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OAILYEVENINGEDITION
M KATHK.lt FORECAST.
Cloudy and occasional threaten
ing tonight and Saturday.
VOL. 18.
PENDLETON, OliEGON, FIJI DAY, DECEMDEll 1, 1905.
NO. 5540
PROTECTS
ONLY
PERFECT TITLES
Those Having Filing Papers
Merely on 0v8rlap Lands
May Forfeit Them.
PROBLEM INVOLVED II V
IRRIGATION SCHEMES.
About Twelve Thousand Acres In
Umatilla County Is Included Within
the Various Project, Government
and Private Increasing Vulues In.
crease tlie Interest In I ho Outcome
or the Struggle for Titles Founda
tion of the Controversy Was Laid In
Federal Ix-glslatlon of 186 A Su
preme Court Decision I Favorable
to the Railroad.
During the past day or two a rep
resentative of the Northern Pacific
land department has been here look
ing up titles to land Involved In the
famous "overlap" case on which last
spring a decision favorable to the rail
read company was given by the su
preme court. After having finished
his labors here the agent left this
morning for Hoppncr, presumably to
look up titles to land In Morrow coun
ty. Regarding the bill that has Just been
Introduced In congress for the relief
of settlors who hold land involved In
the overlap case, he says that the
same will allow thoKe who now have
patents to land to retain the same.
but does not protect those who hnve
filed on lands but have not perfected
title. For the lands that have been
patented the railroad will be gives
scrip with which they may acquire
land elsewhere.
According to the company's repre
sentative, about 1 2,000 acres of the
overlap land In this county comes un
der tho different Irrigation projects
that are proposed for the western fiart
of the county. Some of this Is ander
the east Umatilla project, while the
remainder Is under the Furnish, Max
well and other ditches proposed or
now under construction. In view of
the possibility of the land being re
claimed, the question of title has nat
urally become one of Importance.
R. J. Slater, the local attorney, has
given the subject of the overlap case
considerable study. He stated this
morning that many settlers now hold
land In the overlap section, but have
not yet gotten pntents. Consequently,
If the proposed law only protects those
who have perfected title, great Injus
tice will be worked on the remainder.
History of tlie "Overlap;
The following Is a brief history of
the famous overlap case: In July,
IBS 4, an act was passed granting the
Northern Pacific company every odd
numbered section of land for a dis
tance of 40 miles on each side of their
roadway. At that time the road was
planned to go down the Columbia,
i making Portland the terminus. How
ever, the plans were changed, and In
stead the road wns built from Pasco
to Seattle. Before such was done a
new grant of land wns secured from
the government. A large portion of
the land In the second grant was Iden
tical with that of the original grant.
Also, tho first grant had been enlarg
ed by an addition of 10 miles more
on each side of the right of way. By
a ruling of the department of the in
. terlor the railroad company was al
lowed but every other odd section of
land In the overlap, Instead of every
odd section as had been originally
given them.
This decision was accepted by the
company at the time, nut later they
learned through a similar decision
lhat they might secure their original
claim, and stilt was Instituted. Last
spring the supremo court of the United
fltstcs decided the case In the compa
ny's favor, so that they now have ti
tle to every odd section.
However, In the meantime tho gov
ernment had allowed settlers to file
on lands Involved In the dlsputo, and
as a result many were holding such
claims when the last decision gnve the
binds to the railroad company. Tt
now remains to be seen what will be
the effect ot tho legislation proposed
for the relief of the settlers, who are
in danger of losing their lands as a
result of the decision.
FREIGHT RECORDS BROKEN.
HelKr Crews Working to Limit to
Handle Immense Vnliinin of Bust
newt. The Northern Pacific Is handling
mora than 30 trains a day through
tho Stampede tunnel, keeping 13
helper engine crews constantly on
duty, says a Spokane dispatch. This
rush will not be over before the lat
ter part of December. In the mean
time the single truck line will be
crowded to capacity. Only the fact
that alt the wheat sent out of the cen
tral Washington territory Is given to
the Great Northern at Adrian for
delivery ngaln t,i the Northern Pacific
at Everett permits tho railroad to
handle the Immense volume of busi
ness offering at present.
