Vol. XVIII.-No. 1. CORVALIJS, OREGON. APRIL 22. 1905. . B. F. IKVlTTie RUtoIt - ana Proprietor .. We all Wear Shoes! Never befoie have , we received sh -quantities and qualities in foot wear as this, ;i v. " SPRING Tans, Browns and Black ' -. - Low High and Medium cuts . Prices High, -Medium and L,ow V But in all grades the very lowest" price for the quality of the shoe. Our efforts -will be great to increase our, shoe sales: : ; - Shoes for all Ladies, Misses, Children, . . v Mens, Boys and Little Gents. - Don't -, forget our Shoe Department. : - - .. PLEA FULLY ABGUED COURT WILL ANNOUNCE ITS DECISION ON ABATEMENT - PLEA NEXT MONDAY. ? 7-rviz&i-jKrs n& 7 8 1 -ujLjaftSiSa Fine Light Sample Rooms. 2s Hotel ' 8 H CorvaUfe' J. C. Bammel, Prop. Leading Hotel in Oorvallis. Recently opened, ' Newsz f " 1 1 T 1 'KT T r 1 J : " Al. 3 '' 1 DDCK nniiaing. iNewiy iurmsneu, wiia uiuutsm uuu- 5.; veniences. Furnace Heat, Electric Lights, Fire Es- capes. Hot and cold water on every4floor. Fine single j rooms. Elegant suites. Leading house in the Wilkin- fe ette Valley. ; " Rates: $1 .00, $1.25 and $2.00 per day. 8 M VIDITO For Bicycles, Ammun ition, Fishing Tackle, Sporting Goods, Etc. J K Berry Salesman The Right Prices. ? ' AU Fresh Goods. Two Doors South of the Post Office. Auction : . BRICK STABLE WEDNESDAY APRIL 26, 1905. Technicality of Djfeos&r-It Causes District Attgtfey Heney to Re- . mark Upon tha Gontention x - , t and Causes Bennett to -S. ' s Becbmfi Sarcaetlc. i ' Portland, April -l&.The-' second day of argumrtit ?in?-the ; Jditcbell abatement Sproteedus: Vlias been ended and the'queetioirijas gone to Judge Bellinger for- hia t decision, which wiu.be announced npod- the opening of court on .Monday 'next. At the opening of the morning session United - States Dietrlct " At torney Heney asked permission to introduces citations which -he had ovei looked the day before in sup port of his contention tkat the pleas in- abatement had been filed too late to be of effect." Tbe permission was Riven, and he cited the Cobban case, by Judge Deady, and the Agnews case in 165 United StateB to main tain his point.. Ha showed that by these decisions he stood on solid ground, as in the latter case it- had been held tbat a plea niei m six day& after tbe return of the indict ment-had been filed at too late a date and the plea should not be en tertained. Attorney Bennett in beginning his argument, like O day m tbe Tu ter-Watson case, preracetHn re marks by a quotation, 'find ' inter spersed them with sarcasm. ' Consistency thou ait a iewel," he stated at farst breath, rlne oth er day Mr. Heney obj?ctPd to the filing of these pleas in abatement on the grtaind that they had- bae words are hardly cold la Mb mouth he is objecting 'because we did not file them betore we were arraigned." The speaker then proceeded to ar gue his side of the plea of abate ment, and occupied the whole of! the lorenoon in discussing the ques tions at issue. He insisted that Mr. Heney had failed to produce the promised t-tatutes governing the procedure in federal courts in the matter of pleas in abatement, es pecially as regarded the offering of affidttvita, as was done the day pre vious by, the . government attorney in regard to tbe citizenship of Geo. Giustin and the prejudice of him self towards the defendants. Ben nett insisted that since a great part of the old settlers of the state had come from Missouri their descend- ents were bred of their disposition and would like to be shown, rather than to take the word of any one for a thing so serious in effect as the produetlon 01 nonproduction of the statutes desired. Senator Mitchell's attorney ar gued that the common law . and not the statutes of a state governed the selection of a jury, by federal courts, ine common Jaw recog nized the plea of abatement as the proper means of testing the legality of a grand jury and upon this fact the defense based in part its claim The defendant, argued Bennett, had the right to a trial by jury on the questions of fact as raised by the plea. The irregularity alleged in the creation of the grand lurv brought out questions of fact, and therefore-the defense claimed the right to try the case by jury, and not before the court alone. It was- also contended by the speaker that the court hsd ho right to allow reebles