THE DAILY ASTOIUAJM, ASTORIA, THURSDAY MORNING, JULY 4, 1805.
E
is
t 13 V9 ---w-f i lift 1 II I J fc
for Infants and Children.
MOTHERS, Do You Know that Paregoric,
Bateman's Drops, Godfrey's Cordial, many so-called Soothing Syrups, aud
most remedies for children are composed of opium or morphine?
Io Von re tip tv that opium end morphine are stupefying narcotic poisons?
Ho Ton Know that In most countries druggists ore not permitted to sell narcotics
without labeling them poisons?
Ho Vow Know that you should not permit any medicine to be given your child
unless you or your physician know of what It Is composed ?
Wo Ton Know that Castoria Is a purely vegetable preparation, and that a list of
Its Ingredients is published with every bottle ?
Io Ton Know that Castoria is the prescription of the famous Dr. Samuel Pitcher.
That it has Deed in use for nearly thirty years, and that more Castoria is now sold than
of all other remedies for children combined ?
no Von Know that the Patent Office Department of the United States, and of
other countries, have issued exclusive right to Dr. Pitcher and his assigns to use the word
41 Castoria " and its formula, and that to imitate them Is a state'prlson offense?
no You Know that one of the reasons for granting this government protection
was because Castoria had been proven to be absolutely harmless 7
no Ton Know that 33 average doses of Castoria are furnished for 35
cents, or one cent a dose ?
no You Know that when possessed of this perfect preparation, your children may
be kept well, and that yo may have unbroken rest ?
Well, these things are worth knowing. They are facts.
The fac-slntlle
signature of
Children Cry for Pitcher's Castoria.
MAKE Attractive. Startby being the
H fi 11 R mo9' beautiful creature in it.
rlUJ ltl I you have beauty preserve
it. If not, you can improve your looks
immensely. Where there's a will there's
a' way. A good way is the use of my
articles, especially
Lola flontez Greme
75o per pot.
Brings beauty to
the face by feed
ing through the
skin pores, gives
life to faded faces.
Sold by Mrs D
li. BLOUNT,
457 Duane St. Ass
torin.Oregon.
Mrs Nettie Har-
to(UaW.f( KdJurisou, America'.
1ufturLfluv f beauty doctor,
40 and 42 Geary St., San Francisco. Cal.
PKOVEN A BOOS.
Gentlemen: I have always recom
mended Krause's Headatne capsules
wherever I have had a chance. They
nave proven a veritable boon in my
family against any and all kinds of
headache. Yours truly,
J. E. WALTER.
Leavenworth, Kansas.
For sale by Chas. Rogers, Astoria,
Oregon," sole agent. -
- Persons who are subject to diarrhoea
will find a speedy cure In De Witt's Cote
and Cholera Cure. Use no other. It
is the best that can be made or that
money can procure. It leaves the system
lt natural condition, after its use. W
sell It. Charles Rogers.
KARL'S CbOVER ROOT will purify
your blood, clear your complexion, reg
ulate your Bowels, and make your head
clear as a bell. 25 cts., 50 eta., ana li.w.
Sold by J. W. Conn.
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 pClee,
Charles Rogers.
The Worlds Fnts Tests
showed no iuk!ag powder
so pure or so great ia leav
ening power as the P.oyal.
KARL'S CLOVER ROOT, the great
Blood purifier, gives freshness and
clearness to the compie::ioi and cuies
Constipation. 25 cts.. 60 cts , 11.00.
For Sale Joy J. W. Conn.
A. V. AIvIvEN,
DEALER IN
Groceries, Flour, Feed, Provisions, Fruits
Vegetables, Crockery, Glass and
Plated Ware. Loggers' Supplies.
Cor. Cass aud Squemoque Streets. Astoria. Ort
The most pleasant little pills for regu
lating the bowets, are De Witt's Little.
Early Risers. Cure sick headache and
constipation. Small pill. Small dose.
Charles Rogers.
Violin
Lessons given by Mr. Emil Thlelhorn,
graduate of the Hamburg Conservatory,
Germany; also a member of the Chicago
Musical Society. Studio, comer of 12th
and Commercia streets, up stairs.
A 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 Dekum Building,
Portland. Or Reserve orders till you
have seen the spring line of samples.
KIMBALL PIANOS AND ORGANS.
.If you want a pano or organ, buy
reliable make from first bands at a
reasonable price. We are the only
manufacturers of pianos and organs
who have a branch bouse on the Paci
fic coast, and are certainly in a posi
tion to sell you a reliable Instrument
for less than any retailer or agent.
A large Shipment of Klmfoalla will bp
old In your town direct from the
factory In the near future. If you are
ready to buy before they arrive, writs
us and we will sand you catalogue and
prl-es.
W. W. KIMBALL A CO..
Manufacturers.
Pacific Coast Branch, Portland, Or.
Jnl
Is on every
wrapper.
E. flcNEIL, Receiver.
Gives Choice
of
Jiao Transcontinental
Koutes,
Via
Spokane
and
St. Paul.