If the Northern Pacific, with the
present big movement of traffic, were
compelled to handle the central
Washington business over Its own line
a freight blockade would result at
the tunnel that could not be handled
In months.
As It Is the crews on tho mountain
run h ve not had time to give their
engines a rost and are being worked
until compelled to have for rest,
when another crew Is Immediately
put aboard and started out. The rush
of freight over the mountnlns Is one
of tho heaviest the road has ever
known and handled without a block
ade. The helper crews are used be
tween Lester and Eaaton.
The severe tax made upon the
road at the tunnel and all along the
Pacific division shows the stress un
der which tho road Is laboring by the
development of coast traffic and the
necessity that compelled the building
of the line down the north bank of
the Columbia river.
With the ordinary growth of traf
fic of the next -two years the North
ern Pacific would not be able to
handle the traffic over the mountains
with a single track line. At present
all the Portland freight. Including
wheat shipments, Is handled through
tho tunnel and via Tacoma. The
only other method of handling that
traffic would be to deliver It to the
O. R. ft N. at Wallula.
Nearly Three Hundred Delegates.
Shamokln, Pa Dec. 15. The
miners met early this morning. The
report of the credentials committee
shows 291 delegates seated, with 1090
votes.
COURT I1F.I.I THERE XV H
NO EVIDENCE OF GUILT.
Ho Will Retaliate by Involving tlie En
tire La Follette Faction In IJtlgn
tlon, Alleging Conspiracy and Libel
Against Several of tlie Most Promi
nent Men In Wisconsin Polities
There Will lie Strenuous Times 4n
Wisconsin Political Circles Sues for
$2"jfl,a00 Damages to Cluiracter.
Milwaukee, Wis., Dec. 15. Million
aire Charles F. Pflstor was released
this morning at the conclusion of the
presentation of evidence by the pros
ecution in the case In which It Is alleg
ed he stole 114,000 from a Wisconsin
rendering company. Pflster's coun
sel moved the defendant be dismissed
on the grounds of no evidence. The
court granted the motion.
Next will be tried the $250.t0 suit
by PTIster against tho Milwaukee Tree
Press, alleging libel, a suit for conspir
acy against Piper, District Attorney
McGovern and a number of La 'Fol
lette leaders.
Oregon Editor Here.
Martin Ferguson, of Adams, 'Ore.,
editor of the Adams Advance, and a
prominent newspaper man, spent yes
terday In the city on his way home
from a business trip to Ilo. Mr. Fer
guson Is greatly pleased with the
country and states that he believes It
hns the greatest future of any place
In tho northwest. Mr. Ferguson says
that he hns had his eyo on this coun
try for some time and may ultimately
locate here. Lewlston Tribune.
Purchased Sliortliorn Dull.
W. H. Goodman, proprietor of the
Hudson Bay stock farm. In the east
end of Umntllla county, returned last
evening from Hcppner, where he vis
ited the stock ranches of W, O. Minor
for the purpose of selecting a bull for
his Hudson Bay farm. He purchased
a fine ysung shorthorn which will be
shipped over soon after the holidays,
Mr. Goodman Is constantly adding to
his herd of cattlo and now owns the
best bred and most uniformly high
grade cattle In the Inland empire.
Brought to Hospital.
Mrs. John Hampson, of La Grande,
was brought over this morning to en
ter St. Anthony's hospital for treat
ment, and perhaps an operation. Her
husband, who is a well known engi
neer on the O. R. & N., accompanied
her to the city and will remain sev
eral days.
Arrived From Spokane.
Mrs. R. G. Lang came from Spokane
today, Joining her husband here, and
they will at once go to housekeeping
at 777 Thompson street. Mr. Lang
Is a wood turner employed In the Fos
ter mills. The move 1o this place Is
for the benefit of Mrs. Lang's health.
