Image provided by: University of Oregon Libraries; Eugene, OR
About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Oct. 25, 1911)
i ..... I ' ' ' It if! 11 1! YOLUME X LA '.GRANDE, UNION COUNTY, OREGON, 'WEDNESDAY, OCTOBER 23, 1911. NUMBER 311 10 piueai lose EEIMBURSEMENT OF OFFICIALS IS HELD CONSTITUTIONAL MOYEMENT LED BY GEORGE MILLER IS DEFEATED TODAY County Treasurer and Sheriff Will Be ii cj duns Eelmbursed From Conuty Court ferjuken the m cannot be , mm tosses Sustained In tbe Failure of tbs 8upreme court flnall e8 on La Grande Bank Injunction Is Per-1 tne auestion. nianently Dissolved by the Circuit1 ' ' .'' '"" ' ' .- .' '' !,; '" Judge. ( ; . ;, . ' . i j Efforts to perpetually enjoin tha county court of Union county from paying to- County Treasurer John Frawley and County Sheriff F. P. Chil ders," the sums of J9.515.84 and $2, 160.26, respectively, as ordered by a measure adopted by the last legisla ture, were put to an end today when Circuit Judge Knowles dissolved the temporary Injunction granted by. him to stay the payment of ;he money j eome time ago. The decision is the' outgrowth of an action brought by George Milter, of Cove, representing the Taxpayers' league. At the time the county court was about to carry out the requirements of the legislative act, ordering the two men reimbursed for losses sustained In the failure of , the Farmers & Traders' National bank, Mr Miller secured a temporary re straining order staying the Issuance of warrants for the same. The pro ceeding was finally argued, making a warm legal srat-to- In the circuit court and a decision on this argument was banded down late this afternoon. For the benefit of the public at large, the Observer , will publish "verbatim the opinion of the court In this case. The opinion was filed too late this after noon to permit Its publication In full today. . ' ' ' At, the time the bank failed, carry ing down with It large Bums of coun ty moneys, the county treasurer and sheriff were held for all sums kept by them as deposit there. .' The -, treasurer paid back the sum, by aid of his bondsmen, at once, and , , - ... ... .... .. . .'seriously wounded' Miss Bella Que- recently the balance due the county , , 's . . . . A , .i sada In her home here. He was em- from the sheriff, was taken care or. ... .. . . ,omt1v . . . , . .. , , , . ployed by the rich Quesada family. At the last session of the legislature, V ' ' , .',- the two men were ordered reimbursed ; from the county coffers, from mdney ; raised by taxation, It being set out in the act that their loss was not due - to any overt act of the officials. X Claimed FnconstlttuIonaL ' George Miller, of Cove, representing : the Taxpayers' league, attacked the 'act of tbe legislature, claiming) It to ', be unconstitutional. At the time the arguments were made, the Btate In : slated that precedent In other states NT CUIISjffl CHAIRMAN OF CONTEST BOARD INSTALLED KILLED, Beferee Walker Hart Tonr Postpon edas a Result of the Mishap. Tlfton, Ga., Oct 25.-3. N. Butler, chairman of the contest fcoard of the American Automobile association was instantly Itilled today when a Cun ningham car, pacemaker for the. Glld- den tour cars, turned turtle. B. w. Walker, referee, and Mrs. Walker vara inWoA Tha tnn in nostnoUed as a result. ', Walkr Lives on Coast " , ' Can Voanifntl uau , v i auviovvi w Walker wbn was : inlured at Tlfton.l Is a contractor here and Is president or the California State Automobile as- sociation and the Pacific-' coast repre- tentative of the auto associations. OUR allowed such prcedure when It was shown that It. was not through any careless act or misdemeanor on the part of the officials that caused the loss pt the public money. , , The decision Is an Important one, and unless contrary action Is takea In higher courts, the rounty court will be allowed to reimburse County Treas urer John Frawley the sum of $9,515.84 and the sheriff $2,160.26. .These two sums represent the actual loss to them the dividends paid by the defunct bank being deducted from the total loss, leaving the sums stated. It Is stated on good authority that an appeal will be taken. In such an event the Issue cannot he brought to a head again until the March term of tflA ail n ppma mnrf Tf Annaai ta MORE "LIES" DISCLOSED. Brokbn Sextant Only Evidence In the Case Cook Claimed Had Proof, Copenhagen, Oct. 25. M. Frouchen, the explorer, has brought back from Greenland the case which Dr. Cook claimed contained Instruments and ob servation which would prove he really had reached the north pole. The