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