East Oregonian : E.O., October 18, 1904, DAILY EVENING EDITION, Image 1

IffilliJ
1 IL&V 5 DA11YEVENINGEDIT1DN
WEATHER FORECAST.
'n, a tarsal" ln
for other "ads"
L-.ni 10011 '
.nurce.
Tonight and Wednesday, partly
cloudy; probably warmer tonight.
PENDLETON, OKEUOX, TUESDAY, OCTOBER 18, 1SRH
NO. 5181.
"' HMBMBHBI
... nniinni n
,rnnw iru ri
Sill dUlluuLu
I PL00R1SHING
U j- H-Acker-
3 Here to Attend Teach
rs' Meeting.
l-rMEBCE SCHOOL
yX IS SATISPACTOKV.
w W C"I,1UI
proral to Be More Bene-
L inn die Former iw
L I'mstilla Nor Multnomah
hbt bl the New Law, But
hanlies Are Greatly Kcne-
the' Increaiiliig Salaries
Teachers Is a Ilcultliful
' 't
jiMrintehiUnt of Public ln-
im J. H. Ackerman, of Salem,
Pmdliton to attend the sessions
Island Empire and Umatilla
li Metiers' Institute that con-
In thla city tomorrow night. Mr.
hua arrived last night from
Inllt.
Bad the public schools thrnugh-
I! lute In excellent condition."
r. Ackerman. "In moBt coun-
m law requiring a per
hi that will amount to ut
for each person in the county
'n the ages of 4 and 20. haa
of more benefit than the old
'"Wiring a five mill tax for
purposes.
pvmah county does not gain
aw, and neither does Umatilla.
fit are a great many more that
waa Senator Pierce's object
he introduced the measure to
nth county Its true reuresenta-
Some assessors were Inclined to
utenments In order to keep
Ma down Ir school matters. By
law each child draws $6, and
rre the measure Is a good one.
p pleased to note that through-
tlate It Is the tendency of dl-
lii the districts to raise the
of leathers. The poor pay
Mtojues has been the cause of
'rouble In the past."
pl to an Awful Death.
lOrk, Oct 18. Paul florini-H
Ithmin, Jumped from one of the
u the new WllllamsburB
mornlnr. Mr ia. hi,...i
h on the pavement 125 feet be-
r was deipondent because he
m to make a success of busl-
wintry.
M0,00O Damn.,
Lav. A.. ..
of $40,000 to Emma
mti run over Dy a
C TWalsthe third trial of
twMor Murder.
h hN. "-Gurnet
X Uu i'" pr'"on the
km of it- , ' M'lung, in
Ut, ",tchc- In the
"ovember.
Er Col"8l,,n-
Jt aere iJ , our,n maneu-
'"in m.. ana Boxer
.' . , WM rtoily
on.-. ' "amington ioi.
WtBi,J ni1 Will nrohnhw
f Wlton. ior his
'ondr'n to steal
tookshJ Hm's f"g
thWue of
lit lift B- , WOUKJ
lve te " WM "II of
' f ik.. rne ni-
' fT bt M- v taken
" to jj aTlrls range
j "rv,,, . years u
i07r
? ec..,.. ho Bui,. . .
8l,a av. .L wlth
'S Sn h,e,
fOKHIHT AND WHITI0 .MATCHED.
it-lllHOltlltM Will l'ltfllt in IrfllldlHl
Next Jannar).
New York. Oct. 18. Young Corbett
and James White, the Englixh light
weight champion, were matched today
to meet In London In January. Char
ley White of New York, will referee
the contest. The men will weigh In
ut 133. Forfeits of $2000 will be post
ed today.
Charley Mitchell, former English
champion, puts up $10,000 on White.
George Consldlne will take Corbett to
England.
Alunkn Day nt St. ltils.