Via
Ogden, Denver
and
Omaha or
St. Paul.
Pullman and Tourls t Sleeps
Free Reclining Chair Cars,
Astoria to San Francisco.
State, Wednesday, July 3.
Oregon, Monday, July 8.
State, Saturday, July 13.
Oregon, Thursday, July 18.
State, Tuesday, July 23.
Oregon, Sunday, July 28.
State, Friday, August 2.
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. G. . ind Portland
at 7 a. m. dally except Sunday.
For rates and general Information cal)
jn or address
C. F. OVEfREAUGH,
Commercial Agent, Astoria, Or.
r. H. HTJRLBTJRT,
Gen. Pas. Agt. Portland, Or.
We recommend De Witt's Oolic and
Cholera Cure because we believe ft is
a safe and reliable remedy. It's good
effects are shown alt once In cases ot
Cholera Morbus and similar complaints.
Charles Rogers.
25eta.,
ooota.
$1.00 Bottle.
One cent a don.
It to sold on a rokrantee fry all drug.
gist. It cures Incipient Consumption
and ithe best Couch ardCrou? Cut,
For Sale by S. W. Cwnn.
KNIGHTS OF THE MACCABEES.
The state commander writes us from
Lincoln, Neb., as follows: "After trying
other medicines for what seemed to be
a very obstinate cough In our two chil
dren we tried Dr. King's New Discovery
and at the end of two ohys the cough
entirely left them. We will not be with
out it hereafter, aa our experience proves
that it cures where all other remedies
fall." Signed F. W. Stevens. State Com.
Why not give this great medicine a trial,
as it Is guaranteed, and trial bottles are
free at Chas. Rogers' Drug Store. Regu
lar size 50c, and $1.00.
De Wirt's Colic and Cholera Cure never
disappoints, never falls to give immediate
relief. It cures Just as sure as you take
it. Charles Rogers.
Meany Is the leafflng tiflor and pay
the hlgbMst ash price for far skins.
Mil iluo
J a
-tr finna
Tide Table for July, 1895.
BIOS WATER. LOW WATER.
A. U. P. M. A H. P. M.
h.m J ftjilunj ft h.ni ft ljh.ni ft
L 8ST5"7f 8iS8"6r33 0 6, 2 0 2 7
I 9 ftlit 7 illW'81 840 00 813 J
11 105 8 10 02 8 8 4 3H-0 7j 415'.1!
12 (WIS 9 10 53-8 4 5 2!t-12' 6n!l)7
UK 6 3 11 42 8 4 6 111 -1 5 ' 6 0N3 6
187j6 5 6 S8-16! 6W3 3
0 2683 14.6 U 7 ax -16 7 :ik!;I 1
10N HI 24.V7 1 8 11 -12 8 80181
1 48 7 81 8 1.V7 2 8 41 -0 7 9 00'2 9
2 2II7 8 8 4 7 4 9 08 -0 3 9 40 '2 7
80U6 4 11 7 5 9 81 -0 1 10l:ll2C
S4'J3 44176 10 ft! 06 11 00 2 3
4 3560 5 18 7 6 1034 1 3 1162.21
68155 568 76 1111 18 . .. . .
6 86 51; 6 41) 7 7 053 1 7 1153 2 8
7 56 4 8 780 78 2110 12 1248 2 a
9 24 4 91 8 3480 808 0 7 2 (MM ft
10 40 5 2 9 328 2 4(lo-01 839
11 41i57 102884 5fti;-09 4 87 8
12 30 6 2 112l'8 7 8 521-1 4 5 3034
.. .. . .1 1 12167 63!-1 9 6 82 81
0178 9! 15217 3 7 2lj-2 0 7 28 2
1 OH H 0 2 307 8 801 -18 812 2 2
1 6X86 8088 0 8 42 -1 4 9 0.11 7
25081' 845,82 922 -07 961 1 8
842 7 5 4 2182 1001 -01 10 40 1 1
4 30 6 9 6 04 81 10 43 1 0 1149,09
6 42 6 1 6M'81 1182 19 I.. .. . .
6 68 5 61 6 4. 8 0 100 0 7 12 22;2 7
8 30 5 1 7 407 9 2 14 0 3 1 2n;3 4
10 07 5 11 8 417 8 8W Oil 2 50 3 9
DATE.
Monday ,
Tuewluy.
KUNDAY..7
Mommy,
Tuesday
We'nemli
Thursday. 11
Friday ...M
Saturday.. 13
bUAUAY.,14
Monday... .l.'i
Tuesduy...lti
etln'su'y.l
Thuroday..lH
Friday ....19,
Batunlay..iiO!
hUNUAl ..21
Monday. ...tt
Tuesday... &
Wedu'ad'y M
Thursday .25
Friday.... Hi
Saturday .27
SUNDAY..!
Monday ...2
Tuesday... 8U
wenn mi y i
ALONG THE WATER FRONT.
The Truckee Is due in San Francisco
today.