Wanted Right ay.
Tho following articles are wauled nt
507 Marie street, Immediately: Sev
eral pairs of old shoes, old tin cans,
rubber boots, barrel staves, bottles,
carpet rags, two pet cats, a parrot and
a house dog.
The finest Elk temple on the coast
was dedicated nt Bnker Clly Decem
ber 14. Ralph E. Moody, past ex
alted ruler of Portland, delivered the
principal address.
PFISTER
DISCHARGED
BIO BATCH OF INDICTMENTS.
Kansas City, Dec. 15. Indictments were returned by the grand
Jury charging giving of rebates and conspiracy to gain rebates,
against George H. Crosby, genera! traffic manager of tho Burling
ton; George L. Thomas, of Now York, a merchandise broker; L. 10.
Taggart. of New Tork. Crosby's chief clerk; the Chicago & Alton
Railroad company, and John H. Falthorn and F. A. Wann, former
officials of the Cudahy Packing company. Swift it Co., Armour
Packing company, Chicago, Milwaukee & St. Paul Railroad company,
Nelson Morris, Richard Morris and La F. MoitIb, comprising thp
partnership of Nelson Morris Co.; D. H. Kresk A Co., Kansas City
freight brokers.
SECRET AID OBSTRUCTIVE
T
Roosevelt Realizes That the Struggle for Railroad Rate Leg
islation Will Be Protracted and Full of Surprises.
Only a Few Senators Dare Acknow ledge Openly Thnt They Are Opposed
A Campaign of Delay and Trickery Is I.ald Agsliwt the Movement
Ell. Ins Is tn tlie Field With the First Measure, and Claims Integrity of
Motives Special Ilrlvileges to Standard Oil Makes Trouble on the
Isthmus Joint Committee Favors Joint Statehood California ami
Washington Members: Ilcfnsc to Be Bound by Caucus.
Washington, Deo. 15. The presi
dent looking for a long, hard bat
tle to get tho rate regulation he seeks.
The fight may last a year, possibly.
At present the opposition is secret
and underhanded. Even in the senate
not a half dozen are willing to admit
publicly they are opposed.
Flklns declares ha Is trying to carry
out the president's Ideas.
Foraker says the differences arc
technical.
Keane frankly admits he believe
the president Is a demajcowieor erasv.
I Others say they want regulation
j Sadly. .Wall street Is In the same at
titude as last spring, and Wall street
senators are anxious tn serve their
friends.
A campaign ot delay and trickery Is
planned. As a preliminary step the
senators demand delay In the matter
until Christmas.
' Considered tfic Elklns Hill.
The senate committee on Interstate
commerce today considered the Elk
ins rate bill. Elklns explained Its pro
visions. Standard Oil on the Isthmus,
The controversy between Governor
Magnon of the canal rone, and Pres
ident Amador, of Panama, as a result
of Amador's granting the Standard Oil
company an exclusive privilege to lay
MID TO IOOK I.IKE PUTER.
Cleaned Up $18,000 on Bogus land
Certificates.
Snlem. Or., Dec. 15. R. R. Ood-
dard, son of Hiram Goddard, of La
Crosse, arrived this morning, bringing
Hie nate land agent a bunch of bogus
certificates for 70C0 acres of school
land, purchased by Henry Sslger, the
millionaire lumberman of La Crosse,
from a man calling himself Mueller,
who answers the description of s. A.
It. puter, only two months ago. In
addition, he purchased another batch
for 112,000.
Mueller drew $18,000 from a hank
In Chicago and started In to pnlnt the
town red. When arrested towards
morning, he had but $6300 left.
Banker Shot Himself.
New York, Dec. 15. A man about
SO, believed to be Felix Frank, a Ger
man, and a banker in Mexico City,
shot himself In the brain in a restau
rant today. He Is dying, but refuses
to talk.
Mutiny in Far East.
Eydtkuhnen, Deo. 16. Several reg
iments have mutinied and martial law
has been declared near the border of
Afghanistan, where the strikers re
fused to operate either railway or tel
egraph wires.
