THE OREGON DAILY. JOURNAli, : PORTLAND, SATURDAY; EVENING, JULY. 13, 1S07. 3! u 1! OUNCE City. Attorney Kavanaugh j Will Present One at Regu lar Meeting of the Council Xext - Wednesday Sher Xnan Act Used as Basis. OFFICERS OF THE OREGON NATIONAL GUARD ENCAMPED AT SEASIDE V ; CHy Attorney Kavannugh will present i n antl-truat ordinance to the council at Its regular mating on Wednesday 'v. next. Since the question was first raised the city attorney haa been making ; an Investigation of the city charter in ."' order to determine whether or not the " power la granted the oouncll to enaot ' such an ordinances la proposed and as a reault of the Investigation he has come to the opinion that the power la given and that the city haa ample The Sherman act, under which all the prosecutions against the federal trusts ' and combinations or capital nave oeen .. carried on. will be used aa the basis of " the ordinance now under course of com pilation by Mr. Kavanaugh. Since there Is no state statute providing a protec ' tlon against the Illegal combinations suppose! to exist In Portland the pro poaed ordinance will give the people of me Cliy a means 01 reams irum miw tlon. The first draft of the ordinance will In all probability be completed By Tuea day next. There seems- to be no doubt but that the council will favor the In strument aa more than half of the mem bers have already publicly signified their sympathy with the movement. GIGlflliiTED FEOER A L STATUTES Italian Landed in County Jail for Transgressing Im migration Laws. 7 ? , i, - v . . . ua a i ITALIAN MURDER TALE BELIEVED TO BE HOAX Nicodenio Claro, Self-Confessed Slayer of IIis Sisten Law. Still Incarcerated in'Pty.'Frisbn---K6Bcply.to ' Cabegram Sent to Italy Advices Awaited. :.. 1- .., ; - ' ', L ' ' When Uncle Sam does not want a foreigner to reside In the United States the foreigner usually learns about It, at can be testified to by Giovanni Gagllo, wtio was arrested at Tualatin yesterday afternoon by a warrant from Washing ton, D. C He was lodged in the county Jail last night to be held until a board of inquiry can determine bis right to be In the United States. Oaglio landed at Philadelphia about a year and a half ago, and got ashore without being examined by the lmml- rration officials. It is on this charge that the warrant on which be was ar rested yeaterdny waa Issued. In PbiLu delphla Gagllo served a year in the Cherry Hill peniteatlary for presenting fraudulent naturalisation papers In At tempting to be admitted to American cltlsenahip. v When he wm reieaaeo; rrom tne f nua- oolonel McDonall, staff and line officers, who are participating in maneivera and aham battles. Photo by Frank W. Woodf ield, , Aatoria. SHIPS LVITHOUT CHARTERS Three British Boats Lie Idle While Others Take Cargoes. A3IEBICAX BOATS . COME FROM FRISCO t Foreign Vwela Wait for Wheat Shipment At Same Time Other Vessels From Bay City WiU Load All Available Supply. 10 IS GIN DIKE Niece of Late Marshall Field Is Freed From Husband Who Abused Her. delphla penitentiary Gagllo thought the ornciaia were tnrougo wun nun, ana n came to Oregon. He went o Tualatin near Forest Grove, but learned soon that the bureau of Immigration had still further oueitiona to ask him. He will be given a hearing aa soon as a board of inquiry cn be convened. L LITTLE CHANCE OF EHDIHfi STRIKE Keidy and Sullivan Beported to Betit Outs With Presi r dent Sam J. Small. (Joaraal Special Servlee.l Oakland. July IS. Labor f Commit loner Neill and General Superintendent Jayties and Assistant ' Superintendent Miller, of the Western Union, went into conference at western union neaaquar ters here this afternoon. -.There Is ap parently little chance of a settlement of the strike. President Small of the telegraphers, haa little confidence In the negotiations coming to a happy end ing. Although It Is denied by Konenkamp 'the understanding at headquarters Is that the feeling In not the best between Committeemen Reldy and Sullivan; and President Small. It Is understood Ithat , the eastern men are not anxious for an .extension of the strike. .