davidaulloa/AmericanStories huggingface dataset:
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12
Attorney General Hands Down
Fish Trap Opinion.
STATE MUST ISSUE LICENSES
According to the Opinion Of Attorney
General Crawford State Cannot
Refuse License to Those
Applying For It.

In answer to a request of State Fisl
Warden Van Dusen, Attorney Genera
Crawford yesterday handed down the
following opinion relative to the war
den's right to refuse licenses for foul
traps near Gross and Snag Islands:
Salem, Ore, June 20. 1906.
H. G. Van Dusen, Fish Warden:
Dear Sir:-Your favor of the 26th
inst. with enclosures, is received. Also
the letter from H. NJ, Lorntsen, secretary
Of the Columbia River Fishermen's Pro.
tectiye Union. of date June IA, was
awaiting me upon my return from
Eastern Oregon few days since enclos-
ing copy of the opinion Of Judge Mil
ler rendered January /, 1899, at Kalama.
Wash, and copy of the opinion of
Judge Mcbride in the, case of Warren ct
al VS.. Service. rendered in June. 1895,
both upon the right Of the public to fish
in nayigable waters.
/ have examined the opinions above
referred to, together with the authorities
cited therein, and am of the opinion that
the right to fish in navigable side waters
is common to all citizens and cannot be
usurped by any person or persons to the
detriment of the public in general.
Judge Mcbride, in his decision above
referred to, lays down the rule as fol-
lows:
"The right Of fishing in nayigable tide
waters is common and public to every
one: Arnold VS.. Mundy, Halstead;
Martin VS.. Waddel l6 Peters, 400;
Parker VS.. Cutter. 20 Maine 1853; Gould
on Waters, chapter l. The same authori-
ties hold that such common right of fish
ing extends to tide flats which are owned
by private parties. And in well con-
sidered case which has never been ques-
toned. it was held that the public had a
right to enter upon such tide fats at low
water when they were bare to dig clans;
Porter VS.. Sheehan, 2 Gray 4S5. So there
can be no question about the right of
plaintiffs, in common with the rest of
the public, to enter upon these waters
to drag seines or other movable nets
across them and take fish from them.
''The state holds such lands in trust
for the people and grant Of tide lands
will not be construed to give to the
grantee a right to exclude the public
from its common right to fish in the
waters covering them. Gould on Waters,
section 81"
"It is contended that fish trap is a
customary mode of fishing and therefore
permissible, but in my opinion it is only
permissible where it does not interfere
with other peoples common right to fish
or where it is not objected to, or pos
sibly where it has been maintained for a
period equal to that prescribed for limi-
tation Of actions concerning real prop
erty."
Judge Miller's decision is to the same
effect, and is supported also by the case
of Morris VS.. Graham, l6 Washington
348. Therefore, it is my opinion that
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12
Rumored Sale Of Redondo to Sim
pson Lumber Company.
HILL L0NlAN DUE DOWN TODAY
Second Portland Hawaiian Line Re-
ported-Echo Leaves For Australia
Yosemite Goes 10 Bay City
Waterfront Notes.
The u. $. Civil Service Commission an

The U. s. Civil Service Commission an.
nounce an examination on August Is,
1906 to secure elibgibles from which to
make certifieation to ill vacancy in
the position Of fireman, at 5000 per
annum. in the Customs Service at the
port Of Astoria, Oregon, on the launch
Patrol. and vacancies as they may occur
in that service there requiring similar
qualifications. No educational test viii
be given and II will not be necessary
for applicants to appear at any place
for examination. Age limit 20 years
or over on the date Of examination.
Persons named in the application as
references viii be communicated with.
Unless answers are received from these
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12
IMPORTANT MEETING.
Ssaman's Friend Society Board Called
For Friday.