ex plorer purchased the case from Cook's Eskimo Itukusut. It contained only a broken sextant. ; -Oregon Nearing Gold Gate, Vallejo, Oct. 25. A wireless mes sage today from this battleship Oregon Indicate the famous vessel will enter the Golden Gate Thursday. She Is oft the Oregon coast today. j -1 MS EMPLOYER FRIEND OF EMPLOYER IS KILLED . INSTANTLY. : ' Groom to Wealthy California Girl Is J Seriously Hurt Also. ' San Jose, Cal, Oct. 25. Enraged be cause he was reproved' for taking her thoroughbred horse. Manuel Garcia, a stableman today shot and killed Simon PAmarn a Vnntprpv Tnilllnnillrft and and returned early today and found Romero and the young woman drlnk ingi chocolate. She reproved him and without a word he killed Romero and shot her and fled. -Garcia was captured shortly before noon after a desperate fight In which he was mortally wounded. He died in Jail later. Sheriff Langford and three deputies met mm on lap roaa ana in an exchange of shots, Garcia fell. , . Garcia was riding a horse which be had stolen. When he saw the officers be fired six snots before' the plunging horse caused him to stop. . Simultane- ousiy' the officers began. flrJln, killed the ; horse,' and shot the man In the head. He waa lifted In an automobile and hurried to the county Jail. ' . ,.f ; lvt ' :; FANCY APPLES SHOWN. Local People Given Opportunity to Get Fancy Brands for Home Use. ' Complaints haw been beard .from year to year, that all the fancy froit especially apples, baa been shipped out The culls left for local nse. At the' recent fair many people ex pressed a desire to obtain a winter's supply of 'first class apples, and to meet this demand the Thronson Truit company have reserved enough fancy ! fruit to supply local demand, but or- j ai i, i- wwn 1st aRa sam- i ders must be In by Not. 1st. , eSe Bni f pie boxes and leaves orders with J. , G. Snodgrass, E. Polack or the Golden w - , , Tho People store has the finest box , of Rome Beauty apples ever exhibited in La Grande Jn their window and we especially recommend this rarlety for ' all purposes. IBIS SLAY Hi CHIEF REBELS WILL FOLLOW CRIME BY ATTACK ON CANTON RECENTLY APPOINTED GOV ERNOR TORN' TO PIECES Wife and Several Others Fall Before Assassin's Bomb In Canton Today Death Instantaneous as the General : ; Stiis From Steamboat, Surrounded . by Guards Bomb Dropped From Housetop. ' i y v,'.... Shanghai, ; Oct. 25. General Fen Shang, commander of the Canton gar rls, was reported killed by a bomb explosion today. Revolutions are said to have plotted his death preparatory to attacking Canton. Fen Shang was an able strategist ' ' , ' v Death Is Admitted. The general's death was confirmed later. Several dfhls escort were kil led when the bomb, dropped from a housetop, exploded. It Is believed an outbreak In Canton will follow. , , Fen Shang was the newly apoplnted governor of Canton. Details say that with his wife, who was also killed, he was leaving the steamboat, escorted by thirty guards when the bomb was dropped. frnn Hankow say .the reb els am preparing to establish a pro visional republic headquarters at Kiu kang. ' . . , . ;', HURRYING HYDE TRIAL. J Night Scslons to Be Held That No De. lay Shall Result In Case. Kansas - City, Oct. 25. Night ses sions are probable In the second trial of Dr. C- B. Hyde,, the alleged Swope murderer. ' ; . , v ; Examination of talesmen la pro ceeding very slowly and the court I wants to burry matters. Only forty i itn AvoTrtlnOfl vpntromlon rAmAlnori tin the second panel when court convened today. : ;' .... Three Jurors have been selected, but two will probably be preemptorily challenged. . . Groom 65, Bride 28. Yonkers,'. N. Y.,' Oct. 25. The wed ding of Miss Elizabetb P. Getty, great granddaughter of the founder of Yon kers, and Carl Fischer, the well known music publisher , of New York City, took t'lace today at tbe home of the bride's parents In this city. Mr. FIsch. er Is 65 and his bride 28 years of age. Los Angeles, Oct 25. That a Juror will not b qualified to try McNamara merely 'because he Is willing to lay aside an opinion was made plain by Judge Bordwell today. Tbs court said he personally would consider qualifi cations of a Juror and when be doubt ed the Juror's, ability to -divest himself i of opinions, would excuse him. .. I Just before the recess the defense challenged Albert Dunlap, a farmer, who admitted he believed McNamara was guilty.; ; ;- '. Los Angeles, Oct 24. When court opened today Attorney Darrow secur ed permission to renew the Interro gation of F.t J. Mullln to whom he In terposed a challenge yesterday. He asked him if he bad not. talked to Fred Hammerer and said If he was on the Jury he would hang McNamara. Mullln said he said be would do bis duty. Darrow then secured a ub JUDGE WILL QUIZ VENIRtWlEfJ pTOUffltfll OF MINDS STRIKE IMS HEARD 1 COURT LOCAL MACHINIST IS HELD FOR THROW INGROCK COMPANY PAYS DEPUTIES ADMITS ONE OF WITNESSES Trial Comes to Focus In Police Court This Afternoon One Deputy Dont Know Where His Pay Comeg From Otker Admits, Unfer Presnre, That Company Pays Stories Are Related , to the Court. Tbe deputy sheriffs sworn in by Sheriff Chllders and deputized by tolni to protect O.