 40;2 1
7 iTO'2 4
8 iKja 7
0 0.1 3 0
10 01.1 8
11 10j3 4
12 50 6 4
1 .VII 0
2 47 1 4
3 41 I 7
4 83 2 i
6 10 2 3
ft M i 8
e 33 3 i
7 00 4 4
7 40 3 7
Weekly
Astorian
The hours hutu'en i.tiilfilil.l find noon nrp
dexlgiiBtPrt by A (a. m.), tlinufletweeii noon
anil midnight by V (p. in.),0 li. OOin. a deiiiittf
miaoigiit, un. . in. v denuieii noou.
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