Ht. Louis, Oct. 18. Today Is "Alas
ka Day" at the World's fulr. Gover
nor Brady of Alaska, President Fran
cis of the exposition, and Judge Irwin
of Juneau, are the speakers. A. $10,-
000 murble bust of William H. Sew-
urd, secretary of state at the time of
the purchase of Alaska, was unveiled.
SooIuIIhU Are rtunexl.
Huntington. W. Va.. Oct. 18. The
council last night refused permission
to the soclullsts to hold a political
meeting in the city hall tonight. The
party may enjoin the city officers
from Interfering.
Denver ft Rio Grande Meeting.
Denver, Col., Oct 18. The Stock
holders of the Denver ft Rio Grande
railroad held their annual meeting in
this city today. Only routine business
was transacted.
-IN-L
T BY
M I
E
RUSSIAN MM BROKEN
THEY RETREAT i
DISORDER
Oku's Army is Now in Possession of the Entire Line of
Russian Trenches.
General Rtoeswl Will Abandon Port Arthur, Town Dorks and Kortiften.
lions. With the Kxerptlon of the Fort of j.la Tlshau Japanese Attack
on Russian Right Flank Repulsed Rundan Onslaughts on Three
Joponesc Armies on Monday Nig lit. Were Repelled With Enormous
Losses.
IIAKKH COl'NTY WOMAN
K I LI, I'll) FOR HI RKLAK.
lieonard Foster, f Pine Valley,
Hours a Noise In His House and
Hhmits Into tlic Darkness, Instantly
Killing Mrs. Heck. His Wife's Moth
er Foster Thought It Was a Mid
night lliuglHr Inquest Held at
Pine Valley. i
Buker City, Oca. 18. Leonard Fos
ter, a prosperous farmer living In
Pine valley, about half way between
here and Eagle valley, shot and kill
ed his mother-in-law, Mrc Beck,
whom he mistook for a burglar last
night.
The particulars, as near as can be
learned, are that Mrs. Beck had oc
casion to get up .some time tn the
night and Foster hearing the noise,
jumped from his bed and fired, kill
ing her Instantly. , -
As soon as he realized what he had
done, Foster Immediately hastened
for a doctor, but It was too late.
County Coroner Know was tele
Phoned for but owing to his absence
the Inquest took place at Pine, five
miles from the scene of the tragedy,
where the body was removed today.
Justice of the Peace Craig, presiding.
No arrest will be made.
London, Oct. 18. A correspondent
of Reuter's with Oku's army reports
that the Japanese are now in posses
sion of the entire Russian line, ex
cepting Small hill on the Russian left.
The Russian center, he says, retreated
Jn disorder,
Will Abandon Pol l Arthur. !
Rome, Oct. 18. A Toklo dispatch
to Italia Mllllalre states that Oyama
has asked for 75.000 reinforcements.
The dispatch also states that Gen
eral Stoessel, commander of Port Ar
thur is prepared to abandon the town,
the docks and fortifications, with the
exception of Lla Tlshan, where there
are provisions and munitions enough
to last 10,000 men for six months.
Japanese Attack Repulsed.
St. Petersburg, Oct. 18. Sakharoff.
reports under today's date: "The Jap
anese yesterday evening attacked our
right flank ln a considerable force,
but were repulsed.
"We puBhed forward and occupied
positions at Khalantel. A number of
corpses were buried on Putlloff hill.
The enemy is now concentrating In
large numbers against our center. No
fighting on our left yesterday."
Russians Everywliere Repulsed.
Toklo, Oct. 18. Severe attacks on
Monday night, were everywhere le
pulsed with heavy losses to the Rus
sians.
Terrible Weather in Manchuria.
Mukden, Oct. 18. It ruined all
night and day broke cold, with biting
wind. The roads are ruined by the
rain. The roar of artillery continued
during the night.
Japanese Stocks Decline.
London. Oct. 18. Japanese fours
slumped considerable today on the re
ports of Russian successes.
DIPPING KCHO CATTLE.
Thompson and Stonfield Will Dip 3000
Head on Butter Creek.