The steamer Utopia took 100 tons of tin
to the Point Roberts cannery from Se
attle last week.
The schooner Olga, 473 tons. Captain
M. A Ipsen, sailed from Eureka June
8 for Honolulu, with 638,821 feet of red
wood lumber, valued at J7.176.02. This
is the third cargo this year and is the
largest and most valuable ever shipped
from (Humboldt to the Hawaiian islands
A letter from Oaptuln Macomber of the
whaling bark Lydia has been received In
San Francisco, dated on Kodlak May 19,
and reports that he had taken nothing.
He also reports that he spoke on Kodlak,
no dale, the whaling barks Alice Knowles,
Mermaid and Andrew Hicks, having
taken nothing at that time.
CUptaln MoCallum of the British ship
Kilbrannan, which arrived at Queens
town June 1 from San Francisco, reports
that the ship left Feb. 16 and followed
In the track of the North Pacific Pilot
Chart to considerable advantage, having
beaten bll other vessels which left port
about the time she did.
The four-masted iron ship Euphrates
19U tons net register, belonging to Rob
ert (Hill, Greenock, has been disposed of
to Mr. Bowen, of Llangeliy, for 6,650
The Euphrates, which Is at present lying
at Cork, where she discharged a cavgo
of what from this city, was built by
Henry Murray & Co., Port Glasgow, in
1879. .
During the week ended June 16, 1895
the BureUu of Navigation assigned official
numbers to the following Pacillc coast
vessels: At San Francisco, sohoonoi
Ameta V., gross tonnage 11.64, net 8.31
No. 107,169; at Astoria, schooner Jennie
Hormor, gross tonnage 17.29, net 17.29
No. 77,187; at Seattle, sloop Maria, gross
6.70, net 6.70, No. 92,058.
The American ship Manuel Llaguno
which Balled lust month In a race against
the ship Tillle Starbuck to Honolulu
cane near being wrecked on the Faral
lone Islands soon after the tug left her.
She struck a strong current that set hei
rapidly toward the rocks. Just at th
moment of most danger a number 'of thi
crew mutinied.- However, the trend o
the ocean current swept the ship clear
and the crew were driven Into submis
sion. At Honolulu the men complained.
to consul jrenera wans, wno aiier jieur
lng the case reprimanded them and sen1
them back to their vessel.
Hitherto the surveyor at Vancouver for
the San Francisco- board of underwriters
has declined to pass iron- vessels with
sand ballast for lumber cargoes, thus put-
ting iron and wooden' vessels on the same
footing. The ship Earl of Hopeoun (Cap-;
tain Hall), however, recently arrived in
sand ballast from Valparaiso, rook e j
stand, and refused to substitute stone for
.aim. iu ..uaiigo mo uauaai nuuiu na,t
cost about $800, without taking Into con
sideration the necessary delay. The re
sult is that sand ballast has been accept
ed. And why not? In wooden vessels
there is a danger of sand Interfering with
the working of the pumps, but not so
with iron vessels, and if a vessel gets
a hole In her stone would not prevent her
sinking any more than sand. Owners
who have been unfortunate enough tc
have such unnecessary outlUy inflicted
on them will have the benefit of this
precedent in future. Fairplay.
The Oscar II arrived In Tacomi Satur
day from Vladlvostock, Russian Siberia
where she carried la. cargo of cement for
the construction of the Trans-Siberian
railway. Captain Anderson of the vssstf
Bays that the construction f this railway
Is being rapidly pushed, the czar of Rus
sia having given orders to finish it us
quickly as possible. As soon as thU
line Is finished the Russian government
Intends extending it from Vladlvostock
southward to the Yellow sea, through
Manchuria and Corea. In speaking ot
the disturbed condition of affairs on the
Asiatic coast, aa a result of the Japan
Chinese war Captain Anderson said
"The whole country looks like war anc
the situation is considerably strained;
but the peace element is hoping that th
tension may be relieved and matter!
settled without a resort to (arms. Russia
has been secretly but actively at wort
and in the event of trouble with Japar
is prepared to hurl a formidable navy
and land force into the coveted territory
which Japan has wrested from China
These ships and troops have been massec
at Vladlvostock, where the scene is de
cidedly warlike. The entrance to th
harbor at Vladlvostock is planted full o,
torpedoes, and - no vessels are allowec
to pass in or out without Russfan naval
officers or. board, as well as experienced
Russian pilots who know where the tor
pedoes are planted. My vessel was es
corted in this manner both going in am
coming out of the harbor. Inside th
harbor the entire Pacific fleet of Russlar
warships is massed,, ready to steum dowr
the coast at a moment's notice. On Bhorc
80,000 troops have been concentrated and
the evidence is clear that Russia is fully
prepa.ed for trouble in case the Japanese
give any occasion for It. The massing o
these troops at Vladlvostock has been
done secretly by Russia, unusual precau
tions having been taken to prevent th
spread of any intelligence regarding thf
actual force she has quartered there.
