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About The daily morning Astorian. (Astoria, Or.) 1883-1899 | View Entire Issue (June 27, 1895)
THE DAILY ASTORIAJV ASTORIA,- THURSDAY MORNING, JUM4 27, 1895. -for Infants and Children. THIRTY years' observation of Caatorift with the patronage of millions of persons, permit ns to speak of It withont guessing. It is unquestionably tho tost remedy for Infant, and Children the world ha. ever known. It it harmless. Children lite it. It gives them health. It will save their live.. In it Mother, have romcthing which i. absolutely afo nnd practically .perfect a. a child's medicine. T ' Castoria destroys Worm, Castor! n allay. Faverishness. Castoria prevent. vomiting Sonr Card. Cagtoria onres Diarrhoea and Wind Colic. Cagtoria relieve. Teething Trophies. -Cnstqria onre. Constipation and Flatulency. Cagtoria nentraHteg the effect, of carhonio acid ga. or poi.onon. air. Cagtorja doe, not contain morphine, opinm, or other narootio property. Castorla assimilates the food, regnlatos the stomach, and howelg, giving healthy and natural .leep. Caatoriai. pnt up in ona-ske pottle. only. It i. not .old in hnlh. PonHallo nny one to gell yon anything ele on the plea or promts that lti wjnt ag good" and "will answer every pM-pose.! See that yon get C-A-S-T-O-R-I-A . The fao-simlle pignatnre of Children Cry for Pitcher's Castorla. MAKE Attrotive. Stnrtby being the uAnn most beautiful creature in it. I lJl 1C l( you have beauty preserve it. If not, you can improve your looks immensely. Where there's a viill there's a way. A good way is the use ol my articles, especially Lola JJontez Creme 75o per pot. Brings beauty to the face by feed ing through the 6kin pores, gives life to faded faces. Sold by Mrs D K. BLOUNT, 457 Duane St. Ass toria.Oregon. Mrs Nettie Har- J -..-J'i"-J irison, Amenoa'. 'beauty doctor, 40 and 42 Geary St., San Franoisco, Cnl. PROVEN A BOON. Gentlemen: I have always recom mended Krauoe's Headaune Capsules wherever I have had a chance. They have proven a veritable boon In my family against any and all kinds of headache. Yours truly, J. 3. WALTER, Leavenworth, Kansas. For sale by Chas. Rogers, Astoria, Oregon, sole agent Mrs. T. S. Hawkins, Chattanooga, Tenn,, says, "Shllor's Vltalizer 'SAVED MY LIFE.' I consider It tne best rem edy for a debilitated system I ever used." For Dyspepsia, Liver or Kid ney trouble, it excella. Pilve 75 cts. For Sale by J. W. Conn. The Worlds Fvf Tests ' showed no bu'.:!ng powder so pure or so great in leav enlng power as the Royal. The most pleasant little pills for regu lating the. boweSs, are De Witt's Little Early Risers. Cure sick headache and constipation. Small pill. Small dose. Charles Rogers. KARL'S CLOVER ROOT, the great Blood purifier, gives freshness and clearness to the compie.'cio'i and cuies Constipation. ?5 cts.. 50 cts . f 1.00. For Sale by J. W. Conn. Violin Lessons given by Mr. Emil Thlelhorn, graduate of the Hamburg Conservatory, Germany; also a member of the Chicago Musical Society. Studio, corner of 12th and Commercia streets, up stairs. "A TALENTED EDITOR." Gentlemen: I had occasion to use several boxes of Krause's Headache Capsules while traveling to Chicago to attend the National Democratic Con vention. They acted like a charm in preventing headaches and dizziness. Have had very little headache since my return, which is remarkable. Yours. resoectfuliv JOHN U. SHAFFER, Ed. Renovo (Pa.) Record. For sale by Chas. Rogers, Astoria, Or., sole agent When occasion demands its use, try De Witt's Witch. Hazel Salve. It is cool ing to burns, stops pain instantly, cleanses, a perfect healer for scalds or skin eruptions. Always cures piles. Charles Rogers. KARL'S CbOVER ROOT will purify . i i i AtAnM vn... inmnlnlnn. rpp jruur uiuuu, vice. . f -' ulate your Bowels, and make your head clear as a bell. 25 cts., 60 cts., and 11.00. Sold by J. W. Conn. 3 tow Fire Works! Fire Works! The New York Novelty Store Has jnt received n new stock of Fire Works, Fire Crackers. Bombs, Flaes Banting and China Lanterns, which will be sold at Bedrock Prices. Committees in the snrronndinj country will do well to give us a call before purchasing elsewhere. The New York Novelty Store, v , Opposite Occidental Hotel. P. S. A full line of Baseball Goods, Buggies always on band- i on every wrapper. E. flcNEIL, Receiver. Gives Choice of J mo Tfatiseontinental Koutes, Via Spokane and St. Paul. Via Ogden, Denver and Omaha or St, Paul. Pullman and Tourist Sleeper Free Resllning Chair Cars, Astoria to San Francisco. Oregon, Saturday, June 8. State of California, Thursday, June 12. Oregon, Tuesday, June 18. State of California, Sunday, June 23. Oregon, Friday, June 28.