DAILY EVENING EDITIOH OAlLYEVEHIIiGEDITlOIl Economical, people always read advertising. It helps them prac tice economy. WEATHER FORECAST. Tonight and Friday showers. PENDI.ETOX, OREGON, THURSDAY, APIffJX 103. vol. ia 3JO. 5;i32 mm)) " fl: COUNCIL HAS THE RESPflnSlBILITY Only a Remonstrance bylwo thirds of the Property Own- ers Can Stop Them HAS A WIDE RANGE (OF DISCRETIONARY -POWER. '(The .Body Is Favorable to Macadam, and If .It Electa May Order the Streets .paved by That System Matter Is Temporarily In the Hands of the Street Committee Estimates Were Considered fit. Francis ' Property Retained on the Tax Roll -A New Survey of West Coon Street Was Ordered In Accordance With .Protest Filed. At the meeting of the council last night the question of macadamizing the business streets of the city was agala discussed, and though no ac tion was taken, the matter Is now In such shape that the Improvement will undoubtedly be ordered. During the meeting It developed that the council has power under the law to order the work done. Then, ' should the .property owners be op posed to the Improvement, two thirds of them must remonstrate to the council in .writing within 10 days after the work has been ordered. Should such remonstrance not ap pear, the city may proceed with the work, and collect the cost from the owners. When the above was made known it was taken by the 'council as being the proper way to handle the matter, and when the macadamizing la order ed it will likely be without waiting for a petition from property owners, though It will be subject to their re monstranoe. During the . meeting Contractor .Bade, of Portland, who la familiar with the work that tas been done aU , Walla Walla, informed the council In regard to the work at that place. Ac- eordtng to him . the city furnished the roller and one rock crusher when the work .was done, .though . they were operated by the contractors. The cost of .the macadamising In Walla Walla varied from tl to $1.25 per .foot front for each side of the street. In Athena the cost was 52 cents per foot, as the rock was much more ac cessible. In view of the tact .that the rock .at Walla Walla was secured 11 miles from the town. It Is believed that the expense of macadamizing here will he much less than at that place. Not wishing to take definite action last night the council left the matter with the street committee with In structions to further investigate and report at the next meeting. Fiscal Affairs. The .report of the water commis sion for the pust four years was read at the meeting last night und was or dered placed on file. The monthly report of City Treas urer Hamilton was read and showed a' balance of $43,083.84 to be on hand. The finance committee reported unfavorably on the petition of the Sisters of St. Francis that property owned by them (the old Jacobs block on Alta) be exempt from taxation, and the reason why was given that the land Is not being used for school purposes. The committee's report was adopted. A wholesale liquor license was granted to the Pendleton Cold .Stor age company. The petition of property owners for a resurvey of Garfield street between Haley and Jackson streets was not granted, because It was held by the street committee that the work should be done for the entire street If at all. The protest from the West Court street property owners, published In this paper last week, was presented last night It was signed by 18 resi dents of that district and was granted by the council, a new survey was or dered immediately. Will Widen the Bridge. The report of the street committee recommending that the walk on the west side of the Main street bridge be widened to seven feet, was adopt ed, and the committee' was ordered to advertise for bids for the work. The Robber Get $6000. Churubusco, Ind., April 13. Six masked burglars early this morning dynamited the safe of Candy's bank and secured over $6000. The family was awak- ened by the explosion and nt- tempted to prevent the robbery, e In the shootlhg which followed, Mrs. Gandy, wife of the bank- er, was shot In the neck. Her Injuries are not fatal. The robbers escaped on horseback in different directions. matter of repainting the bridge was also discussed, and such will proba bly be done when the carpenter work is completed. Home time ago the street committee was given power to act In the matter of painting. OFF FOR OKLAHOMA. Roosevelt Caught Two Coons I-at Night of the Hunt. Fort Worth, April 13. The presi