Cattle dipping on a large scale has
begun in the Butter creek country,
where Thompson & Stanfleld last
summer built a dipping apparatus in
v men two animals can be dipped at
one time. Its capacity Is between
300 and 400 head per day. and be
fore present operations, are ended the
firm will dip nearly 8000 of their own
cattle and several thousand head for
the smaller feeders. Thompson &
Stanfleld began dipping last week, but
an accident to the boiler forced a
postponement of the work, which will
be resumed thla week.
Joseph Cunha, of Echo, will Imme
diately build a dipping plant which
wiy be one of the largest in the
Northwest, Its capacity being four an
imals at once. He is getting the ma
terials on the ground at this time to
use in the tank, ,a"nd will prosecute
the work as rapidly as possible. He
has over 2000 head of his own cattle
to dip.
The dipping whioh will be done by
both the firms mentioned, is entirely
voluntary, although it will be con
ducted under federal supervision. The
arrangement of all details la accord
ing to the strictest requirements
which the government makes and
which experience has shown to be
valuable. The dipping by the smaller
feeders is also voluntary, and tn all.
cases is done for self-protection and
Insure better results during ' the
winter's feeding. .
None of the stock which is o be
dipped has yet been ln the feed yards
r even near them, and will not be
until the dipping Is finished. They
will be put on fulj feed for the win
ter Immediately afterward.
Both the dipping plants mentioned
will be operated by the deadfall and
walk out system.
Government Inspector Lantx states
that there are a few cases of cattle
"ange In the Butter creek country,
out only a few, and have been for
some time, but that the cattle men of
jnat district are putting themselves on
ihe absolutely safe aide.
Russians Make Small Gains.
London, Oct. 18. The Exchange-
Telegraph says a dispatch from St.
Petersburg states that the general
staff received a telegram which says
Will Prosecute Gambler.
Portland. Oct. 18. District Attor
ney Manning has emphatically de
clared that he will co-operate with
Sheriff Tom Word In suppressing
gambling. This determination on the
part of Manning Is said to be due to
an understanding with the circuit
court judges of Multnomah county,
who will co-operate ln crushing out
the evil.
Fire Destroys Flax.
Salem, Oct. 18. Fire has destroyed
the Salem Flouring Mill and Ware
house, and also a warehouse containing-
J50.000 worth of flax, which was
to have been used by the proposed
new flax mill. The destruction of the
flax removes all hope for a mill this
year. The total loss in the fire was
$100,000, and It Is thought to have
been Incendiary.
the Russian right on the 17th ad
vanced and drove the Japanese from
six positions. The Russians captured
16 guns, eight Maxims and the battle
is still raging,
Itussla Denounces Peace Idea.
St. Petersburg, Oct. 18. A Hsflort
from Washington to the effect that
Roosevelt Is inclined to believe the
time for mediation In the far eastern
war Is approaching, has created an
unfavorable Impression in govern
ment circles here.
The idea of peace, it Is asserted,
could hardly come more inopportune
ly, with the Japanese In the full flush
of victory. The announcement arous
ed only resentment. No doubt. If
Roosevelt would attempt to open the
question at this time he would meet
with a rebuff.
JuMUiese Keep Diaries.
St. Petersburg, Oct. 18. The Novo
Vremya's correspondent at the front
stales that every Japanese soldier car
ries a diary, In which he describes and
often Illustrates his adventures. Hun
dreds of these diaries have been
picked up by the Russians. Most of
them have rude pictures of the mika
dp at the beginning. Qeneral Kuro
patkln is sometimes caricatured tn un
dignified positions. In one cartoon
he stands before the czar, pointing to
a wounded soldier with a twisted
bayonet, and saying, "This Is all that
remains of my army."
"I am Matslkuota, a private sol
dier," begins one diary, "of Samurai
race, but fallen into poverty. Of Rus
sians I have slain with rifle and
bayonet ten. When the story of my
adventures is complete I shall have
slain ten tens." Here follows a skil
fully drawn picture of a hundred Rus
sians laid ln a row.
