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THE DAILY ASTOBlAH, , ASTORIA, THURSDAY MOItHIN, MAY
5 iya. ABOUT THE CUT. . There were no new cases of any dls crlptlon tried In the Justice Court yes--terday. Raser's Extract Root Beer, the purest. Raser's cithers. Root Beer Superior to all ihe IJhatauqua Circle meets this evening at 8 o'clock at thenwldence of Mrs. C. J. Curtis.' Decision in the Court Street Cases. If you want some extra tine photos, Wooers' Is the place to get them. is Tho original Root Beer Extract .teasers. Frank Barnes yesterday proved up on a pre-emption entry for 160 acres of land In section 35, township 5, range 8 For fine wines and liquors call August Danlolson's Sample Rooms. at Remember the Austin House at the Sea side Is open the year around. There will be a bible hour In the Nor wegian Evangelical Lutheran church, Uppertown, at 7:30 o'clock this evening. The Belmont Chas. Olsen's. cigar can be had at Meany is the leading tailor and pays the highest cash price for fur skins. A pre-emption entry for 160 acres of land in sections 29, 30, and 31, township 6, range 8, was yesterday proved up on by A. F. Stontr. The street cars will not be operated today until the latter part of the af ternoon. F. W. Newfell, Supt. For all kinds of Job printing, go to Del. Ferguson, upstairs, Astorian building. The plat of tho First Addition, to Gearhart Park was filed with the re corder yesterday afternoon. The prop erty contains but fifty-eight lots, but all are choice. You can get the best 10-cent or two- ror-a-quartir cigars in Astoria at Chas, Uisen s. Fresh fish received at the Albatross Fish market daily. Salmon 10 cents per pound. The steamer Thompson arrived at this city yesterday at 2 o'clock, and brought the mall which usually arrives here by the morning boat, the cotv nectlon between train and boat having been missed in the morning. Don't fall to Bt'i and read the World's Columbian Exhibition Illustrated. B F. Coe, agent. Buy Raser's Root Extract to make a healthful, refreshing beverage. Sold everywhere. The Seaside House will be in charge of Charles Ole during the summer sea son just about to open. Mr. Ole was at one time In charge of Ophir Farm, then the property of Ben Holladay, but now belonging to Whitelaw Reld, of New York. Tarties visiting In Portland can get. The Daily Astorian at Handley & Haas' news stand, lul) Jbirst street. Free at Crow's gallery, a life-size crayon with every dozen cabinets or dered, urtei good for 30 days. A handsome display of dress ma terials in zephyrs and wash goods can bo seen at the store of Shanahan Bros. The tasteful manner in which the goods are arranged makes the display one of the best that lias been seen in Astoria for a long time. All our const exchanges are loud in their praise of the Big Bonanza Co. Liberty Hall, May 29th. Reserved chairs at New York Novelty store. Del. Ferguson, general job . printer, Astorian building, upstairs. First class work at reasonable rates. See tho programme in another col umn, for the entertainment at the Methodist church Friday evening May 26th, at 8 p. m. Admission free. Bas ket collection taken in aid of the piano fund. All numbers on the program by the boys and girls of Astoria. The chance of a life-time to see Min nie Marden, the little Georgia wonder. Liberty Hall, May 29th. Reserved cnairs at New York Novelty store. Wing Lee has just received a full line of Japanese curiosities and fancy goods. Will sell at cost. 529 Third street. Tho owners of the Netarts Beach Hotel, in Tillamook county, are irnking preparations for a lively summer bus! ness. This In one of the most beautiful- summer resorts on the Pacific Coast, and one that invariably com mends itself to the continued patronage of those who visit it. ' A gill net with 415 corks; no marks on leads or corks has been found. Owner can recover by calling at A. Booth Packing Co., and paying expenses. Ryan & Co. 637, Third street, have just received a full line of 1893 patterns in wall paper, and comprising all the latest designs and shades, at the low est prices. Call and see them. A challenge for a football Match under- Rugby rules has been received by Mr. F. W.Gunn, secretary of the As toria Football' club, from the Fort Canby club, the game to be played at the convenience of the local players. All who can find time to play are re quested to send their names In to Mr. Gunn at the Occident Hotel. The pre ent weather will doubtless put the ground In excellent, shape for play in the course of