DAILY EVENING EDITION WEATHER FORECAST. Fair tonight and Wednesday. Read the advertisement la tbi Bast Oregon lan. They eon the moat enterprlalnf cltlMna. VOL. 18. PENDLETON, OIJEfJON, TUESDAY, DEC12MBEB 12, 1905. NO. 5S.',7 DAILY EVENING EDITION i ;tg) ti OS TASKS F Insists That He is Inexorably Opposed to Admitting' Ori ental Coolie Labor. VOKAKEll INDORSES THE BILL DRAWN BY TILLMAN. Me OomnipnilH It for Effectiveness and Ability, Rut Will Oimmo It on Prin ciple Snuito Expected to Insist on $16,300,000 Canal Appropriation Foraker Will Renew HI Fight Against Single Statehood for Arl ona and New Mexico House Com mittee Cbainnansltips Arc Announc ed Will Po Business Willi Korea Through Japanese. Washington. Deo. 12. Prealdent Rooaevelt today aent a message through Representatives Kahn and Hayes to the Pacific coast people in regard to Chinese exclusion. He says be d wires to make clear thitt he la just as much opposed to the admission f coolies as he ever was, but he be lieves the exempt classes should be given a square deal. If 11 is shown. however, that the exempt classes ap up coming In turn into laborer, then he will favor taking away the open door privileges as far aa concerns them. Indorse Tllhnan' MIL Senator Foraker declared that Sen ator Tillman's bill In the best rate making bill ever Introduced, bat add ed. "I'm not going to vol for It- I don't believe In throwing banquets. He dinputed the right of congress and amid courts of equity have all the powers necessary. During the debate ' Foraker mid he as unalterably op posed to giving the commission power to fix rates. Senate Favor the OriglnaL The senate referred the house canal appropriation bill to the committee o appropriations. It la supposed the measure will be reported to the senate In the original form, asking for $16,600,000 Instead f $1 1,006.000. Favors Separate Statehood. Foraker has renewed his fight against the admission of Arizona and New Mexico as one Mate. Committee Assignment, Speaker Csnnon today announced the following committee assignment California Olllette, chairman of Hvll service reform and appropria tions; McKliiley, Insular affairs; JTnowler, banking and currency and eolnlng, and weights and measures; Kahn. military; Hays, banking and eairrency and Immigration; Ncedham. ways and means; McLachlan, rivers and harbors; Smith, educational and pabllc lands. Idaho French. Immigration and public lands. Montana Dixon, patents, . mines and public lands. Nevada Vandiiser, Irrigation, In dians and public lands. Oregon Hermann, Indian affairs. election of president and members of congress; Williamson, irrigation and mines. Utah Joseph Howell, Industrial arts and expositions, mines and claims. Washington Jones, rivers and har tiers; Cushman, commerce and pri vate land claims; Humphrey, mcr ehmit marines, election No. 3, edu cation, expenditure in agriculture de partment. Korea liailly Snubbed. Prince Mln. of Korea, culled on Secretary Hoot this morning to ascer tain the stnlns of his country here. He wns told Korea is regarded as an independent nation, but America Is eompelled to recognize the preponder ant Influence of Japan. Nomination. The president nominated Crelghton M- Foraker to be marshal of New Mexico, and Nathan V. Harlan, of Nebraska, as United States attorney for division three of Alaska; Earl M. t?ranston, for the district of Colorado; Miles Cannon for register of the land fflec nt North Vaklma, Wash. CHICAGO WHEAT MARKET. Quotations From the Greatest Wheal Market In tlio I'nlted States. Chicago, Dec. 12. Wheat closed to ils yat 85 3-4; corn at 44 1-2, and oats at 30 7-8. I.llliiokiiliinl Wants Damages. Washington, D. C, Dec. 12. A claim of 110,000,000 was laid before the senate today by FalrlmnkH from ex-Queen Llllu okulunl of Hawaii. She wants balm for bodily and mental suffering and loss ot property during the revolution 13 years ago, and says sho does not ap pear by attorney on account of poverty. OR SQUARE DEAL YAKIMA EXHIBIT MADE MONEY. A Iluuinoo of S.IIM.Rl on Hand for the County. Yakima. Dec. 12. The report of the commission that had rhargn of the Yakima county exhibit ut the Lewis and Clark fair has Just been completed and will be filed with the county commissioners nt the next meeting. This report shows In detail every cent of money that was expend ed by the commission, which was composed of W. I Stolnweg, J. M. Brown end L. B. Klnyon. The Yakima exhibit cost the coun ty 31720.39. The total amount of money expended was $1171.30. Of this amount $2fi0 was paid for liter ature. The total amount received fiom the county was $2500. Bv the sale of fruit and tables after the fair closed the sum of 338.70 was added, making a total of $2538.70. The bal ance to