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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Dec. 10, 1903)
DAILY EVENING EDITfON Eastern Oregon Weather ( to'" Tonight Increasing cloudiness; Friday cloudy; threatening. PENDLETOy, UMATILLA COUNTY, OBEGON, THURSDAY, DECEIBETt 10, 1003. .16. NO. 4!) 17. If OF DISAPPROVAL Lowell txpieaouo I Sentiment on Asa b. I n.mnlinl kpson s nemuvi' JURATION CANNOT Lord TO BE UNJUST lind Speedy Acquittal Vln I .. t 11. nnmniflll FU V in IflC L and Department Should bjdjment of Court as Final I if the Common Keopie I (or Even-Handed Justice, prevail. Isphen A. Lowell, In voic tktrsal ilissniisriimoii ex- r thp citizens of I'mntllln l Eastern Oregon, over tho don of Secretary llltcn- more Asa II. Thompson U Grande land office, not- ills acquittal by the jury rres against Jilni. lias ! following pertinent and r to the Morning Oregon- ree that the ease against was conceived In po ke, seems to the members hj In this county to ho la the actions or mo If tie interior anil the pros- wading to tlio ery for his Mowing such a swift vln I the charges against him. pell's letter Is as follows: li, or., Dec. u. (To tho he refusal of tho secretary (trior to reinstate Asa I, In tbe receivership of the Ucd office Is Inexplicable J He condemnation of every r play. islon of this ofllcor after I (r the grand jury, was llsstlflable. although un- lud done at great public fee, hut after acquittal, N lair trial, what possible i tie offered for the utti- Ituea by the department? eer tried In nny court etnee. was more nlnlnlv kd than was that or Mr. He utterances of the and lmnartlal liidT-e to case, the prompt vor- w. tae testimony of the ni the opinions of the w attest Integrity of all tm young man In the nil- w his office i Pioneer Stock. ' StOCk. IiIk timni-,.il H tad a larcn share In V H moral development .iu imving attained f own force and merit, Maenco and nscfuluesa ws, tho blow stim-1; Fett In Its now dlscred- r" M a sad one. hut e ultimate recognition eoce. ho i.,. i. ....... ui j y " tin ne u nU dempnmtf .,, i. NdlscloSed the strength wr. Were Costly. P', this , . Kli , ""J'"""'IU MI i(&iU.8t!Ce.n'"' OQUI. L"' n its courts, rlt Or CTMlllv- ... .... ' lltre the m iom, ,.i . "'led from i.,n.n,.... Ml. was enor- L7V nas acciiinuhilnrt the exncniiiinrno ... 4tt utters .i Z,ll r of tho i V" ' I BOW V "" leSS r11 has lm.,..i ..' ... re from .. .. rial, who, In tho performance ot his duties, may iiavo blocked the path or jouuory. Service Must Be Improved. There should be no criticism of tho secretary in his efforts to elevate nnd purify the public servlco, In that work ho is entitled to tho highest commonuauon ami 1110 ruuest sup port; nut no must now the balances of Justice even, else In tho end he will surely find disaster. Tho creed of the plain people Is common Jus tlco and this Is yet a government of tho people. Lot me then appeal to those lofty principles of right, the exercise of which can alone perpetuate this re public, and to tlint love of fair play which Is American,' nnd asl that' tho people of Oregon sustain the delega tion In congross In their Just demand for Thompson's reinstatement. Respectfully, STEPHEN A. LOWELL. EGBERT MUST HANG. Is Found First De- Harney County Murderer Guilty of the Crime in gree. Hums, Dee, 1(1. Hurry Egbert, the murderer of John 0. Saxl'on and .fuck West,. In Wild Horse valley, on Oc tober -1, was yoslerday found gulliy I. D. oTILLMAH SPEAKS FOR TIE 1IM0N DISTRICT Lucidiy Explains theBeneflts to Be Derived From Organip tion arid Co-operation, The Formation of a District Places a Community on Same Basis as a City Money Spent In Litigation Is Expended In Equitable Distribution of Water and Management of the District for the Benefit of All. Following is a bilef review of the aide address delivered by A. D. Still mini at Forndnlo schoolhouse Inst veiling on the formation of tho Ut ile Wnlla Walla Irrigation District, to be effected on December 21. Mr. Sllllninn sold: The Irrigation district Is provided for by the general laws of the state of ot murder In tho first degree. Feel- Oregon, Act of 1 Si)."., which provides ing has been high and at times It j that tbe Inhabitants or any given or seemed Impossible to prevent the limited area that Ik Irrigated from a people from tnklng vengeance on the murderer. Six days were consumed in securing a jury, the entire eligible population or the county being ex haustcd In the attempt. Baron Rothschild Dead, London, Dec. 10. A dispatch from Monte Carlo announces the death of Damn Arthur llothschlld. ANTI-SALOON LEAGUE ELECTS BALTIMORE MINISTER WAS CHOSEN PRESIDENT. They Report Favorable Pregress In the Way of Securing Legislation, Citing the Anti-Canteen Law and Prohibiting Liquor in Capitol.