dent's special started for Frederick, Okla., at 10 this morning, and will reach there at 3 this afternoon. Ac cording to the schedule the train vll leave for Colorado with the presi dent's party at 8:30 tonight. Teddy Caught Coon. Frederick, Okla., April 13. The president concluded his four-days' hunt In the Indian pasture reserve at noon today. The last wolf chase was made from the camp toward the east line of the reserve, wheer he took dinner and rested. The party is ex pected here at 5 this afternoon. Gov ernor Ferguson and party are await ing the president and will escort him to the train, which will leave at 8:25 tor Colorado. The president Is expected to make a brief speech to the crowds await ing him. Aside from the wolves the party killed 11 coyotes. The pres ident captured two coons Tuesday night and Is in high spirits. SEVEN PRISONERS ESCAPE. Blew a Hole in the Jail Wall With Nitro-Glrcerine. Clarksburg. Vs., April 13. Seven prisoners In the county Jail at Wes ton blew up a portion of the struc ture with nitro-glycerlne early this morning and escaped. Bloodhounds are In pursuit. KUIed 400 in State of Hanoi. Simla, India, April It. Further re ports from outlying districts state the recent earthquake caused 4tv deaths In the state of Mandi. Many hund reds were killed in the Sultanpur .dis trict. TEACHERS MEET AT ILIA WALLA LARUE TURNOUT AND VERY ENTHUSIASTIC, Prcts'dent Penrose Delivered an A Hie A (Wrens Mint Hentloy Continues Her Sertoli on Manual Training- Shortening of the Elementary Course Is Favored Wide Range of Opinions on the Free Text-book Question Superintendent Acker man and "Tlie Tnaclier a a Mis sionary." The teachers' institute which is now being held at Walla Walla, is report ed to be a highly successful meeting and well attended. TeBterday was the third day of th institute and the program was as fal lows: Call to order at 9 o'clock. Hong, "Beulah Land." Miss Reynolds sang a very pleasing solo, entitled, "My Home Is Where the Heather Blows." President Penrose delivered an able .address upon the subject, "The Un solved Problem In American Educa tion." After a short Intermission the work was taken up In sections. Miss Bentley continued her work on "Man ual Training." In another room Prof. Todcr gave an Interesting lecture on the short ening of the elementary course. Prof. Hendrlck, of Whitman Col lege, spoke on "Course of Study In English." In the circuit court room a very Interesting directors' meeting was held. The subject of "Free Text-books" was discussed by Superintendent Ackerman and others. Opinions dif fered greatly on this subject, many of the speakers hardly knowing whe'her they were In favor of free text -books or not. Mr. Ackerman said that he did not favor free books In a state that had a uniform system of books, as In Or egon, but should favor It In Wash ington, where the same books are not used In the various counties. W. G. Hartranft spoke very Inter estingly on the subject of "Centraliza tion of Rural Schools." In the afternoon Mr. Ackerman spoke on "The Teacher as a Mission ary." In part Mr. Ackerman said that the low salaries now paid teachers, and the apparent lack of respect ex tended to this class of persons, was largely due to the apathy and lack of respect among teachers themselves. Every teacher should be a missionary among legislators, school officers and patrons to the cause of education. Mrs. Upplngton sang, "A Dream of Spilng." A. II. Toder gave an entertaining and Instructive reading from "Hall's Adolescence." Mr. Toder criticised the great amount of written work required by many teachers. IWJKTON AGAIN INDICTED. St. Louis. April 13. The federal grand Jury today W-ndict- ed United States Senator Burton, of Kansas, on five counts. Three of the five charges are that he made an agreement with the Rlalto Grain Security Co. to protect other two are that he accepted UTTER FAILURE OF Employers' Associations and Labor Unions Cannot Come to an Agreement. TEAMOTER8 ARE LOYAL TO GARMENT WORKERS. Executive Committee of Federation of Labor May Order Out Affiliated -Unions fat an Attempt to Get Jus tice for the Original Strikers Em ployers' Associations Holding Meet lags to Devise Plans for Continuing the Struggle Progress of Strike Is Characterized by Minor Disturb- Chlcago, April 13. What is consid ered by both aides as a final confer ence In the teamsters' strike adjourn ed this morning, having failed to agree upon any plan by which the strike may be arbitrated. The