- State of California, Wednesday, July 3. Astoria and Portlnd Steamers. Hereafter the O. R. and N. Co.'s boats will run as follows, between Astoria and Portland. The Thompson will leave As toria at 6:45 a. m. daily except Sunday, and Portland daily at 8 p. m. except Sunday. The T. J. Potter will leave Astoria at 7 p. m. fr . ind Portland at 7 a, m. dally except Sunday. For rates and general information coll on or address C. F. OVERBAUGH, Commercial Agent, Astoria, Or H. HURLBURT, Gen. Pus. Aft.. Portland, Or. Japanese Bazaar SINQ LUNG. Prop. A new supply of Fire Works just received. The finest ever brought to Astoria. t 417 Bond Street, next door to Mouler's Fruit Store. IF es$- As Franklin says, good dress opens all doors, you should not lose sight of the fact that a perfect fitting suit is the main feature. Wanamaker & Brown are noted for fit, workmanship and superiority of qualities. Their rep resentative visits Astoria every three months. Office 64 Delcum Building, Portland, Or. Reserve orders till you have seen the spring line of samples. Children Cry for Pitcher's Castorla. Fisliing Tackles, Croquet Sets nd Baby Tide Table for June, 1 895. BIOS WATEE. LOWW1TM, A. K . r. K. A. If. P. M. h.m I ft. h.m ft h.m ft. km fi 7 80 6 4 (TW74 142-21 14' it 8 47 6 6 S6M78 2 50 18 2 6:; 20 1001(16 (4681 862 0 4 84! Jl 11 00 6 7 10 81 8 6 4 47 -04 j 4 II .) 6 U02 68 11 17 8 8 6 88 Id 62h 8 12 52 6 7 6 24 -1 6 l: J 001 8 8 141 6 6 710-16 7 0 12 04387 225 66 762 -16 7 4:. I ! 1 2684 S 07 6 7 8 80 -12 8:4 207 81 14668 9 0 -0 8 II 26076 42469 946-08 10 07:14 1 8:1 7 0 00 6 9 10 22 0 2 11 0; I 4 20 6 4 6 8S 7 0 10 6m 0 8 11 47 ) 0 5 13 6 8 S IS 7 1 II 86 18 61666 701 71 052 28 1217 1! 7 26 5 8 7 46 7 8 1 64 2 4 1 16 2!) 88852 S 86 7 6 2 54 1 7 211 2 7 9 51 5 4 9 22 78 647 10 8 10 :1 0 1054 57 100882 4 87 0 4 4 07:92 11 62 6 0 10 64 8 4 S 21 -0 6 6 01 ;t 8 12 42 6 4 11 42 8 7 8 08 -1 7 6 62.14 1 80 6 6 8 62 -1 8 6 4'.' : 2 02888 S14 7 1 7 86 -1 9 7 8" 3 1 1 15 88 26574 819-18 82029 S 05 8 6 ( 87 7 6 9 02 -1 6 9 12 2 V 2 57 8 1 4 18 7 6 9 46 -1 0 10 OK ' S 62 7 6 4 58 7 6 10 81 -0 4 11 0U 2 4 62 6 9 6 42 7 8 11 16 0 6 . 8 00 6 6 6 28 7 7 0 10 1 7 12051 T1B60 719 78 1 24 1 3 1 057 DATE. Bnturday., 1 8UNDAY..2 Monday.... 8 Tuesday ... 4 Wednesday 6 Thursday.. 6 Friday 7j Snliinlay., 8 SUNDAY.. 9! Monday... 10 Tuesday .. 11 Wedn'wl'y 12 Thursday .13 Friday. ...14 Friday 21 Saturday. .82 SUNDAY. JKi Monday... 84 Tuesday ..8f wedn'sd'y 26 Thursday .27 Friday 28 Saturday. .29 gUHDAY, 80 ALONG THE WATER FRONT. The Cascades came down the river yes terday morning; with two barge loads of stone. The schooner Allen A lumber laden for San Francisco passed out over the mouth of the river yesterday afternoon. The Rathdown's cargo rates for salmon are ranging- at 40 shillings all round. This is a much better price than has been ob tainable for some time. The salt for the schooner Surprise ar rived from Ban Francisco yesterday. She will put it aboard and leave out on her Alaskan Ashing- cruise tomorrow. The Manzanlta returned, yesterday afternoon from Tillamook rock. She will remain in port for another two days before starting on Jier cruise for Puget sound, The imalm mast of the pilot schooner San Jose will be put in the vessel this morning and it Is expected that she will be completely refitted and ready for sea by the end of the month. The steamer Oregon came up from San Francisco early yesterday morning and, after discharging several tons of miscel laneous freight, left up the river for Portland. A stick of yellow fir ninety feet long and as straight as an arrow, without a knot in it from one end to the other is lying down opposite the Dalgety Iron Works. It will be trimmed into a spar and sold tp any vessel that needs it. Captain Gregory, of the Manzanlta, ran his steamer alongside the Rat'hdown ye. terday afternoon and placed the bowsprit in position for the captain of the ship. The courtesy of the popular captain of the light-house tender was highly appre ciated by all connected with the Rath down. There has been considerable trouble with Kalboth's seining outfit lately, re sulting from a mistake made by the mak ers of tOie new seine sent from Boston early in the month. It was not nearly deep enough and ihas had to be enlaged considerably. Kabotih put in 700 pounds of shad among his catch from the old seine on Tuesday. The bowsprit of the Rat'hdown was completed at the Astoria Iron Works yes terday morning and hauled up to the O. R. & N. dock where the vessel lies. The work of straightening out this boom has been completed to the entire satisfaction of everybody and only goes to show how well equipped the Astoria Iron Works is to handle any kind of marine business. The Northern Pacific Steamship com pany's new vessel, Strathnelrs, now en route to Tacoma, and due July 3, left Yokohama on her first voyage to Tacoma Oast Wednesday. She