HMU!m '"Mill inn ii iiiimnmainfitif .int.. i., . -. mutk' 1 "
f )
DAILY EVDIIIIGEDITIOII
OAILYEYEHINBEDITIOH
WEATBER FORECAST.
Shower and thunderstorms to
night. Saturday probably shower
and cooler.
Advertising 'Ih -.profitable tread
ling. It Ikeeps you posiod on-where
to nwe i money on your purchases.
v VOL. 18.
PEXDLETON, OHEGOX, FRIDAY, WKY 2(, 1905.
XO. 53(59
11 .STATUTE
SHOULD MIESTEO
State law -Forbidding Sale of
Liquor toilndians is-Stillon
itheiBodks.
nauinr ivnovETro :be
"CLASS i LEGISLATION.'
, ttatil dt 3s IDwUwt That. (it: Is' TJnoon
sjtltutioiml OfThiers -Miuuld i Enforce
It . .1). -HLllfanaii . Ably : Discusses
the HltuaUon an (to SvlHng i Liquor
to .IndUuw In ' the Absence, of Fede
nd Intervention Kindlon . Isi in a
Class by .Iliawrlf .and : Requires
. fcKull IjrgtsLnJtkin tLan- SIhhiUI Be
Errforraxl .WbifcM it i Is. ont the. Books.
Penaiatnn, .May :'U6. (Editor Eaflt
Oregoriian.) In .response Jo . your re
quest Jnr .my ivie-ws on : the laws gov
erning -the -wile of liquor. to Indians,
will say ithnt -Section '1M. Of Bellin
ger and -Cotton's :Oode, -should be en
forced. 'This section .provides that , If
any aw-sori shall without; the author
ity of the (United .States sell, barter
or give do any Indian or half-blood
who lives a tit associates with Indians,
any spirituous, malt or vinous liquor,
such person .upon conviction thereof
shall be cmnfeihed Ijy imprisonment in
the comity Jull .for not less than two
months, cor itnore than six months,
or by fine of mot more tthan. 1 500.
This statute i makes no reference
whatever to whether -such Indians are
Rllotees or not. It describes them as
"Indians" and 'In my Judgment, as a
police regulation, is clear)- within
the constitution of . this -state.
The act of congress of February 8,
1887, construed In the recent decis
ion of the supreme court of the'
United States provides that apon the
. completion of allotments and the pat
enting of th Hands 'to allotees, each
Indian so alloted shall have the bene
fit of, and e subject to, the laws,
both civil and criminal, of the state In
which he resides, and no state shall
pass or enforr any low denying such
Indian the eual pmtectlon of the
law.
This decision does iiiot touch the
: state law on tse -subject and dots not
render that statute -obnoxloua , to the
state constitution.
The dlfferenoe he.tween a .state
, constitution and the constitution of
i the United Stat is that the tate
, constitution is a limitation of power.
while the constitution .of the United
KBtates Is an act Chat confers power.
' In other words, the sttrtc authorities
,ean do nythlng not .piohlbited '.by
. popstltuthm. while the thilted Stakes
' has no power except suoh as Is cor.
rferred by the constitution.
-The Hotted States exeinttsed power
i over Indians so long as rthey were
within the special Jurisdiction and
i under the peclal oontrol of the
lUnilud StatMO. but iteo "by act of
icongress they were placed under the
control of the state, as by the statute
cf tFefcruary K. 1887, and tmade sub
ject to the clvtl and crioadnaJl 'laws of
the stale, the fcderal courts ar that,
at ileust in mlsdtr.neanors. the Indians,
antlithme supplwng them with liquor,
wIN be vimcnnbW- only to the state
lawij.
Wcgltliuntc PtlUeo llcgnfaitloa.
The -state statut prohibiting the
giving -,of 'lliuor to Indians Is a legit
imate ami 1 1 or regulation, Just the same
as th statutes or .ordinances that
prohlhsj the sale of liquor to habitual
drunkawlH, .even though they be eil
rizens, nd aialtled to vole.
'It Is within the poper exercises of
fthelr poHfie fiowers o determine
classes to v'ham the sa1e,or giving of
llvuor will .endanger pece or good
ortler.
