La Grande evening observer. (La Grande, Or.) 1904-1959, January 09, 1911, Image 1

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' Salem, Ore., Jan. 0 Jerry1 p. Rusk
of Joseph, who Is Joint representative
of Union and Wallowa counties, was
elected speaker of the. Oregon 'rionse
this afternoon by rote of 35 to 22.
Eaton anil Thomiisoii withdrew.
Salem, Jan. 9 Ben Selling of Tort
land was elected president of the sen
ate against Jay Bowerman by a Tote
of 17 to 8. Th ere were no other nom
lneeg and the Bowerman nomination
was .merely perfunctory. ,
" Salem, Ore.; Jan.' 9 The Oregon
legislature ' convened this "- forenoon
imd atfected a temporary organiza
tion with Buchanan of Douglas
county speaker of the house arid Par
rett of Washington county, as ..tem
porary president of the senate. Act
ing governor Bowerman has given up
.the fight for the presidency of the
senate. Ben Selling of Portland has
focr votes and expects to get four
Djiocrats on second ballot.
' " X Means Rusk no Doubt. r.
IQhe swinging of the Bowerman toward Ben Selling lets dowa
theC bars to Jerry , P. , Rusk and at
noon today it" was" conceded in the
i f J a 1 11 J. 1
wuiuuiB ui tun uuuse tuai lue iua-
' epman is assured the gavel job in
the lower house.
Since last night when Bowerman
practically aamiuea nm aereat, kusks
forces have been augmented in num
bers and today It is freely admitted
that he has the Multnomah delega
tion, the, key to the situation, for
with the Eastern Oregon contingent,
practically solid behind him. Rusk
Banks Fairly Groan .With Gold lVhea
Doors Opened This Morning.
New York, Jan.9 Money kings of
i . .
.Wall Street. today were prepared to
meet the closing of Carnegie Trust
Co. Great stacks of currency on the
desks were seen today when the banks
opened. Reassuring, statements were
Issued today by J. P. Morgan and un
der his direction the Equitable Trust
company Is preparing to take over
Madison Trust company while Mor
gan personally assumed the respon
sibility for obligations n the Nine
teenth and Twelveth ward branches.
He has ordered their securities re
placed by actual cash. Morgan & Co.
Kuhn, Loeb & Co., the Standard Oil
company and other big Institutions
will stand their ground until the flur
ry passes. Western and southern
banks affected by the closing will be
i cared for by; New York banks.
Ap Incipient run-was seated on he
Nineteenth ward bank today. Thloa
hundred persons gathered before tlw
opening and were ready to draw thiJi
noney. As they lined up trucks birr
ing money drew up and the depositors
, were paid as rapidly as theyreache1
the paying teller. Bradley Martin, Jr.
president of the bank said the run
was of no consequence and that he
' would pay off as rapidly as the depos
itors asked for it. ,
has little danger before him J; now.
Bowerman's defeat brings a western
Oregon, man Into the presidency, pro
vided of course that Rusk is elected.
Regardless of Inlatlve Measures, New
. Reform Movements Are Ripe.
Salem, Ore., Jan. 9 Although Ore
gon through the Initiative at the Nov
ember election enacted some most im
portant reform legislation the twenty
Bixth session of the legislature which
convened here today, will also Bee the
Introduction of many sweeping meas
ures from present indications. The
chief doubt now is whether the legis
lature will prove as radical as did the
voters In November. ,
In November the voters adopted
a stringent employers liability law, a
three fourts Jury law for civil cases,
a presidential ..reference measure and
started after "the single tax system
through an Introductory measure. ;
. The legislature will pass upon phy
sical valuation' of railroads propor
tional representation, a state corpora
tion commission, with powers to re
lieve abuses even in city public service
corporation. ; ' a sweeping highways
measure, that Intended to make Ore
gon the good roads state of the na
tion in. ten years, and a, number of
other measures of state Importance, if
not of national Interest Tluse are' to
occupy most of the session at Salem
this year and while much of this leg
islation may not pass it Is believed
that no corporation measures or laws
weakening any of tht initiative sys
tem already in force or effect, will he
Rain Does Much Damape in San Fran.
";:. else MeSlT v
San ' Francisco, Jan. 9 Rain today
not only put a stop to the aviation
meet here but entailed a serious loss
to aviators through damage by mois
ture to the machines. More than a
dos:en aeroplanes were exposed f6r
hours in a leaky open-ended hang
ars. They suffered at loosened Joints
used. The wings were most badly af
fected.'' '' i " '. ' . ., -'.,"'v
Glenn durtlss' standard machine is
ruined and Brookings and Parmal
tees are damaged. ' . '
Sixteen Battleships Intercepted an J
f, Play War is Ended
Washington, Jan. '9 In a 7-days
game of hid and seek, seven cruisers,
constituting the "defenders" scored a
victory , today ovr 16 battleships of
the attacking fleet in the navy game.