- Washington, Dec. In. Tho untl- Snloon League this morning elected Hov. L. Wilson, of Ilaltlmoie, pres ident; Ilev. Baker, of Columbus, O., general superintendent; Itev. Din widdle, of Washington, legislative superintendent; Dr. D. Carroll, of Ualtlmore, treasurer, The legislative committee this morning reported lavorable progress in the achievement of temperance legislation. Particularly In the antl cauteen hill and prohibiting the sale of Jlquor In the capitol building. In tho measures passed by congress. Received by President. The president, this afternoon le celved delegates from tho Anti-Saloon convei. .on. j-i common source may form an Irriga tion district, and assume the powers usually exercised by a municipal or public corporation. Tho statute bus In view, two principal purposes. The Hist Is tlio erection or creation of ir rigation systems, dams, canals, ditches, Humes, etc., for tlio reclama tion of new lands. Regulate Distribution and Use. ' At tills time, and in this proposed district, we need take but little cog nizance of this purpose. The other great purpose o tbe statute Is to ('liable tbe Inhabitants of au irriga tion district to regulate the dlstrlbu- oi a municipal corporation, under which tlicy can regulate local condi tions. Then water for housohold pur poses is distributed nnd regulated without friction; the streets are kept imiiuniiiy repaired; nuisances aro removed, and the health conditions are maintained, so that It is even more healthy lo icslde In a well-regulated city than It is In the country. Similar results as to order and lo cal regulations can bo effected In this liMlgatlon dls'rlct. The people within tlie district do not surrender any of their powers. They retain local self-government In Its broadest and most acceptable form. They elect their own qfjicers; they regu late their own assessments; they pro vide for their own improvements, and In such a manner as to preserve a peaceful and neighborly feeling throughout the community and avoid endless and costly litigation. Tl statute ptovides that a board of di rectors lie elected who shall elect from among their number a presi dent. When this organization is ef- Hon and use of water among those ' r,'c'"''1' " corresponds to the mayor, GRAIN MARKETS. Quotations FurnUhed by Coe Commis sion Company B. E. Kennedy, Lo cal Manager, Pendleton. Dec. 1(1. The hear con tingent In Chicago who aie opposed I rortuuntoly within the district who are legally entitled to Its use, and for this pur pose to maintain and preserve what ever ditches, canals or channels that may be necessary; and I take It that this would be tlio pilnoipal' use of an Irrigation district here, upon tho Lit tle Wnlla Walla river, that within tlie distance of four or five miles, and spreads out In n fan-shape and into some eight or nine natural channels, the east and west channels at tlio lower end of the proposed district being approximately a mile apart. Upon this portion of the river there are at present more than one hund red riparian owners; some occupying but two or three acres, and others 10 or more acres. Practically every ncra is Irrigated, and practically every drop of the water Is needed for the Irrigation or all tbe lands held by those those who are legally entitled at this time to irrigate the same from waters of tlie Little Wnlla Walla river. In addition to the numerous natur al channels spreading In a fan-shnpo to the north that 1 have mentioned, thete nye nio probably u thousand small ditches, gates and Hume-boxes and council of an ordinary city gov ernment. The statute furthei pro vides lor the election of an assessor, u collector and a treasurer. The board of directors have authority to employ such officers as may be re quired nnd proscribe their duties, and are required to establish equitable by-laws for the distribution and uso or water, and to print the same In convenient form for distribution In the district Example of California. Such Is a brief outline of the mu nicipal corporations known as irri gation districts, us provided by the statutes of Oregon. A statute simi lar In Its purpose, known as tint Wright Act. was adopted in Califor nia In 18S7. A curative act, supple mental to the uct of 18S7. was adopter1 in that state In lRSft. In California many irrigation districts have beer orgni'ized under tlie Wright Act, and In that stute the position, rights and powers of Irrigation districts have been finally determined. The supreme court of that stale has hold that an Irrigation district -organised under the Wiight Act. Is nubile corpora tion for governmental purposes; that person of water that Is legally his In order to give It to someone not entitled to it. Another principle that must always be remembered Is that private property cannot bo taken for public uso except upon tho payment of a Just compensation therefor. So ihnt no property can ho takon In any event except for tho benefit of tho entire district, whenever for the pur pose of strengthening channels or tlie construction of canals, dnms or res ervoirs or any other act for the ben efit of the entire district It Is neces sary to tako any property, a fair and reasonable compensation must Ilrst bo paid to tho owner of that property. Can Improve and Expand. The Irrigation district will have power within itself, ir Its Inhabitants so decldo, to Improve the present system of chnnnclB or- ditches, or to crcnto a now one. Just the same as the city of Pendleton will havo a right to construct a new system of water works or n new sower system. It Is presumed that when a majority of tho people of a district or of the city decide upon such nn improve ment, that It w... bo for tho benefit of all: nnd this Irrigation district, If formed, will hnvo tho same powers to raise money by assessment or by tho selling of bonds, that any other pub lic corporation Is givon by statute." Aiinougn it is possible tnnt in u few instances tho corporation, when formed, may find it necessary to ap- propiiate properfi- or rights, as I have said before, It cannot do so until It has paid Just compensation therefor; nnd the purpose of tho creation of the Irrigation district will he to prescrvo peaco nnd neighborly feeling through out the district, and to avoid expen sive and senseless nnd almost Inter minable litigation. WORKMEN T WITH WORKMEN Union Men Assail Non-Union-ists in Chicago and Many Aro Hurt. STREET CARS BADLY DAMAGED BY THE MOB. TODAY-'S ADVICES FROM WASHINGTON MORE EVIDENCE IN THE ' WOOD INVESTIGATION. Pension Expenditures Next Year Will Be Considerably Less Than During 1903-4 Wlsconslners Petitioning for Smoot't Expulsion From Hen-ate. through which the wnler Is actually (,1(J RC, )(.e. WUB ,.0iistltutlonai. and lrin him his of- Ie rt-,i. ,.. . --.iini.iration. Ml '-Rliun Of Thr.n. K'Z01 can .5. Wi tri.i 'iur ine ktftaSL8 net -ii pQrsociiHr.i, Pto ''."""-"'I'on, ' 00net nubile nffl. Kite... ' "Ifi "-tlie first the iV.i. "trailer ; UJ n... VUI. no r inn......? centum n . Mil Ik "SH 1 W. ' th nl, to ,V, "B ""Ml the - J to Armour, succeeded In giving wheat the greatest sotback for any single day for some time. Cables this morn ing did not rollect our .decline of yes terday, however Our market con tinued weak this morning, Chicago May soiling down to SOMT one cent- ,m. inlslles below ydwterday's close. .Minneapolis May also wenk, only sold down to HO and by 12 o'clock had regained all of tho early loss. The stock market opened rnthsr easier all along the line with the ex ception of the traction stocks, which opened strong and wow tho bull feat ures in the early trnilo, steadying u' whole market. The market seems to lie hcflltntltiL' or rat lie i' taking a breathing spoil in Its upward move, Chicago, Deo. 1(1. Whent Opoulng May , Si and immediately cunveed upon the muds JrrlcHted. There Is sunicient water for all, If each would use only that amount to which he Is legally entitled und only such nmoiint as may be necessary to properly Irrigate Ills land. Hut sopie men aro pione to no careless, un- tnere are some wno are selfish, and like pigs at a trough, hnvo no regnrd lor tlio rights of oth ers. These men win use wuiei m mi that the officers of such districts are oliicers of the state; thus giving ir 1 1 trillion districts as municipal eorpo rations the same standing, the same rights, and the same dignity ns cities of tlie llrst-ciass. There i no possible doubt Hint the supremo court or Oregon would place the same construction upon the act of 1Mi5. As yet, so far as I know, there is uo Irrigation district within this state that has completed its organi cxtriivngant waste, very often to zatlon and Is In actual operation. Hut nieir own injury, in oiuoi inn uuj ll)nt I(j leamn wi,y this ono should may fully establish their rlghtb to . , formed.-and when formed, why It should not produce tor its pco- Measures Necessary. pie all the good aim give ineiu uii i mi-,1,.1- t K..