The Indian, far as the use of In
toxicating liquor Is concerned, Is in a
class by himself, the same as our
minors and habitual drunkards, or
those of weak or unsound nrdnd. It
Is not necessary for me to suggest the
reason of the difference, but tae is so
nearly the primitive man that the In
toxicants have an attraction for him
under which he Is Just as Irresponsi
ble as a child, even though he nay
have a very sound Judgment on other
questions.
Bight must not be lost of the fant
that so far as I know, our supreme
couit has not passed upon the validi
ty of our statute, and that Is liable to
he attacked on the ground that It Is
"clam legislation," and not a "police"
regulation." While my own views are
as I have expressed them, a majority
of ths supreme court might possibly
hold a different view and decide thai
the statute Is "class legislation," and
so unconstitutional. This doubt will
never be removed until an earnest
nrnsecutinn and conviction la had, and
the question determined once finally
upon appeal.
So long at section 1969 remains on
ih. hook It la the unquestioned duty
of every officer to enforce It, so long
as the appellate court aoes not noia
It unconstitutional.
Yours respectfully,
A. D. 8TILLMAN.
Hyde Wins a Victory.
New York, May 2. lames
H. Hyde won a decided victory
today over President James W.
Alexander, of the Equitable
Life In the declsioa handed
down by Supreme Justice Mad-
dox in Brooklyn, who granted
a temporary Injunction forbld-
ding the Equitable, through the
board of directors, from amend-
Ing the charter so as to give
policy holders a 'right :to vote
when they hold policies of 6.-
000 or more.
CATTLE MARKET ABROAD.
American Fat Stuff In Demand iln
London' and Liverpool.
i Liverpool, May 2t. Cattle supplies
from the states only fairly iarge 'here.
Demand steady. Home supplies rather
large. Prices generally steady. Good
American beeves 12c, the same as a
week ago at this point, against 12 l-2c
a year ago.
American sheep In moderate sup-
.ply and steady at 14c.
London, May 26. Cattle market
fairly active. Moderate arrivals of
American and a good general demand
resulted In a marked' recovery of
values at this point, good States
beeves selling at 13c against 12c a
week ago and 13c a year ago.
GERMAN YACHT LEADS.
American Yacht Second, TOO "Miles
From tlie Start.
' New York, May 26. The steamei
Carpathla arrived today and reports
receiving a wireless message from the
American liner St. Louis, bound from
New York to Southampton May '22,
-stating she sighted the yacht Ham
burg at 7:60 that morning 50 miles
east -of Sandy Hook.
" The order In which the leaders are
sighted now stands: Hamburg, first;
Atlantic, second; Endymlon, ithn-d;
Allsa, fourth.
E
TO CELIIQ
nttrfOKED UMATILLA
COUNTY DELEGATION,
Wnohl.Uoln titci Upriver Do location
rtotlboi -Portage Opening at CoaarB
1 Thttt Is the PropoHlUoii Suggrst
Ml 'to "the Oregon Development
' lMBffUQ and "Which Will Re Drought
Ikffore.Jhe Commercial Association
TomtcbC by Judge Lowell.,
At :theruieetlng of the Commercial
association -tonight Judge S A. Low
ell will present a letter which he has
recelwid ifrom Oliver Lynch, secretary
of the Umatilla Development league.
In regard 'to i the Pendleton delegation
to the -opening of the portage road.
In the litter Mr. Lynch statt-s that he
has beesi informed that a pnrty from
here proposes -to meet the steamer
from Lewlston which will -touch at
(Umatilla .on -the road to Celllo for
It he opening -of rlhe road.
The peple of "Umatilla are wreatly
interested Iln 'thevent, and desire to
hi'.ve a lame -parto- from this county
gi down on the -steamer from 'their
place to witness :the opening; cere
miles. Judge Lotw'II will bring the -matter
bffiire thetComniertfwl association to
nltjnt In hopes -that steps will be
takitm towards havintr a good dele
gation from tK'w place at the opening
ceremony. By itaklng the steamer at
Ummt'.la for CeWlo -the trip would be
made nuch mote Interesting, as but
few tMu- here hs-re had the pleasure
of a trp on the irpper river, as prac
tically io boats have been operated
there mice the advent of the rail
way. HAILKOAD TAXES PAID.