Many of the diaries are filled alto
gether with poetry, and "Odes to
Glory," written ln true European
strain are common. One booklet con
talned 20 pages of an eulogy over "my
fallen brother, the child of eagle an
cestors." After this followed a neat
account of personal expenditure, the
whole for three months amounting to
three and a half yen.
Hearing of Maelien Apieal.
Washington. D. C, Oct. 18. The
appeal of August W. Machen and his
co-defendants In the postofftce con
spiracy case came up for hearing to
day. 'This is the case tn which Ma
chen, Dlller B. and Samuel Groff and
George E. Lorenx of Toledo, O., were
sentenced to two years ln the peni
tentiary and to pay a fine of $10,000.
Lesla Must Die.
Salem, Oct. 18. The supreme court
has affirmed the decision of the cir
cuit court of Multnomah county in
finding Martin Lesla guilty of mur
der In the first degree, Lesla must
therefore hang, as sentenced.
F.VHiigelists Expected Tonight.
Hev. J. O. Westbrook and wife, of
Tacoma. are expected to arrive to
night from Spokane and will proba
bly conduct evangelical meetings ln
this place before returning to Taco
ma via Portland. Mr. Westbrook
and wife labor under the auspices of
the Christian Gospel Missionary As
sociation, the same organization with
which the Rev. Booker Smith labors.
Mr. and Mrs. Westbrook are the res
ident managers of a home for Indi
gent old people and children at Tacoma.
Ohio Man Is Here.
W. M. Cater, of Cleveland, O., is in
town, arriving here from Walla
Walla, where he has been visiting
friends. He stopped a week with Ja
cob Phelps and family of the state
line, in Umatilla county, and will
spend a day here at sight seeing. Mr.
Cater Is making a trip which he has
long contemplated, and expects the
event to terminate in hls"selllng out
all Interests ln Cleveland and his re
moval to the Northwest with his two
sons, also of Cleveland.
Will Return In the Spring.
Henry Olsen, of Spokane, accom
panied by his wife, were in town to
day, en route to Portland to visit with
a son. They have been visiting an
other son, George, who lives near
Adams. Mr. Olsen expects to return
here next spring with the Intention of
buying lots and building thereon.
Doctor Looking for Location.
Dr. A. M. Passon, of Carthage, Mo.,
is looking for a location, arriving yes
terday. He will tomorrow go with
his friend, Ernest Lefever. who lives
south of Foster, on a trip to Canyon
City and other interior points, and
then return. - Dr. Passon Is looking
for a location;
The tongue is called the' unruly
member, but it haa ruled many a
household. '
HOPE FOR GOVERNMENT IRRIGATION
The government Irrigation project
of Echo has not been abandoned and
a renewal of interest among the peo
ple of Echo and vicinity is now being
experienced.
The Echo Commercial Club haa se
cured the appointment of committees
from Echo, Coyote and Walla Walla
and hope to have a committee ap
pointed from Pendleton to meet ln
this city on Saturday, October 22. for
the purpose of selecting some capable,
efficient representative of the irriga
tion Interests of this district, to con
fer with the government engineers,
and place before them the actual con
ditions surrounding of the Echo prop
osition, and to Induce them to aban
don, If possible, the reservoir plan,
and prepare the tract for irrigation,
under the canal system of winter ir
rigation. Echo will be represented at the
meeting next Saturday by Dr. C. J.
Smith, H. C. Willis, Frank Vun Cleve,
I o. D. Teel and J. B. Saylor; walla
Walla by H. E. Johnson and Dr. N
a. Blalock, and Coyote by C. M. War
ner.