A wireless from Rear Admiral Stan
tlon, commanding the defenders, to the
navy department today said the bat
tleships were Intercepted enroute . to
Guatnanamo. This is equivalent to a
capture, so the Atlantic seaboard is
saved from an attack npw.
Two Valuable Animals Dead and
Others Badly Hurt In Fence.
Two horses owned by Fred Gas-
kell and sired by "AI Kinney" and
considered to be. one of the choke
pieces of horse flesh In ttfe valley,
were killed this afternoon and three
others were, badly , cut up when the
herd mixed with a wire fence. Dr.
Charlton waa called to tho scene, but
the two animals were dead before he
reached them. The others may sur
vive. ' . . -- '
PSjged ?
. Contests and Eliminates . Specula-tors-ColIusIon
Impossllbe New
System for Serving Contest So.
tices Other Important Clianges of
Important changes In the- rules of
practice In, the United States land of
fices, efectlve" Feb. 71911, have been
made, according to advices received
at the local land office. The new code
has been prepared with a view of re
ducing the work commenced with the
handling of contests In the .local of
fices and reducing the costa to per
sons desiring to contest abandoned
entries In order to secure the land for
the purpose of establishing a . home
v -"on. By means of an oath, a more
effective manner of reaching those
riling collusive contests Is ' provided.
The professional locator who often
files many contests In order to sell
his preference right to enter the lands
iei he has successfully contested
the entries is entirely eliminated. A
brief .etatemeht of the . Important
changes ia the rules has been prepar
ed by Receiver, C. R. Eberhard, of the
local office. It follows:
' Contests Mast be Qualified.
The'iflrst important change is that
making it a prerequisite to the filing
of a; private contest that the person
instituting the proceeding be quali
fied to enter the land and this fact he
must set forth, in his affidavit of ton
test, together with a statement , of the
character of filing he Intends to place
oh the land, if successful A contest
ant must also swear that the proceed
ing he asks to Institute is not collus
ive. Otherwise, ; the requirements at
th time of filing the affidavit of con
test are practically the same as at
present. Equally important Is the
change in the form of the notice or
Summons Issued to the defendant.
Heretofore this notice informed the
defendant that at a certain time and
place a hearing for the purpose of
taking testimony in the- contest
against his entry fwould be had. And
regardless of whether any appearance
wsb made by or on behalf of "the de
fendant, the testimony of at least two
witnesses was. required to be taken
for the consideration of the land of
fice; ' while under the new practice.
thf notice ; will state "that unless the
adverse party appears and answers
the allegations of said contest with
in thirty days after service of notice
tipon him, the allegations of said con
test will be taken as confessed.' Un
der present practice usually either of
ficers of a local office, alone Issue the
notice; under the new practice, both
are required to sign the notice.
. New Manner of Service,
"Heretofore it has been the usual
mode to serve the defendant with the
notice of contest by delivery of the
same to him In person, If he could be
found in the state In which the land
lies; otherwise, by-publication In a
newspaper. The new rules provide
that the notice may be 'either handed
to the defendant in . person by any
person over 18 years of age, "sent to
him by registered mall, or published
in a newspaper within the county in
which the land is located, and whPn
the latter method Is used copies pf
tne notice must also he Brnit the de
ferdant by, registered mall to the
pos'offlce nearest the land, the address
of record In the land office and at the
present address of the defendant, if
known. When service Is not made by
pubfication, a cop of the original affl-
I V:
i f
Joseph Solon Who Was Elected Spea.. kcr of the House Late This Atternoou
-y a snostaimaJ ttte. Me Is Join t Representative front' Union 'and
Wallowa Counties. This Is Ills Second Term of Oflice.
; Portland, Ore... Jan. 9Extendlng
from the northern line of California
to British Columbia, a gale is sweep
ing the Pacific coast today. It was the
worst last night and the weather con
ditions are now improved. All wires
In Northern . Wahington are dawn.
Shipping is at 'Standstills ;. , ,
' The gale blew 86 miles an hour last
night, moving eastward. A cold snap
S following and will probably last
several days. ' k
The gale began yesterday and was
accompanied by heavy rains along the
Would Xot Require Enormous Purse
' Either to Stage tho Go.
Chicago, ' Jan. . 9 Peeved at the
stories that Jim Jeffries was doped
before the Reno encounter, Johnson
today. offered to meet Jim in a return
battle. He said he wants to prove the
dope yarn is a fake. He said he would
demand a good purse but nothing un
reasonable. . '
iT v-
davit of contest must also accompany
the notice of contest, which in- this
respect is similar to the practice ; of
serving a copy of a complaint with
the summons In an action at law un
der the Oregon code. It is also pro
vided that contest proceeding shall
abate because of any defect in the
manner of service .where in any case
it is shown that a copy of the notice
actually came into the hands of the
defendant. In case the defendant
makes and files his sworn denial, of
the charges, it is provided "that the
register and receiver will forthwith
fix time and place, for taking testi
mony and notify all parties thereof
not less than 20 days In advance of
the hearing." 1
Trial Procedure Unchanged. .
