FOLK C OUNTY PUBLISHED SEMI-WEEKLY VOL. XXI DALLAS, POLK COUNTY, OKEGON, FEBRUARY 15, 1910. NO. 1 1 r- W SPRING 1010 ereaies, laingnams, wnne ijrooas, : Waistings, Embroideries and Laces I ; ; arc ready for your inspection. We refill be pleased to show you the new things. We are showing a better line of Embroideries than ever. Our 'er prices are always right. irte SL S. CAMPBEL r (' Successor to CAMPBELL a HOLLISTER DALLAS, - - - OREGON jHere we are at it yet-selling fur- niture every dayexcept Sunday. . jWe treat the people right and they J will buy from us. Ask your neighbor where he buys I his Furniture, Carpets, Wall f Paper etc., he will tell you Sterling Company DALLAS, ousekeeper's Day ri On Monday of each week we will display and advertise four spec ials which we hope will meet with the general approval of our cus tomers. These specials will only be on sale Monday of the week as ad vertised. ft Bars White Linen Soap. 1 10 cent siic bar of Capitol Scour ing Soap. 1 10 cent sise bar of Mineral Hand Soap. These three Items will be sold for 25 rents on Monday only, this means you get 45 rents worth of goods for 25 rents. 3 pounds' Fancy Dried Peaches for 25 rents. pounds Fancy Dried Prunes for 25 rents. i 10 rent Number 2 lamp chimneys for 25 cents. Don't forget the 25 rent sale Monday the 21st, CIUDER'S GROCERY Lafayette Nursery Co. Trees Trees Trees Are YOU wanting to plant TREES? ORCHARDISTS are realizing as high as $1000 per Acre NET PROFITS We grow ALL the STANDARD Sorts AITLE PEAR PEACH CHERRY WALNUT PRUNE ETC. . All orders receive prompt attention. Your trade Solicited. Address, Lafayette, Oregon Perm, City and Town Loans Tive Per Cent interest, Nine years' time with I rivilege of paying at any time. Return pay-r.-ents monthly, quarterly, semi-annually or r . .nually, to suit borrower. For particulars, The Jackson Loan and Trust Co. 3 1 : ( otury Building Denver, Colorado GOODS Furniture OREGON JURY FAILS TO AGREE w. 1- CASE AGAINST BINGER HERMANN MUST BE TRIED AGAIN. Nearly Forty-Eight Hours Spent in Endeavor to -Reach a Verdict Brief History of Case. PORTLAND, Or., Feb. 14 (Spec ial to Observer.) The great Hermann trial is ended, as far as the first trUil is concerned, with a hung Jury. The case was important in many re spects and especially interesting In view of the prominence of persons charged In the indictment. Mr. Her mann was tried alone, others charged in the indictment with him having been either committed or dismissed. The charge, divested of its legal verbiage, was that in 1901 Binger Hermann, F. P. Mays and others con spired to purchase a lot of State land in the Blue Mountains, then create a Forest Reserve, and thus, having their land taken from them, get scrip in Its place worth about $6 an acre. The plan as claimed by the Govern ment was that Mays would purchase a large lot of State land at $1.25 an acre, pay one-third down, get a re serve created out of their land, thus entitling them to the scrip. It was within the especial jurisdiction of Mr. Hermann, as jCommissloner of the General Land Office, to create forest reserves. To this indictment, Mr. Hermann entered a plea of not guilty. The trial was begun January 10 and ended Feb ruary 14. The Gevernment was repre sented by Francis J. Heney, and the de fendant by Mr. Worthington of Wash ington, D. C., and John M. Gearln, of Portland. A full report of all the points made would fill a whole page, so the Observer will give only the salient points in the case. Hermann's Political Ambition. Mr. Heney claimed that Hermann was ambitious to become United States Senator from Oregon; that he was very anxious to secure the polit ical support of Mr. Mays; that this could be secured by placing Mays un der personal obligation to him; that to do so, Hermann must be inatten tive to the Government interests by doing a lawful thing for an unjust or wrongful purpose. In other words, that It was perfectly lawful for Mr. Hermann to create a forest reserve, but that it was evidently a "stand in" to create one In the exact spot where Mr. Mays had accidentally (?) pur chased a large lot of State land, worth but little in the market and of still less value for private holding, but very valuable when it became represented by scrip that could be used In secur ing from the Government an equal number of acres of valuable land else where and used by the holder in se curing title to