Wnlla WaSa County nnopfrres Check
for $26,700.
What Is perhaps the largest
amount ever paid In taxes by a single
firm or Individual In Walla Walla
was received yesterday by County
Treasurer Hawley from the O. R. &
N. railway for its taxes last year. The
check was for $16,700, says the Walla
Walla Union.
The valuation placed on the road
bed of the O. R. & N. railroad by As
sessor Berryman last year was Jl.
000 per mile. This was reduced by
the county board of equalization to
17600 per mile. When the matter was
taken up before the state board of
equalization the W. & C. R. was clas
sified as a third-class road, but taxes
for county purposes will be paid on
the valuation for a second-class road
while the state's proportion will be
on a valuation as a third-class road.
The credit for the Increase In the
valuation of the railroads of the
county is due to Assessor Berryman.
For the first time In many years
the railroads have failed to take ad
vantage of the saving of the penalty
of three per cent by not paying their
taxes sooner. And while the W. & C.
R. and the N. P. have not paid their
taxes, both roads unquestionably will
do so In the near future.
MY
RUN
BELIEVES IN BKTTEU MORALS.
Brlggson, May 25. (To the Editor) The Earn -Oregonian is get
ting 'better und better right along and the people up here very
highly endorse the paper for the honest and able fight It is making
against gambling and vice. If every newspaper In the country
would come out as strongly and as fearlessly m defense of decency
and morality as 'the E. O. does, all gambling and vice would very
soon beeome only a matter In history. Not wnly in the city of Pen
dleton, but also at every other place. .
I wish I could find some more people here who are not now-
taking the E. O. I would certainly
lfor-one of the cleanest and best
the ipress anywhere. Cordially,
Building Trades Meet Tonight
ToiDiscuss Carrying Out a
vGeneral -Boycott Strike.
BUILDING i INDUSTRIES
BEING RAPIDLY TIED UP.
Ten Hutu Hand 'Mechanics of die
.Building Trades ; Expected to Be
Out by Evening of Today, and Pom
slbta That Many Thousand More
.Will Go Out Tomorrow PrcwKure
.on Authorities Increasing to Order
Out Troops Grand Jury Will Meet
Mmuluy t-Riot Call Turned in Fol
lowing an Attack on Adams Express
Wagon. '
Chicago, May .26. The building in
dustry In Chicago Is rapidly being tied
up by ithe itatnsters' strike. Fresh
complications appeared today in a
sympathetic strike of carpenters and
.other building workmen. At a dozen
buildings ithe contractors . failed In the
alternative of sending back consign
ments of lumber delivered by non
union (teamsters, or of .having strikes
on their hands. In a number of In
stances the lumber was accepted by
the , contractors, -nnd .the workmen
'then quit.
It t .pm-dtutHtl that inearly 10,000
more men will be out before night,
Including -furniture makers, lumber
handlers And carpenters.
The first lumber mill to -shut down
is that nf tthe Landis company, where
40 workmen were laid off. Indica
tions are ithnt If -the -strike continues
the whole building industry .will be at
a standatill.
The employers believe .the police
will be unable to handle the situation,
and pressure on the authorities; to call
out troops Is Increasing.
IttdUOng Vrudew WIU Take a Iliuid.
The Associated Building Trades .of
Cook -county, with a membership of
25,00 of various crafts, .meet .to
night t discuss the question of boy
cotting all buildings where '"unfa Im
material ts met.
Grand Jury Will Meet MwiMluy.
Clarence Darrow, attorney Jor ithe
labor unions, conferred wits States
Attorney Heal? this morning. Imme
diately Healy announced the grand
jury would be In session Monday and
representatives of both mplpyers
and teamsters will be given an impor
tunity to present -evidence In con
nection with the Btrike.
The union officials Intimated they
would make an effort to have Jhe
managers of the express companys
Indicted for alleged blacklisting and
,.msplracy.
At the Injunctions! proceedings he-fm-e
Master in Chancery Sherman this
msxnlng the attorney for employers
again asked that an attachment be
Isswd for President Shea, who failed
to appear to testify in response to
aumwons.
Blot at Canal and Mndlson.