a few days. The public are cordially invited to attend the- entertainment given by Class No. 5, Mrs. Samuel Elmore, teach er, at the Methodist church on Friday evening. May 26th, at 8 p. m. It prom ises to be very interesting. AH the numbers will be of scenes and Incidents of importance to all Americans. The views aie of much merit and beauty. The program is varied and not too long. Be sure not to miss it and help the young people to buy the piano by dropping your mite in the collection basket. J. W. Thompson, organist at the M. E. church, wishes to take a few more pupils in music, piano or organ. Ad dress, 589, Astor street. Buy "Pride of Japan" tea. Our own importation; rich, pure, fragrant, and at no higher price than you usually pay for an Irtfertor one. Ross, Higgins & Company. Continueg from First Paye. and until their successors were- elected and qualified, go that they stood, as far as their right to resign was concerned, just in the position that Crosby was was in when his resignation was ae cepted by the council. In deciding on the validity of their resignation, the Supreme Court of the United States said: "It would seem plain that the office of a, supervisor or town clerk could not be terminated until his suc cessor subscribed and filed his oath of office, and that, when the supervisor and town clerk before us supposed tneir omces were at an end by their resignations, they were In error The resignations may be made to and accepted by the officers named, but, to become perfect, they depend upon, and must be fol lowed by an additional fact; to wit, the appointment of a successor and his qualification." "When it is said In the statute that his resignation may ba thus accepted, it is like the expira tion of a term of office." "In form, the office is thereby ended, but, to make it effectual, it must be followed by the qualification of a successor." Fol lowing this case, I am inclined to hold that Crosby continued to be mayor until his successor was elected and qualified. This being the case, Mr. Bergman, in his absence or inability to act, had the right to sign ordi nances, and the presumption is that official duty is regularly performed and that when his signature appears to an ordinance, it was placed there upon one of the contingencies named in the Charter. But, if Crosby abso lutely ceased to be mayor upon the ac ceptance of his resignation, I do not think that this fact would prevent the president of the council from acting as mayor or render his signature to an ordinance a void act. In addition to the section of the charter already quoted, I find this additional provision which seems to indicate an Intention on the part of the legislature to pro vide for any possible contingency that might arise by reason of the absence of a mayor. Section 34 provides: "That in the absence or inability of the mayor, the president of the council shall perform all the duties of mayor, approve all ordinances, etc., requiring the approval of the mayor." By this section he is not required to sign as "mayor," but to perform, the duties of mayor. The law-maker evidently meant something more than is ex pressed in sections 43 and 47 of the charter; and while the' language chosen is not the best or most expressive, I think a fair construction of it, accord ing to its spirit, would cover a case of either death or resignation of a mayor. Statutes of this kind should not be construed in a narrow and technical spirit, but with a view to give effect to the intent of the law-making power. Thus, courts frequently disregard the strict letter of the statute to give ef fect to its evident intent. This, In Nell vs. Wilson, 14th Oregon, page 412, where the laws of the United States gave certain privileges to pilots upon waters forming the common boundary between two states, our Supreme Court, following the spirit of the law, held that the word "state" should be construed to mean and include a terri tory of the United States. The courts also havia frequently construed the word "may" to' mean must and shall, and the word "the" to mean a, when the whole act taken together seemed to indicate such an intent, so, that in any event, I think that Bergman was not only de facto but de jure en titled to sign the ordinances in ques tion. Every presumption is in favor of the act 'of a public officer. Code, page E8G. Dolpy vs. Barnet 5th Oregon, 192. Fair vs. Slmms, 24th Amer.Dec.,396, Hartwell vs. Root, 10 Amer. Dec.,232, I do not think the claim that Court street was improved in 