such land. The Govern ment did not claim that Hermann was to benefit financially, but rather, inci dentally in furthering his political ambition. It appeared from the testimony of Henry Meldrum that Hermann entered Into the arrangement with Mays. The defense claimed in this connection that Hermann had published in the Ore gonlan an interview in which he took strong ground against the creation of any more forest reserves, and also had in evidence the reports of Mr. Her mann to Congress against the creation of reserves. Mr. Heney asked the jury to consid er this question: "If Mays and others believed Hermann sincere, or, In other words, if they did not know what Hermann would do, would they have spent large sums of money In purchas ing land that the evidence showed was not worth 60 cents an acre?" Meldrum'g Testimony Important. The Government attorney contended strenuously for the truth of Meldrum's testimony; in fact, this testimony was the storm center of the case. The de fense sought to attack it by various means. One witness was very positive that no conversation was had by her and Meldrum, except she said: "I ap- "plled once for a position in Meldrum's office. I never talked with him hut once, and all of the conversation was simply asking him if he had a place for me. He said 'no.' I told him good day and never called again." The pro secution had proved some very dam aging things as having been said by this witness to Meldrum and the wit ness was confronted with letters wrlt ! ten by Hermann in which he referred '. to her letters to him about having 1 called twice to see Meldrum and f bout ! a lengthy conversation she reported to 1 Hermann as having had with Mel drum. j All through the case, to every little conversation and every little contra diction, apparent or real, the respect ive attorneys directed their argum nt. Nothing escaped either side. Much amusement was created by some of Hermann's letters to Brownell, Loom Is and Ormsby, in which he asked their support for Senator. Weakened by Crow Examination. Mr. Hermann's cross examination weakened him quite materially not In any one thing he said, b :t In his seeming lack of frankness. If inno cent Heney made much of this. The defense devoted much attention to Meldrum and bitterly assailed hia tes timony as that of one still having two indictments hanging over him. The defense had many of the lead ing men of Oregon testify as to Her mann's good reputation for honesty, i and It also pressed home with' effect the evident intent of two of the Gov ernment witnesses to force Mr. Her mann out of public life. One witness who was very damaging In his trsti jmony. If believed, was shown to have ' been In the employ of Hyde and Ben son, land fraud men. while holding a confidential position In the land office under Hermann. This man was cleerlv shown up to be a scoundrel, not onl by his own confession but by docu mentary evidence. Much was made by the prosecution ' concerning Hermann's political letters, but this was answered by the defmse ' hr r"i-g the fact that it is n. unusual thing for a candidate for office t ho: J , out Inducements In the way of Im- plied promises of friendship to his supporters. A laree number of persons ; In the courtroom, who had heard ah ! of the testimony, expressed a confl dence in Hermann's acquittal. In his charge to the jury, Judge Wolverton said it was not necessary that there should have been an express understanding among Hays, Hermann and others to constitute a conspiracy, but that if there was a tacit under standing that Hermann would do cer tain things for his part in the further ance of the common purpose, that would be sufficient evidence of a con splracy. Jury Out Two Days. The jury retired at 11 o'clock Satur day morning, and after nearly forty eight hours deliberation, its members found themselves unable to reach a verdict. A discharge was accordingly ordered by Judge Wolverton yester day morning, and the deliberators, af ter having been kept virtual prisoners for nearly five weeks, were permitted to 'depart for their respective homes. Attorney Heney says he is ready to prepare for a new trial. The defense, on the other hand, having confidently expected acqultal, has made no plans. Attorney Worthington had already purchased his ticket to Washington, and Judge Wolverton ordered court convened an hour earlier yesterday morning to permit the distinguished