team sters insisted the garment workers should be considered In any settle ment but the employers refused to arbitrate anything but the teamsters' phase of the dispute. An executive board of the Federa tion of labor will be called to consider calling out the express drivers and affiliated unions with a view to ex tending the strike. The employers also hold a meeting this afternoon to formulate a plan for an offensive campaign. Each side Is determined and bitter. Minor disturbances char acterized the progress -of the strike this morning. MOTION FOR NEW WEBER TRIAL 'Iefendant Looked Worn and Pale and Was Weak. Auburn, Cal., April 13. Adolph Weber, convicted of the murder of his mother, and who Is also accused of the murder of his father, brother and sister, appeared In court today for sentence. When the case was called the prisoner was asked to stand up by the court. He looked pale and worn and had to be lifted to his feet by the sheriff. The defend ant's attorney filed numerous affi davits 'to support a motion for a new trial. At 2:30 the attorney is still argu ing. The prosecution has Intimated Its side does not deem it necessary to file .counter affidavits to anything thus far brought out by the defense. In that event Judge Prewett may dis pose of the motion today and It In freely predicted he will refuse to grant a new trial and will probably pranounoe -the death sentence. CHICAGO GRAIN MARKETS. Quotations Furnished by the Clark Grain Commission Company, lit East Conn Street. Chicago, April 13. May wheat opened t J1.1SV4 and closed at $1.1. Com opened at 48 and closed st 49. Oats, SO hi. There was heavy buying at the beginning of the advance and the market closed with the greatest excitement seen for sev eral weeks. It is expected that a fur ther raise will be experienced before the turn of the tide oomes. HE FOUGHT STANDARD OIL CO. Ohio Man Lost All His Property But 10,000. Marietta, O., April IS. The will of the lote George Rice, who spent his lifetime fighting the Standard Oil company, has been probated here. The entire estate was valued at $10, 000. Rice was formerly a wealthy man. Jumped the Track. Vicksburg, Miss., April 18. An Il linois Central passenger train Jumped the track near Hardee at 12:80 this morning and plunged down an em bankment. Several passengers and members of the crew were Injured, but none are reported killed. Fell From House Rout, H. Dickens, a painter working for C. C. Sharp, fell from the roof of George Mansfield's house this morn ing and was considerably bruised but not seriously Injured. The Oregon building at the Lewis and Clnrk fair has Just been com pleted, it being the first state building to he completed. CONFERENCE 3 them from postal Investigation; the money for these services. RUSSIANS ARE French Authority tor Stating ' That They Are Again Nearly Ready for Battle. LINES APPROACHING , tS NORTH MANCHURIA. Japanese Dislodged rom a Town Cavalry Skirmishing Frequent Rutsdan Agents Hare 145,000 Tons of Coal In Far Eastern Seaports for ItojeHCvenidty'B Fleet Russian Fleet Headed North, Apparently for a French Port German Collier Which Was Detained Has Been Re leased Killed by a Falling Derrick. Paris, -April 12. Captain Rode, the French attache with the Manchurian army, reports the Russian army Is reinforced and now ready to renew the battle. He says the Japanese ad vance guard ia barely 10 miles away, and frequently cavalry skirmishes oc cur. Dislodged the Japanese. St. Petersburg. April 13. Linevltch reports the Russians dislodged the Japanese from their positions at Nan chintsla on April 1L Russian Fleet Going North. Hong Kong. April 13. The British crtjiBer Ipfl. genia telegraphed the na val authorities by -wireless, she pass ed 42 Russian warships 149 miles south of Saigon. The fleet was head ed north. Two Japanese warships passed Cape Rock, Hong Kong, Tues day night, going south at full speed. Headed for a French Port. Singapore, April 13. The steamer Nubia reported this morning that at noon Tuesday she passed a Russian fleet of not leas than 42 vessels in latitude 8 degreea north, longitude 109 degrees east. . The fleet was steaming north at a rate of nine knots, presumably bound for Saigon. Russians Are Coaling. London, April 13. News Is receiv ed here that the Russian fleet en gag ed yesterday In coaling off the Natua Islands, 125 miles northeast of the Anambas group. German Collier Cleared for Saigon. Singapore, April 13. The German collier Hindo, which was refused clearance papers yesterday, was re leased today. The vessel at once left port, heading for Saigon. Renewal of Fighting Expected. Gunshu Ling, Manchuria, April 13. -The Japanese have occupied Tslu liu Chun, northwest of Schuan Mlao- dzy, until better weather prevails. A renewal of fighting is expected short ly. The Raleigh on Watch. Washington, April IS. The navy department Is advised that the cruis er Raleigh sailed from Labuan, Bor neo, for Cuyo, Philippines. The Ral eigh Is watching the movements of the hostile fleets, evidently being In formed of the departure of the Rus sian fleet northward. Gave it Away to Griscom. Washington. April IS. The statu department made public today offic ial correspondence which disclosed the fact that the Jananese govern ment announced to Minister Griscom at Toklo on February 6 of last year the breaking of diplomatic relations with Russia, and assured him that hostilities would not begin until a declaration of, war had been made. Fighting actually began February 8. 145,000 Tons of Coal. Paris, April 13. Herr Bekal, a Russian agent, has, according to a dispatch from St. Petersburg, collect ed 70,000 tons of coal at Saigon. and 60,000 tons at Shanghai, for the use of the Russian fleet Ask to Replace Military Observers. Washington. Anril 13 The nrrnv department has nuked the t?u saint. government to grant permission to replace the two officers of the United States army caDtured hv the Janan. ese at Mukden. Derrick Killed 11 Men. St. Petersburg, April 13. A derrick REINFORCING in the Putiloff lion works fell this afternoon, killing 11 men and injur ing 15 others. Hospital Milp Reinforcing. Saigon, April 13. Rojestvensky's hospital ship arrived here last night to take on provisions, coal and medi cines. She will leave tomorrow to rejoin the main squadron. NEW POINT IN 'FRLSCO MURDER. Brush Found With Which Blood Was , Washed Out San Francisco, April 13. The only new point developed in the Vllardo murder case is the discovery by the police of the store where Torturisi bought the whitewash brush which It is alleged he used in painting out the bloody evidence of the crime. It turns out that at the time it was pur chased the police with bloodhounds were encircling the block In which the murder was committed. The time of the purchase of th brush shaws that Torturisi must have whitewashed the blood splashed walls as late as hours after he Is suppos ed to have committed the murder. FINED SENATOR JONES. Also Must Pay the Costs for Failure to Appear and Testify. San Francisco, April 13. United States Senator Jones was taxed $273 and costs by Judge Murasky this morning for failure to appear as a witness at the trial of a suit for $270, 000 brought by Captain William Ne vllls against William Fleming, which was to have begun last Tuesday. The case is continued until April 24, when further costs will be assessed if the senator still falls to appear. He is now in Canada. ' Mrs. Swift Is President. Washington, April 13. Mrs. Mary Wood Swift, of San Francisco, was today elected president of the Na tional Council of Women now in ses sion here. Mrs. Belinda S. Bailey, of San Francisco, is corresponding sec retary. 1C O. R. ft N. ISSUES CIRCU LAR ON INSPECTION. All Sheep Destined Out of the State Must Have Certificate From Fed eral Inspector Before Being Re ceived for Yardage or Shipment No Coneewaons to Be Granted This Year Distinctions Are Definite and Positive, and the Sheepmen Will Back the Railroad. Agent E. C. Smith, of the O. R A N., has Just received a letter from C J. Minis, livestock agent of the sys tem, giving positive Instructions re garding the shipment of sheep this season. The circular strictly enjoins all agents of the O. R. & N. system to refuse to receive sheep for yardage or shipment unless accompanied by the certificate of the federal Inspec tors, If such sheep are destined for out-of-state points. Last year concessions were grant ed shippers giving them the privilege of dipping at destination, but this season It is imperative that all sheep destined for points out of the state must be dipped once. If known to be clean, and twice if Infected and the railroada will not receive sheep not having certificates from federal au thorities to this effect. Last year several shipments sent out of this state developed scab after reaching Montana, and the Montana authorities have made loud complaint against any further permits being granted to Oregon sheep. It is the intention of the federal In