(..m. u n'oifoctlv fair I tlio advantages that are given by a order that each one, no uiiitter what mem. his position upon the htreuni. wheth- Fallacy of "Tax Burden. or ho be the last to use the water or There has been somo question of Hie llrsl, shall have nil the water to J a taxation burden, u Is probably which he Is entitled, one oi two truo mat some sugni roveuues wuj Cfose. 7(1 H July 7-i Corn May -12 July 42 18 Minneapolis, Dec. 10. Wheat Opening. Close. May 80 811- , July 81 STiTS Government Report. Condition of winter wheat 8C.fi, as compared with 0.7 in 11)02 nnd 811.7 In 1001. This year thoro Is a decrease of C per cent from tho area estimated to have heon sown In tho fall of J902. Liverpool closed wheat, lower; corn, lowor, Chicago Wheat. Chicago, Dog. 10, Wheat opened 80 V4, closed 78. FOR AN APPROPRIATION. Senator Mitchell In Support of Expo sition Bill, WnsiiinEton. Dec. 10.- Senator Mitchell gavo notice that on Thurs day tho 17th, ho would address mi. sonnto upon his hill providing mr holding nn mtornntlomil exposition III Oreuan. comnionioratllig the Lewis and Clark oxpodlthin and nuthorUliiK an appropriation. thlnirs is necessary. Either he must resort to force and guard his water by force through tho promises or tho riparian owners nbovo him, and by force, being a law unto himself, reg ulate the use of water by thoso on the stream above lilm, or ho must ap peal to tho courts. Tho former course is obviously Impossible. In this particular case, where more than one hundred persons havo a right to (ho uso or the water of the Little Wallu Walla river, in greater or less quantities, il Is almost Impos sible for n court of genoral Jurisdic tion to take cognizance of all the questions that wil arise. Suppose that tlvo or six thousand peoplo have settled upon a section of land, ns at Pendleton or at Wnlla Wallu, and havo neglected o pro vide themselves with n muuiclpal government. The thousand quostions of disputed rights arising lion day to day. growing out of tho uso of water Wr city purposes, the necessary Impioveiiient of streets, tho mainte nance of lieaitn couiuiioiiB, me mini -' be necessary for tho maintenance of tlio legal machinery or tho irrigation district. Under the conditions that exist here, however, that burden will he lnflnlteslmally small as compared with tbe hardship and loss that must inevitably follow a contlnuanco of the present conditions hero upon tho Little Walla Walla, where there Is an Index upon every Btroam and up on almost every ditch, pointing to L'ip courts of the stato. Whatever reve nue Is collected will ho expended within the district Itself, so that the Inhabitants or the district will savo all tho money that would otherwise bti expended upon lawyers and In the payment of court costs. Another fear that seems to exist is that thoso who havo heretofore en joyed the use of water may be depriv ed of that water or a part of It, for the benefit of those who havo not heretofore had a right to tho use of tho waters of tho river. This cannot be. There aro somo legal principles that wo should never loso sight oi. Tho first of theso is that no person al or nuisances, would necessai lly be i or corporation con ever tako private ' ' . i... I I .i nrlirnin lien 'PllnUa determined by the courts, Involving endless mid almost fruitless mira tion. What Exoi-lence Teaches. In order to avoid this, exivrlcno has taught us that it is better for t sovereign stnto to grant to tin rr plo within such a territory tho rights uiouerty for a privato uso. Those that have water upon their lands and aro enjoying tho use of water neces sary for that purposo, caunot bo de prived ot any part of that water, itlior with or without compensation, or tho uso of any other privato user, Tho public corporation whon organiz ed will havo no right to deprive any Washington, Dec. 10. When the house met today the pension appro priation bill for 1 905 wnsisubmiiicd. It carries 1 1,700,000 less than for liiOi. Tho senate's first business was the. presentation of a big bundle of peti tions by Spooner from Wisconsin people, asking for the expulsion of Smoot, of Utah. The president sent the nomination or Victor Duhnimo, or Now Hamp shire, lo be consul al Hal 1 1 1 lo, Mex ico, Wood Investigation, Washington, Dec. lO.Charlos Dlehl, assistant manager of tlie Asso ciated Press, was recalled before the committee on military affairs this morning, concerning certain .discrep ancies In dates in bis testimony and that or Melville Stone, manager of the Associated Press, relative to the employment and subsequent docllno of Hellnlre, the ex-convlct, as in structed special correspondent. Ho said ho could not say as to whether Wood had any knowlcdgo of Bolialr's history until tho latter was seijt to China. MRS. SOFFERT