and Buffum to bs sworn on the jury after that body had been impanneled and that this act invalidated the action of the ju ry. : ' , In the afternoon H. S. Wilson resumed the argument for. the de: tense stating to the court tbat he was appearing for Marion R. Biggs, and Dr. Van Geener. Insomuch as there was a slight difference in the plea of abatement filed by 'him for his clients he wished to speak on the plea. His plea differed in that there was no allegation or bias or prejudice against the descendants on the part of the district attorney. . Wilson held it to be a fact well known that the state practice did nbt authorize a change, in the panel of a jury after that paiiel had been sworn,: except it Jse tar tbe serious sickness of, a member or for - seme pose ., it was bi3 opinion that if the law ajlowed such . a change to be made, the court ciold call men to serve on the, jury "after the excuse o certain members until the" jury could be influenced to bringany. in dictment desired by the prosecuting officers. . It was a rule of law that those' things which might be of bad effeet ' and dangerous should be" guarded against, It was also arguea by ...Wilson that niiless there was especial pow er cocierred upon .the-court to charge a iuror the court, must abide by the statutes and could not alter or change unless they authorized it so to do. Citation ' was shown in a case where what was reecgoized to be a good jqry in regard to the individ ual qualifications of the jurors was invalidated for tbe reason that men had been added to the. panel subse quent to the. time the irEt ' jurors MAY Ml WITH FRAME JAPAN PROTESTS -7 AGAINST - VIOLATION OF HER NEU-" TRALITY BY". RUSSIA.'- " Russian Fleet ; Must Either Leave Kamranh Bay ,-. Fight, the i' . Battle in Harbor War ; ' . -. With Frajace Means -British v Aid to - i " Japan.- s - - . ' Tokio. Anril if). rJanan is - nnn templating declaring war on France squad of police and calling on: Great n Britain i for wild Jnimals, Bud rons a stores in Greenwich - etrest. The huge on-' rang-outang which stands four feet six inches in height and weighs 110. pounds, is one ofa consignment re- , centlyreceivefl f?oal India. Keia forcements in the shape ;of three' men at the end'9 of a fierce etrugg e saved the girl from being 'injured, aside from scratches on her hands. The ape acted mostly on' the de-. fensive while seeking freedom, as long as the girl was his only adver- sary, but when : the - men appeared he turned savagely upon them .- and hit one eo Tjadly- that bis hand may have to be amputated BafQre the ape surrendered he was badly beat' en with clubs,, and was carried I back to bis cage in a condition sug 'ire?tins an. arcument with p.n Bntire support. ' This action follows the sending -Jof a formal protest to were sworn. : The attorneys beldMfl against the useby the Rue therefore, tbat the recent igrand ju-Tslaffffaltic fleet of Kamranh Bay ry was juegai ana us acis voia ior the reason that" Peebler and Buffum bad been sworn after the body had been impaneled. Whson further f argued that .it was contrary to the notions of jus tice prevailing for a man to be sent into the state from another district and here hold a quasi-judicial position.- ' . " Heney followed WilEoa -with - his answer to the arguments of both Bennttt and Wilson: - ; "It seems to me," concluded He ney turning to Bennett and - speak ing in the direction" where sat the silent figure of Senator Mitchell, "It seems to me that instead 1 of wishing an earl j , trial and an . im mediate one, as has been claimed by some of the ' defendants here, there is a great desire to try oat qeestions of technicality rather than either guilt or innocence of : tbe charges brought under the indict ments -" . ' 'Hssey m, closing his argument Relied ogAn illustration the case of "It is required iq the statutes,; he said, "tbat the governor shall re side at the capital. There is no al legation made that bis official acts are invalidated because his family remains in Portland or because Gov ernor Chamberlain makes an occa sional trip to Portland to visit them. "We are willing to try : the case of Giustin," continued Heney,"but we want to try it before the court. It Is absurd to think of trying such a case before a jory. Such action will be unjustifiable." Bennett was allowed