What Russia's designs are cannot, Oi
course, be told and are purely conjec
tural, but it Is clear that if she builds
a railway line south from Vladlvostock
to the Yellow sea her Intention is to ob
tain an open port and hold it at all haz
ards." NOTICE TO THE PUBLIC.
In response to a numerously slgneif
requisition, wherein I am requested to
become a candidate for the position of
school director, recently made vacant
by the death of our esteemed fellow
townsmun, Mr. J. P. Dickinson, I hereby
announce my willingness to accept.
While this honor Is not of my own seek
ing, I can only say that. If elected, I
shall aim to perform the duties of direc
tor of the public schools of this city, as
far as Is within my power, in a manner
commMisurate with good citizenship, and
the furtherance of the cause of education
among us.
Thanking you for the honor you have
thus shown me, I am, your obedient ser
vant, J. E. HIGGINS.
Judge Mcliiide Renders' an lm
tanttf
por
ccision.
BEYOND POWER OF CONGRESS
-
To Cliangre the Enabling Act of Ore-g-on'8
Admission as a Stato
Comprehensive Decision.
Yesterday in the circuit court in- the
case of the Astoria and Columbia River
railroad vs. W. C. Parsons, the court ap
pointed B. Q. Hegardt arbitrator to de
termine the amount of damages.
Tne suit of Wm. Kroling vs. Chas. Os
good for work performed occupled-tne at
tention of the Jury nearly all day and up
to a late hour no decision- was rendered,
In the mutter of f. Feakes' application
for habeas corpus, case was dismissed.
In the cases of the state vs. H. Matson
and Chas. Wlken for lilegul fishing the
court lined the defendants u0 each or 25
days' imprisonment In the county jail.
In stating the decision the court ren
dered the following opinion:
In the Circuit Court of the State ot Ore
gon, for Clatsop County;
The Suite of Oregon vs. Chas. Wlken:
In this case the defendant was indicted,
tried and convicted of the offense of tak
ing salmon by means of a fish trap or
pound net, in the Columbia river during
the weekly close season, that Is on Sun
day. The statute -under which defendant was
Indicted and convicted is "that It shall not
be lawful to take or Ash for salmon In
the Columbia River during the weekly
close time," that Is, between six o'clock
p. m. on Saturday and six o'clock p. m.
on the following Sunday.
It is not denied and was admitted on
the trial that the defendant did so take
salmon on the Columbia river within the
time so prohibited by the laws of Oregon,
and if the state has not exceeded its leg
islative Jurisdiction, the defendant is
guilty othe offense charged.
It is agreed and admitted that the
fishing for which defendant was indicted
was done north of the middle channel
of the Columbia River, and within the
territorial boundaries of the state of
Oregon, and the counsel for defendant
contended that the laws of this suite
have no force or effect In cases of this
character, beyond the middle channel of
the Columbia River.
This presents to the court the important
question as to the extent to which the
state of Oregon can exercise concurrent
Jurisdiction on the Columbia River.
It is claimed' on behalf of the state
that both states have full police power"!
on tne Columbia river, and, that In to the
exercise of such powers either state has
full right to legislate and to enforce its
legislation over the whole of that portion
of the Columbia forming their common
boundary.
This claim hus constantly been assisted
and exercised by the legislature and the
courts of this state ever since the
admission of Oregon Into the Union
and to some extent It has also
been exercised by the courts of the
adjoining commonwealth, ' and it is on
ly since the indiscriminate and reckless
fishing for salmon have threatened the
entire extinction cf that great industry
and evoked' somewhat vigorous efforts
for its protection, that any considerable
protest has been made against -the exer
cise by our courts of criminal Jurisdic
tion over the whole river.
Oregon's claim of Jurisdiction is founded
upon the act of congress admitting It in
to the Union. At that time WUshlngton
was still a territory, a mere creature of
congressional legislation. It was wholly
competent .for congress to take from, or
give to, such territory any powers of leg
islation as it might see fit. Congress
could alter Its boundaries, regulate its
Jurisdiction at its own pleasure, even to
the extent of entirely abolishing, if it
chose, the territorial government, or of
annexing or parcelling it out among ad
jacent states or territories.
At this time and under these circum
stances Oregon was admitted ir.to the
Union, and by the act of admission, Or
egon's boundaries and Jurisdiction upon
the Columbia river were firmly establish
ed upon the Columbia river, . boyond the
power of congress to change, because it
is elementary, that congress cannot, with
out the consent of a state, withdraw
from, or repeal the compact by which
such state becomes a member of tjxe
Union. To concede the power of congress
to alter or la-mend such compact without
the consent of the state would be to con
cede that It had power to expel a state
from the Union by repealing the act of
admission, a doctrine as repugnant to our
national Idea, as th'at of the right of a
state to violate the compact and secede.
In the light of these universally admit
ted principles, let us examine the act of
admission, the sacred and irrepeaiaoie
compact between this state and the other
states of the Union.