RELEASED. Pennsylvania Woman Was Released After Twenty Months' Imprison ment. Pittsburg, Dee. 10,-Aftor 20 months' Imprisonment, Mrs. Kato Soffert, who assisted the lilddlo brothers to escape, wns released this morning and has gone to tho homo of her parents. MINE EXPL08ION. Police Interpose arid Have a Hard Battle In Trying to Keep the Peace Conductors and Motormen Flee for Their Lives and Are Pursued Long Distance Wilful and Unnec essary Damage Done to Cars. Chicago, Dec. 10. Angered because the train crow of n Halsted street rnllway train on which they were riding did not wear union buttons, a score of workmen left the ear ih'tf morning nnd threatened to throw the motormnn and conductor into the liver. They smashed nil tlio windows In tho train nnd forced the crow to run for their lives. Tho motormnn wns fleet of foot mid escaped nfler being chased a mile and repeatedly lilt with stones. Con ductor Verge collapsed after i mining four blocks, when policemen came and rescued him, dragging him Into a bouse nnd held the mob lit hay with drawn revolvers. A riot call was sent In. The h.i'U.i v ns short of duration, as tho squad of police, angered by tho show ot resistance, charged mercilessly, striking right mid' left with their clubs until the mob was filially dis persed. None were seriously hurt, although bloody heads were common. Tbe frightened conductor took Ills train back to thu barn under a heavy escort. Iloth niotormnn and loudiiclor weie badly beaten. While the police weie dispersing the moli the car of a conductor on nnother contingent wus nearly do mollsbed. The passengers nnd croor abandoned the train, nnd the mob tore out I lie heats and smashed the woodwork with bricks, Twenty.Flve Prisoners. The Hying squadron of detectives today appeared ngalnsl 23 prisoner caught In Hie dragnet Inst night. All wore found carrying weapons and wore heavily lined. One thousand persons were searched by ofllcers last night 8TOCKTON LOCKOUT. War California Manufacturers Start , on Union Labor. Stockton, Cnl., Dec. 10.-Tlie Holt Harvester & Manufacturing Company Insl evening locked out Its blark ..mlthx, wllli (ho ileclared Intmitiou of ruiinulg' au oH)ii shop. Later tho l-odorntod Trades toimeil deeliirnd the Holts unfulr. Tno Holt strike Is the cnmmeliri menl of u hlltor battle IkiIwooii or ganized labor und tho organised em ployers, 1'incllcnlly every employer In I In? city is backing Holt. Three Men Fatally Injured In Penn. sylvania. Greenburg, Pa., Dee. 10. At ID this morning at tho Euclid and Port Itoyal mines, a second explosion fol lowed tho one of last night, killing Superintendent Andrew Swenoy and fatally injuring tho pit boss and two others. ORDERED TO COLON. Three Hundred and Fifty Additional Marines From Guantanamo. Washington, Dee. 10. Secretary Hnv announced today that tho cruis er Pralrlo, now at Guantanamo, would sail for Colon tomorrow, ane car ries a force of 350 marines, which will bo landed to rclnforco those al ready on tho isthmus. New Blshof of Columbus. Home. Dec. 10. Tbe congregation of propaganda today chose Hartley, of Steubenvllle, O., to be blsnop or Columbus. It Is doubtful if thu popo will ratify the election, MIKADO IS HOPEFUL. Thinks That Present Negotiations Will Bring Peace. Toklo, Dec. 10.The ornpeior to day opened the Japanese diet with nn address in which ho referred hope fully to tho negotiations which ho ex pected to bring Knce through the far east. Judge Lewis Dead. Atlunta, Due. 10, Hal Lewis, uged C2, a former supremo court Justice in Georgia, died this morning ut Orccnz borough. He sprang Into national famo In "JO by making a spueCh nom inating Hrynii for the presidency. Bryan Writing a Book. Manchester, Englnnd, Dec. 10. Tho Guardian today says William r. Ilryan Is writing a small volume giving bis Impressions In England. Wrecked the Palace. Zlnzlbar, Dec, 10. A hurricane fu day wrecked tlio sultan's palj. i and other buildings and did great damage. Countess Divorced. London, Dec. 10. The Cnunl'isa II isscll was today granted a dlvorcu hum her coachman husband, Drown, Still Behind the Record. New York, Dec. 10. Tho six-day bike race was 181 mites behind tho record at 9 this morning. Seven teams tied for the load at 1,350 miles and one lap. Llzze McCormlck Free, Memphis, Dec. 10. The case of Llzlo McCormlck, charged with sending a bottle of poisoned whis key to Mrs. Kate Nelibe, of Cin cinnati, which au oxpiessmau drank, causing death, was today dismissed, as no money was pro vided tor tho transportation of witnesses from Cincinnati, and without these the prosecution had no case. Tho prisoner was releasod,