1872 is borne out by the evidence.' X think when the charter speaks of "Improvement" it means a substantial improvement of the kind commonly seen in city streets. A single plank laid across a mud-hole might improve the travel on the street, but it would not be a "street improvement" within the mean ing of the law. The evidence In this case show that in 1872 a dirt road was built on some portion of the street, but nowhere to its entire width, and a side-walk, more or less substantial, was built on trestles along one side of the street for quite a distance; but this does not come within the terms of the charter which provides that "any street or part thereof, which has heretofore been or shall hereafter be Improved by order of the Common Council and the 'cost thereof assessed upon the adjacent property, and which has been, or may hereafter te accepted by the common council, shall there after be improved and kept in repair at the city's expense." In order to be exempt, therefore, from special assess ment for street improvement, the party claiming such exception must prove the concurrent existence of three facts, first, the street must have been pre viously improved by order of the com mon council; second, the cost thereof must have been assessed upon the ad jacent property, and third, the im provement must have been accepted by the council. Granting the first prop osition, for the sake of argument, there is no proof whatever that the cost of the improvement was ever assessed upon the adjacent property; In fact, it clearly appears that it never was so assessed; neither is there any sufficient proof that it was fever accepted by the council. The suggestion that the work was done pursuant to an ordinance. WASTED. and that this fact la an equivalent to an assessment on the aiolnlnar nrnn. ertv. I ,,n,,,n ..... niRFORGKNEIUL HOUSEWORK CALL " ' j mini li ii n vltMIIl I yjf ' id the evening at 107 Jackxon afreet. "C1MFLOVMENT FOR MAN ANU WIK rj work ot hit kind. Address "Work" F. O, liux Ml city. FO& SALIC. rrOE STEAM KR DISf ATCH- 1 particulars apply llwaoo, Washington. -FOR FUllllIEK L particulars apply to Aberdeen racking to OO AfJRES I 135.00 PER ACKS IMPKOVUll lariiiinir land w til Irmt trees, 20 acres cleared, 2o acres pasture. Dwelling house, ware house and other hiilldlniM. Half mile from Steamboat landing at Uiookfieid, by boat nr roan, inquire ci owner on premises MltS. 11. K tiTlnl.- FLU riHKAP A FEW CHOICE LOTS IN ADAIR J Astoria-Easy terms. Bee Frank Spittle at torney -M law i7JUass Htreet. ROOMS TO It EST. rTWK MAIN STREET 1IOIT8H HAS RKEV A newly iiiniislied Uirouirliuiit: iilc.t i-oiiins for rent by day, week, or month, by proprietor uuu uiauager, una u. srn.i.iLittlUll. TOOMS LLV housetoeep.hg, No IN A GOOD LOCATION FOR m Main stniei. ATICKI.Y KITUNwH R11 if,mw nv nv IN week or moulli terms Verv relisniiHhle nr. but) isriui, iu mini Rireec. LOST. A BOUT 200 FATHOMS W VAX MAltynwiM 1 15 ply twine, ou the night of May lOtli, oft r k omvem. r inner win uo reward uy appli 111 In Klmnro'u ..nh... ' ' MISC ELLAS EO VH. rKhh ON P. BAKER. 478 THIRD STREET j ana nave your clothes dyed aud claimed riEO. Mclean, corner olneyand a J tor streets, does a general business in black smituing ana repairing. Seaside Saw Mill. A complete- stock of lumber on hand tn the rougn or dressed, flooring. Rustic, Celling, and all kinds of finish: Mouldings and Shin gles; also Bracket Work dono to order. Terms reasonable and prices at bod rock. All ordi rs promptly attended to, Omco and yard at mill 11. r. L, 1AIUAN, fropr, Seaside, Oregon, NOTICE. I will be glad to receive any items concerning social events that residents of Astoria desire to have published in tne society columns or the Sunday Or- egonlan. Such notices must reach me not later than Thursday evening of each week. JOHN It. RATHOM. Oregonlan Correspondent, P. O. box 6S0 ROSS, HICCIN CO., butchers - and - Grocers, Astoria aud Upper Astoria. Fine Teas and Coff es, Table Deli scles, Domestic and Tropical fruits, Vegeia bles, sugar cured hams, bacon, etc. CHOICE FRESH & SALT MEATS JEFF'S, Tie Dull Restaurant " exception in tne statute, "an exception is to be construed strictly, and not to be extended beyond the plain Import of Us terms." The plain tiffs have not brought themselves with in the exception It was also objected that the entries made in the docket of city Hens were insufficient to create a lien because there were no marks to indicate wheth er the amounts were intended to des ignate dollars and