be turned back to the county Is 3581.31. Nine-tenths of the display was paid for by the commission. The growers did not furnish anything free. The very best that was raised In the valley was secured nnd paid for. Hop men, fruit growers. grocers, drnymcn, dairymen, farmers In general, and many merchants shared In the amounts distributed. It Is believed that the money expended by the coun ty will bring good returns. PACKERS ME NOW ON TRIAL WORK OF EMPANELING THE JURY HAS BF.UCX. Commissioner Garfield Refuses) to Re Interviewed, Declaring Ho Reserves III Testimony for the Court and Jury The Defense Socks a Method of roeediire That Would Necessitate- Twenty-One Juries, and Object to iJio Cortrt IVr j burin to Il lustrate tlio Parkers' Slluutlo- Chicago, Dec. 12. Commissioner Garfield was the first witness In tho packers' cases to appear In the dis trict attorney's office. He refused to discuss, saying ho reserved all es tlmnny for the court. , Work of empaneling a Jury began at 10:16. The attorneys consumed a largo .part of the morning arguing the pro posal that each be given a separate trial on each indictment, which would necessitate 21 different Juries. The Judge said two or more robbers, hav ing broken Into & postnffice. could be tried together. The defendants ob jected, saying there was no analogy. The point was still being argued at the time recess was taken for lunch. NEW CLERK TO WARDEN. Political Changes Mnde In Roster of Washington Pen. Walla Walla. Dec. 12. F. M. Burke, formerly city superintendent of schools in Walla Walla, today suc ceeded John G. MefTlyntt as clerk to Warden Kecs at the Ktnto penitenti ary. This announcement was made 1hls afternoon by Warden Kecs. Mr. Tturke asnumed the dories of the po sition this morning, but for a few days vi III be Instructed In hi duties by the retiring cleric. liurko wss slated for the position stxtn after the election of Governor Mead nnd the appointment of A. F. Kees ns warden, and the place has been held temporarily by MeGlynn, with the futl understanding that when the proper time arrived ho would have to make way for Purke, ASSAY OFFICE RECEIPTS. Seattle, (.'old Reerlpts Greater Than Lost Year. The Novcmher receipts at the Unltod assay office amount to $440.- $12.84, say the Seattle News. The receipts for that month In 1904 were 3404. 540. 91). Col. George E. Roberts, director of the mint, is expected to arrive tomor row. He hns been here aevernl times since the assay office was founded. Mr. Leach Is pursuing his Inquir ies Into Adams' transactions. The task Is burdensomo. In one year, the depositors of gold for assay number ed 6800, but In recent years tho range has been from 3000 to 4OA0. With the varied fineness of gold It must be hard to determine whether "black sand" was used and how much. Musical Composer Here. Mr. Elya Croom, of Seattle, com poser of the Lewis and Clark fair "Ex position March," Is In the city for a few days studying Pendleton subjects with a view to composing a song or march In honor of this city. She Is a composer of well known ability, her music having attracted wide no tice at the Lewis and Clark fair. There Is 31.000,000 worth of gold bullion In the Seattle assay office, and Director Roberts, of the United States mint, asks to havo It transferred to the Philadelphia mint and coined im mediately. GEAHI.V WILL BE SENATOR. Private advices from Portland say that John M. Ocarln will be appointed United States senator to succeed John II. Mitchell, de ceased. The appointment will probably be announced In Portland and Salutn tomorrow morning. John M. Oearln is a native son of Umatilla county, having been born In an Immigrant wagon, at a point near the west end of Pen dleton, where Iho old road crossed the Umatilla river. His parents enme to Oregon In 1851 and on reaching the crossing of the Uma tilla river in the uutumn of that yenr a son was born, and tomorrow morning that hoy will be named United S ates senator from Oregon. It is deeply regretted that circumstances were not such that Col. James H. Raley of this city, could have received this appointment, but owing to the recent appointment of Thomas O. Halley of this city to the supreme bench, the appointment of Colonel Raley from this city was rendered Impossible. Had this recent appointment not been made It Is certain that Colonel Italey would have been honored with the appointment to the senate. WiERIWETHER IS FOUND GUILTY Will Be Reprimanded and Confined to the Academy Grounds for One Year. IXH'RT-MARTIALED 1KU THE DEATH OF CADET. secretary inststH Tluu Tliero Was a HeuHonuhle Doubt About liie Imme diate f'uusu of Midshipman Branch's Death, But Insist Hint Meriweth er's Sentence Might Willi Perfect Propriety Have Been More Severe Tluui It Is Ho Condemn Fighting and Say Meriwether Sliould Not Be Excused on the Grounds of Ignor ance. Washington. Dee. 12. The follow ing sentence was passed by the sec re - jtary of the navy on Midshipman Mer iwemer: "To be confined within the limits of the academy for one year, and repri manded by the secretary of the navy." Later Secretary Bonaparte modi fied a part of the sent en se s it will allow the cadet to go on the annual practice cruise. Otherwise he Is not allowed to leave the grounds. Bonaparte said the autopsy tes timony showed a reasonable doultt as to the rause of death being a. blow from a fist or a rail. Tho defendant should be given the benefit of the oouiit. He was found guilty of charges of Infractions of the acade my' rules in engaging In a fight, and assaulting Branch and calling him a sneak and coward. Secretary Bonaparte, discussing the custom of fighting at the aendemy. Bald there could be no such thing as a lawful custom to commit crime, and ald the defendant should not be ex cused on the grounds of ignorance. He said the sentence might well have been more severe, rather than less. WlllaiiKllo Valley Meeting. Judge 8. A. Lowell has Just receiv ed the program for the Willamette Valley congress of farmers and ship pers to be held under the auspices of the Development league at Wood burn, Marlon county, on December 16. for the purpose of securing cheap er rales and better shipping facilities for the farming section of western Oregon. An entertaining program has boen arranged for the meeting. Judge Lowell has been Invited to ad dress the meeting hut will be unable to go owing to business duties which require his attention here at that time. John Baxter of Walla Wallo. has bought the Ritfus Clapp wheat farm near Prescott, paying therefor 320, 000. LAST HONORS PAID Portland, Dec. 12. Representatives from all sections of Oregon today at tended tho funeral of Senator Mitch ell, whclh was tho largest evor held here. The body lay In state in tho city hall from 10 to 12:30, and a constant stream of people passed by It. The council chamber Is draped with crepe and flugs. Tho body was guarded by state mllltla stationed about tho cas ket, which was coverod with the na tional flag, banked with flowers. At 1 o'clock tho casket was borne to the Congregational church where funeral services wero hold an hour later under the auspices of the Elks. Tho ritual for the dead was used In addition to prayer and scripture read ing by Dr. E. I House, the pastor. The choir sang, "Lead, Kindly Light," and "Abide With Mo." From the church to River View cemetery the funeral cortege was con ducted by the Odd Fellow. At tho grave the ritualistic work of tho or der was carrlod out. The casket was placed In tho vault by tho lodge, In M IN ft Determined to Control the Equitable and Sore Because Ryan Would Not Let Him. RYAN TESTIFIES WHEN JEROME SAYS HE MI ST. HnrTlimui Remanded "Right" In the Reorganization Which Ryan Re- fused to Recognise He Wanted to Enlurge tho Board of Trusters In His Intercut and Make All Trustees Support Him Italkcd, Ho Threat ened Ryan Willi All Ills Political Influence ami Announced Ills De termination to Havo HU Own Way In Spite r ObstudCK. New York, Dec. 12. President Ry an of the Equitable, took the stand this morning In the Insurance Investi gation. He assured the committee' he did not mean disrespect to the com nilttee in refusing to answer ques tlons In regard to conversation with Harrlmnn when the latter wanted to participate In the reorganization, but he did not want to answer unless obliged to. He then said the district attorney told him he must answer and he would do so to the best of his rec ollection. Hughes asked Ryan what Hnrrl man said. Ryan replied: "The day of the purchase. Hnrrl- nian. In conversation, and also the day following In a number of conferences. Harrlmnn said he had devoted much time to the Equitable, nnd did not think It right for me to enter the re organization without consulting him. He wanted equal voice In the man agement. I declined to accede to his demand for half the stock. He ob jected to the trustee plan and did not want me to go on without his aid. and wanted to name two trustee be sides Cleveland. O'Brien and Westing house. He wanted them to support Harrlmnn nnd everybody else to, also, bnt he Intended to enrry out his own plans despite objections. "Hnrriman said, as 1 would not agree to his plans, he would use all his political Influence against me. My understanding wns there would he legislative action. I told him I pro posed to go on with the plans and did not want him nor anybody else for a partner. He telephoned me many times, and I finally told him it was useless, ns I would not chunge mv mind." Ryun also sa,d Harrlmnn used no names In speaking of political Influ ence. The conversations were strenu ous. Harrlmnn did not want any out siders brought Into tho situation. The committee thnnked Rynu. United Suites Senntor Dryden, pres JOHN H. MITCHELL accordance with the wishes of the late senator. The honorary pallbearers were George H. Williams, Ben Simpson. C. T. Dolph, F. I. Dunbar, J. Teal. Wil liam Galloway, S. Bennett and Phil Metschnn. Active pallbearers were: Richard Scott, for the Odd Fellows; General Owen Summers, for the Elks; S. G. Fulton of Astoria. T. It. Joy, Thomas A. Jordan, W. It. Galvanl mid F. Lelschnor. M. O. Hall, John H. Mitchell, Jr.. Judge Chapman and wire of Tacomu. Mitchell's son-ln-lnw nnd daughter, represented the family. The Bur association attended In n body, as did the fraternal orders. The attendance was bo large the church could not accommodate all. Flags on all buildings are at half mast, nnd the public school were dismissed out of respect to his memory. Family Will Defray Expenses. In accordance with the usual cus tom, the United States sennte offered to pay Mitchell's funeral expenses to day. The family refused the offer. BUTTINSKY ident of the Prudential, was the next witness. NEPOTISM IX PRUDENTIAL. Everybody in tlie Family Drawing Big Salaries. Dryden admitted rome of his rela tives are employed by the company. His son Is third vice president, son-in-law director, and a nephew is working for 3-'0 a week. He denied hi fam ily and the wards of the family con trolled the company. Dryden's salary Is 365,000; the son who Is third vice president, geta $30, 000. Old Man Shot Himself. Yakima, Dec. 12. Obed Noble of Frultvale, the father of Mrs. U T. CaHtor, wife of the local commission man, committed suicide at 8:30 o'clock tomorrow night. He was con fined to his bed but managed to get up for a moment when no one was In the room and reach a stand, in th drawer of which was a revolver, with which he killed himself. The ball en tered Noble's right temple resulting In Instant death. Dr. D. Rosser. the county coroner, was called and found that the case was plainly one of sui cide caused by 111 health and de spondency. The deceased was 70 years of age and had been In feeble health for some time. He leaves his wife and daughter, Mrs. L. T. Castor, aa his only near relative. YEAR REQUIRED FOR OLD GASES FF.DF.KA1j COURT IS FAR BEHIND WITH ITS WORK. J. S. Beckwlth. lias Been Appointed Sciiil Mastery In Chancery and Will Take Testimony Indian In. lierltHnce Right Are Involved In tievtsrul of the Cases' Which Are Bought From Till County, and Also the Jurisdiction of State Courts in Reservation Affairs WUI EstabUsh Precedent "In the federal court at Portland business Is now being ground out steadily, but It will be a year or long er before Judge Wolverton can fully catch up on cases that have accumu lated," said Attorney R. J. Slater, who returned this morning from Portland. While In the city Mr. Slater attend ied to business In the federal court. and among other thing had J. S. Beckwlth appointed as special master In chancery, to take testimony In cases from this place. There aro four suits that will be heard before him: Smith vs. Bonlfer et al Alice Patawa vs. United States et al., Gulett vs. He- Whlrt et at, and Gulett vs. Mclntyre et al. Testimony In these cose may now be taken at the convenienoe of the parties Interested. However, as the district attorney or a deputy must be present at the time to represent the side of the government. It Is not known Just how soon the cases may he heard. Among the other tilings Involved In the four suits Is the question of cour tesy, or the right of an Indian to all of his wife's land upon her death. While the right tf dower Is not In volved directly in any of these suits, It Is said that should the court hold that the right of courtesy exists, the dower right will also very likely be upheld, though not necessarily so. In the case of Ellen Parr vs. John Damon et al.. It Is Intended to have a demurrer argued Inst Saturday. However, as Judge Fee and Judge Bean, attorneys In the case, had not sufficient notice, the hearing was In definitely postponed. In this case the question of state court Jurisdiction In reservation affairs Is raised, and as a rsult the outcome Is awaited with in terest. With the derision of the cases now pending from the Umatilla reserva Hon the title to considerable land that Is now In controversy will be settled. Most of the litigation is In regard to heirship claims, and when a few ot the enses are decided precedents will be established thnt will make the set tlement of similar cases easy. Suit to Recover. Peter Weet has commenced suit in the circuit court against D. I. Hunter to secure the return of two mares which he alleges were given the de fendant to run In 1S99. and which were never returned to the owner. Should It be Impossible for the de fendant to retuni the mare a Judg ment for $300, the value of the anl mals, Is asked; also six per rent Inter est since 1899. School Has Closed. In rchool district No. 68. southwest of Pendleton, tho term has Just closed. The teacher was Miss Clara Hutchin son. W. C. Foresmnn. deputy sheriff from t.ewlstnn, is In Nei Perce, Idaho, and Is ordering all the saloons on the res ervation that have not taken out a li cense since the decision In the Dick case, to close. Mr. Foresmnn reports that several of the saloons are still running on the reservation, although I hey have been notified to stop. WATERUSERS E s a Necessary Preliminary to Beginning of Reclamation Work by the Government. SEVEN WFI.L KNOWN MEN IN THE ASSOCIATION. Capital Stock Fixed at $.710,000, Di vided Into Nine Thousand Shares at 0 Each Each Share Represents One Acre of Land, and Holding Arc Limited to 160 Acres for Facta Individual Business Will Be for a Time Transacted at Echo and Later at Ilemilstnn, Which Will Be Headquarters All Private Enter prises Are Actively Friendly to tla Incorporation. Echo, Dec. 13. (Special.) Prelim inary steps were taken yesterday afternoon to Incorporate the Umatilla River Water Users' association for the purpose of securing land needed un der the East Umatilla government Ir rigation project. The association will be Incorporated under the names of the following well known Irrigator of this section: J, F. McNaught and H. O. Newport, of Hermlston; D. - C. Brownell, of Umatilla, and H. T. Irwin. L. A. Esteb, Al C. Crawford and Iuls Scholl, Jr.. of Echo. The capital stock of the association -will be fixed at $540,000. divided Into 9000 shares at $60 each. Each acre of land is to represent one share of stock and those coming into the asso ciation will secure one share for each acre surrendered, the limit of hold ings to be 100 acres for one Individual. At present the business of the asso ciation will be transacted at Echo. "faft. later Hermlston will be headquarters for the association. Five director . will be named after the Incorporation, has been Indorsed by Secretary Hitch cock, of the interior department, and the annual meetings will be held In the first Tuesday In September each . year. The work of soliciting subscribers to the Incorporation will now be push ed as rapidly as possible, and there t: scarcely any doubt as to the certain ty of securing the surrender of all the land needed by the government. All the irrigation companies are greatly Interested in the progress of the association and each Is working; diligently to get the matter In condi tion for acceptance by the secretary of tlv Interior. In order that work may begin on the government project at an early date. PRESIDENT OF STATE BOARD. Dr. C. ,T. Smith Chosen to That Im portant Position. Another honor has fallen o a Pan. dleton man In the election of Dr. C J. smitn as president of the state board of health. This wns dnn. a annual meeting of the board, which was neid in Salem yesterday. Other officers elected were Dr. Plercn of sin. lem, vice president, nnd Dr. Yenny, of r-orTiann, secretary. Among the more Imnortant uhWl discussed nt the meeting were those of an open air sanitarium for con sumptives, and the arranzine for rtn. cational work among teachers of the puonc schools. Through tho state su perintendent it Is Intended to h in struction on the subject of communi cable diseases given at teachers' Insti tutes In the future. By such a policy It Is hoped to so Instruct teachers that they may be able to properly handle epidemics when such arise. Regarding an open air sanitarium for consumptives. Dr. Smith says that It is the ultimate aim of the board to have such cases cared for by the state In the same, when stato aid ts desired. Bought tlio Kiisfiiuin Farm. Dan Kemler. the retired irrv l. Just bousht the Eastman farm on' Mc Kay creek, three miles west of the city, and wtl lease It to his son Miles, "ho will occupy It hereafter. The Eastman is one of the best alfalfa and dairy farms In that vicinity nnd Mr. Kemler will Improve It In many ways The f irm consists of 160 ncres and Is on the main road leading to Pilot Hock and the southern Dortlon nt tii county. .. Close Call for Abdul Itiml,l a i Geneva, IVe. 12 The prln- clpal officer of Alhlni of the sultan has arrived here. The fugitive says the sultan rushed in to stop a dispute among the officers. A bullet fired at him was deflected by an Inside coat of mnll w a not know what became of thi T other officers present. INCORPOHAT