Register at Lewlskrn.
Washington, Dec. 15. Among the
presidential nominations Is for regis
ter of the land office Thomns R.
Bartlctt, at Lewlston, Idaho.
Lewlstoti, Idaho, will at once put In
two miles of Iron main pipe and 25
hydrants, at a cost of $6615. All In
the residence dlstrtot.
Universal Penny Postage.
Honolulu, Dec. 16. Henlker
Henton, aboard the steamer Ml-
owcra, has received a cable
from Saba, postmaster general
of Egypt, to the effect that
penny postage between tho Unit-
ed Kingdom and Egypt com-
mences December 15, and says
America and France will follow.
Universal penny postage Is ultl-
matcly assured,
a pipe line from Colon to Panama,
through the xone, Is likely to result
In serious complications. Amador al
so granted a Standard OH franchise
for a pipe line from Boycns Del Toro
to David.
The officials argue that the Stand
ard Oil franchises on the Isthmus "nre
Invalid and that the government owns
absolutely the sole right of transpor
tation of all kinds. Even a naUv
carrying a bundle could be arrested
The title acquired by de Lsseps eft me
to the United States
For Joint Statehood.
Late Inst night the conference com
mittee resolution by a vote of 110 to
CS decided In favor of the eveiitlon of
two new states Oklahomn-lndinn
Territory as oneNew Mexico-Arizona
as the other.
Will Not He Bound by Camus.
California and Washington republi
cans today agreed to refuse to be
bound by uny party agreement or cau
ens for the Joint statehood of Arizona
and Mexico, contending for the single
statehood of both, or of Arizona alone
at this time.
Wants Uniform Legislation.
Carter, of Montana, Introduced a
joint resolution proposing, an amend
tnent to the constitution thnt congress
shall have power to establish uniform
msrrlage and divorce laws.
TWO WERE BOUND OVER.
Jim Bnmhart and Ta-tn-see-nh Mnst
Stand Trial.
.lim Barn hart and Ta-ta-see-ah
both Indians, are now under arrest
for taking liquor on the reservation.
and they will be taken to Portland to
night by Glenn Bushee, deputy United
States marshal.
Last evening Deputy Bushee arriv
ed here with Barnhort, who was Im
plicated by Ta-ta-see-ah when the lat
ter wns examined yesterday morning
On being examined today by Commis
sioner John Halley, Jr., Barnhurt
claimed he had kept the liquor In his
house because he often needed It In
cases of sickness. However, he uc
knowledged securing it in town and
taking It home, which made him
guilty of taking It on the reservation.
Also, Ta-ta-see-ah laid himself liable
by carrying a bottle around with him
when arrested.
CORCORAN C.ETS TEN 1) VS.
Witiniough-Evnng Expected lo Plead
Guilty Tomorro-v.
IVter Corcoran, who polnle l a mm
on n Pendleton bartender several
weeks ago. was g'ven a IO-.Imvs sen
tence In the county Jail for his offence.
At tho time of Ms arrest Corrorun's
n.ime was given ns Wllliunu-. nml he
was said to be a bad man from Idaho.
However, this story was without
foundation, nnd an Corcoran was e l
dm:y a man of peaceable Inclina
tion, he was given a light rentenc; by
Ju lpo Ellis. However, he had already
served severnl weeks in the county
Inll lefore coming to triai.
Aihirt Percy vt'rttmough-Kvans says
he V 111 be rendy for arraignment io
monow, and a p'ea of guilty Is e-pc-iScd.
Insane Man Runs Amuck. e
Cleveland. Dee. 15. William
Ony, recently relensed from an
Insane nsylum. killed his baby
daughter, his 13-year-old broth-
er-ln-law, Harry Flint, and fa-
tally shot Mrs. A. Bennett, a e
nclghhnr. Guy became Insane
through business cares and re-
llglnns mania, and hns been tn
the asylum three times.
"THE STREET" IS EXCITED.