-. . , if .7- m Jg TELEGRAPHERS' CRISIS IS EXPECTED TONIGHT With three British boats lying In the harbor watting for grain charters, three American vesols sre on tbelr way here to load with grain and will prob- aUly take out the bulk of the remaining wheat In this port. The British ships Tola and Dalgonar and the British steamer Mnorl King are riding their anchors waiting for charters. The Dalgonar la still dis charging Its cargo and Is the only one upon which any activity is seen on deck. The Maori King, it is stated, la unsuited for lumber and In consequence will not be able to receive onarier ir a shipment of thia kind. This leaves ih thru Rrltlnh boats all in the same rtmmm an far aa ahlnments are concerned. At the same time three American boats are headed this way and when "they finish loading their cargoes of grain it la probable that most of the grain in tnis port wiu cm on uuru. in Henrlk Ibxen sailed in ballast out of Ssn Francisco yesterday for Portland and will carry grain from this port The ship expected to leave the Bay City last Monday, but haa consumed a much Ion re r time in discharging its cargo of coal than waa anticipated. Two otner steamers are en rouie iv Portland to load wheat. r The Johan Poulsen, under charter to W. T. Car roll, sailed from Ban Francisco yes terday in ballast. The veasel -will ar rive here the first of the week. The steamer Casco will also leave San Fran cisco Monday for Portland and will take out the third cargo of grain which she has carried from this port during the past month. ... She left the harbor here with her first grain cargo on June 6, consisting Of $00 tons of wheat. Her second ship ment waa made June 29, when she car ried 200 tops of wheat and 260 tons of oats in her hold. RESOLUTE GOES ASHORE (Journal Sped Service.) Chicago, July IS. Because she told the court that her husband waa cruel to her and that at times ha treated her Inhumanly, Mre. Preston Olbson, niece of the late Marshall Field, society leader and chum of President Roooe velt's daughter, Mrs. Alice Longworth, was granted a divorce today. The de cree Is of absolute separation and gives Mrs. Gibson the custody of her child for nine months of the year. When Mrs. Gibson filed complaint against her husband and asked for a divorce society was amased. There had been rumors of some little domestic difllcultles, but these had been quickly hushed and It waa delleved that every thing had been smoothed over. Mrs. Olbson Is an enthusiastic horse woman and haa exhibited In all the horse shows, capturing many ribbons In the biggest events. NO SIGNIFICANCE IN nis VISIT Bolsei Frdcrel Attorney on Vacation Trip Passed Through Portland Chatted With Garfield. With 4 , (Journal Speciil Service.) New York, July 13. Presi dent Abeam of the local telegra phers' union announced at S o'clock that the local situation is critical, and declared that the operators In New York and Chi cago are prepared to strike at a moment' notice, and that radi cal action Is expected in the next few hour. NECK BROKEN BY FALL FROM ROOF . While shingling a one-story house that lie waa building to himself and his mother at Campbell and Church streets Jn lower Alblna this tnornlng, Tbomaa jricFadden. aged 24 .years, fell 12 fee" to tho ground and broke his neck. Mc- Fadden was subject to spasm and while , working on the roof was aeixed by one of them. His mother and a young man who was helping to erect the house were present when the accident oc curred. The body was removed to Cor oner flnley a undertaking parlors. TWO. NEW, CONCERNS REi INCORPORATED Articles of incorporation of ths Con crete Pile and Equipment company were filed in the. office of -the) county clerk this morning by Thomas Bilyeu. J. M. Orwk and W. it Gregory capital stock, ISO.OlfO. . . . i " ' , .- --'-. ' ' Article of Incorporation of the Wil lamette Motor Car company were filed In the office of the county- clerk this morning by H. A. Burgnsn. 