There is no material change in the
procedure at the trials, except : the
power to summarily stop lrrevalent
examinations by attorneys il broad
ened and authority to exclude witness- j
es not testifying is expressly given '
local officers, though such power has
been exercised here for many years
when occasion arose. .
Costs Taxed Equitably.
. The most important change is In
the manner of taxing costs In all cases
except private contests where a pref
erence right is to be exercised. In the
latter event, the contestant will con
tinue to pay all costs, though it . will
be borne in mind that the new pro
cedure will in alt those cases where;
P. RUSK. ...
coast Vessels .were driven to shelter.
At Seattle signs were blown down and
windows broken by a 50 mile wind. At
Portland a 30 mile breeze drove a
blinding rain down the streeti and
cleared thenj of people quickly. It Is
expected that the center of .the storm
has worked eastward as the wind Is
shifting and so will diminish. A cold
wave Is working down from 'Alaska
and British Columbia; it is already
felt at Seattle today where a twelve
degree drop was registered this morn
ing. -
Large Number of Friends and Ac
qiialntauccs Pay Last Tribute.
' Cove, Jan. 9 (SpecialFuneral ser
vices of a simple nature were held
Sunday over the remains of Mrs. J. M
Selder, wife of County Commissioner
Selder. The body was shipped from
Portland where the demise occurred
Friday morning at Portland.
A large number of friends and Inti
mate acquaintances 'who have lived
Mith Mr. and Mrs. Selder during their
long sojourn at C&ve, attended the fun
eral services. ,
no appearance is made by the de
fendant eliminate any fees for taking
testimony .or necessity for the em
ployment of an attorney, except to
prepare his original 'papers. In all
other cases each party must pay the
cost of taking the direct examination
of his own witnesses and the cross
examination on his behalf of other
witnesses. The cost of noting motions.
objections, and exceptions must be
paid by the party on whose behalf
the same are made. In this respect in
particular will the burdens of extend
ed and in many eases uaelss cross
examinations be transferred from the
party offering the witness to the par
ty making the long examination.
Only in minor respects are the oth
er rules In force changed and those
would be of no particular pubic In
terest. -; - - .
New Steamer Afire. "
Seattle, Jan. 9 While the steamer
Flyer was making Its first trio to
day for Tacoma a fierce fire vas dis
covered in the forward hold. The pas
sengers were quieted and the steamer
rushed back to Seattle with an im
mense volume of smoke outpouring.
None were" injured and the flames
were subdued by a fireboat. ' . '
ivnieiitpi Liaws ntti e tnangred if r
Possible Manner of Electing Sen. i
ators to be Copied After Oregon
Method Suy Senators Home Rule'
Bill Also to Come Up for Final Ac. '
tlon for Second Class Town, ,
Olympla, Wash., Jan, 9 With
enough work already outlined to last
the session the.'Washlngton stat leg
islature convened here today , for its
biennial session.
Among one of the first questions
of importance to coine up before it
will be the consideration of several
proposed measures put forward with
the. view of limiting the power of the
courts to punish for constructive
contempt. The outcome of legislation
In this regard will be watched close
ly as a result of the sentiment which
grew out of the action of Judge Gil
liam who Sentenced two editors of the
Seattle Star to Jail because they crlt
icised his action In Issuing an Injunc
tion. Judge Gilliam held that the edi
tors were In contempt because they
published a criticism of the court
while the action was 'still pending.
The measure already proposed and
vhich will be put before the legisla
ture are aimed to curb the arbitrary
power of the courts to punish for cri
ticism made outside the courtrooms. J
,j Another matter of statewide Inter- v
est will be a proposal to restore the
romination of Justices of the Supreme
court to the direct vote of the peo
ple, This privilege was taken away
during, a special session of the leg
islature In 1A09.1 The sefpnd choice
.provision of the primary election law '
will also be subject for considerable
debate. Many legislators arg In favor
of enlarging the scope of all elective ''
of ires while others are announced
chnmplons of the movement for the
entire elimination of the provision.
Labor Interests will present sover-'
al matters for action. Among them
wl"l be a proposal for an eight hour '
law for working women and mdre ..
regulation of child labor within
state. The employers compensation
act. fixing a minimum and-maximi m
sum for personal injury, that can e
recovered as damages : In another
pi opoeltlon advanced in labor's cajsv
. As a result of the recent meeHoiy
o' tha mayors of .the cities and townn
of Washington, lield at Seattle, the
ii'fis.ators will be asked to give clt-
(Continued on Page Four.)
Eastern States Urged to be On the
" Lookout for Air Craft.
St. Louis, Jan. 9 The balloon St
Irfiuls No. 4 which sailed from here
yesterday is being hunted for by the
St. Louis aero club officials. A south
westerly wind Is blowing almost a
gale and it Is believed it carrlod the
balloon over Pennsylvania. All east
ern Btates have been asked to be on
the lookout. The balloon carried J.
Cowan Hulburt, pilot and Paul Mc
Cullough, aide. They had provisions
for Beven days.
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