Lunson Battles Alone Willi lliet of
Speculators.
New York, Dec. 15. The eyes of
the world this morning are upon
Amalgamated Copper, In Wall street.
The first quotations are favorable
to lawson, showing a decline of near
ly a point from the 100.25 at closing
Inst night. A further drop to 99 fol
lowed, then It rose to 100.125, when It
fell Immediately to 99 7-8. The de
cline Is tho result of Lawson's bold
front, while every rise Is a result of
his foes' support of the market.
ATTEMPTED MURDER.
IVriM'Irntor Then Suicided lo Avoid
Being Taken In Custody.
Los Angeles, Dec. 15. Swan Swen-
son, a Swedish tailor, battered In the
door of Mrs. Marie Raptiste, at San
Pedro last night and shot her three
times. Inflicting scalp wounds. He
then took refuge in a cottage at Long
P.each. When the marshal went to ar
rest him, Swanson blew out his own
brains.
SUISPHENANT FOUND DEAD.
Just Elected for a Third Term as
Mayor of Astoria.
Astoria, Dec. 15. Mayor J. W. Sur-
prenant, aged 64 was found dead In
bed this morning from heart disease.
He was Just re-elected for a third
term, and was a well known contrac
tor. IIocli Must Hang.
Springfield, 111., Dec. 15. Tlie su
preme court affirmed the Hoch case,
and he will be hanged Februaiy t3.
DEDICATION A
SILL AFFAIR
EAGLES COVER DECEMBER
FIFTEENTH WITH GIOUY
Parade Has- Several Novel Features,
; ami Every Detail Wat Plclaiwsqae
mid In Excellent Taste Excellent
Music by the Eagles Band TIio
Otilcr Han 440 Local Members
Twenty-Five New Members Initial
ed TVsluy Dedication Address by
Del Carey Smith, of Spokane.
Today the Eagles have soared In
Pendleton, the occasion being the ded
Icntlen of their new building on Court
street. The monster parade which
they gave this afternoon Is the great
est affair of Its sort ever seen In Pen
dleton, and it will be an event long
remembered by the local members of
the order. j
The parade was formed in front of
the new building on Court street, and
started soon after 1 o'clock. At the
head of the procession rode John Van
Orsdall, bearing nn American flag.
Accompanying him were K. J. Som
merville. Dr. D. J. McFaul nnd J. F.
Robinson, while W. L. McGInnis, also
mounted, noted as master of cere
monies. Following the horsemen came
an open carriage containing Del Carey
Smith, speaker of the day, J. T. Hln
kle, William Bogort and Colonel J. H.
Raley. Another open cab bore other
distinguished members, and following
came the new Eagles' band, of 15
pieces. The band members -vere at
tired In new uniforms and made a
splendid appearance, marching well.
Following the band came the mem
bers of the order on foot. Tho greater
part of the 440 local members as well
as many visitors from abroad, were in
line, und the entire parade stretched
a distance of several block. As feat
ures, were two vehicles drawn by
Shetland ponies and containing four
or five little children each. ISunners
on the ponies read, "Our Fathers are
Fngles." "Watch Us Grow." At the
rear of the procession was a monster
float bearing a number of stuffed
Eagles, symbolic of the order, which
were presided over by King Conrad
Plntzoedor and a youthful Eagle.
Tho line of march of the parade
was as announced yesterday, with the
exception of a few minor changes.
Though the afternoon was cool for
tlie marchers, the streets wet-:? In
splendid shape, being packed hard by
tlie recent cold weather.
On the morning trains today quite
a number of Eagles arrived from
Walla Walla. Athena. Freewater and
other places nenr by. During the
forenoon a meeting of the local nerle
wns held, and a class of nhout i!5 emi
iliilates were Initiated Into the order.
Following the meeting a public In
spection of the htillillng was held.
At the close of the parade this
afternoon members of the order gath
ered In the new hall, and there the
formal dedication services were held.
The meeting was presided over by J.