Section 1 of said act defines Oregon's
boundaries: After bringing the west
boundary line north to a point due west
and opposite the middle of the north
ship channel of the Columbia river, it
continues as follows: "Thence easterly
to and up the middle channel of said
river, etc." (tracing the north boundary)
"Including Jurisdiction In civil and crim
inal cases upon the Columbia and Snake
river concurrently with states and ter
ritories of which these rivers form a
boundary in common with this state."
11th U. 8. Statutes at Large, 383.
This is substantially saying that the
boundary between Ortgon and Washing
ton shall be the middle channel of the
Columbia river, except that for the pur
poses of civil and criminal Jurisdiction
both states shall have a common right
over the whole river. It is an exception
Inserted in the very clause that defines
the boundaries, and means practically
that for the purposes mentioned the boun
dary of Oregon shall be the north shore
land, the boundary of Washington the
south shore,
.But as if to emphasize this construc
tion and make it so plain that the way
faring man need not err therein. Section
2 f said act provides further: "The
said state of Oregon shall have concur
rent Jurisdiction on the Columbia river
and the waters thereof and all other riv
ers and waters bordering on the said
state of Oregon, so far as the same shall
form a common boundary to said state
and any other state, or states, now, or
hereafter to be formed, or bounded by the
same."
What plainer language than this could
possibly have been employed: ."Concur
rent Jurisdiction on the. Columbia ond.
the waters thereof."
To dispute Oregon's concurrent Jurisdic
tion, in the face of this language, is
scarcely excusable.
And the eminent counsel for the de
fendant in this case hive never disputed
the Jurisdiction of this state on all the
waters of the -Columbia river, in respect
to things floating upon or navigating
such waters. It s not dnled that any
person fishing with a floating net on
the Washington side of the channel would
be amenable to our laws.
But It is contended that as In this case
the trap j m'l by driving . stakes
firmly down Into the river bed ana at-,
tachlng the netting thereto, such trap
became part-of the soil of Washington
and not affected by our legislation and
that the words "on the river and the'
waters thereof," mean floating on -the
water.
. I cannot assent to a view of the law
which makes a fisherman a criminal while
drifting along with the current on Sun
day s.nd converts him Into a law-abiding
citizen the moment tils net happens to
catch on a snag on the Washington side
of the channel. The Jurisdiction is both
upon the river and upon the waters of the
river. What is a river as defined by
law? "Every river consists of first, the
bed; second, the water; third, the banks
or shores."
Gould on Waters Sec. 41.
"A fresh water river, like a tidal river,
Is composed of the alveus, or bed, and the
water, but has banks Instead of shores."
Gould on Waters, Sec' 46.
"A water course consists of bed, banks
and water."
Angel on Water Courses, 8;c. 4.
- Homk on Rivers, Sec. 6.
I cite these definitions to show that the
word river in Its legal sense Includes the
soil constituting Its b?d, as well as the
water flowing over the bed; so that when
the act of congress granted concurrent
jurisdiction on the Columbia river and its
waters It drew the distinction that the
text books draw and substantally gave
the state such Jurisdiction not only on
the water but ovar the river itself in
cluding that component part of the river
known as its bed. And this view Is
supported by the decisions of other states.
The act admitting Iowa into the Union
provided that said state should have con
current Jurisdiction with Illinois upon the
Mississippi river.. The act is hardly so
broad as our act ot admission, land leaves
more room for construction as to the
extent of the Jurisdiction conferred. In
the case of the state of Iowa vs. Mullen
defendant occupied a scow as a place of
evil resort, and was Indicted for main
taining a nuisance. The boat was on
the east, or Illinois side of the river,
and east of the middle channel analso
east of an Island belonging to the state
of Illinois. The boat had floated against
a sand bar of said island, and the reced
ing water left It high and dry on the
sands. The court held that although ly
ing upon, the sands it was "upon the
river," within the intent of the act of
admission and that the courts ot Iowa
had Jurisdiction to indict and try the
defendant. And this view was upheld by
the supreme court in an exhaustive opin
ion. State vs. Mullen, 35 Iowa, 199.
The court among other things says:
"Does the fact that the boat at the time
of Indictment and trial was on the east
side of the main channel of the river
resting temporarily on the rear of the
Island because the water had receded
from it, or for repairs, take it out of
the jurisdiction of this state? It seems
to us clearly that it 'does not. In the
eye of the law a crime committed on the
boat under the circumstances stated is
as much an offense perpetrated on the
river as though the vessel were at the
time afloat.
If It Is not so, It follows that a vessel
navigating the main channel of this Mis
sissippi should run aground east of the
main channel, and the water should re
cede leaving It upon the ground tempo
rarily, the state of Iowa would have no
Jurisdiction of a crime committed on it
under such circumstances and hence
would arise the questions so difficult of
determination and which it was the pur
pose of the act of congress to avoid,
whether the act was committed one foot
east or west of the medium fllum aquae."
These reasons deemed so cogent by
the supreme court of Iowa apply with
equal force to the Columbia river, land
to this case.