through the courtesy of the court to answer He ney on some points. "The manner in which the jury was impaneled was one ot . tbe most serious' things in the case," continued Bennett. "The first two men were excused and others were put in their places contrary to the statutes. Then another man. was added which shows the body to have been a smiting and variable one. It seems, therefore, that if we are entitled to trial on the validity of jurors the delay should be taken. as a rendezvous and the coupling therewith of a statement that if France refrained from acting Japan i will send a neet of war : vessels . to attack the Russians in the, shelter of a neutral port. ', -: A conference of Elders was held last night at which the entire situ ation was discussed. : Immediately afterward the Mikado" was : notified that the elders ' believed '' that the time had come when France should be forced to live up to her, declara tions of neutrality, and the note of protest Was drafted and forwarded. It is felt here- that the situation is extremely grave, and there is no doubt that if Franca does not act quickly the consequence will be far reaching. . . - A dispatch from - gazebo states that a Japanese squadron is getting in readiness there to Bail for Kam ranh Bay and attack the Russians there, while Admiral Togo contin ues to bold the passage toward the Pacific. ' . , , 2i Is reported witp ine- Russians, waicmng ior vi- olaiions ot neutrality or the endang ering of British and American ship ping. : The belief is growing here tbat the stay of the Russian fleet in Kamranh Bay is prearranged. that :u American tjaoi. -Salem, Or., April 18. Governor Chamberlain sides with the minor ity of the United States supreme court in the decision upon the ten- hour labor law, and thinks tbat the law should not have been held un constitutional. After reading the synopsis of the opinion of the court and tbe dissenting opinion written by Justice Holmes, Governor Cham Ctrl in said: :: "I do not think there is any es cape from the opinion of Judge Holmes. It haB always seemed to me that the regulation of the hours is a question which involved the health of the state and its several municipalities, and the question of the adoption of laws for , the regula tion of the hours of labor is one ov er which tbe legislature had entire power and authority. Itought to be assumed that the members elected to the legisla ture have a more intimate knowl edge upon questions involving the healtn ot tnose engaged in every vocation, an'd that, with such know! edge, they jare. in a position to act with more intelligence upon the subject, than are the court?, state of federal. ' To my mind, it seems clear tbat the question is one for the legislature, and not the courts. London April 19. The British public is now only beginning to re alize now much depends on Togo s skillful conduct of the approaching naval contest. Until Vice-Admiral Rojeetveneky actually arived in tbe Straits of Mallacca there was a dis position to ridicule the efforts of tbe Russian squadron, but now that there is s,een to be a growing likeli hood of Vice-Admiral Nebogatoff loining RoieetvenBky before the fa tal struggle opens, Interest is deep ening into anxiety. According to the Toklo corres pondent ot a news . agency, a mo mentous war conference lasting five hours was held there Wednesday, attended by the elder statesmen, the premier and ministers. It is not difficult to conjecture the nature of the deliberations. Tokio correspondents state that Japan has addressed a protest to France on the Russian Pacific squadron's presence ia Mamranh j Bay, but France has not yet repli ed. The Telegraph's correspond ent at Tokio declares tbat a Japan ese fleet is ready to sail for Kam ranh Bay. The Telegraph's Hongkong cor respondent states that two steamers which passed close to Kamranh Bay on Sunday report that no Rus sian vessels were then, visible. No news, . however, has yet reached London to show tbat the Russians have vlef t Kamranh Bay, andit is as sumed that they are still there. The Post, commenting on the sit uation, contends that it is a matter of importance, considering Great Britain's worldwide naval interests, to esdeavor to secure a more defi nite agreement on the question of the use of neutral waters by bellig erents. ' i o'.fcpr reason