A onowd of 200 strike sympathizers1
early this afternoon attempted to
ortertuns the Adams express wagon
at Canal and Madison. Guards on
the wagan made a display of rifles,
but no shots were fired. A riot call
brought the police, who dispersed
the crowd and made 12 arrests. Sev
eral rioters were severely clubbed by
the policemen. '
Ml
GREAT STRIKE
DECORATION DAY WILL BE. A HOLIDAY
Decoration Day, Tuesday, May 30,
Is to be observed as a holiday in
Pendleton. This .afternoon a petition
was circulated among the business
men of the city, and was signed by
practically all of the more Important
houses. It calls for the closing of the
stores all day, and was signed by the
following: Peoples Warehouse, R.
Alexander, Boston Store, Lee Teutsch,
Sullivan & Bond, Clark & Reese,
Miller Grocery company, Baer A
Daley, Dlndlnger & Wilson, F. S.
Younger & Son, the Bee Hive, Fair
Store, Golden Rule, H. H. Wessel, D.
Kcmler & Son, Owl Tea House,
y i
aflrr
newspapers that ever came from
R. F. JOHNSON.
u
.E10 OF WAR
Japarise Minister of Foreign
Affairs Has No Hope for an
Eaiiy Ending,
JAPAVS ITNAXCtAL
ABILITY SURPRISING.
ImlirafkmH Are. That Rolestvenski'
1 1 of iruinea nttt rim luman
Vemts Anchor Off the English
Port f Shanghai and Cable Cora
mutnratinn Is Cat Oft Report C4r
ruhHrd .at St. Petersburg That
Anmfira Is In the- Market (or the
Ihircluise nf Sagtutliea Island Jew
Maasacses In Volhynia Province.
Tokla, May 2. Baron Koraura,
minister of foreign affairs, in an ad
dress before the Clearing House as
sociation today said the financial
capability of Japan has completely
surprised the world. The war would
last long, he said, aud h trusted
much Id the commercial ability of the
nation taKer the war nded, when
greater prospects will be opened be
fore the country. He advised his
hearers to interest foreign capital in
the country.
Humors .of -Purchase by America.
St. Petersburg, May 28. Persistent
rumors are In circulation that the
American government has proposed
to purchase from Russia the island of
Saghalien. Russia Is reported willing
to sell.
Russian Fleet Near Woosnng.
Tslngtao. May US. The whole Rus
sian fleet has assembled near Woos
ung, and the -German squadron at
Tslngtau Is preparing for eventuali
ties. Butting the Jews.
St. Petersburg. . May 26. A new
reign of terror has broken out In the
province of Volhynia, where the Jews
were recently attacked by the Chris
tians.. Two Jews were killed, and both
factions are arming. Fresh attacks
are likely.
Russian Fleet Divided.
Shanghai, May 26. Seventeen ves
sels of the Russian fleet anchored off
Saddle islands last night and it is be
lieved will coal there and then pro
ceed north. This seems to Indicate
that Uojestvensky has divided his
fleet.
Cable Communication Cut.
London, May 26. A dispatch to
Lloyds says three vessels of the Rus
sian volunteer fleet, the Vladimir,
VoroneJ, Yaroslav and three colliers
have anchored oft Shanghai. The
Great Northern Telegraph company
reports the Chefoo-Shanghal cable as
Interrupted.
Strike at Ixxli.
Lodz, May 26. Twenty thousand
rorkmen have gone on strike here.
Japanese Concentrating.
St. Petersburg, May 26. A dispatch
from the front says the Japanese are
concentrating on the Russian left.
Toklo Is a few degrees colder than
London in January and 15 degrees
warmer In July.
Standard Grocery company, Working
men's Clothing company, B. F. Nich
ols, August Fuhrman, Oliver & Co.,
and Demott & Co.
In the afternoon of that day a ball
game will be played here between
the Pendleton team and the high
school nine. A game was originally
arranged with Weston for that day,
but lost evening the Weston manager
"phoned that the date could not be
kept by them. Aa It wai then too
late to arrange a game with any other
town, It was decided to have a game
with the high school team on that
day.
try get them to subscribe
PREDICTS
Ob
bed Three CliJnaiiien.