carries a full cargo, composed of 2,500 tons of tea, for over land points; 1,400 tons of general freight for Tacoma and Sound points, 100 tons for San Francisco, and 250 bales of silk. The North Pacific made her maiden trip to Ilwaco yesterday morning with a con siderable amount of freight and a fair nurrtber of passengers. It is not yet definitely settled whether she will make a double trip every day or not, audi much will depend on the condition of tne chan nels on the north side of the river. Soundings are now being made with a view to determine whether she can make the two round trips. The steamboat men who are attempting to form some sort of a pool In tho Bell- ingham bay freight business, have not yet come to an agreement. There was an other meeting at Seattle Saturday wltn- out any decision being reached. It is an nounced that the meeting adjourned with out action to meet later in the month because of the absence of P. P. Shelby in the east. Mr. Shelby has charge of the Great Northern traffic department on the Sound and has been in oil the meetings before the one held Saturday. Mr. Benjamin J. Berry, one of the in corporators of the Cape Cod Ship Canal bill, which became a law June 4, ana wno has been for ten years endeavoring to secure the passage of such a bill, said in an Interview that the corporators, all of whom are Massachusetts men, are pre pared to begin at once the work of con struction at Bass river, between the towns of Yarmouth and Dennis. They feel sure ef success, and say that in two years ships will be passing through the canal. The work is expected to cost from 35,000,000 to 38,000,000. IBluelbacks were running a little better yesterday, though all varieties of fish were etiii very slack. The very low stage of the water is extremely favorable for seining and the returns from this branch of the Industry are fair. Yesterday three seines put in 4,000 pounds each, one-half of this catdh being bluetoacks ana steel heads and the other half chinooks. This is about the average catch of the various kinds of salmon from seines. Traps are catching about one-third steelheads and bluebacks, and the other two-thirds chi nooks, but ara making very poor hauls. The P. I. says editorially: "From the Mississippi river days wltih a "nigger on the safety valve," steamboat racing has been exciting and enjoyed even by uiosa on board. The explosion on the whale- back Christopher Columbus only proves what has been proven hundreds of times, that these aquatic performances ere always attended with more or less danger. The steamboat captains of the eouna ae- Ught in testing the speed of their crafts, and the recent catastrophe on iaxe Michigan gives us an idea of what we may expect if this racing folly Is coun tenanced. The British shin CbttLagong arrived In the river at 7 o'clock yesterday morning and anchored in mid-stream opposite the Parker dock. A large number -of people crowded the docks to get a look at her as she came along to her anchorage. She has aboard 1,200 tons of tea and curios consigned to several eastern localities. After remaining in port a lew nours sne started up the river for Portland at a slow rate of speed. The Chlttagong is an Iron ship 1241 tons net, and 1S12 tons gross. with a capacity for carrying z,5uu ions of carro. inclusive of 600 tor.s of coal. She was built in 1881 by R. Dixon Co. of Mlddlesboro, Eng'.and, for W. V.r Cot field & Co. Her length is 276 feet, ber team 36.J feet and depth of hold 23 feet. When she entered the river she was draw ing 22 feet 6 Inches, an extraordinary fig ure for her small amount of cargo. She burnt thirty tons of coal on iier trip from Victoria to this city, and Intends to save thirty tons In freight from the Columbia, by coaling up full In Victoria before she starts for the Orient. Her boilers are of ISO horse power and are the product of the well known Arm of Blair & Co., Stockton, England. The steamer had a considerable list yesterday to star board, but it seemingly 'had no effect on her running powers, as she made ex cellent time down from British Columbia. She will in all probability be down here ugiln fully laden by the end of the week and ready to Start on her return voyage. The little United States revenue cutter Scout, Lieut. G. L. Carden in command, arrived In Tacoma on (Monday and began making testa of Kangley Coal for the gov ernment. The Scout, for several weeks past, has been making tests of Blue Can yon coal at Whatcom, and Gilmore coal at Seattle. She Is working under orders from the treasury department in order to determine what coal shall be used by the government for its revenue marine ves sels. A number of revenue vessels on duty with the Bering sea. fleet now use Blue Canyon coal under a contract which expires July 1. It is expected that when the treasury department decides on the coal It will use for the ensuing year the navy department will adopt tihe same coal and use It for the ships of the Ber ing sea. fleet. It Is believed that the bulk of the old steamer Messenger, Which was burned in May, 1894, will be removed from the Ta coma channel, where it constitutes a memace to navigation. Harbor Master Cllft has been endeavoring for a year to get the government to remove the wreck, as it has the facilities and keeps men employed for Just such work. Tues day Captain Jefferson of the government snag-boat Skagit, which Is kept at Se attle,' was in Tacoma under directions trom Engineer T. W. Symonds to make an estimate on the cost of taking out the wreck. He was shown about by Captain Cllft and it is hoped that he will receive orders to do the work. The hull will probably be taken over on the tide flats for filling In purposes or funk in deep water. The wreck is now located on the east side of the channel. John Taylor, the mute of the big Brit ish wheat. ship was in such dread of the avenging wrath of George A. Ballard, the watchman at the Novelty mill, who thrashed him and put him to flight early on the morning of June U, that he stowed away on board of his own ship and dared inot ohow himself on deck as long as she lay at Tacoma. Ballard swore out a, war rant charging him with assault and bat tery, and his brother officers, in order to avoid service and to protect him from Ballard, stowed him away In the hold. The Tacoma News, in telling the story, says: "So cleverly dldi they fix his hid ing place that a search all over the vessel made by officers failed to disclose it, and he accordingly came to Tacoma. in his own vessel as a stowaway. The erring mate naturally thought that when be ar rived here his troubles would be at an end, and came out of hiding, only to be hurried back to the dark hold again shortly after anchor wus dropped. The reason for this was that the Seattle officers thought he was hidden in the ship and a man was sent over here to 'lay' for him and arrest him If possible. The men aboard were too bright for this move to succeed, and, despite a careful watch, succeeded in keeping their first oillcer out of the clutches of the Seattle constable. The ship was patrolled night and day as carefully as a mat of war, and any stranger coming aboard was watched like a hawk and followed about wherever he went This sort of thing was kept up all the time the vessel was loading. When the time came to batten down the hatches and prepare for sail ing those in the secret fixed the matter up so that an. examination showed that Mr. was not on board, and was not the first officer for the return trip, Whether a fictitious name was used for the real mate, or whether It was shown that there was no first mate shipped at all, is not known, but it is certain that the gay officer did not lose his berth, nor did the Seattle authorities find him, although ihe was on board the Drumrock all the time and shipped with her on her return voyage." FROM ILWACO. To the Editor: The various commutes for the Fourth of July celebration at' Fort Canby and Ilwaco have been working hard the past eek on closing up the Important work of making a program for the day. Al most everything has been arranged. The day will be replete with amusements that will give enjoyment to all. Follow ing is the program which is now com plete with the one exception of the orator, which we will be able to give in next Tuesday's edition: MORNING EXERCISES. Opening Music by the band Introductory remarks President of the day Invocation) Rev. Atkins Vocal solo Mrs. Kelllher Reading Declaration of Independence David Kenzle, Jr. Quartette Fort Canby Glee Club Remarks M. N. Short Music ...By band Oration "America" Vocal and Instrumental National salute 44 10-lnch calibre guns AFTERNOON EXERCISES. Boat drill Life Saving Crew Boat race, sailing (fish boats) Cash prize, 110 Dinghy r.ice (1 man, 2 oara)..Sllvir medal Climbing greased pole, open to all.... Cash prize, $2 100 yard dash, free to all Sliver medal 75 yard dash, boys under 16. .Silver medal 60 yard race for ladles First prize, Silver medal; 2nd prize, card tray 120 yard handicap race 1st prize, gold medal; 2nd, silver medal Pole vaulting..., Silver medal Standing broad Jump... Silver medal Putting the 12-lb shot Silver medal Running broad Jump Silver medal 20 yard race, free to all 1st prize, silver medal; 2d, silver medal 50 yard sack race Silver medal Three-legged race (50 yards) Cash prize, 12.50 Running high Jump Silver medal U0 yard hurdle race ..1st, silver medal; 2nd, smoker's set Apparatus drill by life crew. Bicycle race, (one mile) free to all.... 1st prize, gold medal; 2nd, silver medal EVENING EXERCISES. Fireworks. Grand ball. Entries for all sports can be made to either Otto Hall, of Ilwaco, or to Jos. Lanzon, of Ft. Oanby. The total amount of prizes to be awarded, foots up to $120. These prizes are no snide affairs, but genuine, A 1, and of which the lucky winners may well feci proud. They will be placed on exhibition in Ilwaco several days before the 4th. t An entrance fee of 50 cents will be re quired for all contestants for bout races, and -25 cents for all other events, ladles and boys races excepted. This fee will be returned to those who 'actually take part In the race, otherwise It will be forXleu. , . J. S. B. AN ARTIFICIAL MOON. ' M. Stanislaus Mnler. an.