3. Burgesa and U. Ck ilunly; apltaJ stock, 110,000. Four-Master Heavily - Loadwl Lumber on the Beach. (Special Dlapatoh to The Journal.) Hoquiam, July IS. It Is reported here today that the schooner Resolute, a four-master belonging to the E. K. Wood Lumber company, went ashore near Dungeness while trying to sail out to sea. A futile effort has been made by two tugs to get her off, anl It Is believed that her deckload will have to be taken off. before a he can be floated. The Resolute Is commanded by Captain T. Smith, and carries about 00,000 feet of lumber. ALONG THE WATERFRONT After discharging Its cargo of cement at the local docks, the British steamer SArathnalrn will go to Sound points to "rii. Columbia and Breakwater will both leave port at about the same time Monday nlgnt, tne rormer ror l,os An reles and the latter for Coos Bay. Both boats will, be heavily loaded and will carry a large number of passengers. The jteaonao, wnjen arrivuu m jui yesterday.' will finish discharging . Its cargo . at tne mine -oi i-uiuiuu; bunkers today and Will begin loading freight for the Sound. This la the first round trip to be made by. the boat be- twsen Seattle ana roruno. one i have on board a large consignment of hardware goods for Alaska points from the Marhall-Wells Hardware company. The freight wll be transferred to the Pleiades at Seattle for its northern trip. ' The John Poulsen and the Norwegian teamer Henrlk Ibsen left San Francisco ye'rterday four hour apart. . Both are enroute to Portland and will probably engage In a test of speed against each other until the mouth of the .Columbia is reached. ,, . The steamer W. S. Porter sailed from San Francisco for Portland at o'clock thl morning. She will put In at Monte rey for a day before continuing the trip north. - MARINE yOTES t.tnri. Tni it flallari at 7:16 a. m., steamer Elmore, for Tillamook; arrived flown at 10:30 a. m.. scnooner j. n. T .iinamonn San Francisco. July 13.-rBauea. a19 a. m., steamer w. & roner, mr run land, via Monterey. Astoria. Julv It. Arrived" at 1:30 and left up at 6:H p. m., steamer Atlas irom Ban Francisco sauea i v ra., steamer Tosemlte, for San Pedro; lert up at 2:50 p. m..' steamer Columbia. San Francisco, Julv 12. Sailed at 2 p. m.. Norwegian steamer Henrlk Ibsen for Portland: at 6 i, .m., steamer Johan Poulsen for Portland; arrived at 2 p. mi, steamer CoWa Rica and tug Samson from Portland. r ., Astoria, Julv 13. Condition of ths bar at 8 a. m., smooth; wind northwest, C miles; weather cloudy. Tides at Astoria today: High water. 1:15 a. m., 8.4 feet; 2:14 p. m.. ,7.2 feet IjO-w water I'm . n am m.. J.2 feet! " Walter V. Frear. th nw MVAnuir fit Hawaii, though born in California, be gan hi education in Honolulu and ha paaned mostet his life there. He is a poet a well, as aa eminent lawyer and a JUdZ. ,-. . :, , .... Norman M. Rulck of Boise, United States attorney of Idaho, Is at the Portland hotel on his way to Seaside for a vacation. Mr. KulcK made a point to arrive In Portland today to meet Secretary Garfield and Commis sioner Balllnger. whom he missed when they were In Boise. "There is no lgniflcance to my trip," said Mr. Rulck todar. "I was not In Boise when the official party was there and have nothing in common aave to pay my respects. Although I will re main In Portland tomorrow or Monday, I will have no official business to at tend to save routine matters. "The past four months have been verv busy ones for me and I am going to Seaside to rest up." When asked for an expression on the Haywood case, Mr. Rulck said the trial is Deing conducted in a fair, dla-nlfled manner in which the defendant will be accorded all the rights granted by law. tie expressed no opinion as to the put come of the trial. Mr. Rulck was also non-committal on the matter of Sena tor Borah'a Indictment. He refused to confirm or deny whether an Indictment had been returned against the junior Idaho senator. COUIJTRY SAFE ANOTHER DAY Brave Defenders of the Coast Send Hostile Fleet to the Bottom. GUARDSMEN QUICKLY GRASP WAR GAME ALLEGE RATES ARE HOT f AR Grim War Simulated So Fully That Governor's Salute Is Broken Off to Destroy In trader -Green Recruits Make Veterans Take Notice. SAYS WIFE DRINKS WITH BOARDERS Charging his wife. Km ma Ousterllnk, with being a gross and habitual drunk ard and with encouraging her boarders to become drunk, Emll Ousterllnk yes terday afternoon filed In the circuit court an answer to the suit for divorce begun some time ago by Mrs. Ouster llnk. Ousterllnk alleges that his wife shamefully neglected her household du ties, allowed the house to go for days without cleaning ana allowed Their chil dren to run about half olad. Ousterllnk charges also that his wife began keeping boarders about a year and a half ago, served beer and other Intoxicants to them, encouraged them to become drunk, partook with them, and when her husband protested, told him she would rather put him out than dis miss the boarders. He says he is still willing to live with his wife If she will discontinue her drunken orgies, dis charge the boarders and provide a prop er home .or himself and the children. Ousterllnk does not desire a divorce, merely asking that his wife's suit be dismissed. The litigants were married at Kewanee, Illinois, March, 1838. BRIGHTON HANDICAP WON BY PETER PAN (Special Dlnpateh to Tba Journal.) Fort Stevens, July 1J. ---Caught In the act of runcjlng the barricade at the mouth of the Columbia, the attacking fleet, represented by the government tug Ouy Howard, was fired upon from the fort and the Judges declared that the defenders were victorious in the sham battle late last night Tbe Howard ran out to sea about 11 o'clock and soon stealthily returned, in an attempt to get through the line un seen. She was discovered by the soldiers at the forts and soon a shower of Imaginary missiles were dropping around ner. Great Interest Is being taken In the mlmlc war which Is being held at the mouth of the Columbia river by the regulars and Oregon national guards and a number ol coast defense proDiems have been solved by the maneuvers. no Time for Saint Frill. Governor Chamberlain, accompanied bv Adjutant-General Flnser and Colonel Jackson, inspected Fort Steven yea terdav. Their arrival waa at a tlm when constant attacks were being made on the fort by imaginary squadrons and their reception was exceedingly inror mal. Even the governors salute was broken off In its very midst, so that the guns might be used In repelling an attack. Arccrdlng to the rules of the war same which Is beln Dlayed the defend ers of the mouth of the river are forced to repel an Imaginary attack with the passing in or out or any snip. Tne ap proach of any craft is the signal for bombardment and mixed crews of the regulars and militiamen manning the guns have sunk enough Imaginary shlpi to wreck a world's power. The efficiency of the Oreron ruarda men In handling the big gun In the forts is surprtstna to the rea-ular off! oers and the way In which the "tin" soldlra take hold of their dutle 1 constant source of dellfht to the grlx zled old veteran In the rank. There was some sneering; and an air of lofty superiority on the part of the regulars when, the guardsmen first took quarters at the fort. These have gradually van lshed as the truth ha dawned upon the old troop.rs that the "kid" would put up a fight that would raise some dust if they were ever called Into an actual engagement. CONGRESSMAN ELLIS WILL TOUR RESORTS Pendlston Representative-Elect Says Everything Is Business on Other Side of Mountains. (Journal Special Service.) New York, July 18. Peter Pan wins the Brighton handicap, Mc Carter second and Montgomery third. MAN AT MARSHFIELD KILLED BY TRAIN (8pdl Dlpteh to Tbe Journal.) Marshfleld, Or.. July 13. A. W. Kelly, a stranger here, was killed by a C. B. R. & E. train at 7:30 o'clock this morning. He had strayed from the hotel at Marsh field, fie had been acting queerly for several days. A tram barely missed him- last night six miles from Marsh fleld. This morning he rose up in front of the train at the end of the Davis slough bridge. He was struck in tho chest. . STOEHR'S FEARS WERE ENTIRELY UNFOUNDED On examination by various eminent specialist It was found that Robert otnohr' fears that he was losing hl mind were entirely unfounded and that be was suffering onlv from a nervous affliction of the muscle. He was rec ommended to take a course of treatment Congressman W. R. Ellis of Pendle ton Is at the Imperial for a short visit In the city. Mr. EM Is now on hi way to Newnort for a short outing, but In tend to make a tour of the various summer " resorts and of Puget sound point before starting for Washington to assume nis duties in congress. Mr. Ellis has Just returned from a trip through' the Interior and eastern Oretron district nnd ha much to tell of general conditions there, but little of no I ties. "There Is no politic over the other side of the mountains." said tne con gressman-elecU "It is all business. I could not find any politic during my trip, but I could find good Job for four or five hundred men who want work. Everyone Is hustling to get his crops out of the way, but cannot find men enouarh to do the work as rapidly as it should be done. The abundance of the crop, the prosperity of the farm ers' and the scarcity of help are the t on a trip thing most apparen the -country, p through Judge and Mrs. Ellis will remain In Portland until ' tomorrow night, when thev will leave for the coast for a vUlt of a week or ten days. ALLEGED WIFE BEATER TO PLEAD MONDAY y snaerer, arrested ror Dealing his wife, was arraigned before Judge Sears In the circuit court this morning on the charge of assault and battery. He waa allowed until Monday to plead. A determined effort la being made by the district attorney's force to convict Shaefer and have him sentenced to the whipping pot. UNKNOWN CHINAMAN INJURED BY FALL Oak Grove People Say Rail road Charges Too Much for Transportation. (Rpeetal Dltpateb to Tb Journal.) Salem. Ore., July It. Alleging that the rate between suburban point and Portland are excessive and discrlmlna tory, B. Lee Paget, president of the Oak Grove Improvement association. In be half of 160 members, has called the state railroad commission's attention to .the fare charged on the Oregon City car line Detween Portland and onk urove. He states that a strong petition pre xented to the company by a large dele gation of citizens has been without avail, "although the president of the company practically admitted to us, said Mr. Paget, "that we were at a dis advantage In thia respect aa compared with other localttlea" The cumplaliiant allegw that Oak Grove Is situated one and one-half mile beyond Mllwaukie, the cash fare being 16 cents without transfer privilege and the result I that the round trip to any point In Portland to which It is neces sary to take a car from the center of the city coats 40 cents, while - 20-rlde coupon tickets can be purchased from Portland to this point for 11.70, or 8H cents. A ride on these does not allow transfer privilege, which again indi cates discrimination. TRANSFER ilECORD WAS BROKEN YESTERDAY More Than Fifty Thousand Dollars in Sales Recorded for the First Time This Wek. Nloodemo Claro, ' ths self confessed. murderer of NusA Bluggesl, bis 19-year' old sister-in-law, whom It Is alleged he slew in Mammola, Italy, on January H, and 'who was arrested early yesterday morning by Captain Bailey and Sergeant Johnson upon Information furnished by Giuseppe Bluggesl, the brother of the murdered woman, Is, still Incarcerated in the city prison pending action by the United State Immigration officials and th Italian government. ' C. F. Candlanl. the Italian consul-general In thl clt;-. cabled to tho chief of police of the province of Cossenta yester day for confirmation of ths prisoner' storv that he I wanted for murder at Mammola. I'd to noon today no reply had been received to the message andl th rumor that Claro and hi friends are working a deep game to secure hi return to Italy at the expense of th government will not down. Amenable to Allan Iaw. v A far a th government official are concerned no proceeding toward the return to Italy of Claro on a charge of murder will be taken. According to his own statement .Claro entered this coun try surreptitiously as a stowaway and I amenable to the law of 1901 dealing with alien who effect an entry In thia manner. . The local immigration authorities are awaiting advice from Washington relative to the calling of a special board of Inquiry to Inquire Into the matter. Unlike criminal proceedings It 1 Incum bent on Clare to furnish proof of his legal entrance to the United State, if he 1 unable to do thl tb board can1 hold that he 1 Illegally in the country and hi deportation to New York will follow. -If thl action la taken It Is the plan of the local consul general In th event of a cable from Mammola that Claro 1 wanted, to have two gendarme take th prisoner into custody upon hi ar rival in New York. f ; Too Willis to Betum. A peculiar feature of the case and on ' that aeemat to 'Strengthen the theory that there I something wrong is tbe re ported statement that