Marysvllle, Cal.. May 28. A
workman at a steam shovel
camp at Daguerre Point, 10
miles east of Marysvllle, at
breakfast time this morning be-
come displeased over the meal
served him and attacked the
Chinese cooks, stabbing three
of them with a fork. At least
one of the victims Is expected
to die. The man's name Is not
known here. He escaped with
five laborers In pursuit.
JAPAN BUYING STEAMERS.
Evidently Calculating on Favorable
Ending of the War.
London, May 26. Japan has been
showing great activity of late In buy
ing up second-hand merchant steam
ers, and she is still In the market for
more. It is evident that the Japanese
are looking forward to a great revival
In their trade as soon as the war ts
over, and ship owners who have their
vessels In the East have considerable
expectations.
But apart from that the Japanese
are Inquiring through their agents In
London and elsewhere for suitable
vessels, chiefly iron steamers of 2000
to 3900 tons burden, built In the
eighties, which, being rather below
the standard for European trade, can
be picked up cheap.. Many such have
changed hands this year, and the
present month In particular, has seen
quite a number of old tramp steam
ers transferred to Japan.
The disposal of these steamers Is
ridding the Western freight markets
of a good deal of old tonnage which
can very readily be spared, and will.
if it goes on at the present rate, pro
duce a demand for new boats which
will be very welcome to American and
European shipbuilders.
Baron Rotluicliild Dead.
Paris. May 26. Baron Alphonso
Rothschild, head of the great banking
house, died at 6 this morning.
COUIJJ NOT ATTEND THE ,
PRESBYTERIAN CAMP.
Dr. Henry Vandyke, (lialmutn of the
Committee on Forma and Service),
Recommended a Simpler Form of
Worship, and Draws Some Com
parisons Between Episcopalian
Forms and Some Otliers Asserts
the People Rule Here and That the
President Is Their Servant.
Winona, Ind., May 26. The Pres
byterian general assembly this morn
ing In response to a letter from Sec
retary Loeb In reply to an Invitation
to the president to address the assem
bly, extended a greeting to the chief
executive. Hon. Henry D. McFar
land, president of the board of com
missioners of the District of Colum
bla, again addressed the assembly,
conveying the compliments of the
president.
Dr. Henry Vandyke, the author, re
ported as chairman of the committee
on forms and service, recommending
a simpler form of worship. Vandyke
scored the Episcopal church for Its
liturgy, declaring that Presbyterians
must choose between the Episcola
and Dolly Varden form of worship.
"Episcopalians make a distinction be
tween the people and rulers," said
Vandyke. "In our country the people
are rulers, and the chief magistrate
Is regarded as our servant."
DEATH OF SARAH B. THOMPSON.
Well Known Pioneer Passed Awny
This Morning nt Home of Daughter,
Sirs. Fpple.
Mrs. Sarah B. Thompson, better
known as "Grandma" Thompson, who
has been a resident of this city since
1S85, died at 10:15 this morning at
the home of her daughter, Mrs. Mary
C. Epple, at 113 Long street, after
several years' lingering Illness.
Mrs. Thompson was born In Cam
den, N. C, on November 14. 1819,
and when a child removed with her
parents to Ray county, Tenn), where
she was married to 'Squire Thompson
In 1839, and from where she removed
with her husband to Missouri In 1842.
From Missouri she removed to Ne
braska In 1862, her husband having
died In Missouri In 1S48, and from
Nebraska- she removed to Pendleton
In 1885, where she has since resided,
making her home alternately with
her daughter, Mrs. Epple, and her
granddaughter, Mrs. Charles F. Coles
worthy. She leaves three children, Mrs.
Mary C. Epple of 113 Long street,
this city; Moses H. Thompson of San
ta Monica, Cal.. and Mrs. Mahala
Mason, of Nebraska City, Nebraska.
Twelve grandchildren and seven great
grandchildren survive her. She had
been a consistent and devout member
of the M. E. church since 1848. and
the funeral will be conducted by Rev.
Robert Warner of that church, on
Sunday, at 3:30 p. m. '
ROOSEVELT'S
COMMENT
POM
MEET AT MI
Eleventh Annual Reunion of
the Old Settlers Will Be.
