East Oregonian : E.O., August 05, 1905, DAILY EVENING EDITION, Image 1

- r
f
DAILY EVENING EDITION
OAli:r EVENING EDITION
The mine that, yields pure golA
in large dividend Is K. O. adver
tising. WEATHER FORECAST.
Fair tonight and Sunday.
PENDLETON, OREGON, KATl'RDAY, AUiJUffjTI 1905-
NO. 5428
VOL. 18.
! tr-
EHfOfS OFF
FOR OYSTER BAY
W'ill Be Received by Roose-i
velt and Made Acquainted I
With taoti Other. I
JOURNEY MADE ON J
EPAR.TE CWlNTCItfj. i
I
I
PrMdmlHtJc .IVellng Pervades Iloth i
Commissions an to the Outcome of
Negotiations at Portiuoulli, as It Is
Expected That Russia Will Balk at
All Kui&oHtloiis of Cession of Ter
ritory, or of Indemnity (Jaunt
Fajulite Threaten Many Ituwdnn
Provinces ami May Influence Urn
Negotiations Condition Worse
Titan In 1K01 anil DUO.
Russia's. CoaoeanioiiH.
'Boston, Auk. 6. A special to
the Globe from Gloucester, suys
Bosnia will grant the Japanese
demands, pay indemnity and
eerie Kaghnlian. The contest In
the negotiations will be over
Manchuria, but Russia may
more than recowerthat In the
.next war wltii Japan. The
special declares .ludemnty will
only be a loan, .to -come day be
collected with interest from
"presumptnus llfttle brown men."
Now York. Aur. I. The Japanese
and Russian plenipotentiaries left
bore this morning on two cruisers for
Oyster Bay, where they will meet the
president and be presented to each
nthcr previous to Khelr departure for
Portsmouth, where negotiations will
be opened Tuesday. Tho Japanese
delegation made the trip on the cruis
er Tacoma, and the Russian envoys
were conveyed to their destination
aboard the Chattanooga.
It was with somewhat gloomy fore
bodings that nothing will bo accom
plished that the two delegations left
the city.
Constantino Nakokoff, of the Rus
sian foreign office, when asked
whether Russia wauld agree to a ces
sion of territory 'or payment of Indem
nity, two points on which It la be
lieved Japan will insist, replied: "I
don't think so."
Sato, the Jaiianeso spokesman,
when asked how the prospects looked,
said: "Not very bright, but we are
hopeful."
The Japanese delegates reached the
New York Yacht club pier 20 minutes
ahead of the schedule. A crowd gath
ered near the pier and set up cheers
as iKomura, with a .cigarette between
his lips, alighted from the carriage.
Lieutenant Evans, son of the admiral,
greeted the Japanese. Launches con
veyed 'the party to ihe cruiser Taco
ma. A salute of 19 guns was fired
as they mounted the oompanlonway.
The Tacoma weighed anchor and
starteikup East river.
Shortly before 10 Wltte and party
arrived at tho pier, being received by
Aseietnnt Secretary Pierce. The
launches wcro started without delay,
and salute of 19 runs was fired by
the Chattanooga.
iTiiinnilssloncrs IiuunmIuooiI.
President Roosevelt this afternoon
Introduoed to each other the minis
ters plenipotentiary from tho czar of
Russia and tho emperer .of Japan to
negotiate peace.
Baron iKomura and Minister Taka
hlra came Into tho harbor aboard the
Tacoma; tho Russians came on the
Chattanona.
At about 12:S0 the president left
tho shore In a launch and boarded the
Mayflower. Aa tho president's salute
broke out horn tho forcpeak standard
of the chief .oxocutlvo's vessel.
The Japanese envoys, accempanlod
by their suite, boarded tha Mayflower
as a salute of 19 guns honored them.
They mot the ipresldont In a specially
furnished main cabin and chatted a
few minutes, and then retired to ;mako
way for tho Russians. Wltte, Kosen
and suite went aboard and followed
.the snmo program until greeted by
the president, when tho representa
tives of tho belligerents wore brought
togther and Introduced and ex
changed felicitations and made
speeches. Tho envoys and president
were all clad In frock coats and silk
hats. Tho question of uniform! was
settled last night and It was decided
to wear civilian dross.