The official board OF the Seaman's
Friend Society viii meet on Friday even
ing at 8 o'clock in r. NJ. Gaston's office.
corner Fourteenth and Bond streets. A
full board IL looked for, as important
mater is TO be decided on. The time has
now arrived for decisive move to be
made in the direction Of securing the lot,
and to lay the foundation OF the Sea.
mems Institute. along with the other
great enterprises which promises to
make Astoria city Of the first order.
With the present board Of leading bust
ness and professional men, much is hoped
for. and the Seamen's and Fishermen's
Institute will stand as a beacon to the
tired and weary mariner, and testi.
mony TO the world Of Astoria's spirit OF
beneyolence and humanity.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12

The steamer Noyo came down from
Portland yesterday and spent nearly
the whole day here at the ElmoFc pier
trying to secure q fireman. She left out
yesterday afternoon late.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12

The steamer Sue II. Elmore arrived In
from Tillamook City at noon yesterday
with a good passenger list and hold
full Of merchandise.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12

Captain Reed and the bar tug Wallula
went to Knappton yesterday and took the
fine barkentine Echo to sen and gave her
an otling for Sydney, Australia.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12

The fine new steamer Yosemite came
down the river early yesterday morning
and after few hours stay at the Cal
lender pier went TO sea and San Fran
cisco.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12

Astorian, having moved his entire fam
lily here from Tillamook City, with the
intention OF residing here permanently.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-07-12

Yesterdays Oregonian contains the
following cheerful announcement: "The
announcement yesterday of the Charles
F. Beebe Company, local agents Of the
American Hawaiian Steamship Company
that the vessels of this company would
call at Portland in the future is Of es-
pecial significance since the arrival Of
the Matson Navigation Company's liner
Hilonian, for 1t indicates that there is to
be competition in the matter of securing
local trade with the islands. The Ameri-
can Hawaiian Company operates line
of steamships between New York and
San Francisco, and from the latter port
the Eastern consignments are sent to
the islands via smaller vessels of the
company's feet, and it is the intention
of the operators to have these smaller
vessels make Portland port of call in
the future, and this will be kept up as
long as the trade warrants the sending
Of the vessels to this port"
ti
1t is rumored in this city that the fine
coast steamer Redondo has been pur-
chased by the Simpson Lumber Com.
pany, at Knappton. The final terms have
yet to be closed. She will be put on the
San Francisco Coos Bay run Immediately
the deal is accomplished.
M
w. A. Lynch chief engineer Of the
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22
RUSSIAN M0NARCHlSTS MEET
Declare Car Has No Right TO SUR
render Powers should He
So Desire.

MOSCOW. April a.-The congress OF
monarchists. which assembled here yeater-
day, was opened with prayer by the Met
ropolitan Vladimir. The gathering was
chiefiy notable for a remarkable speech
made by a priest. Father Vostorgon. In
which he declared that the emperor. even
II willing 20 do so. had no right to abrogate
his autocratic power. adding
The true Russian people. who hereafter
will be proud OF the name OF Black Hun
dreds.' cannot consent 10 it."
ST. PETERSBURG. April Ain reply TO
a message from the member OF Parliament
elect OF Samparisa province protesting
against the further Induction OF the death
penalty. Premier Witte has telegraphed
that in order 70 secure the pacihcation OF
the country the daily round OF murders
committed by revolutionists must cease.
only then would the government be deliv-
cred OF the necessity for administering the
Geath penalty.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