-W. property during the Btrlke do not know from whence their pay comes or ee admit that the O.-W. is issuing their pay checks developed this afternoon during the progress of a trial In police court f ore Police Judge Humphreys when George A. Rickett, a striking machinist of this city, was placed on trial for disturbing the peace. The specific charge is that he and others threws rocks at Night Foreman Burleigh of the local O.-W. shops on (he night of last Saturday and that Burleigh -was bit by someone on the Jaw bruising the skin,. ' The court room was filled with strikers and witnesses when the first witnesses -re called tor the city. Dep uty Sheriff Jack Fandyk was the most Important and also the first called, aside from Mr. Burleigh. Fandyk told of laving seen 'Mr. Burleigh start from his home near the shops, and said a group of strikers saw blm com ing, immediately crying out "Let us get him." They followed, and Fandyk from a perch on the stockade fence saw several pick up rocks and throw them In the direction of Burleigh, but would not admit that any struck Bur leigh, nor could he tell how close they came to him. . , , V During the cross examination by J, S. Hodgin, council for , the defense, Fandyk admitted be was a deputy sheriff but said he did not know where his pay came from. Next Witness Knows Little Fandyk 'was finally excused, after falling to show, that Burleigh had been hit by a stone thrown rby the strikers. He also admitted that his orders were strictly given authorizing his Jurisdiction within the stockade albne. " ;.. : Deputy Sheriff Watklns was called He had seen but little, aside from knowing that the crowd followed Bur leigh on tbe way to the shops and heard them Bay, "Let us get t!m.' On cross examination le stopped poena for Hammerer and resumed In terrogation of A. C. ' Winter who last night stated he had a strong opinion. Winters was finally challenged for cause. - The court reserved ' its dec! slon and later eliminated Mullln for cause. . ' ' ' When the state resisted the Winter (Challenge, Judge Bordwell personally took up the examination. Finality Lecompte Davis for the defense pro tested,1 saying, "With the utmost re spect to this court, we are compelled to believe that the questions are framed; unconsciously, no doub, to qualify this Juror." s ' Davis explained the questions as such that Winters had no alternative but to answer that be would show fairness when be was biased. Finally the lawyers' wrangle which followed was ended by Judge Bordwell who said he wanted merely to get at Wln- - ters' state of mind. proceedings momentarily 'by refusing to answer from whence he got his pay. The court required him to reply and he said, "The company."'-. Watklns could not swear the man who threw the rock was In the court room. Night Foreman Burleigh testified he was hit but didn't know Just how. Dep uty Sheriff Knear told a story similar to that of the others but. like them. could not swear au$ rocks Burleigh. ha,d hIt Chief of Police WaUten gave- pf functory eviderjee showing the disr.Mel occurred In city limits. , With him the city rested its case, and the d-: fen commenced by recalling Burleigh, iorj a short time and then placed F ward Evant on the stand. He was alod to explain what took place at the round house after admitting! he was one of the crowd. The men' had been taking pictures wbm they saw Burleigh go to the shoos but a wora he . saw - no atones tnr6wn and heard 'only "f the words "scab" applied to Burleigh. On cross examination ' by City Attorney Cochran he did but little good either way, ; . .'