spectors and the railroads to eradi cate every appearance of disease among Oregon sheep and to this end the regulations In making shipments will be strictly enforced In every in stance. Sheepmen are heartily In accord with this regulation, as It is an as sistance In ridding the state of scab. If any exists. WOULD SHUT DOWN SMELTERS. Utah Farmers Ask for Sweeping Re straining Order. Salt Lake, April 13. Papers drawn up today In one of th most far-reach-ing suits in the history of Utah. Farmers In the vicinity of the smel ters here will ask the courts to per. manently restrain all the smelters from operating in Salt Lake valley. If the Injunction Is granted It will par alyze the mining Industry of the Inter-mountain region, throwing thous ands of men out of work. The farmers want the smelters con demned as nuisances and as detrimen tal to crops. Cyrus Barker, of Anaconda, Mont., was killed by his traction engine knocking him down and running over him while he was moving a house. SHIPMENTS WITHOUT OIPPI! JURY RETURNS HTS Beef Trust Investigation Now Working Along Unexpected Side Lines. ALLEGED CONSPIRACY WITH INTIMIDATIONS. Perjury Hay Have Been Included In the Counts Brought Against the Head of a Packing Company and a Trusted Employe of Another A Department Manager Returns From Canada, Is Put Under Arrest and $10,000 Bonds to Appear as a Wit nessMaking It Hot for Standard Oil Company. Chicago, April 13. Two Indict ments were returned by the United States grand jury Investigating the alleged beef trust this morning, and bench warrants were Immediately Is sued by Judge Humphreys for the ap prehension of the persons named in the papers. Strict orders were Issued by the court to keep the names quiet until the arrests were made, The base of the Indictments is aid' to oe conspiracy, ana inumiaaiion oi the allegation. It is rumored the Indictments ln- company and a prominent employe ot another. Edward D. Fish, one of the de partment managers for Schwars ft Sulzberger, who returned from Can ada yesterday, was arrested today and held in $10,000 bonds to appear as a witness before the grand jury- Shovln' Standard Oft. Springfield, 111., April IS. The house today passed to the third read ing the bill making all pipe lines com mon carriers and giving the railroad commissioners power to fix rates. - . r - r DISMISSED FROM THE ARMY. Ladies' Man Makes Trouble and Is Made Trouble. Washington, April 13. The court martial In the case of Captain Georg W. Klrkman, of the 25th infantry, at Port Niobrara, Neb., has sentenced him to dismissal from the army. The principal charge against Klrkman was relations with the wife of a fel low officer. The woman recently committed suicide. Argument Postponed. New York, April 13. The argu- for Nan Patterson to Inspect the min utes of the grand Jury which indicted the actress as a co-conspirator with J. Morgan Smith and wife, was ad journed today by Justice Foster un til tomorrow morning. MONTE KNOWN IN LANE COUNTY Umatilla County Man Had an Unsav ory Record. In speaking of Monte, who has been Indicted for murder for giving arms to Tracey and Merrill, the Eugene Guard says: Charles Monte, who. with Harry Wright, was Indicted by the Marion county grand Jury for murder In the first degree In furnishing the rifles to Merrill and Tracey. who killed sev eral prison guards at the Salem pen itentiary on June 2. 1902. was sent to the penitentiary from Lane county. He was arrested with one Norton by Night Watchman George Croner while attempting to burglarize F. B. Dunn's dry goods store In this city, about five years ago. Harry Wright Is a Lane county boy and is now serving a term in the Washington penitentiary at Walla Will la. He was formerly a convict In the Oregon penitentiary. He was at liberty at the time of the Merrill and Tracey outbreak and It is charged that he passed guns and ammunition over the prison walls. Four hundred Indictments have been brought by the Franklin coun ty. Kentucky, grand Jury against the Standard Oil company for failure to take out a peddler's license In that state as required by a state law. s Colorado Social Event. s Cripple Creek. Anrll 13. Mrs. Samuel Vidleck. the wife of a well known newspaper man who Is chairman of the republican central committee, s shot Mrs. Helen Coulter Dong- s Ins, said to be a society woman s of Colorado Springs. through the heart in a room of the N'.i- e s tlonal hotel this morning. It is s reported she found her husband s in a room with the woman.