came the best known legislative corre-
spondent in the state, and went on the staff
Of the Lincoln Statesman. where he con-
tinued to stir up trouble. e
I A Paying Compromise.
One afternoon a stranger dropped into the
Statesman office. and with a bland smile
Informed Mr.. Davis that he had been en-
gagged by local politician to punch his
head.
"How much are. you charging him p
inquired Mr.. Davis.
1--WE tapped his pocket for hundred. -
was the reply.
Have you got 1t with your
81 surely have" said the hireling, pre-
pairing to remove his coat.
"Ahi" exclaimed Mr.. Davis, rising and
extending his hand. ''you are man of
dlscernment. 1 should like to go into part
nership with you. A fight, at best, is al
ways an uncertainty, and 1t is a good idea
for us to split the purse. Give me fifty.
I'll send a man down to your friend with
the news, that you came in here and beat
me to a pulp; thatIl satisfy your hacker,
and then, tomorrow morning. I'll print an
item to the effect that stranger waded
in on the quiet Of the Statesman and with
out rhyme or reason pounded a printer
nearly to death. You can explain that you
made a mistake. and let II go at that"
The partnership was effected and the
program was carried out.
Later Mr.. Davis drifted to st. Louis
where he went to work on, the Repub.
lican. In an effort 10 nyen up the river
column he asfpltEted ! sally sl5t IN tnt
Republican building and was discharged
His next move was in the direction Of
Chicago. where he applied for "a position
on the Times
ANY CREDENTIALS inquired the city ed
ltor. s>G
. None"
where were you last EMPLOYER"
est. Louis Republican"
"That1l do. Any man qualified to wori
on that sheet can't get a Job here"
| 'But / was discharged inside Of a week.
observed Mr.. Davis. as he was being es
corted to the door,
"oh. beg your pardon!" In that case
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22
Humorous Side of Sam Davis Life.

you must be a good man. Please accept
the political desk, Mr. Davis, l beg of
you'll" exclaimed the city editor, bowling
with fine courtesy
Sam Davis pr!ded himself on his ability
to fill space whether anything important
was happening or not One day the owner
Of the Times" met him in the hall and
shook his hand warmly.
"Are you the man who manufactures
those bogus stories?" he asked.
Davis blushed
"Oh don'S be embarrassed, young man.
They're great If you don't find news,
make some"
This approval turned the journalists head
and he went so far as to write a letter to
the proprietor in which he set forth the
fact that ne was worth more money than
he was being paid" In referring to It
Mr.. Davis remarked that It was the best
fake he ever wrote-but somehow or other
it didn't seem to catch on"
Making a Stir on the Coast.
From Chicago Mr.. Davis drifted to Cal
| ifornia and at once became identified with
the newspapers and magazines Of San
Francisco. He joked with everybody and
wrote fiction and biography so true to life
that much Of II has gone into historical
works subsequently published. Endowed
with tremendous energy and considerable
physical strength he was able to cope with
any and all conditions of western society
Whom he was not writing for half the
publications in San Francisco he was oc-
cuTied with the schemes and enterprises
| thsk Involved capital sssveral Thousand
tiries greater than he was able to lay his
hands on. The only man who was able
to separate his serious hopes from mis-
practical jokes was Davis himself.
| He once made wager that he could sue
cessfully initiate the style of any living oil
dead poet and do It so thoroughly that the
difference was not discernible; and that the
public, the press and the critics would
not detect the fraud. AS a result he wrote
''Binley and 49," to which he signed F
Bret Harte's name. The fake was put
out in a publication known as 'The Oper
Letter" 1t described an engineer who tool
his train through a snowstorm in thG
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22


9l ing bunch of stories about Sam
SSeaES Davis, Insurance commissioner of
Nevada, whose def to the big insurance
companies of New York earned for him
the sobriquet, 1.-THE sagebrush Ajax. Mr.
Davis is a newspaper man first of all.
ohhceholding is incidental to the profession
he adorns. He did considerable reportorial
work in the Missouri valley towns in the
early '7Os and snapped condolences and
copy with DR.. Miller when the Omaha Her
aid was 1.-THE only religious daily in the
great west. The doctor agrees with 81
that Davis is a man Of great personal
worth.
Mr.. Perkins says, in part:
"Mr. Davis was born IN Branford. Conn,
in 1850. He is, as was the late Matthew
Stanley Quay and is the live E. H. Harri-
man, the son of an Episcopal clergyman.
Early in life Mr. Davis manifested such
a sensational leaning toward POPULARITY that
he was led from a theological school by
the ear. Subsequently he turned up at
Racine university in the same class with
Paul Morton, president Of the Equitable.
As editor Of the college paper in Racine,
Sam Davis got a taste for Journalism. and
moved from the university at the request
Va NAto AaCuiNy dlbcT COhNhhb bAAICo nullipCN
He went to Brownsville. Neb, where he
took, by force, . reportorial position on
the Democrat at 50 a week. The audacity
OF HIS attacks upon crooked politicians at
tractee the attention Of Or, Miner. pub
Usher Of the Omaha Herald There wal
fight on at Lincoln. from which the Her
AIDS correspondent had been driven by a
gang OF Infatuated corruptionists. Mr.. Da-
Wis took the vacancy and went into the
thick OF 1t. He fell foul Of IL senator from
Nebraska City who threatened to kill him
IL he did not retract certain statements by
noon the next day. Mr.. Davis wired &c
Nebraska City for delegation of the
irritated senator's constituents and re-
peated his charges to them as soon as they
arrived in lincoln. They threatened q
| lynching unless the lawmaker lived up tC
his platform pledges. Davis at once be.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22
stock ForEers Convicted.