lawyer to leave for the East at 10 o'clock. Hermann's Long Public Record. In many ways, the case against Mr. Hermann is a sad one. For nearly fifty years the defendant has been a well-known public man. He came to Oregon when a boy, worked on a farm, taught school, and educated himself for a lawyer. He was made a Deputy Collector of Internal Revenue, a State Senator, Receiver of the Land Office at Roseburg, and a Congressman from Oregon for twelve years. He' was ap pointed Commissioner of the General Land Office by President McKinley. Resigning this office, he returned to Oregon and was elected to fill out the unexpired term of the man who had defeated him for Congress in 1896. Was again elected to Congress, but be fore his term expired, was indicted by the United States Grand Jury on a charge of conspiring to defraud the state and Government. For five years this indictment hung over him, and after a trial of five weeks, he must un dergo the ordeal again! During all of the years of his en deavor, no one has ever charged that Hermann was not honest in all of his financial dealings. No one has ever claimed that he used his various of fices to make money out of them, ex cept what belonged to him by right. While men Joked about his suave man ners and jolly handshake, while others questioned the sincerity of his friend ship, his real Innate honesty was nev er questioned. Sad indeed It was for one, not even a political supporter, to listen to the terrible arraignment as the Government attorneys sought to weave around him a chain of circum stances indicating, as they claimed, his guilt. Yet it was a relief to know that these attorneys disclaimed any purpose of Mr. Hermann to gain money by what they asserted was a plan on his part to sleep at his post of duty while his political friends put dishonest dollars in their pockets. Sad, Indeed, It was! A man, nearly 70 years of age, surrounded by his wife and children, sitting in the court room while the attorneys for the Gov ernment charged him with betrayal of his trust to gain political influence. How rapt his attention to every word! Again, turn to watch him as his at torneys went over the testimony, build ing up their theory that all he did was. for the public good, showing up the motives of those who sought his ruin. What could have been his thoughts as the jury filed out of the courtroom, and he knew that In the hands of these twelve men rested his fate. Would It be McNeill's Island and dis grace, or would it be freedom and hiB home In Roseburg? Guilty, Binger Hermann's punish ment has been great. Innocent, the wrong done him can never be righted. MAY USE CONCRETE Independence Plans High School to Cost $13,000. It has been practically decided that the new high school building in Inde pendence will be built of concrete blocks. Those who have expressed an opinion on the matter are enthusias tically In favor of the best that money will build. Fully half of the people favor a bonded Indebtedness of not less than $20,000 for the purpose of pro viding funds with which to build the structure. Others favor a still' larger sum. The petition which was circulated during the week calls for bonds to the amount of $15,000. This amount is thought to be ample to buy the grounds, pay for the construction of the buildings, and provide the heating plant. The basis of estimates of costs are made from Information procured from the architect who planned the high school building at Junction City. This building has six rooms and two labor atories. Its cost Is said by the archi tect to have been $5800. The heating plant was to have cost $1500, but it is understood to have been In excess of that amount or about $1800. The Junction City high school building Is a frame structure. It Is believed that an eight-room building can be erected here at a cost I of $7500, or concrete block structure j at an Increase of one-fourth of this amount, or about 1500. To this is ad-1 , ded the cost of heating plant, about $2000, and $50 for fittings for high school work, besides $1500 for furni ture and $115t for grounds. Theee amounts make a total of $14,850. It is believed the expenses can be kept within these figures. Independence Enterprtne. Will Retire from MlnWry. Rev. Ernest J. Sias. who Is the brother of Mrs. Charles Buhman and Mian Fiaa. of this city, and brother of Rev. A. c Bias, of Dallam, former taa- tor of the