cents or mere ab stract numbers. The columns are ruled for dollars and cents, and nobody would be actually misled by the ab sence of the usual dollar ($) mark. Our supreme court has held that such an entry as thia sufficiently indicated the amount claimed. DeLashmutt vs. Selwood, .14th Ore- c., wi. SNrVTTAnK NKYI nnm TAW i umn The objection that there was no levy en's. Seven romiu ana basement for On n n.intltTa' mta a anaararal hr 1 t- - -.... w wjio nvivu vn fact that no levy is necessary; the moment the assessment was entered In the docket of city liens it became a Hen upon the property and no other levy was required.. Freeman on Execution, 282. Bank of British Columbia vs. Page, 7th Oregon, 454. A sale without levy transfers the title. Freeman on Executions, 281, 282. Bagley vs. Ward, 37 Cal., 131. Blood vs. Light, 38 Cal., 649. The objection that the date of sale was fixed for a time subsequent to the return day of the warrant is not a vital one; the right of the chief of police to sell the lots by virtue of the city's Hen and the warrants held by him before the return day and he could sell the property after that day. Remington vs. Llnthlcum, 14 Peters, 84. Freeman on Executions, section 106, . Wharton vs. Sexton, 4th Wheaton, 503. Pettlngill vs. Moss, 74 American Dec, 747. It appeared on the trial that lot 1 jn block 70 was assessed to Bowlby and Thomson, when in fact it was owned by the Clatsop Mill Co. The law provides that the auditor shall make up his entry from a certificate furnished by the county recorder. An entry so made is sufficient. City Charter, page 32, section 85 Hawthorne vs. East Portland, 13th Oregon, page 410. Plaintiffs also object that the notices contain nothing to show that the city intended to improve this street at the expense of the adjacent property hold ers. As already shown, there was no other way that it could be lawfully Improved. The city had no right to make this improvement at the expense of the general public and the plaintiffs being presumed to know the law, must be presumed to nave known this, and it was not necessary to set out mat ters of law in the notice. While some of the proceedings in this matter were not as should be used as precedents for regularity, and are, in some respects, defective, I do not believe there are any such vital defects as would render them void. It is not tho business of the court to quibble or seek for faults in order to set aside proceedings of this kind, but rather to disregard technicalities and irregulari ties ,ln form, so long aa the law carried out In substance. In the case at bar, the city council had jurisdic tion over the subject matter. In the exercise of such Jurisdiction it gave notice, sufficient, in my Judgment, to give it jurisdiction over the parties and the property assessed. The plain tiffs all reside in Astoria; all knew of the proceedings, and knew that the city was making) this improvement with the Intention and under the belief that the adjacent property was liable for the cost of it, and that such cost had been properly assessed against said property; and, knowing all these facts, they made no objection what ever to such improvement. Some of them went so far as to contract with private parties to fill the street to the grade in front of their lots; others ne gotiated with the city about doing the work in front of their lots. They did of all kinds done. Whop, foot of Lafayette Ht. not then complain of the alleged irreg ularities that they now urge, and, so far aa the testimony Bhows, never ap nrlsed the city of their objections until the work was completed. By this general Machinists & Boiler .Makers course of conduct they are completely Un hni MarlM En(tlne. noHer work, Steam- estopped to complain now. boat sad cannery work a Specialty. Elliot on Roads and Streets, page Outing! of All Deoriptioni Mtdt to Order at 418, 41. In re Cooper, N. T., 507, Hawthorne vs. East Portland, 13th Oregon, 410. Curtis vs. Water Co., 20th Oregon, 34. Wright vs. Tacoma, 19th Pacific Rep., 42. State vs. Morristown, 34 N. J. Law, 445. State vs. Mayor, 40th N. J. Law, 244. Other objections were ably urged by counsel for the plaintiffs; in fact near ly every objection that could possibly be suggested in a case of this kind has been made by the able counsel in this case, and, while the case is not free from difficulties, I am of the opinion, for the reasons herein stated, that the defendants are entitled to a decree dis missing plaintiffs' bill. And It Is so ordered. CAMPBELL BROS. (Successors tn Warren A Campbell), WARRENTON. OREUON, Dealers lu DRY GOODS, GENTS' FURNI8HINO GOODS, Hats, Cups, Boots, Khocs 8TAPLK GROCERIES FANCY Hardware, Ironnd Steel, Crockery, Glassware woocienware, rations, etc.. nay, Groin, Klour aud Keecl. MOTTOi "Small Profits Cash Nales." HUNTER & MERGENS, ' Proprietors ol 1 ho Corner Second and Ri nlun slrrcts Corner Til lr.l and Wo t h.lulilh atreets. Butchering Co Foard & Stokes anooEns Dealers In Glassware, Crockery, Slilp Supplies, Tobacco. Wines and Fine whlikies. Fine Thiu. and Coffee a Specialty. The Flm-st Display of Fiulis in Hie City, Fresh on Every Steamer. iorner oi inira aim west Kigntii riireets. MACHINE SHOP JAS. DALG1TY, I'rop'r. (Successor to Arndt & Ferchcn.) Boiler Repairing- and Cannery Woik. Tlenalr- iiiR of River Craft a Specialty. Machine Work Our Stock Represent Over 1000 Styles. Trouserings, Overcoatings, Suitings. Prices $5 to $50. Samples, Self-measurement . Rules, and Tape-line Mailed Free. TAJLCR 128 FIRST STREET, Portland, Oregon. V 'J Oh9 Worth more than standard value worth two fc for the WoId's Fair and more than that to you. We are selling half-dollars Tor a dollar a-piece, You get a Original in Design. World s Fair Souvenir Coin for a Dollar Beautiful in Execution. A Work of Art h Itself. face Market value, value. 5.00 900.00 i.oo 900.00 .0 52.50 .05 100.00 01 5.00 .01 ' 50.00 24-33' 32-00 1.00 4.00 .66 1.25 .66 1.25 We devote the entire amount towards enveloping and ennobling the People's Great Fair. Souvenir and Rare Coins as an Investment. Join. U. S. $5 Goldpiece 1823 U. S. 1804 Silver Dollar U. S. Half-Dollar 1796 U. S. 1802 Silver 5-Cent Piece U. S. 1856 Eagle Penny U. S. 1793 Copper Cent (Amer!) Queen's Jubilee 5-Sovreign, Eng. Napoleon's 100-day sfr., French. King William Coronation, Ger. 1861 German "Peace" Coins 1871 Thif will be the best investment you ever made- A World's Fair Souvenir Coin A National Heirloom for only $1.00. Under Act of Congress we have 5,000,000 Souvenir Coins, of the denomination of 50 cents each. That the money may go as far as possible, . ancUthat all the people may have a chance to pro cure these artistic and patriotic souvenirs of their own Exposition, we have resolved to offer the whole issue for sale at $1.00 each. Apply to any Bank, or send Post Office or Express Money Order, Bank Draft, or Registered Letter for as many coins as von wish, with instructions how to send them to you, to Treasurer World's Columbian Exposition, CHICAGO, ILL. ASTORIA liiOft WORKS, OoDCumly street, loot Jackson, Asioria, uregon. Short Notice JOhN KOX...- President and 8up- U KUX .... ....-vice rresiutm ?. GUNN'S IXFSOVES .LIVER PILLS . ONLY ONE FOR A DOSE A WORD TO LADIES. YhM iHlla r so different in tMt, raell and otton irom otnnvaa my mitfnt oe eaiiea moiotea eonfMtion. lAdiM snfferinf from headache and thoM with ft&How oomplexiono who cannot take ordinary pliU are delighted with them. They majco to mud Deautuui, free from blotenea ana pimple. Uq. Soeauko Med. Cfe. fhlUdeiphia, fa. For sale by J. W, Conn, Druggist ' U5T Tlie only Pore Cream cf Tartar Vt . ' Used in Millions of Hotnei -Xo Ammonia; No Alum. Years the Standard J. O. TSIXJUTVLX, r Una Just received a fine line of WEDDING PRESENTS rVinM.itnifr of Hlver Hon Him DUlm-, Fruit Dish, Iterrv UiHiiCH. Nut HowK MiutUrd I'utn. lllseiilt .(am. Celery (ihiwieg, Hiilr Tin Try, 11 it CiikIiIonh, Ficturn Friiinen; MirniiH, etc., nil new RoodN HlKl I ill est designs. North Pacific Brewery JOHN K0PP, Propiletor. Holiemian - Lager - lieer Anit XXl-oiter. All nrderti romptly nttended tn, Merchant Steamship fos Line, Connecting with Cmadlna fitolilo Kallwajr ami China Htemii. Ship Line, 'I aklng frelpht and paswiigein for I'ort Ang les. Vlcioila, Pint TownseiMl, healllo, T;iiiiia, Wliiileom, KilliliHven, NuhhIiiio, New WeMiiiin Her him Vancouver : Leaving Asloila ; H. 8. llxyiian i;epulillc. 8 8. Wilmington 8 .-. Ilnytla'i Keiiiiblie Freight received at llutler wharf, foot ol Main xt.eet. For furl her I'arnciilaiH apply a1 the otllce, earner Third am Main titreet. KRltOU-lOV HIUM., A genu. Do You Know That the Tide Table lor AHtorla. MAY. 1IIOH WATKK ll. III. '. M. i it. ii h. ni. i n. J.OW WATKK. M. 1 T 2 w. a T 4 F.. fi H .. t h .. ; M. M T.. ' W.10 T..1T F. 12 K.. I.H K.. U M. I V J'.. 10 W.17, T-IK V. 1" M.. 31 : H.. 2ll M.a'i J .. 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OOin. a deiiiittf miaoigiit, un. . in. v denuieii noou. Goes Everywhere? Advertisers, Do you see Your chance?