NEW YORK. April m.-Sentences were
passed yesterday on three OF the men con-
victed OF forgery OF the Norfolk & West
ern stock certificate swindle, In which
bogus paper having a face value OF hum
dreds OF thousands OF dollars was circu-
lated. T. c. p. COlmey was sentenced to
seven years and six months imprisonment
Samuel ]. Humphries to six years and
was deferred on Charles Augustus Seton
the fourth man convicted IN this case He
was. however, given an eight-year sentence
fer grand larceny IN csnnection with the
promotion OF the Houston a Galveston In
terurban railway, Texas corporation.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22
FRENCH SHIPS AT ACADEMY
Admiral CamPiOn and Squadron Ready
for the John Paul Jones
Services,

ANNAPOLIS, Nd, April n.-The French
squadron. under command OF Rear Admiral
Campion. sent to participate in the Paul
Jones commemorative services. arrived on
the naval academy last night. The flagship
Marseilles' big guns doomed out a salute
OF nineteen guns to Admiral Sands and this
was returned by the naval academy shore
batteries The onicial visits will be ex-
changed this morning.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22
Lieutenant Grant for Royal weddinE

Lieutenant Grant for Royal wedding.
WASHINGTON. April A.-First Lieuten-
ant u. 8. Grant, grandson Of President
Grant and military aide 70 President Roose-
Welt. has been detailed 70 represent the
United States army AZ the nuDtials Of
King Alfonso OF Spain at Madrid in June
next. the naval representative has not
yet been designated
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22
TIMELY REAL ESTATE TALK
Acreage Property Sales Give Interest to tho
Week Among Dealers
NOT MUCH OF THIS CLASS ON MARKET
Desirable Parcels of Land Lying out
of Town Are Nearly All in
Hands where They
VIII Remain.

Were It not for the activity In acreage
property, the week in the real estate
world would have been comparatively quiet.
AS 1t was however, two sales Of acre land
excited no little interest, for the move
ment indicated a growing demand for such
property. which is getting soaroer every
day. Realty men say there are few desir-
able pieces OF land OF any considerable
size at a reasonable distance from the city
and within a reasonable distance from the
car line. They declare that such as Is
available is cheap at present prices and
predict a substantial advance In the near
future.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

H. PERKINS. not Eli, has col
lected and prints in the April
number Of Success an entertain
ing bunch of stories about Sam
Davis, Insurance commissioner of
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

One OF the pieces which changed hands
was that of w. w. Morsman. a forty-aore
tract just north OF Krugs park. which went
to Garvin Bros. and Hastings q Heyden.
These real estate firms will cut the prop
erty into acre, half acre and city lots and
place 1t on the market this spring. The
price paid was $4,000. or $500 an acre. This
tract is on a county road and but short
distance from the Benson car line.
The other sale was one by Henry Rieck,
OF forty acres a half mile north Of the
park. 1t brought $3.50 an acre. The name
of the purchaser has not been announced.
but It is understood to be real estate
firm, which will cut It up and put It on
the market on the same plan as will be fol-
lowed In dlsposing Of the Morsman forty.
This makes 100 acres, taking into cons
sideration the Brown forty, short distance
east of the park. which has been sold in
the vicinity Of Krug's park in the last two
weeks. 1t VIII furnish homes for large
number Of families.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