Christian churrh here, has announced his Intention to retire from active ministry and devote his time to the platform and lyceum work. Mr. ; giaa will be remembered as having de-i livered a lecture here about a year sjro. He la now pastor of the Christian church at Fraakfort, Indiana. For- est Grove News. CALLS STATE ASSEMBLY REPUBLICANS WILL MEET IX PORTLAND JULY 21. Counties Will Name 1218 Delegates Proxies Are Eliminated by Unanimous Vole. Without a single discordant note, the members of the Republican state cen tral committee, at a meeting In Port land Saturday, authorized Judge M. C. George, the newly elected chairman, to call a state assembly to be held in Portland, Thursday, July 21. This assembly will consist of 1248 delegates apportioned by the commit tee among the 34 counties of the state on a basis of one delegate to every 50 votes or major fraction that were cast for R. R. Butler for Presidential elector In November, 1908. Twenty seven counties were represented at the meeting, the proceeding of which were marked by uninterrupted unanimity. No Dissenting Voice Heard. The large and representative statt assembly was indorsed by the commit tee without a dissenting voice on the recommendation of a sub- committee of five members which had been ap pointed to prepare and submit some method of proceedure for calling and holding such an advisory gathering. The members of this committee were: R. E. Williams, of Polk; C. T. Early, of Hood River; H. T. Botts, of Tilla mook; C. S. Moore, of .Klamath, and C. E. Cochran, of Union. In counties outside of Multnomah, It was recommended that delegates to the state assembly be selected by- county assemblies and that delegates to the county gatherings be chosen by majority vote only at mass meeting of the voters In the different precincts, these meetings to be called by the county central committee. Saturday, July 9, is the date recommended for the precinct mass meetings, with the date for the county assemblies fixed for the following Saturday, July 16. Multnomah County Excepted. From this plan of organizing county assemblies and electing delegates to the state assembly, Multnomah county was excepted. In this county the com mittee found that it would be imprac ticable, because of the large number of voters, to hold precinct mass meet ings. It was voted to leave the matter to the county central committee with the understanding that It would exer cise Its judgment in adopting some plan calculated to produce -the best re sults. ' . Dr. J. N. Smith, of Marion, and J. H. Worsely, of Wasco, asked that the same discretion be left to the county central committee of their counties with the result that, following some discussion, the original report of the committee was amended to the ex tent that In other counties where it was deemed advisable the method of proceedure In electing delegates to the state assembly might be deter mined by the county central commit tee. Proxies will not be allowed in the state assembly if the recommendations of the state commtitee are adhered to. On this subject the committee took no compromise position. It voted to eliminate from the state gathering all proxies. The committee did recom mend, however, that the vote of ab sent and duly elected delegates In the state gathering shall be cast according to the majority opinion of those pres ent and acting from the same county. This method, it was contended, will insure the polling of the full vote of every county In the assembly and at the same time be expressive of the wishes of the particular locality Inter ested. As to Congressional and district as semblies the state committee recom mended that assemblies for the rec ommendation of Congressional and district offices be held during the re cess of the state assembly; that the delegates to the Congressional and district assemblies be the same dele gates as shall represent those districts at the state assembly; that all recom mendations of the Congressional and district assemblies be reported back to the Btate assembly. Fail to Modify Report. Under the plan of apportionment made by the committee, Multnomah will have 3S4 delegates out of a total of 1248 in the assembly. This was made the target for an attack by George Chandler, of Baker, and A. C. Marsters, of Douglas, who charged that the .representation allowed that county was too great. They failed In an attempt to modify the report