It will be the purpose of the meet
ing to select some one man to gather
statistics of the irrigated districts of
Umatilla county showing that the
amount of water which the govern
ment expects to use ln storage reser
voirs is not necessary to the full rec
lamatlon of that land, and to Induce
the government to make surveys for
a system of diversion canals, from the
Umatilla river, through which the
winter floods may be used to reclaim
the tract now Included in the govern
ment reservation. '
It is the belief of practical Irrigat
ors that the government expects to
store more water than is necessary on
that quality of soli, and that falling
to find suitable storage facilities the
engineers will abandon the tract.
The prime object of the commis
sion, to .be appointed at this meeting
is to secure government Irrigation for
the Echo district.
OPENS THURSDAY
GAME TO BE PLAYED BY
PENDLETON TEAMS.
High School Kleven Will Play u Team
ComiMised of Former High School
and Pendleton Academy Students
II lull School Team In Fine Con
dition Scrimmage Will He a Live'
ly One Line-up of the Teums
First of a Series of Gaines.
The first game of football to be
played ln Pendleton this season will
he called at 3:30 o'clock Thursday
afternoon at the Alta street grounds.
The opposing teams will be the high
school eleven and a club composed of
former high school and academy stu
dents. It Is the Intention of the high
school boys to challenge the Hill Mil
itary Academy eleven for a game In
the hear future and the proceeds of
Thursday's contest will be used to
help defray the expenses of the
match.
The high school team 1b In excellent
condition. The opposing eleven con
tains several who have made enviable
reputations on the gridiron In the
past and a fuBt scrimmage Is expected
The line-up, -of the former students'
team follows:
Ralph Coon, center; Bliss Kelley,
fullback; Frank Downey, quarter
back; Sol Baum and George Gray,
halves; Guy Wyrick and James Wy
rlck, ends; Bert Hulley, tackle; Dean
Shaw and Clyde Finch, guards; Vun
Cleve, tackle.
E
HOOD RIVER FRl'IT.
Horticultural Commissioner Gives
Wonderful Statistics of That Dis
trict. In his report to the state board of
horticulture, R. H. Weber, horticul
tural commissioner of the Fourth
District, will embody some interesting
statements concerning the fruit raised
ln the vicinity of The Dalles, says Tha
Dalles Chronicle.
He estimates that 1000 tons of
Italian prunes, valued at $16,000, will
be the output this season, not to In
clude Hungarians which brought
fancy price this year, some of them
netting (4 cents a box. Fifty carloads
of prunes found their way to Eastern
markets, principally ln New York,
Philadelphia and Boston.
Qf peach plums there were about
150 tons, valued at $2260. Of apples,
40,000 boxes, at approximately $30,-
000. Cherries, 80 tons, valued at $$,-
200. Peaches, J5.000 boxes, $16,000.
Grapes, 150 tons. Over 6000 boxes of
pears, $3000. The quince crop is not
large, perhaps 600 boxes.
Have Gone to Portland.'
Evangelist Booker Smith and wife
returned from Pilot Rock this morn
Ing and left on the morning train for
Portland. Mr. Smith preached at the
White school house Sunday morning
and evening, and at Pilot Rock Mon
day evening. Since conducting the
series of meetings last spring at Sal
vation Army hall In tb" place. Mr.
and Mrs. Smith have been In and near
Boise, ln tha evangelical work. At
Boise Mrs. Smith suffered a long
siege of typhoid fever, from which
she 18 slowly recovering.
Petition for Rehearing of Case
of Kalyton vs Kalyton is
Denied.
SlPllKME COVRT CLAIMS
TO HAVE JVRISDKTION.
Case Involving Title lo Heirship Indi
an l4illls on I'ntatllln Reservation,
Rcnclied a Division Last December,
Rut Petition Was Filed for New
lli'iirlug Judge. Moore Renders the
Decision, III Which He Says the
Suite Supremo Court Can Assist ln
Currying- Out the Objects of the
Federal l-aw Covering Indian Land
Titles.
A decision affecting the heirship to
several thousand acres of lands on
the Umatilla reservation, some of it
very valuable land, has Just been ren
dered by the state supreme court.