tasauainvmg " mm ior service.: Tee coutt to fha- r' tie r,i Lad for no power anv nur- - " Broke into His Jlouse. - S. LeQuinn of Cavendish, ; Vt;, wa robbed of his customary health by-, inva' sioij of chrotiic constipation. When Dr. Kings New Life Pills broke into his house,Jiis trouble was arrested and now he's entirelv cured1. . They're guaranteed to cure. 25c at Allen & Woodward' drug Store, -x ' : ; :i St. PeterB burg, : April 18. Per haps the most romantic feature is the fact that Mile. Leontieff convert ed two nieceBLof Oovernor-General 1 Trepoff, Mile, Trepoff "and TMnceBtt v Uemsheff, to the doctrine of assas- r. sination, and that after the arrest of; her Mentor,' Mile. Trepoff actually attempted, the life of her uncln, firing two shots at ; him, both of -which missed.', Thereupon , the two girls became pania stricken and at tempted - suicide : Mile. Trepoff, -throwing herself under a train- and Princess Danisbeff shooting herself. , Neither cf them succeeded in .kill ing herself. ;,The family has since " ' tried to make it appear - that the girls' acts were the result of a mu tual pact for self-destruction, both being in love with the same man, ao officer of the guards. , About 1 00 male and female stu dents of the Conservatory of Music who have bees connected with the: agitation in favor of Rimsky Kor- sakoff, who waB removed "from his professorship in - the conservatory because of his attitude toward the ; striking students, have been arrest-v- ed and sentenced to a month's .um-, rrisonmsnt. . '"- ' i" THE SITUATION Bentoa ' Farmer Gives His Views on Pending Public Matters. As our much esteemed local has but little to say of the political as pect of our glorious commonwealth, it is thought tbat a brief suggestion as an item may not be amiss at this season, when nature appears in so gratifying an aspect. I would refer to the Initiative and Referendum. Who would have thought Oregon, "my Oregon," would have risen to the lofty height of granting this boon to her people. Let us try it when occasion seems to require it. Let the people speak and r be satis fied with their own verdict. Rep resentative government is good, but should never be used to defeat the wishe3 of the majority of the peo ple. ' I would call attention to Chicago next, as sn example of what a city ought to do. Also to the prosecution of tbe trusts too long neglected, Yours for true Jef- -fereonian democracy. G. R. Hall. . Saves Two From Death. - "Our little daughter had an Jfcjiost fa tal attack of whooping cough and bron chitis," writes Mrs.. K.. W. Hayiland, of Armonk, N. Y., "but,, when all other remedies failed, we saved her life with Dr. King's New Discovery. Our niece, who had consumption ; in an advanced stage, also used this wonderful medicine and today she ia perfectly well." Des perate throat and lung diseases yield to Dr. King's New Discovery as to no other medicine on earth. Infallible for coughs and colds. 50c and 51.00 bottles guar anteed by Allen & Woodward. Trial bottles free. Moscow, April ,19. Kalieff, the assassin ot Grand Duke bergius, was tried here today. He was con demned to death. The public was not admitted to the trial. The prisoner refused to plead, declaring he was not in the position' of a criminal before judges, but was a prisoner taken iu a civil war. ... ' v.: .:---'.;-i'. '.-"- '. ' -: -' - Blocks for piers at Whitney's, "Short" on Peruna but "Long" on prunes. Italian prunes, 50-pound boxes, $1.50. F. L. Miller. Are you going to build? about concrete blocks, rock or brick. , - -' See Whitney . e than -'' - For Sale. .. Cigar clippings of onr own mannfact nre, ' Rose & Son. m25 tf y New York, ' April 18. Eighteen year old Lillian Bartlss, ' for an hour and a half lssi night fought; a giant oorang-outangf which had es caped from its ca?e. Her father. S William Bartles, is an importer ot Notice to Contractors. Notice is hereby given that sealed bids will be received by the Sewer Committee until the 8th day of May at 12 o'clock noon for the construction of a -sewer through blocks 31 and 32 Avery's Third addition to the city of Uorvallis accord, ing-t the plans and specifications noti on file in the office of police judge. A certified check on a responsible bank must Rcconipstny each bid."- -'"? P; Averv, Alex Rennie, Bnxon, - ' . Sewer Committee.