by providing for an assembly to consist of 10 delegates at large from each county and one additional dlegate for each 100 votes cast for Presidential elector. This would create an assembly of about 750 delegates. The Marsters amendment was op posed by C. E. Cochran, of Union; G. C. Fulton, of Clatsop, and R. E. Will iams, of Polk, who maintained that any other basis of apportionment than that recommended by the committee would be unfair to Multnomah, vhlrh contained nearly one-third of the votes of the state. They Insisted that the only fair and equitable plan of appor tionment of d-lgats was that recom mended by the committee and that any other representation would de prive that county of the representa tion In the assembly to mhich It was .nl ; ...I Tha mnrlnn .- rffa.tktfl mnA - . line R-uini "i inr v -' i- - , "-i-. , .. , ; the following apportionment, was adopted: How RcprewnlatkHt Stand. No. I le gates. Rak-r 4 Bnnton 14 Clackamas SS Clatsop 2 Columbia 15 Coos 7 Crook II Curry I .Dnuslas 4$ Gilliam I Grant 15, Harney Hood River It; Jackson 41 i Josephine Hi : KUunatn 11; Lake ( Lane j 'Lincoln 1$' Linn 44 Malheur 16 Marlon 76 Morrow 14 Multnomah 354 Polk 39 Sherman 9 Tillamook 12 Umatilla 47 Union 30 Wallowa 18 Wasco t 27 Washington 46 Wheeler 8 Yamhill .- , 40 Total delegates 1,248 George Heads Committee. Judge George, of Portland, was the unanimous choice of the committee for chairman to succeed Judge 'W. M. Cake, whose resignation was accepted. It was with some hesitation that Judge George accepted the office, explaining that his health had not been good and that he was planning to leave the state, to be gone for some time on that account. In taking the chair manship, however. Judge George stip ulated certain conditions under which he would serve, and to these the com mittee acceded. Responsive to that request, he was given the assurance that he would be provided with an active secretary and an executive com mittee, who would assist him to bear the burden of the campaign. The election of E. V. Littlefleld as secretary was also without opposition. To the chairman and secretary was delegated authority td appoint an ex ecutive committee and to secure head quarters. These officers were also di rected to appoint a finance committee and to fill all vacancies on the state committee. During the meeting Com mitteeman Williams, who Is also Na tional committeeman for this state, turned over to the state committee a balance of $115 he reported remained on hand from the last Presidential campaign. Only seven of the 34 counties of the state were not represented at the meeting. They were: Crook, Grant, Harney, Lincoln, Linn, Malheur and Wallowa. OUR MARKET LETTER Receipts and Sales at Portland Union Stock Yards, PORTLAND, Or., Feb. 12 Light re ceipts In all branches have character ized the week's market and prices have been steady and strong, there being 1116 cattle, 65 calves, 2461 sheep and 289 hogs received. There Is a tendency on the part of shippers who come to this market to send their offerings forward in a hap hazard and uncertain manner. This has a tendency to render uncertain the supply and make the buyers take advantage of the over-supply that ar rives on certain days. If the shippers would disregard the suggestion made by people whose knowledge of the market Is limited and would ship their live stock when It is ready to come forward, the supply would be more evenly distributed and there would not be the breaks In the market which have characterized one or two days' business. A load of fancy top steers sold for $5.76 Thursday and again Friday, but this is not thoroughly Indicative of the general market. There has almost been a famine of hogs and- one indifferent load sold for $9.2 5. This Is a very high range and there is a very active de mand at strong prices for all the hogs that can be sent to the market. Sheep have been In fair supply but the market could have taken more without In any way effecting prices. Following are quotations on all classes of live stock: Best steers $5.25 to $5.75; fair to good $4.76 to $5; best cows $4.25 to $4.50; fair to good $3.25 to $4; calves, light $5.60 to $6; heavy $3.76 to $6; sheep, best wethers, $5.50 to $5.75; fair to good $4.60 to $5.26; ewes $4.25 to $4.60; top hogs $9 to $9.10; fair to good $8.75 to $9. PLEASANT AFTERNOON Ladlm' Aid Society Entertains at the Home of Mrs. A, 