Transfers above 5000 recorded for the
week were: Mary r. Gibbs TO Flora Kahn,
lot 8, block 3. Paddock Place. 5000: Nellie
Kirby TO William Kirby lots o. 10 Il and
Il. Ames addition. A100: Franklin Realty
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

HAS 1t occurred to you latelyf~ asked
member OF the real estate fraternity,
that in spite Of the activity in houses and
lots, there is less property on the market
than there has been for long time?
venture TO say that there is not an agent
in the city who has a for sale list as
long as he had a year ago, or i've years
ago. It seems the better the times and the
higher the price Of real estate the less
there Is seeking market. The Omaha peo-
pie who invested long ago and have not
sold have come to the conclusion that
they will hold on now while the market
is rising and in a year or two get much
better figure than they are offered now.
Perhaps some Of them have had their
property listed for years and were ready
to sell at any time. The time has come
when they can sch at their former asking
price and more, but they have withdrawn
from the market altogether. Many Of them
are so confident Of a steady advance that
they do not even look around to see what
they can get at present. They are simply
holding on"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

Among the proposed residences which
have been announced during the week is
one for Mr.. Billings, at Thirty-third and
barney streets. Mr.. Billings bought loo
Immediately west OF the Nebraska Tele-
phone company's new exchange from the
Byron Reed company. and viii build on It
a 1850 residence 10 accord in size and
beauty with a number OF others which tho
Reed company is building in the neigh
borhood
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

There is quite demand for small store
buildings in the suburbs" said a real es-
tate man the other day. "a woman came
to me this morning looking for a small
building in which to locate a millinery
shop and dry goods notion business She
had travelled about the city all OF the day
before and had found nothing. I had to
admit 1 had nothing for her unless she
would take dwelling house. She wanted
to rent, not buy.
why is It people do not build more
stores to rent7" she asked me. Prom
what have seen, they must be much in
demand"
II told her it was for the reason that
when the semblance Of hard times come
the people in surban stores begin to kick
on the rent and want to have It cut down.
Again, when hard times come such places
are the first ones vacated and the last
ones filled.
IT do believe. though. that there 10 room
for store buildings out In the suburbs and
that they would pay II built two stories
high with living rooms on the second
floor. The rooms would always rent"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

The highest price paid since 1887 for land
mile or mere outside Of the city limits
was paid by Harry L. Busch for a part OF
the David Reed homestead on Dodge street.
just north Of Elmwood park. The deed for
this piece went on record last Monday.
Ten thousand dellars for twenty-five and
fraction acres. or about $500 an acre, was
the price paid. David Reed has Owned the
farm for thirty or forty years. Only one
instance has been recorded where such
price has t,een paid for property that far
out. In 1857 the Elkhorn road bought
about 100 acres west Of Elmwood park at
$500 an acre. The report was that the road
intended building shops or something or
other on the land, but the report was never.
fulfilled.
Not long ago Lewis g. Reed sold twenty
acres Just east Of the Reed homestead for
IS 1000, or $500 an acre, to George Payne. 1t
is seid Mr.. Payne and others will dividg
the ground and build residences there.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

The dealers in real estate continue TO
turn over a piece Of property now and
then with a good profit. The Dodge syndi-
cate, represented by Peter lessen. jr.. has
sold to Harry Marowitz the house and lot
at the southeast corner Of Twenty-fourth
and Dodge streets. 1t was bought by the
syndicate a month ago from the North
western Mutual Life Insurance company
for $500 What the figure was in the re-
cent transaction Is not generally known.
but the property has been placed on the
market again at $4,000
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

out in the vicinity Of Elmwood park there
is lot OF beautiful land which would make
fine country homes, but It is too far from
the car line for the ordinary business
mortal Only the man who can afford an
automobile, or who has time to spend with
horses. can live so far out. Harry Busch
and George Payne have recently bought
land there.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-22

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