- eminent French experimental 'geologist, has imi tated tne lunar surrace In miniature by exposing a plaster comtoslUon wetted with water to the heat of i stove. The escaping steam forms bubbles, which burst, forming the familiar volcanic peaks ana craters of the moon. tih mimic volcanoes occur along certain lines and in various groups; tracts on th Iturface remain flat, like the "seas" of the moon. long lines of fracture re produced, .r,d If sand Is sprinkled on the plaster the re semblance of Its blistered surface to the moon becomes still great er. ' OREGON FISH LAWS The Rights of fishermen De fined Very Clearly. A , COMPREHfcNSIVE OPINION Judge McBride's Decision in the Warren-Cook Controversy Far Beaching and Important. F M. Warren et al. vs. John Service. This is a suit brought by F. M. War ren, R. Eventing, Sylvester Farrel and Mary. Fltjspatrick against John Service to prevent the defendant from maintain ing an obstruction in the Columbia river, which plaintiffs claim is so situated as to prevent the plaintiffs from exercising their right to fish for and take salmon upon the waters of the Columbia- opposite Fltzpatrlck's island In Clatsop county, The pMntlffs allege that one John Fitzpatrlck, died seized ot certain tide lands which constitute a part of what is known as Fitzpatrlck Island and that Mary Fitzpatrlck has an Interest In her own right In said ifands, the other plain tiffs being also in possession thereof. That the same are so situated as to afford special facilities not enjoyed by the public at large for Ashing for salmon In the Columbia river, and that but for the alleged obstruction complained of the plaintiffs by reason of the 'possession and occupancy of said tide lands could and would catch (from said river a large quantity of salmon In said river to their great profit. That In view of these special advantages, incident to tmo pos session and occupancy of said) lands, the plaintiffs, other than the said Mary Fitz patrlck, have gone to great trouble and expense in preparing to flEih In said river with the purpose of using said tide land as a Ashing station and availing them selves of Its advantages. That the fish ing season will terminate Aug. 10 and that the right of occupancy of all the plaintiffs except Mary Fitzpatrlck, will terminate at said date, That the defendant has placed and Maintains a large ecow In said river at about 300 feet from the shore of said river at low tide andl that it is so an chored as Ho prevent plaintiffs from ex erclslng their common right of flahlng to their irreparable damage, etc. That the said obstruction is placed there for the purposei of Injuring plaintiffs and preventing them from fishing and for no other purpose. The answer, after denying most of the allegations of the complaint, alleges that one J. W. Cook purchased from the state certain tide land on the Columbia river and that defendant is Cook's lessee, and the scow aforesaid is anchored by de fendant in about feet of water and about 60 feet from shore over said tide land and that defendant is engaged in fishing In said river and is using said scow for the purpose of fishing, etc. A temporary Injunction was Issued and the scow removed, but Immediately there after defendant commenced driving piles preparatory to building a Ash trap In about the same place occupied by the scow and was arrested for violation ot the injunction. The case comes up' for hearing on a mo tion to dissolve the injunction. The facts seem to be chat 'the plaintiffs except Mrs. Fitzpatrlck, have leased from the Fitzpatrlck .estate two parcels of tide land abutting on the Columbia river and that between those two parcels is 4 small strip or wedge of tide land owned by J. W. Cook and leased by defendant. The plaintiffs are accustomed when the lands are overflowed by the tide to throw a seine out from the front of one of these parcels along the channel of the river, down to the other parcel and then to sweep in toward the shore dragging the seine across the fiats covered by the tide including the strip owned by Cook and leased by defendant and landing the seine on their own land. The scow in ques tion seems to have been a large affair, quite beyond what was necessary for the defendant to use in tils fishing, which was done on a small scale with an ordin ary net. The result of mooring It in the water that seems to have covered the Cook strip of land was to entirely pre vent plaintiffs dragging their seine in the tide waters from plaintiffs' lower parcel of tldei land to the upper parcel and practically to destroy the usefulness of plaintiffs lands as a landing place for seines and to render useless and abortive the preparations they had made for sein ing at this point. The defendant's sub sequent action in driving piles on the tide flats purchased by Cook tended still further to the injury of plaintiffs-. . There was some question as to the good faith of defendant in driving the piles and very much question as to his good faith in anchoring this large scow in such a position as to interfere with plaintiffs seining, but I prefer to treat the question as though both acts were done in entire good faith and with an honest intent on the part of the defend ant to catch fish for his own profit and not merely to use the business of fish ing as a pretext for annoying his neigh bors. And this case presents to my mind a question of very grave Importance. Has the owner of tide lands which are sub merged at tides the right to place thereon obstructions that will prevent the pub lic from fishing in the waters covering such lands. The right of Ashing In navigable tide waters is common and public to everyone: Arnold vs. Mandy 1, Halstead 1; Martin vs. Waddel 16, iPeters 400; Parker vs. Cut ter 20, Maine 3C3; Gould vs. Waters Chap. 1. The same authorities hold that such common right of fishing extends to tide flats which are owned by private parties. And in a well considered case which, has never been questioned it was hetd that the public had a right to enter upon such tide flats at low water when they were bare to dig clams. Porter vs. Bhee han, 7 Gray 408. So there can be io ques tion about the right of plaintiffs, in com mon with the rest of the public, to enter upon these waters to drag seines or other movable nets across them end take fish from them. The state holds such lands in trust for the people and a grant of tide lands will not be construed to give to the grantee right to exclude the pub lic from Its common right to nth In the waters covering them? Gould on Waters sec. 23, 111. Cent. Railway Co. vs. State of 111, 13 Cup. Rep. It is contended that u. Ash trap is a cus tomary mode of fishing and therefore per missible. But In my opinion It Is only permissible where it does not Interfere with other people's common right to fish or where it Is not objected to, or possibly where It has been maintained for a period equal to that proscribed for umuatlon of actions concerning real property. The public have a common right to fish in tide waters. A fish trap interferes with this common right and substitutes Irt place of It a particular privilege for a particular person. No man can be said to be exercising a right In common with other persons when he exercises It In suoh ' a way as to ex clude all other persons from participating in the exercise of such right. And this is precisely what the defendant did when be anchored his scow In the disputed waters and drove down the piles for his fish trap. It was contended that the legislature, by regulating the size of mesh of the fish trap and requiring a light to be placed upon them, aiid by such other regulations as era found In our fishing laws in re gard to them, had Impliedly authorized their construction. While it might bei competent for our legislature to legalize traps, as JrVashlng ton has done, by authorizing their loca tion and construction and requiring a license to be paid for the privilege of maintaining them, I am aware of no law of this state that can have such a con struction. . The statutes cited are for the protectlok of fish, the fact that traps are In ex istence are recognized and In the inter ests of navigation they are required to have lights in the night time, to abstain from fishing on Sunday. But these sta tutes fall far short of authorizing their construction in any of the f aters of this state where other modes of fishing are or might be employed. There may be situations in this slate where by reason of shallows or snags or other obstructions seines or gill nets could not be profitably used, and in such a locality a trap would not be a nuisance, but where It does Interfere with other and common modes It is a nuisance and un lawful unless expressly authorized or licensed. The rule in regard to the exercise of the common right of fishery la the rule of common politeness. Every man must take his turu, and where one man attempts to deprive others of their op portunity to exercise their right by exer cising his own In an unusual and exclu sive manner he must show clear legis lative authority for his action. It was contended1 that, even admitting thait the acts complained of were un lawful and destructive of plaintiffs' rights to fish, yet It being a purely public nuis ance that equity 'rould not interfere on behalf of the plaintiffs. I have examined all the authorities cited by defendant and find myself un able to agree with' learned counsel In their conclusions. The affidavits show that plaintiffs have leased adjoining lands for the purpose of fishing these very waters that such land affords them peculiar facilities for fish ing at Uhls point, that they have invested money In seines and a plant for that pur pose and that they are actually engaged in taking large quantities of fish, and that they wIH be actually and greatly damaged if defendant is permitted to obstruct these wa'.ers with a scow or a fish trap. In suctt a case equity will alwavs Interfere. The true rule as stated in a leading and well considered rnn la fnilnma- "The meaning of the rule is that if any one of the public or every one of the DUbllO Suffer SDecial. that U m-liml riam- ge, equity will give private relief; but u. iiio injury win onuy anect tne public right without producing specific damage to the individual relief must be sought by the nubile." In the case of (Purrlsh v fli.viw.i rw. gon 74, Judge Williams delivering the opinion Of the court aavs: "Artmlmno- that an- Individual may not obtain an injunction to prevent a public nuisance when the injury is the same to him as to others, still the right to such remedy may exist wnen the Injury is much greater to him than to others." Mainy cases cited by counsel where equuuime aia was rerused in this class of case are decided upon the theory that puouc nuisances or this character were Indictable at common law and that there was tnererora an adequate remedy avail able by indictment Such Is not the case In this state and this condition of our Btatutes is an adcitional reason why equity should interfere. The case made upon the pleadings and affidavits tend to mhtwr an actual inva.iAn of plaintiffs' common right to flslh and an utiuiw uamage arising or likely to arise therefrom, and It Is clear that unless equity interferes plaintiffs are wholly without remedy. Under these circum stances I would not feel justified In dis solving this Injunction until the full mer its of the case can be inquired Into. The motion to dissolve is overruled. YOUNG'S RIVER NOTES. Will Celebrate the Fourth at Aldergrove. To the Editor: Young's River people will celebrate the 119th anniversary of independence, which this year falls upon July 4th, 1896, begin ning at 4:16 o'clock In the forenoon ot that day, at, In and about Alder Grove, near Grange Hail. The people of six school districts, and others, will parti cipate in the exercises. Participants who reside adjacent to the county thoroughfare will reach the grounds on quadrlcycles, decorated with the colors of the day, and the native hues of the forests, and drawn by four-horse teams. Thosa whose dwellings are by the flaw of many waters will approach the scene of patriotic ebullition in gaily dec orated skiffs and barges, propelled by many oars. Literary exercises will commence at 10 a. m.; dinner at 12:30; games at 1:30 p. m. The Hon. Geo. Noland will be the orator, A ball will be given in the even ing at the hail. C. C. BROWER. "JBikH 1111; XthV .BEST 1mm c Onsoest a aoM4!2 Z '3 It Is sold on s jrukrsntes by all drug gists, as cures incipisnt uonsumpuon and lh best Cough ir-d Croup Cars. For Sale by 3. W. Cmn. NOTICE. Sl-iiOIAL SCHOOL MEETING. Notice Is hereby given to the legal vot ers of School District No. 1, Astoria, Clatsop county, Oregon, that a special election -will be held in said district on Monday, the 8th day of July, A. D. 18D6. Polls to be opened at 2 p, m., and con tinued open until 6 p. m. of laid day. Polling places: No. 1, school room, TJnlontown. No. 2, engine house, Rercue Engine Co. No. 2. No. 3, old school building In Adair's Port of Upper Astoria. , This election Is held for the purposo of electing one director to serve until March 197, to flK the vacancy caused by the death of Mr. J. P. Dickinson. By order of board of directors. THOS. DEALY, Chairman. Attest: H. B. Ferguson, Clerk. Dated, Astoria, Oregon, June 26, 18J5. SHE DIDN'T TAKE WITH THE GEN TLEMEN. She was refined. Intelligent, and not bad looking, but somehow she never seemed to take with the gentlem.nt. They didn't Ilk her llstlers ways; they said she hadn't any "Jr.ap" about her. Poor girl, she was suffering from functional lirgulairitles, and H was actually Impos sible for her to take much Interest In cmybhlng. But e change came. One day tfie heard of Dr. Pteroe's Favorite Pre scription. She procured a bottle, and she tad not taken half its contents when she felt like another woman. Now she Is In the enjoyment of perfect health, and has suitor by the score. No woman need suffer from funotkmal Irregularities and weaknesses. The "Favorite Prescription" Is a safe and certain cure for all the weaknesses, to whlcSi women are peculiar ly subject.. Dr. Pierce's Pellets cure constipation, biliousness, indigestion and headache. On a doss. t jcm-. 