8. Camplx-ll. The Ladlis' Aid Society of the Methodist Kpiscopnl Church enter tnlned the Indies of the church at the home of Mrs. A. 8. Campbell last l-'rl-i.iy. The home wns prettily decorated with red carnations and Oregon grape, and hearts were used to carry out the Valentine effect. A short musical and literary program was greatly enjoyed by all. The numbers of the program were readings by Mrs. W. R. Howe and Miss Terklns, and songs by Mrs. J. C. Uglow ,and Mrs. George ("onkey, of Independence. A guessing contest, entitled 'The Flornl Ive Tale," was won by Mrs. Will Greenwood. About sixty ladies were present The out-of-town guests were Mrs. George Conkey and Mrs. Claude Skinner, of Independence. Mrs. Theo Farlngton and Mrs. J. A. Lynch assisted Mrs. Campbell in receiving the guests. Ught refreshments were served and added greatly to the enjoyment of the entertainment. Company, Attention! Headquarters, Company II, 4th In fantry, O. N. Q., Dallas, Oregon. Company Orders No. 7 Company H. 4th Infantry, O. N. ., la hereby ordered to assemble at the Armory. Dallas, Oregon. Tuesday evening, Feb ruary IS, 110, at 1:15 for Annual Inspection provided by the rules and regulations of organized militia of ( (rrgon. L. A. BO LI-MAN, Captain of Infantry. Commanding Company IL 4th In fantry, O. N. O. I--t. The New fctjl Itot Joe Cohn. the Fpokane magnate, has brought some curved bats from Chi cago with which the batter Is supposed to hit the ball with the Inside of the curve. rVme of the White Box used the bat last year. It Is the Invention of a Chicaa-o man. When a plsyer wants to worry a pitcher, he will probably turn hn curved bat the other way and hit fouls for ten mlnutea. Ice cream at Oeorg Coad'a. Hughes & Bird Land Company 329 Acres 100 acres cleared, price $30 per acre 240 Acres 100 acres cultivated, " $35 " 146 Acres 60 acres cultivated, " $40 ' " Nice city property for sale. List your farm with us. Homeseekers are arriving every day and we want to show them the place you have for sale. HUGHES & BIRD LAND GOflPANY BROOMS are high, but we want to say that we can sell you many things in the Hardware line at better prices than ever before. We watch the market and buy in quantities large enough to de mand a low price and we get it. The result la that which you have ex perienced "That We Sell The Same Grade of Hardware at a less price than others do." " , If you have never traded with us, we would suggest for our mu tual benefit that you give us a chance on the next bill you Intend buy ing. Special See our new arrival of 750 pieces of fancy glassware on the 10 and 16 cent counter. Guy Brothers Hardware and Plumbing ELECTRICITY FOR LIGHTING Is only expensive to people who are wasteful and careless. To you who are naturally rarcfull, It does not come high. It Is economical because It can bo quickly turned off when not needed. With gas or kerosene there Is the temptation to let light burn when not needed to save bother of lighting and adjusting. In some homes the electric light bills amount to only one or two dollars per month. You can probably get some kind of artificial light for less money than elec tric light, but does it save you anything when it limits opportunities for work and recreation ruins your eyesight smokes your walls mars decorations and Increases household work. You could probably save a dollar tomorrow by going without your meals but It wouldn't be eceon omy. It Is not so much what you save, but how you save that counts. WILLAMETTE VALLEY CO. RATES Residence on meters, per Kilowatt 16c; Residence, flat per month, 18cp 60c. RATES FOR BUSI NESS HOUSES 25o per drop and 6c per Kilowatt up to 10 drops; over 17c per drop and 6c per Kilowatt A drop figures 16cp or less. For power rates apply at the office. We ar always ready to explain the "ins and outs" of the lighting proposition" to you, call on us or phone to us, we are never to busy to talk business. Willamette Valley Company E. W. K EARNS, Manager for Hallos. Office on Mill street. Just north of the Court House. Phones Bell 421, Mutual 1297. Just Received a Full Line of Heating Stoves Prices from $1.50 to $16 FALLS CITY HARDWARE CO. FALLS CITY, OREGON DALLAS' POPULAR GROCERY We carry the famous DIAMOND "W" brand of Extracts, Spices, Coffee, Tea and Canned goods. Fresh bread daily. The very best of fruits and vegetables can always be found at our store. Simonton & Scott Dallas, Oregon