Held June 2 and 3.
TOWN IS ARRANGING TO
GIVE A HEARTY WELCOMK..
The Public Program Will Be Gisar
Under a Pavilion 45x100 Feet
an Annex for the Stage Pri
Lawns Will Be Thrown Open to I
Picnickers, and Everything
to Make all Comers Feel Thoroagfc
ly at Home Round Trip Raflraaaf.
Rate of One and One-third
Varied and Attractive Prograoa..
Weston, May 26. Final arrange
ments for the eleventh annual re
union of the Umatilla County Pio
neers' association at Weston, Juno t
and 3, were made Wednesday after
noon at a meeting of the general
committee.
Everything Indicates the success ot
the reunion. An excellent prograsat
has been prepared, and there will
several features of especial Interest.
Weston will be in gala attire and will
endeavor to hospitably entertain Its
visitors. In accordance with the an
nual custom of residents, private
lawns about town will be thrown
open for the accommodation of piew
nickers.
The exercises will be held In a com
modious pavilion on Broad street. .
fronting- on Main, conveniently ar
ranged and gaily decorated. The pa
vilion will be of canvas, 45x100 Sect
In dimensions, with an annex for the
platform, 12x32 feet.
Dan C. Kirk was appointed marshal
of the day and empowered to appoint
a sufficient number of aides to pre
serve order during the occasion. Hap
pily, the crowds attending these an
nttaKevents at -Weston have aimays1
been well-disposed and peaceable, anal
the officers will doubtless have little
to do.
A special round trip rate of on
and a third fare has been granted by
the O. R. & N. company, for the ben
efit of reunion visitors.
The program Is printed below. Some
changes and additions may be made,
but It will be given substantially as
published. Sunday, June 4. tna
Woodmen of the World will hold me
morial exercises at the pavilion, with
an address by Hon. A. D. Stlllman, of
Pendleton:
Friday, June 2, 10 A. M.
Call to order . . Pres. T. A. Lieuallen
Music .-. . McMinn's orchestra
Invocation Rev. W. S. Payne
Song Weston Olee club
Annual address
. .Dr. W. T. Williamson of Portland
Music Mc'Mlnn's orchestra.
1:80 p. m. Music
i. ..... . McMinn's Orchestra.
Song Weston Glee clan
Calisthenic drill Pupils of E. O.
S. N. a Training School
Vocal Solo .... Miss Ino M. Proctor
Violin solo .". M. H. McMlnn.
Flag drill
....Pupils of Weston public school
"Pop Goes the Weasel". .W. J. Strever
Selection, E. O. S. N. S. Male quartet
Reminiscences Old Pioneer
Music Mc'Mlnn's orchestra.
Amusements.
3 p. m., baseball.
4:30 p. m., balloon ascension, aerial
explosion and parachute drop by Pro
fessors Williams and McClellan.
5 p.' m., street sports and races
Dancing at night.
Saturday, June S, 10 A. M.
Music Mc'Mlnn's orchestra.
Invocation, Rev. A. L. Thoroughman
Song Weston Glee club
Girls' chorus K. O. S. N. SL
Memorial sermon
. . Rev. J. R. N. Bell of Baker City
Music Mc'Mlnn's orchestra
1:30 P. M.
Music Mc'Mlnn's orchestra
Song Weston Glee club
Ribbon drill . . Pupils of Training
school, E. O. S. N. S.
Vocal solo Joseph N. Scott
Old Fiddlers' contest.
Vocal solo .... Miss Ino M. Proctor
Girls' chorus B. O. S. N. 8.
Annual election of officers.
Music Mc'Mlnn's orchestra.
Amusements.
3 p. m., baseball.
4.30 p. m., balloon ascension, aerial
explosion and parachute drop, by Pro
fessors Williams and McClellan.
5 p. m., street sports and races.
Dancing at night.
CHICAGO WHEAT MARKET.
Quotations From the Greatest Wheat
Market in the United States.
Chicago, May 26. May wheat clos
ed at 90 H, corn at 49 and oats at
30H-
A company with 120,000,000 capi
tal has been organized to connect
Lake Erie with the Ohio river by n
canal which will float as large craft
as runs on either.