Judge Moore rendering the decision,
all the court concurring.
The decision referred to was ln the
case of Agnes Kalyton, by Louise Ka
lyton, her guardian ad litem, appel
lant represented by T. G. Hniley, vs.
Mary Kalyton et al., respondent, rep
resented by H. J. eUun. The case
reached a decision last December by
the state supreme court on an appeul
from I'matllla county. Then a peti
tion for a rehearing was filed by the
appellant, which petition raised the
question of Jurisdiction, which was
not raised In the original case. In the
opinion hunded down yesterday the
supreme court denied the petition for
a rehearing, and ln a full discussion
of the Jurisdictional question reaf
firms Its former decision. After dis
cussion of the act of congress under
which the land upon which the Uma
tilla reservation was allotted ln sev
eralty, and declaring in substance
that the land Is distributed to the al
Jottees and their heirs In case of death
as donees of the government, the
court says:
The law of descent of the estate
being applicable on the death of an
Indian allottee, after the primary
patent or certificate Is Issued, has a
state court Jurisdiction of the subject '
mutter, and Is Its decree, determining
the heirs In such cases valid?
"So long as the United States holds
the lands In trust for Indian allottees,
the title thereto remains In the gener
al government, and the question as to
whether or not a final patent there
for shall Issue Is to be determined by
the secretary of the Interior, thereby
depriving state courts of all jurisdic
tion of the subject matter. If this
were a suit to enforce the trust re
served, the United States would be an
Indispensable party, and as thla can
not be done by u state court, the de
cree rendered herein would be void.
"The determination by a state court
of the heirs of a deceased Indian al
lottee Is not, In our opinion, an execu
tion of the trust. The finding of such
fact Is not an Interference with the
primary disposal of the soil, but Is In
aid of the general government tn pro
tecting the rights of Its trust.
"Thus It was held that where a per
son had taken the Initiatory steps to
secure the title to public land, and re
ceived from the proper officers the
necessary evidence thereof, he was
entitled to the possession of the
premises selected, and for any Inter
ference therewith by another without
legal title or equal equitable claim, a
state court, upon application of the
entrymen would put him In possession
of his rights.
"The rule Is settled In this state
that a person entitled to the possession-
of land the title to which Is In
the United States, will be protected in
his right by our courts, when his pos
session haa been unlawfully disturbed
by another."
. The principle at Issue Is the old
question of jurisdiction of the federal
'and state courts, which has been often
raised, and In many different phases,
although the underlying' contention
has ever been the same. Other
cases, notably that of Parr vs. Dam
aln. are pending Involving the same
issue. The doctrine of concurrent or
Joint Jurisdiction by the federal and
state courts is by this decision sus- .
talned, although the word "concur
rent" Is not used In the language of
the decision. Tbe decision says sim
ply that the state also has Jurisdiction
while no one has ever questioned that
the general government had Jurisdiction.
Terra Cotta Coming.
Three carloads of terra cotta for
the new school houses. Is expected
from Spokane today. May, the con
tractor, is ready to make Immediate
use of It.
Fighters Getting Ready.
Harney Mullen, who agrees to stop
Jack Mitchell before the end of the
10th round In the bout at the Frazer
next Monday evening, went Into train
ing Sunday morning. He is working
out dully at the armory. Mitchell la
working himself Into shape for the
match and expects to go Into the ring
at about 136. "I am going out of my
class to fight Mullen," he said, "but
I expect to put up a good fight and
I believe I can win the go." '
f '
r- , ,
.5'''.
? ' ',
J
f '
!' . :
h ;
i
V.- i
Vs ' i t
j; " )
. r
) ,
S -
; ; '
;- ' ;
( : . J
K ' ' ...
1 4 ' ;
. ,-i
jf . -
';
:.
f: r
ft i -,
.
)
!'.''
1
'i ' ' !
4 ' V '
I ' : :.
li: