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-