-''"'.. Rlcket was arrested during the fore noon and was released on his own rec ognizance. Judge Humphrey set the trial for 2:30 this afternoon and the first actual trial growing out of. petty quabbles and numerous arrests, was commenced shortly after '.hat hour. Thla is another of the several inci dents growing out of the strike. Oth era have either been thrown out of curt or ended with the defendants pleading guilty. . ,' '- ' : V: CYANIDE VIAL NOT FOUND ON AVIS' BODY IN GBAYE. A Second Autopsy Ordered but the Ground Not Made Known Yet. Boston, Oct. 25. Failure to provide either the vial or the paper contain ing cyanide In the bath, robe of Avis Llnnell, who was exhumed yesterday, caused the police to insist on a second autopsy, which was done today. It is unkown what the second autopsy Is expected to develop. All Internal or gans have been removed and sent to Harvard laboratory for analysis. How the girl got the poison, if she did, Is a weak link in evidence against Rev. Rleheson, and they are advanc ing the gelatine capsule theory. The casket was opened at midnight to prevent the defense getting an In junction which they meant to apply for today.. Body Carefully Examined. ; District Attorney Pollster has en gaged f 'ur medical experts to assist Examiner Leary at the second autop sy. : The bbq afterward will be re- sealed and returned to Hyannls for re-Interment . MANY. EMPLOYES COMING. I l .j... : ... - . .. v-.y Southern Pacific Claims to Have ' Many Machinists Coming. Sacramento, Cal.,. Oct. 25 Southern Pacific officials allege they have made arrangements to place & full working force In the boiler and machine shops here next Monday when th first car load of strikebreakers ' from Kansas City and Omaha is expected to arrive. The company refuses to talk. One of be car shops la filled up as a din ing room to accommodate 500 men. At present the strikebreakers are em ployed and fed there. . Postmasters Meet In Washington. Washington, Oct. , 25. A large at tendance marked the opening here to day of the annual meeting! of the Na- I tlonal association of Second and Third Class Postmasters. The convention will last three days and will be ad dressed by a, number of prominent of ficials of the postofllce department lilOEll'S BODY GUT TO PIECES 1EMI1G FATAL 10 HIGH : '.':'"".-. OYLE RAPS OUT THE :nninq hit in THE 10TH CANTO LDU1NG SCORES THREE WITH OVER-TIIE-FENCE CLOUT. Philadelphia Loses to New York in ITenth Inning of Dttanlgg.h -.N Tenth Innlug of aBttimr FrucaV Many Pitchers Used by New York Coombs lU'moTfd but Plank Is . Touched! for the Deciding Score, of -"' Kara name. -..w-.v-"... SCORE BY, INNINGS., -v R.H.E. ,.. 0-0 0 0 0 0 1 0 2 14 8 t Glans. ,: Athletics .0 0300000 0 03 1 1 BATTERIES. New York -Marquard, Ames, Craa dall and Me-rs. Philadelphia Coombs, Plank and Lapift .'"'. ;; . "'. . - Polo Grounds, New York, Oct 25. Fighting to the last minute, New York today plucked victory from defeat la the ninth when the, score was threa , to one, by getting two men over th plate. In the last halt of the teuta they scored another, winning th game. '; -; , . ' Doyle was the Giants' batting sen satloui He was the first man up In tho tenth, he doubled, and then Snodgrasa bunted Doyle to third. Murray fiied and the Merkle filed to Murphy and Doyle raced over. ; i Five pitchers were used. Marquard lasted three innings, and then Ames held on until the seventh when Gran dall went In for the Giants. The Ath letics did not score after the third in ning. . ' ':': ': ',''.''' ;' , Coombs was pulled out In the ninth when Fletcher, Crandall and Devoro hit and the latter two scored. Then Plank went In and was solved by Doyle. ' '. Philadelphia has now won three and New York two gamea.The game to morrow will be played at Shlbe park, Philadelphia. ",' .. . : : Oldrlng Raps Homer. In the third Philadelphia started It Barry was out; Lapp and Coomb were on first and second when Oldrinj hit a homer, scoring three. . Anti-Horse Thief Convention. Tulsa,. Okla., Oct 25. The annual convention of the Anti-Horse Thief as sociation of Oklahoma "was ' opened here today with a mounted parada In which several hundred members from all over the state took part. The con vention will continue over tomorrow.. MAI&HALL BOY, AGED 13, BUNS AWAY FROM HOME. SCOLDED ll; LBS III Police Unable to Locate Lhtle Fellow .'.,.. Act Followed Scolding. Smarting under a reprimand given" him by his mother, Mrs. Marshall, a lo cal lodging house manager, a boy 13 years of age has left home and ll mysteriously missing. Police search . along the main line of the O.-W. In both directions falls to disclose his whereabouts and the distracted moth er and the police officials are forced to believe that he has fallen in with, a boy known as "Tex" with whom he chummed a good deal and who has a horse, and with the animal as a means of transportation are making for th (Continued on Page Eight)