Claro this morn ing, although reiterating, his confession of yesterday, 'declare that he I par. feetly willing to return to Italy, aa he will have no difficulty In proving that he did not commit the murder. It is understood from a reliable source that Biugge!, who aiater Claro I aatd to have murdered andvabo ln formed against him. ha been spotted out of town by friend of tb prisons. According to on of .th Italians who ao-. companled him to tbe station, yesterday. Bluggesl expressed a fear that If he in sisted In prosecuting Claro he might b assassinated by th Black Hand Of om similar organisation existing In iiauan provinces. There ha been some talk of lnstltut- ' lng habeas corpus proceeding in th federal court to secure Claro release. on the ground that he 1 held without due Droce of law. No action alona these line ha been taken aa yet. but an attorney na neen consulted with a view to freeing tne prisoner.; STATE CHEMIST SAYS BAKERIES USE INJURIOUS COLORING MATTER '3 Bert Pliklngton. tate chemist In th employ of the Pure Food and Dairy commission, Is examining colored cakes old by different bakerle In the city. A large number hav found their way r tb laboratory on lower Washington treet and the Investigation h; been going -on quietly for a number of weeks. Prosecution wlllnndoubto!ly follow and some of the largest and beat known- bakerle In th city will be charged with to the health. ualng in cake colors that ar injurious Commissioner Bailey at prevent la ill and actions cannot be brought until 'h recover sufficiently to raum work. However, the laboratory work 1 pro ceeding unqer Mr. Pliklngton. ASSAULT CHARGE AGAINST DOCTOR Prominent Member of Medi cal Board Examiners to Stand Court Trial. . The total value of transfer filed for record yesterday was J6.198. which was the first day during the week that th $60,000 had been reached. - The largest realty sale reported yes terday was that of a o0-foot lot on the aouthwest corner of Irving and Fifteenth steets, purchased hy a resident or the upper Willamette valley from Mr Katherlne McGrath for $13 Dr. A C. Panton. chief surgeorf of th Portland Railway. Ught A Power com pany, a member of th board of medical examiner, and On Cf U mosi promi nent physicians, In ths city, was taken into custody tstrday afternoon by Sergeant Robaon on a warrant charging him with assault and battery isued upon complaint of Dr. J. D. Kelly, a former member of th staff of the Great Fer don "medical expert." Kelly, woo reoently appeared In polio rnurt uonn me arrest ui " 1 Seth Well for practicing medicine with 8 i out a license, allege that upon calling ' ' at Dr. Panton's office yesterday af ter- K was made through the agency of C. Henry & Soft. Hattle and Julia Buck have purchased from John J. Hawea a fiOxtC-foot lot on Flander street, between Twenty first and Twenty-second, for $8,600. M. La. CODDer has purchased from J. I. Klnci.de three lots on East Yamhill. between East Twenty-third and East Twenty-fourth streets, for $2,400. w. m. furdr has sold to m. n. Saun ders, a quarter-block on Vancouver ave- 2.600. Th i Mlejnoon t'0 dlcu the charge of unprofe- DAVIS HEADED RIOT AT 1IE Willis Dewey Contradicts Story Told by Haywood Witness. nue. near Fallln atreet for 12.000. The Walter Hardy residence at Fir land. Mount Scott, has been sold to H. E. Noble for $2,600. Swift A Co.. have added 60 acres to their Peninsula holdings by purchasing the rruman tract ror which 1160 an acre was paid. This purchase gives the packing plant an outlet to Colum blt boulevard. WELCOME TO GARFIELD ON KLAMATH PROJECT People Will Make the Most of the Secretary's Brief Stop on His Inspection Trip. (Special Dispatch to Tbe Jonroa!.) Klamath Falls, Or., July IS. The peo ple of the Klamath project are prepar ing to welcome Secretary Garfield. He will enter Klamath county from Med ford, visiting Crater lax and the Klam ath Indian agency. A gasoline launch left thl city yester day, its owners contemplating hauling it to Crater lake, where IN could be in readiness for the secretary' visit Com mittees from the Water Users' associa tion, the Inlancr'Emplre club and the chamber of commerce will meet the sec rotary at the upper extremity of Upper Klamath lake on the afternoon of July 