The sections of our admission act here
tofore cited were intended to enable the
people of either state to protect their ci
tizens and property upon the river and to
preserve the fish which are the common
property of the citizens of both states,
The Columbia is, and was at the date
of Oregon's admission known to be a
river of changing channels and of shift
ing sands, sometimes appearing at the
surface and sometimes forming shallows
below the surface.
To determine whether a trap was lo
cated north or south of where a partic
ular channel existed when Oregon was
adlmteed In 19 would be practically
Impossible 1n a criminal or even a civil
action. Each trial would require a new
survey of the ever changing channels and
constantly shifting sand banks of the
river. Congress Intended to prevent this,
and the language employed is adequate
for that purpose. The following authori
ties support the view here expressed:
State vs. Mullen, supra.
Gilbert vs. Mollne, etc., 19 Iowa, 319.
The Annie M. Smull, 6 Sawyer.
12 Ency. Law, 208.
Admx. vs. Judd, 30 Minn., 12$.
Keator, L. E., vs. St. Croix Co., 38 N.
W. Rep., 529.
And the list might be extended Indefi
nitely. But it Is urged that If such concurrent
Jurisdiction Is upheld the state of Wash
ington can legislate In regard to the
docks at Astoria, and the state of Ore
gon can legislate in regard to the docks
at Ilwaco and Oathlamet.
If this were true it could furnish no
argument against the plain letter of the
law; but such is not a logical result.
Docks, unlike fish traps and such struct
ures as the one in question are built from
the main land Into the river land when
built form artificial shores partaking of
the natural shores of which they are ex
tensions. This distinction is noted and
pointed out In state vs. Mullen, hereto
fore cited. In R. R. Co. vs. Ward, 2nd
Black 485, the action was to abate a dam
projected from the Illinois side of the
Mississippi. It was held that the dam
being attached to the main shore became
part of the realty of the state and not
subject to the Jurisdiction of Iowa.
2nd block 486.
Gilbert vs. Mollne, 19 Iowa 319.
The trap Is no extension from the main
shore and does not partake of the nature
of an artificial shore, like a dock or dam.
Another contention Is that the words
"concurrent Jurisdiction" by the two
states Imports that both states must
unite In legislation touching offenses com
mitted on the river; that neither state
can by itself legislate for the whole
river; that the word "concurrent" means
acting or legislating together.
This contention has been refuted by the
courts In a large number of cases:
Keaton vs. St. Croix, 38 N W 642.
State vs. Plants, 26 West Va, 119.
Kendall vs. United States, 12 Peters 623.
Sherlock vs. Ailing, 44 Ind. 184.
In the case first above cited the Wis
consin supreme court says: "Are the
words 'concurrent jurisdiction' as thus
used to be .construed as requiring the
Joint assent of both states to such charter
or could Minnesota do so alone with a
corresponding right on the part of Wisconsin-
to grant a similar charter? If
such Joint action was necessary to give
such validity then the mere failure of one
state to act would wholly prevent the
exercise of any Jurisdiction by either
state. 'Concurrent jurisdiction' ttre words
to two or more courts. When so applied
no one has ever contended that lis ex
ercise by one court was dependant upqn
its exercise by any other court. The same
Is true concerning offenses and torts
committed upon a- river dividing two
states, where the courts of each hive
Jurisdiction of the same, for insuch case
each court must necessarily act separ
ately. Such Jurisdiction extends to the
whole of that portion of the river divid
ing them."
And In reference to the right of either
state to legislate separately over the
whole of such boundary river, the same
court is equally emphatic and clear; I
quote from the same case: -
"Although the words 'concurrent Juris
diction' ore usually applied to the right
ful authoilty of courts yet they are not
limited to such use; on the contrary thry
are broid enough to embrace also the ex
ercise of both legislative and executive
power."
And in the Indiana case above cited
the court uses this language: "This
state possesses concurrent Jurisdiction
with Kentucky on the river where the
cajse of action arose. The Jurisdiction
may be exercised lm any manner which
the state shall elect. This Jurisdiction Is
not limited to the service of process, it
is general Including the right of legisla
tion touching all civil and criminal cades
onthe river. It Is not limited to Judicial
proceedings in civil and criminal casts.
It Is such as the state may choose oto
exercise touching such actions, and legis
lation is Included."
The additional objection that the traps
are licensed by the laws of Washington
and that this license Is a protection and
defense In this cage need only to be
briefly noticed.
When this license law was passed the
Oregon Sunday laws were in full force
and the defendent took his license sub
ject to their provisions. Such laws no
more conflict with the license laws than
our laws requiring saloons to be closed
on Sunday conflicts with the rights ob
tained under or by virtue of a liquor
license. The laws of Oregon prohibit Sun
day -fishing; the laws of Washington are
now silent on the subject, she having re.
pealed her Sunday law.
Here Is no conflict, and there has been
none, neither will there be any eltner
between the legislatures or the courts of
the two states. This is a question of
law to be settled by law, and so far there
has been no protest from any quarter
except from those who in their haste to
acquire gain from the fishing industry,
would blindly destroy the very source
ot such gain, which this court seeks to
protect In the interest of the people of
both states and under a Jurisdiction
clearly given it by the laws of the
United States and of this state.
In view of the fact that the defend
ant has voluntarily submitted to the
Jurisdiction of this court land has no
doubt acted In good faith, believing that
he had a right to do the act for which
he was Indicted, I will impose the lowest
penalty prescribed by law, but having
now fully stated the views that In my
Judgment fully authorize this court to
take Jurisdiction of this class of cases,
I shall not feel called upon to show a
like leniency In case of future infractions
of the law.
COUNCIL MEETING.
The City's Law Makers Hold Another
Long Session Last Evening.
A regular meeting of the council was
held last evening, Mayor Kinney In the
chair and all members present.
Peltltionf from) Martin Olsen for an
auctioneer's license was referred to a
special committee to investigate and re
port. Petition from property owners adjacent
to and in the neighborhood of 18th street
and Grand avenue requesting that the
grade aa recommended by the city sur
veyor be adopted; referred to committee
on streets and public ways.
Report of committee appropriating the
sum of 33,008.72 for the benefit of L. Le
baok for Bond; streot improvement.
Adopted.
Report appropriating the sum of 1880
for crossing improvement upon same
street, for benefit of L. Leback. Adopted.
Report of street committee asking that
Clinton & Son's time for completion of
Bond street Improvement be extended.
Adopted.
Report of committee on streets and nub
ile ways stating that the. Duane street
remonstrance was not received until after
the work .had been accented. Adopted.
Report of committee on streets and nub
ile ways recommending that a petition for
an electric light, corner ot 42nd and
iiona streets be granted. Adopted.
Report of same committee on the 46th
street matter asking that further time
be given them for consideration. Adopted.
Report of same committee recommend
ing that the street commissioner be In
structed to take necessary steps towards
removing atrt from streets. Adopted.
Adopted.
Report of committee on publio prop
erty, wno wero instructed to Investigate
the condition of -the floor of Engine Co.
No. 1, that they had made a careful in
vestigation and find that the lower floor
on account of poor ventilation Is In a
rotten condition and recommending that
it be immediately repaired. Adopted.
Report of committee on streets and
public ways that the James street ex
tension improvement be done after the
winter months and then be put in thor
ough repair. Placed on file and city sur
veyor instructed to report on grades and
width.
Report of police officers for June was
read and placed on file.
Request of Chief Foster that a new
suction hose be purchased) for NO. t's
engine. Adopted.
Report of Surveyor Horry asking for
further time on grades on Irving avenue.
Granted.
Ordinances appropriating 217.80 for the
benefit of Matl'da Berendes, regulating
the use of blcycies on the public strtets
of Astoria, appropriating 120 for the bene
fit of A. G. Spexarth, appropriating $100
tor benefit of F. J. Taylor, were read first
and second times.
Ordinances were passed extending time
for completion of 14th street sewer; ap
propriating 3888 for the benefit of L. Le
back, for Duane street improvement; ap
propriating $3,CW8.72 for bentfltsof L. Le
back, for Duane street Improvement; ex
tending time for completion of sewer on
14th street; appropriating $528 for benefit
of N. Clinton & Sons for 42nd street Im
provement; extending tlms for comple
tion of improvement on Irving avenue;
extending time for completion of Bond
street Improvement; appropriating $176.86
for benefit of Clinton & Sons; authoris
ing the auditor to Issue alias warrants,
for the collection of delinquent taxes on
l&a roll; re-establishing the grade of 18th
street from south line of Exchange to
south line of Grand avenue.
An ordinance granting the right of way
to the C. R. R. R. Co. through and across
the streets of Astoria was referred to
the committee on streets and public
ways.
Resolution that the commltteo on public
property be instructed to have the fence
around the hillside cemetery repaired.
Adopted. i
Resolution that the committee on
strtets and public ways be authorized
to construct a step on the crossing of
Duane and 36th street in Adair's As
toria. Adopted.
The following claims against the city
were ordered paid: Astoria wood yaTd,
$5.60; M. E. Crosby, $3; George Gore, $1;
A. L. Fish, $40; V. J. McCann, $9; H.
M. Thatcher, $87.
IT MAT DO A3 MUCH FOR YOU.
Mr. Fred Miller, of Irving, 111., write,
that he had a severe kidney troubl
for many years, with severe pains I
bis back, and also that his bladde
was affected. U( tried many o-callei
Kidney cures, but without any goo
resuts, About a year ago be began us
of Electric Bitters) and found relief a
once. Electric Bitters Is especial!
adapted to cure all kidney and live
troubles, and often gives almost In
stant relief. One trial will prove ou
statement. Price, only 60 cents fo
large bottle, at Chas. Rogers' dru
store.
"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, respectfully
JOHN U. SHAFFER,
Ed. Renovo (Pa.) Record.
For sale by Chas. Rogers, Astoria,
fr., sot snt,
There to great danger In neglecting
Colic, Cholera and similar complaint. An
absolutely prompt and safe curs Is found
m De Witt's Colio and Cholera Cure.
Charks Rogers.
PROFESSIONAL CARDS.
H. A. SMITH
DENTIST.
Rooms 1 and 2, Pythian xjuildln
over C. H. Cooper's store.
German Physician. Eckctic.
DR. R ARTEL,
PHYSICIAN AND SURGEON.
Office over Albert Dunbar's store, cor,
9th and Commercial. Prices: Calls, $1;
confinements, $10.00. Operations at office
free; medicines furnished.
W. a LOGAN, V. V. B..
DENTAL PARLORS.
Mansell Block. 673 Third street.
DR. EILIV JANSON.
PHYSICIAN AND SURGEON.
Office over Olsen's drug store. Hours, 10
tout, m.; i to 6 ana 1 tog p. m. sun
days, 10 to 1L
J. ,8. BISHOPr M. D.,
HOMJEOPATHIST.
Office and rooms In Kinney Block.
Office Hours. 10 tn 12-30 and a tn S-KA
Surgery and Dlseasci of Women a Spe
cialty. -
LIBERTY P. MULLINIX, M. D..
PHYSICIAN AND SURGEON.
Office, 684H Third st, Astoria, Ore.
Special attention given to' all chronl
diseases.
DR. O. B. ESTE8.
PHYSICIaN AND SURGEON,
Special attention to diseases of wont-
en and surgery.
Office over Danzlger's store, Astoria.
Telephone No. 61
JAY TUTTLE. M. D.
PHYSICIAN, SURGEON. AND
ACCOUCHEUR.
Office, Rooms k and 8, Pythian
Building. Hours, 10 to 13 and i to
IV Residence, 639, Cedar street.
DOCTOR ALFRED KINNEY.
OFFICE AT HIS RESIDENCE.
May be found In bis office until. 1
o'clock mornings, from 12 noon until I
p.. m., and from S until 7:80 evenings.
German Physician. Eclectic
DR. DARTTEL,
PHYSICIAN AND SURGEON.
Office over Albert Dunbar's afore
oor. 9th and Commercial. Prices: Calls
$1; confinements, $10.00. Operation! at
office free. Medicines furnished. ,
MRS. DR. OWENS ADAIR,
PHYSICIAN AND SURGEON.
Speclei attention given to diseases)
of women and children. Also to eye
and ear. Office at Mrs. Ruckcr's on
Tuesdays and Saturdays from t:30 a,
m. to 3:30 p. m. , '
W. M. LaForce.
S. B. Smith.
LaFORCE & SMITH,
ATTORNEYS-AT-Y AW,
$86 Commercial street.
FRANK J. TAYLOR,
ATTORNEY AT LAW.
Astoria, Oregon,
J. Q. A. BOWLBY,
; ATTORNEY AND COUNSELOR
AT LAW.
Office on Second Stnet. Astoria, Or.
J. N. Dolph. Richard Nlxoa
Chester V. Dolph.
DOLPH. NIXON & DOLPH.
ATTORNEYS AT LAW.
Portland, Oregon, 24, 25, it, and IT.
Hamilton Building. All legal and col
lection business promptly attended to.
Claims against -the government a spe
cialty, JAMBS W. WELCH,
INSURANCE AND REAL ESTATH
AGENT.
Houses to rent. All kinds of prop
erty for sale. Correspondence and
business solicited. Office Welch Block.
654 Commercial utreet, Astoria, Oregon.
MASSAGE N. Meleen, scientific mas
sage, 686 Commercial street, upstairs over
Goodman's store. Office hours from 10
to 13 and i to 6.
SOCIETY MEETINGS.
TEMPLE LODGE NO. 7. A. V. anit
A. M. Regular communications held
on the first and third Tuesday evening
of each month.
W. O. HOWELL, W. M.
E. C. HOLDEN, Swmtary.
WHEN IN PORTLAND Call on
Handley & Haas, 160 First street, and
get the Dally Astorian. 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
nvnnn and wins- t Men Gilbert's.
Seals Steel Dies, Wood & foetal.
Society Calling Cords and An
nouncements Engraved and
Printed.
W. G. SMITH,
205 Morrison tt., Fortland, Or.
NOTISE.
BtOClAL SCHOOL MEETING.
Notice Is hereby given to the legal vot
ers of School District No. 1, Astoria,
Clatsop county, Oregon, tfhat a special
election will be held In said district on
Monday, the 8th day of July, A. D. VAii.
Polls to be opened at t p. m., and con
tinued open until I p. in. of said day.
Polling places:
No. 1, school room, Unlontown.
No. 1, 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 purpose of
electing one director to s-u-ve until March
lit)7, to fill the vacancy caused by the
death of Mr. J. P. Dickinson.
By order of board of directors.
THOS. DKAI,Y. CMIrmas.
Attest: H. B. Ferguson. Clik.
i-ate-, Astoria, Urc4o.i, Ju.iu it,, io.
ChIk!renCr7f:r
Pitcher's C-t;i!r,'