Famine In Itamin,
8t Petersburg, Aug. 6. It Is feared
that there will be a recurrence of the
great Russian famine of a few years
ago, when Rev. T. Do Witt Talmage
and a number of Americana visited
this country and distributed provisions
with a bountiful hand. At that time
hundreds of thousands of Russians
suffered because of the shortage of
the crop and tho world-wide relief was
gladly accepted by tho government.
Now, because tho war with Japan Is
on, It Is doubtful whether the gov-'
frnment will ha willing to confess Its
weakness and allow outside aid and
assistance, no mutter how many peo
ple mny he starving I" the Interior of
Russia.
Ai-iiii'liiiK to the reports ut hand
from the province!' there will he a
total failun. of the-crop In many dis
tricts :ind central, eastern and north
ern Russia, and, is a result, the fam
ine In store for the affected districts
will undoubtedly far surpass the fam
ines In the years of 1HH1 and 1HU7.
Hut the misfortunes of the districts
of central, eastern and northern Hus
sla are likely to he nil the worse be
cause the men in the districts men
tioned have been called In ub reserves
and all Ihut remarii behind are wo
men, children and old men, incapa
ble of work anil unable to procure
bread for lhem"lves uml for their
families.
In coiisequei ce. the women of many
villages have revolted and have
marched In crowds, to the legal police
stations, where they declared that they
did not want, to die, and that they
would not leave the central police sta
tions until Ihelr husbands were re
stored to them.
t'p to the present time the govern
ment has maintained an attitude of
absolute inactivity towards ail ot
thtse manifestations, and it Is believed
that not hi! g will be done until, as
usual. It If too late nnd until famine,
typhus and scorbut have broken out.
Warnings to prepare for all eventu
alities and to buy cereuls for the
threatened districts are dally being
received by the ministry of the Inter
ior from the scmatvos, hut the gov
ernment does nothing, and to all In
tents and appearances It would seem
as thou (ill it is relying upon a miracle
to resui rect the burned up crops.
It Is Relieved that representations
of the Z'-mstvos regarding ihe famine
possibilities have been giving the czar
more trouble than all of Ihe other
ideation combined, nnd that they
were the subject i-t several conferen
ce with M. Wllte before the depart
ure of ..M. Wltte for Anwrlea ou his
errand of peace. If the situation
should become too bad it is likely
taut the peace-at-iiii.v-pi W'c policy may
priMe.i home .1 :i 11. WI'i-." and
it..
staff a' the I i-iitv coiiferei.r-.
.PROTESTED AMERICANS.
Imttrn Trade In Cithmii)'
und l"r
Them to Cosrtc.
Berlin, Aug. 5. The Chamber of
"Commerce at Chemnitz is iirotestlng
to the government against the admis
sion of American students to the
technical schools. where they are
(taught the textile Industries, decJaring
It Is hurting German trade by their
returning to America anil using the
knowledge gained here to ' compete
vwith Herman manufacturers.
Ml CQNTBOL
! AY GOVERNMENT
KEVTIMENT OF
roit
AGENT
1,1 IK INsrilWl E
They :ltej;iiiil lnirmil I'oiiiliUiuis
liidor Slate Regulations as an Al
most Helpless Proposition Com
mittee of SH- tall-l Attorneys Will
Investigate rotifrnwtioiuil Limita
tions uml PiHtslhly Recommend a
Constitutional Aimiulnicni fur the
Nmlnl Relief.
Chicago, Aug. 5. Three hours of
discussion of life insurance problems
by the committee of the Iroijuols club
yesterday left only one iiuesllon In
Jho minds of the Investigators. It Is:
"Is congntss authorized under the
present federal constitution to enact
legislation idaclng tho com panics un
der supervision?" Tho possibility of
Improved atate regulations Is not re
garded with no much hope.
A sub-committee of four attorneys,
w ho have made n study of life Insur
ant laws, was appointed to look Into
the Uistlon uf constitutional limita
tions on congressional action nnd to
report to tho regular committee at the
end of two weeks. It Is also request
ed to Investigate any measures to
make more effectual the supervision
of the Blate superintendents.
The committee members will con
fine their attention almost entirely to
learning If the insurance business may
bo classed as Interstate commerce,
and thua enmo under the jurisdiction
of congress. If tho decision Is reached
that tho legislation required Is beyond
their authority, measures for securing
a constitutional amendment will be
considered.
There are now two bills for the fed
eral regulation of insuruuee pending
In congress, one fathered by Con
gressman Morrull uml the other by
Senator Iryden, who suggests a com
prehensive system of control. Neither
nns been acted upon, and the question
of federal Jurisdiction had been pre
sented to the supreme court. It Is to
the support of the latter proposition
that the Iroquois club nnd lis sup
porters probably will turn.
Don't Eoel tlx) Strike.
New York, Aug. 5. Tho following
from tho general passenger agent at
si. Paul, was reoeved at tho offices
In this city of the Northarn Pacific:
"Passengar trains are being operated
practically nil the time. Peel no ef
fects of the strike Assure you good
sendee along tho whole line."
W1U, lll,Vt'KMST
St. Paul, Aug. C. G. T. Slade, general superintendent of the
Great Northern, Issued a statement today I hat striking telegraphers
will not be reinstated after date. He snvs new men will be employed,
beginning Sunday. Old employes will lose seniority by years of
service.
Perham says the men are firm and will not return. Ho claims the
full force of the strike is not yet fell, and the telegraphers are san
guine over conditions so far.
II
T
All the Residents Along the Walla Walla and Tumalum Rivers
Must Defend Their Water Rights
I.lltle Walla TVallu River Irrigation Union Bring Knit Through Attorneys
King ami Itader to Establish Definitely the Water Right of Settlers on
These Scream First Suit (o Be Drought Under New Irrigation Law of
IIM5 aJld Will Bo Watched With Intense Interest.
What Is probably the largest .water
suit ever brought on this coast, when
the intricate questions of fact and le
gal points Involved as well as number
of people Interested are considered,
was filed today In tho circuit court
of Umatilla county by Will H. King,
of Ontario, Ore., who, with Cary M.
Itader, of Walla Walla, appear as
attorneys for the plaintiffs.
This suit is brought by the Little
Walla Walla River Irrigation Union,
for Its stockholders, about 40 In num
ber, consisting of Jonathan Talbcrt,
V. S. Montgomery, G. W. Whorton,
David E. Mobley, J. C. Pritchett, Wil
liam A. Gent, C. H. Boerstlcr, G. J.
Long. Andrew J. Crigler. Nathan G.
Mason. Charles F. Schwald, George
R. Hutch, Etta Hatch. H. IX Stnley,
T. A. rftaley, Howard L. Cauvel. Wil
liam H. Wilmott, Charles Richards.
O. K. Goodman. George Ly.le-11. Jen
nie C. Llndley. Mollie Proebstel, Het
tle Forsyth and Charles D. Hohbs,
Carrie B. Hohbs, E. M. Babcock, A.
S. Hancock. Julia A. Gulllford. George
F. Jones. Elvira Sanders. Charlotte
Tanke, George O. Harshman. Anna
Dunlap. Frank Sullivan, Alice M.
Hohbs. . W. Hansen. Phillip Hoon,
as plaintiffs, against the Finis Irriga
tion company, a corporation; Milton
Irrigation company, a corporation;
"East Side Irrigation company, a cor
poration; Loundagln Irrigation com
pany, a corporation; the Valley Irri
gation Ditch company, a corporation;
Perkins Irrigation Ditch company, a
corporation: Milton City, a municipal
corporation. State of Oregon, and
about 400 settlers and property own
ers on the Wnlla Walla and Tumalum
rivers and all the tributaries and
branches of the Walla Walla and
Little Walla Walla rivers, as defend
ants; being the intention of the par
ties bringing the suit to make all per
sons nnd corporations claiming any
interest In these strenms parties to the
suit, with the view of settling for all
lime the rights of all as against each
other.
The Rights of Uio Plnintiffs.
I The plaintiffs claim to he the old
est settlers and first appropnaiors
of sufficient water to irrigate all
their lands and reside t.elow all the
defendants on whnt Is known as the
Little Walla Walla river; near the
state line between Oregon nnd Wash
ington. Until within the last three or
four years there appeared to bo nn
nrmndance of water for nil and no
complaint was made by tho parties
now bringing this suit; but as the
country has rapidly settled up during
the past few years, the demand has
Increased and more water has been
taken out above the plaintiffs, espe
cially In nnd around Milton, nnd It Is
claimed that lurge quantities of water
are now taken away .from the streams
a great distance, which Is entirely con
sumed In Irrigation and evaporation
and seepage, nnd that the settlers
above have Increased their appropria
tions of recent years, and especially
during the past year until the lower
proprietors. Including the plaintiffs,
are being dried out nnd deprived of
their property through their Inability
to obtain sufficient water supply.
Ijtst March a suit was filed by the
Peacock Mill company making slml
lor charges against about two-thirds
of the same parties, claiming the mills
of tho company were deprived of the
necessary water for power purposes.
Since then trouble over water has
arisen between about CO persons be
tween the Peacock mills and tho par
ties bringing this suit. In which It Is
claimed by the lower proprietors that
great waste and unreasonable and ex
travagant use was being made by the
upper proprietors below the mills.
Drought Under New Law.
This appears to be tho direct cnuso
of the Institution of this suit; but
while bringing the suit It was finally
decided to bring It under the new law
In Oregon, which went Into effect Inst
May. In which It Is provided that the
state may bo made n party, nnd that
when the state Is mado a party to any
still, tho court shall as soon as the
suit Is filed call upon the state en
gineer to proceed without delay and
make a oomplrte hydrographlo sur
vey of the entire stream system
In-
5
IN WATER SUIT
volved, with the view of gathering all
available data to enable the rights of
all to be proerly determined; aim
provides that the decree of the court
when brought under this act, shall
decree the rlghbi of every person
claiming an interest in the stream sys.
tern, whether riparian, prior appro.
prialion, character of the lands,
amount required for irrigation of each
tract, the specific tract to which the
water right shall be appurtenant, and
In ejfeet, settle permanently the rights
of all concerned.
Surveys of Streams to Be Made.
When interviewed upon these
points Mr. King stated that he expect
ed to procure an order of the court
directing the hydrographic survey and
that the state engineer would proba
bly proceed In the near future, which
work will require at least three
months. He thinks this method will
greatly facilitate the trial of the is
sues and enable the court to arrive
at the correct vtatus of all parties as
to their rights to an extent that would
have been impossible under tho usual
method of furnishing evidence in
sucn -cases.
The engineer is expected to furnish
the data showing the amount of wa
ter flowing In the streams, carrying
capacity of all the ditches, amount
and character of lands Irrigated by
each, character of soil and amount of
water required for the various kinds
of soils und different farms, as well
as the amount actually in use. This
will also assist materially In determin
ing who are wasting water, as many
Irrigators use more water than need
ed without knowing it, as is done in
nearly all irrigated sections of the
country.
Enough Water for All.
It is thought probable that when
all these facts are determined and
adjudicated that it will develop that
with an economic use of the water
that tho Walla Walla river and
branches furnish sufficient water for
all, which Is Impossible under the
present "free for all" scramble, which
results In an excess and waste by
some and shortage to others.
Under tho new Oregon law the
state Is given control of all the sur
plus waters of the streams in the
state. Aa these streams have a sur
plus a portion ot each year It was
deemed necessary to make the state
a party, and for tlie further reason
that only could the rights of all be
determined under the law, making the
slate one ot the parties to the suit.
The plaintiffs moke Milton a party,
as they claim, for tho reason that
Milton within tho Inst few years has
Increased Its appropriation for munic
ipal purposes and claims the right to
do so as against the plaintiffs.
This is the first suit to be brought
to settle wnter rights under the new
Oregon law, and when considered with
reference to the members of the cor
porations defendants, Including Mil
ton, not less than S000 persons are af
fected; and no doubt will be watched
with much interest throughout the
arid portions of the Pacific coast
states.
Survey Is Ordered.
lnte this afternoon Judge W. R.
Ellis, of the circuit court. Issued an
order to the state engineer to make
a survey of the streams In question, In
accordance with the state law.
HUSBAND WAS KILLED.
Nevada Kanclicr Shot by Man Who
Eloped With Ills Wife,
San Francisco, Aug. B. W. W.
Stevens, a wealthy rancher of Washoe
county, Nevada, was shot and killed
this morning by Chelltan Bowen while
trying to break Into a room occupied
hy Howen and Stevenson's wife, who
eloped with Bowen two weeks ago.
The wife, who is 25 and very pretty,
witnessed the trngedy.
Miwcs Taylor Not Sentenced.
Attorneys for Moses Taylor made a
motion for a new trial at 4 o'clock
this afternoon. The motion will be
argued before Judge Ellis next Mon
day. It was expected that Taylor
would be sentenced today.
AITEH SUNDAY.
ARE AFTER IIEVBURV.
Idaho Republicans Dissatisfied With i
C'ororat Ion Appointee. i
Boise, Aug. C. From Lewlston .
came rumors of a deenlv embittered '
contest over the appointment of Miles
S. Johnson to be assistant United
States attorney. The story of the
latest developments Is told In a dis
patch from that place as follows:
Determined to fight the appoint
ment of Miles S. Johnson as deputy
United States attorney for Idaho, to
the hitter end, four members of the
republican county executive commit
tee met this evening and a request I
has been wired to Chairman C. M.
Sterns at Nez Perce to call a meeting
of the full executive committee Im
mediately. It Is the declared intention of the
members who attend the meeting
today to take the fight up to President
Roosevelt and to Implicate In as seri
ous a degree as possible Senator Hey
burn. It Is declared that Senator Hey
burn Is a stockholder In the Commer
cial Trust company, that the Commer
cial Trust company holds timber lands
In north Idaho; that Miles C. Johnson
Is legal adviser for the company and
that his appointment was brought
about by Senator Heyburn to protect
their Interests.
CREW MUTINIED.
British Steamer Dundee for Seattle,
Tied Up In Java.
Seattle, Aug. B. Mutiny has broken
out on the British ship Dundee, on
her way to Seattle from Brake, to se
cure a cargo of grain, and her gallant
captain has been forced to put Into
Batavla, Java, to save his life.
The crew gav him orders to make
that port on pain of being thrown
overboard, and he did so. Poor food,
which consisted chiefly of horse meat
and hardtack, It Is claimed by the
men, was the chief cause of the out
break. The captain will try to reach Sing
apore to secure another crew.
Morses Arriving for Races.
Walla Walla, Aug. 5. Racing men
are already beginning to assemble in
Walla Walla for the fall race meet to
be held by the Walla Walla County
Fair association, September 25-30.
Fifteen horses have arrived at the
track the past week to condition for
the fall meets on the Northwest cir
cuit. Eight horses from Seattle and
Yakima stables arrived Tuesday and
several others from Spokane and
Montana points arrived Thursday.
RARRIIN PARTY
0. R. & N.
telegilphi:rs- strike
CAUSES CHANGE IN ROUTE.
Truln Movement Over Ureal North
ern and Northern Pacific is Un
certain and Speclul Train Will Come
West Over O. R. & N., Arriving at
PeJidlitim Some Time Tomorrow
Morning General Manager O'Brien
to Huntington to Meet Chief of the
System.
Because of the telegraphers' strike
on the Great Northern and Northern
Pacific lines, the Harriman special
has changed Its route and will come
west over the Short Line and O. R.
& N. systems nnd will pass through
Pendleton tomorrow morning some
time.
A special train bearing General
Manager O'Brien of the O. R. & N.
passed through the city this afternoon
en route to Huntington to meet the
special bearing the chief of the Har
riman system.
When the Harriman special reached
the connections of the Northern and
Great Northern, it becamo ap
parent that It would be Impos
sible to give It proper service owing
to the demoralization of the train
movement because of the strike, and
consequently the entire western rout
ing ot the party was changed to suit
the new conditions.
The party had planned an outing
In Yellowstone park, side trips to
Coeur d'Alene lakes and numerous
stops In the wonderland of the North
west, but all this Is eliminated from
the present trip and the special will
be hurried to Portland as rapidly as
possible, which will give the party
more time than was scheduled at the
Lewis and Clark fair.
The O. R. & N. engine sent to Spo
kane yesterday to pull the special
from that place to Portland, will be
returned to Umatilla and will bring
No. 2 over tho mountains tonight
Harriman will be Joined nt Hunting
ton hy General Manager O'Brien, and
together tho officials will pass over
the O. R. & N. to Portland.
Seriously Felt at Portland.
Portland, Aug. S. Tha telegraph
ers' strike Is seriously Interfering with
World's fair traffic. All Northern
Pacific trains are hours late. Many
trains are abandoned.
The frst case of violence Is report
ed from Pasco, where a mob beat a
non-union operator, forcing him to
leave.
Contracts have been let for rebuild
ing nearly the entire district of Con
nell, Wash., which was burned.
OVER
ALL LINES WILL
CLOnORROW
Undertakers Refuse to Do
Business, and Most Drug
Stores Follow Suit.
ONE LINE PROHIBITED
BUSLNESS WILL OPEJT.
A Livery Firm Will Do Business, Not
to Test the Ordinance, But to Pay
tlie Fine and so Retain Their Trade
Possible That Some of tlie Re
frcsliment Stands Will Remain
Oirmi Tlie City Council Is De
nounced for Its Childishness on'
Every Hand, and Many Indications
Are Shown of Reaction Against
Them.
Judging from all indications, to
morrow Is going to be one of tho
quietest days from a business stand
point that Pendleton has ever wit
nessed. As a result of the sweeping
ordinance passed by the council at
Its last meeting, practically every form
of business from bootblack stands up
are prohibited from being open for
business. Since the passage of tho
ordinance Marshal Coffman has been
busy notifying the proprietors of th)
various houses of the new law and
admonishing them to obey it. Thisj
they have promised to do for the most
part, but it has been with much
grumbling and choice words for tht
city council that has caused the mis
chief. -f
Apparently not even those place
that are permitted by the ordinance
to keep open will avail themselves of
the opportunity. Both undertaking
sn.l fumitory: rtores tave announced
their intention of remaining closed.,
und most of the drug stores will also
be kept closed according to the pro
prietors. According to the latter It
would be a source of continual an
noyance for them to keep open, and at
the same time sell nothing but drug
or fill prescriptions, consequently they
will take a holiday.
Among the livery stables there la
one at least, that will not heed the
recent law, so they say. It Is that of '
Carney & Kennedy. When asked to--day
If he would remain open, Mr.
Carney said they would and would
conduct their business as usual. Ac-
i cording to him It would be cheaper'
for them to keep open and If arrest--ed
pay a fine, rather than to lose their
laite bunduy business. At least it fs
their Intention to "take a try at It,"
as the senior member of the firm ex
presses It. However, It is not their
Intention to tesi the legality of the
ordinance, but instead to pay the fine.
In this way they will not have their
business Interrupted.
Aside from the above named stable
there are no other places that have
avowed their Intention of running to
morrow, though some of the Ice cream
nnd confectionery stands may con
clude to do so.
All over the city today, as during
the past few days, the principal toplo
of conversation has been the coming
closeu Sunday. Among business men,
clerks, saloon men and the profession
al men as well, the matter has been
discussed and various views express
ed. While all varieties of opinion
exist the general feeling among the
best people ot all classes Is thai the
action of the council was "Infantile,
and such that it will react strongly1
upon that body and the Interests
which It attempted to serve when It
passed the ordinance. Almost every
where is heard the statement that un
less a mayor and council favorable to
higher licenses for saloons and better
regulations of such places cau be
elected this winter, there will be dan
ger from prohibition in the near fu
ture. PREPARING FOR FAIR.
Baker County Grounds Being Iut in
Slutpo fur September Event.
Baker City, Aug. 5. Considerable
work In the line of Improvement Is
now being done on the grounds of tho
Bakor County Fair and Speed asso
ciation, in preparation for the coming
agricultural fair nnd race meet
scheduled to occur here next month.
The track has been put In the best
condition and the grounds cleaned.
The agricultural commission, compos
ed ot five men from the four counties
In the district, are busy making- plans
and completing arrangements tor the
great event and they say that from
letters they are receiving every day
from all over the district from differ
ent persons, they feel confident that
this talr will surpass all others in the
completeness of Its exhibits.
The Interest is becoming manifest
throughout every precinct and some
enthusiastic farmers have already
sent In articles for exhibition. Plans
for the buildings are now being pre
pared. Murdered by Bulgarians.
Constantinople, Aug. 5. Twenty
peasants were murdered by Bulgari
ans of Dolran and Macedonia.