19, and conduct him to this city. July 20 will be spent In an Inspection of the federal reclamation project, and a pub lic reception and Danquet are planned for the evening of the same day. DREDGE OPERATIONS OBSTRUCT THE FERRf There will be no ferry at Alblna for t least a week because of the opera tions of the dredge operated by the Port of Portland commission. The big dredge ha been moved up the river, where the cable of the ferry Mason Interfere with Its operation, and the county wsi notified that unless the cable waa taken-, out the dredge could not be used. The cable has been taken out and the ferry will remain tied up to the shore for a week. recuperate. Mr. Steehr desired to-have th ludament of -the counlv board mrsly-to rsassur asr husband. An unknown Chinaman, In trying to alight from an eastbound Washington street car thl morning at 10:80 o'clock, fell and struck on the back of hi head, rendering him . unconscious. The man was taken to the Good Samaritan hos pital In an ambulance, wher he 1 at the Portland Sanitarium to rest and! hovering between Jif and death, A number of Chinamen went to the hos pital thia aftsrnoon to try to Identify Uts man. PERSONAL Senator Fulton is at the Imperial for a short visit in tbe city. Senator Fulton has returned recently from a tour of the Interior part of th state where he ha been in the interest of hi candi dacy for renominatlon on the Republican ticket for the United State seruttor hlp. Frank Curl, of Pendleton, manager of Kerr, Clifford & Co.. for that district i at the Imperial for a short business visit In th city. Mr. vurl state that the wheat crop of the Umatilla country promise to be th largest of recent year. - . ' Thomas Thompson, a well-known wheat farmer, horseman and business : man, of Pendleton, Is at th. Imperial Indeed aralnst him, th latter without provocation brutally beat ' Dr. Panton declares that Kelly with a great display of hostlUty declared ha would "rix mm, na " ,,. iT " knocked Kelly to the floor with a blow on the Jaw. In falling Panton avers that Kelly's head struck the corner of a safe In the room, causing a small scalp wound, and his fingers were alo Jammed in th safe door. Fred Wise, r. Panton office assistant, corrobor ates the Story tOld oy. mm empiuywr. T-- Tann ara rolonMd UDOn detKMlt of $100 ball and th case will b heard In municipal court nuJ nwnuu. Mr. Kelly who accompanied her hus band to the office, claim that h at tempted to fore an entrance to th room where th trouble occurred but waa unable to open in ooori. Dr Kelly was connecica wim rn-u the medical faker who was forced to leave Portland about three week ago after having been tried and convicted in police court of practicing medicine Without a license. y '"; "J testimony adduced at the trial It is underatood that steps were taken to have his licens revoked by the tat board and it was in regard to thl mat ter that he called on pr. Panton yester- Dr Kelly brought to The Journal th following written ta-t5meniu K "In justice to myself, I ask the pub lication of my connection wu er-don and th unprovoaea assauii on me uj Dr. Panton. I but recently arrived, in Portland from an eaatern state with the Intention of locating, la. some jpart iff Oregon. I came across Fer-don ad In a daily paper while looking for a lo cation which is orten rouna in moee """ilcaHed uon Fer-don and he informed me that he was going to open offices to be run on the line of the St. Iouls people who have employed a regular Physician who Is registered 4n that state for years and Is not molested by the examining board. Upon this information I took, tne position but left him after the first week and before he had been exposed as I found he had deceived me and was a fraud. TThl laot or me quilling nirauwr few day and from my own investiga tions I believed would be sufficient to satisfy the board.henee my call upon Dr. Panton, but. when I asked him .for the facts as to what had been done by the board in my case he began calling me the most abusive language he could command. Then I said, 'doctor, are you In the habit of abusing people who call on vou at your office that displease 'you? Instantly he became a wild man He locked the door and made a rush at me. When I saw he was bound to attack me I Informed him It wa no honor to him, a hiir haalthv man. to attack a sick man. as I have been under a doctor's care and verv sick for nearly two months. "This seemed to please htm, for he struck me on the back, of the head and knocked me down and truck me time and again, covering me with blood'. When I got On mv feet I started for the door but he stepped in front of me and with eye flashing ajd. your life Is In my hand nd I feel like killing you right here. - I believe had Itoiot been fnf mv wife noundina- on the door de manding admittance h would have killed me, , , ' ,, . "Dr. J. D. Kelly.". By John Nsvina. Boise, Ida., July II. At the afternoon session of the Haywood trial Judg Wood admitted the record showing, that O'Neill, editor of the Miner' Magaslne, under the name of John M, Hogan, waa convicted of the murder of a fellow miner In Dakota, in 1880. Th Jury ren dered a verdlet of "guilty of man slaughter In the second degree, with a recommendation of mercy." O'Neill waa sentenced to on year and six month In Detroit prison, which he rvd. Rot Klnasberry Wallace, clerk of th Federal Smelting company. Identified th record of the company showing that Orchard worked a a miner In the Tiger and Poorman mine in 1899. A number of unimportant witnesses along thl Una were examined but little new waa de veloped. Willi Dewey, now working at th Vindicator, wore he waa In th union hall at Gem, April 2. 188. whan W. F. Davis handed out gun and ammuni tion and told them they were going to blow up th Bunker Hill miU at Ward ner. Davis, he swore, gave th order, after they left the train, for all men with rifle to go In front. Davis waa at . th front of th entire matter, n swore, thus contradicting Davis who de clared ha did not participate is tb not LID NOT ON, BUT THREAT IS MADE (Special Dlapatch to The Journal.) Aberdeen, Wash., . July IS. Nothing haa been done by the city counoll toward putting th lid on hare, al though, it ha been decided that th re stricted dlstriat must conduct itself in a more seemly-manner In future. Th . council Inatruoted th chief of police- to do all thing neceasary to Improve con ditions in tnat locality ana to notify aloon and other resorts that tney must ooey tne law or lose tneir iioense. MINNESOTA MAN IS DROWNED AT HELENA' for a short business visit in th clt-. J fragments. StOW SHOT OF GIANT KILLS 7. W. THRASH (SDectal Dlaoatrh to The Journal.) Marshfleld, Or., July 13. J. U. Thrash was killed at une atue taae oy a dyna mite blast late yesterday afternoon. He had gone back to examine a blast that had a-, slow fuse. Ilia body was blown to (Special Dtipatcb to Tb JearaaL) Helena. Mont. Julv 18. Oraduated from the University of Minnesota last June and coming here three -week ago to accept a position with the Missouri River Power company, R. M. Hoagland. of Minneapolis, was drowned last night by being swept over tne dam. Has body has not been recovered. Hoagland was, assisting In placing flashboards on the dam when he fell Into the river. His father. Roger Hoagland. has been no tified. - NEW ATTORNEY IN LAND GRANT CASE (Washington Burn of T Journal.) Washington, July IS, Attorney-General Bonaparte today appointed A. Mo donald McBlair special assistant attorney-general to investigate the Oregon land grant case, in addition to B. D. Townsend, assistant federal attorney of North Dakota, who Is now engaged in Investigating these cases, ASTORIA TRACTION FRANCHISE EXPIRES (Soeclal Dbpatrb to Tha Journal)1 Aetorta, Or,, July 13. Th franohls granted by the city council about two months ago to S. D. Adair and asso ciate for a streetcar line over the hill to a connection with Toung bay draw bridge and on to Warrenton, Flavel and Fort Stevens, haa exolred throusrh th failure of the Interested parties to ac cent the franchise in wrltinar and d-" posit the $1,000 forfeiture required by lo ordinance. . ' - , Fisherman Drowned. (Special Dhpateh to The Journal.) : Astoria, Or... July IS. Charles X Anderson, known aa '"Steamboat" Ander son, a fisherman; was drowned Thurs day night through falling from a scow in. Cathlamet bay above Tongu point Tha body waa recovered. It. 1 reported he had between -$2,000 and $S, 000 'de posited with a Portland aloonk, ; m r