'ITifS 1,i . 9 W -. il S PROFESSIONAL CARD3 H. A. SMITH DENTIST. Rooms I and 2, Pythian uulMIn over C. H. Cooper's store. W. C. LOGAN, D. D. 8.. DENTAL PA-RLOKS. MonseU Block. 673 Third street. DR. EILIV JANSON. PHYSICIAN AND 6URGEON. Office over OlBen's drug store. Hours, lu to 12 a. m.; 2 to & and 7 to 8 p. ra. Sun days, 10 to 11. J. S. BISHOP, M. D., HOMEOPATHIST. Office and rooms In Kinney Block. Office Hours, 10 to 12:30 and 4 to 6:30 Surgery and Dlseascj of Women a Spe cialty. LIBERTY P. MULUNIX. M. D PHYSICIAN AND SURGEON. Office, 884tt Third at, Astoria,-Ore. Special attention given to all chronl disease. DR, O. B. ESTES, PHYSICI AN AND SURGEON, Special attention to diseases of wom en and surgery. Office over Danzlgers store, Astoria, Telephone Mo. 62. JAY TUTTLE. U. D. PHYSICIAN. BURGEON. AND ACCOUCHEUR. Office, Rooms and 6, Pythian Building. Hours, 10 to 12 and 2 to 5. Residence, 639, Cedar street. DOCTOR ALFRED KINNEY OFFICE AT HIS RESIDENCE. May be found In his office until It o'clock mornings, from 12 noon until I p. m., and from 5 until 7:30 evenings. aerman Physician. Eclectic DR. , BARTEL, PHYSICIAN AND SURGEON. Office over Albert Dunbar's store cor. 9th and Commercial. Prices: Calls $1; confinements, $10.00. Operation! at office free. Medicines furnished. MRS. DR. OWENS ADAIR, . PHYSICIAN AND SURGEON. Special attention given to diseases of women and children, Also to eye and ear. Office at Mrs. Ruckcr's on Tuesdays and Saturdays from :30 a. m. to 3:30 p. m. W. M. LaForce. s. B. Smith. LaFORCE & SMITH, ATTORNEY3-AT-YAW, 886 Commercial street. . FRANK J. TAYLOR, ATTORNEY AT LAW. Astoria, Oregon. J. Q. A. BOWLBY, ATTORNEY AND COUNSELOR AT LAV. Office on Second Straet. Astoria, Or. J. N. Dolph. Richard Nixon Chester V. IDorsh. DOLPH. NIXON & DOLPH, ATTORNEYS AT LAW. Portland. Oresron. 24. 25. 2S. and VT Hamilton Building. All legal and col lection Business promptly attended to. Claims against the government a spe cialty, i JAMBS W. WELCH, INSURANCE AND REAL ESTATHJ AGENT. Houses to rent. All kinds nt nrvirv erty for sale. Correspondence and business solicited. Office Welch Block, 654 Commercial street. Astoria, Oregon. MASSAGE N. Meleen. anlinlfln m... sage, 686 Commercial street, upstairs over Goodman's store. Office hours from 10 to u ana l to 8. SOCIETY MEETINGS. TEMPLE LODGB NO. 7. A. W A M. Regular communications held on the first and third Tuesday evening of eacto month. W. G. HOWELL, W, M. E. C. HOLDEN, Saaretary. MISCELLANEOUS. WHEN IN PORTLAND Call on Handle? & Haas, 160 First street, and get the Daily Astorlan. Visitors need not miss their morning paper while there. BEVERAGES. WINES AND BRANDIES. Use Zin- fandel wine instead of coffee or tea. Fifty cents per gallon. Don't forget peach and apricot brandy. Also French Cognao and wine at Alex Gilbert's. THE POINT OF THE PISTOL Is an effectual persuader, and there are many peiwxna so unmindful of the symp toms of oncoming disease that U. would almost take that deadly argument to In duce them to adopt precautionary mcas- ures. The best of these (s a recourse to that fine botanic restorer, Hosteuer's Stomach Bitters. It vanquishes malaria. rheumatism, kidney and bladder troubles, falling digestion, biliousness and irregu larity of the bowels, and completely for tifies the system against their further inroads. Its ingredients are drawn from nature's storehouse, consequently it Is free from he objections attaching to many etomAuuAy or scmlimlneral reme dies. For Ohe delicate, iaflrm, 'convale scent and ekterty u Is peculairly bene ficial. It wetl merits continuous and sys tematic use. Take it at bedtime to In duce sleep, and .between meals to stim ulate appetite and digestion. The medi cal fraternity concur (n indorsing it. IT MAY DO AS MUCH FOR YOU. Mr. Fred 'Miller, of Irving, IH., writes that he had a Severe Kidney trouble for many years, with severe pains In his beck and also that his Wadik-r was affected.. He tried many so-oailled kidney cures but without any good result. About a year ago he begun the use of Electric Bit ters and found relief at once. Electric Bitters is especially adapted to the cure of all kidney and liver troubles and often gives aimoat Instant relief. One trtl will prove our statement. Price only 60a, for large bottle. Or-