T. Illuklc, grand worthy chaplain of
the order. Addresses were given by
evernl local members, while the ded
ication address was by Hon. Del Carey
Smith, of Spokane. The program was
elso Interspersed with selections by
tho band, and lodge odes.
This evening from H:30 until 9
o'clock a band concert will be given
In the hall, which will be followed
by a grand public ball and a bsnqunt
E CALLS II
Governors, Attorneys General
and Comm'ssioners Will
Discuss Insurance.
WILL MEET IN CHICAGO
I1RST OF NEXT FEBRUARY
Rourko Cochran Expresses His Opin
ion of Modern Insurance Method
In the Lower nouse of Congress
and Incidentally Mentions tbe
Rockefeller Fortune Harrison Had
No Faith in Ryan's Protestations)
Thnt He Had All the Money He
Wanted His Motives for Fighting
R)an Were Misconstrued and
represented by Ryan.
Washington, Dec. 16. Thomas V.
Drake, insurance commissioner of the
District of Columbia, has called a
meeting of all governors, insurance
commissioners and attorneys general
to meet In Chicago February 1. 190C
Excoriated In Congress.
Washington, Dec. 15. In the house
Bonrke Cochran spoke at length, ar
raigning the Insurance officials. Ha
declared that high salaried presidents
aro paid for, their ability to swindle
policy holders. Cochran declared the
laws and courts are so administered
it Is practically Impossible to send t
prison a man possessing millions, no
matter how bad, and denominated
Rockefeller's fortune as a monument
to crime.
Ilnrrlman Doubted Ryan.
New York, Dec. 13. E. H. Harrl
man was the first witness in the In
surance Investigation. Hughes Im
mediately plunged into the Ryan ne
gotiations. Horrlman said Ryan toM
him he had made enough money and
now wanted to do something for Um
general public and make a name for
himself. The witness said he doubted
Ryan's unselfish motives and told bios
J
He said Ryan asked his aid in selec
tion of a chairman for the board. Mor
ton was decided upon as a good maa.
Harriman said he received notice
that Morton was elected, without hot
having been notified. The electioa
was while the witness was waiting hi
his office to hear from Ryan. The
first he heard was that Ryan had par
chased all the stock, elected Mortoa
and sent word that Harriman had
been forced out. Harriman was In
censed and said ho promised to caB
at Ryan's office and meet Root
He admitted he threatened to oat
his Influence against Ryan, but denied
It was because Ryan refused to selL
but because he was convinced Ryan's
motives were Impure.
M'COAG WAS ARRESTED.
Charged With Kidnapping ami Asm aft
and Battery.
Gardner, Mass., Dec. 15. Dr. James
McCoag, accused of kidnapping the t-year-old
son of Lloyd A. Hurrows, of
Portland, Ore., whom he decided ta
adopt, was arrested today and gave
ball to appear for examination. He
Is charged by Burrows with assault
ing him, besides kidnapping the child.
DISPLAY OF "DRUNKS."
Spokane Minister Will Collect a tm
of Debauchees.
Blear-eyed "bums" and painted
women are likely to adorn the bar
room windows of the biggest saloon
In Spokane during Chrlstmus week as
a horrible example of what whiskey
will do, says a Spokane dispatch.
Rev. Charles H. Braden, pastor of
the fashionable Grace Baptist church.
In his sermon Sunday night, made a
bitter arraignment of some stuffed
crows who now fill the windows of
the saloon kept by James DurfcH.
who Is perhaps the biggest saloon
keeper In the northwest.
The preacher referred to thorn as
"devils on wings." and expre:M.id a
wish that he might be allowed t
make a fitting window display. He
did not really mean It. but Durkhs
came back promptly with a letter la
which he offered the use of his win
dows to the pastor, without mnoey
and without price. The offer nearly
took the wind out of the minister,
and he hedged over night, but he met
Durkln, and they arrnnged for the
use of all the show windows for
Chrlstmns week.
Rev. Mr. Braden has been over
whelmed with advice and suggestions,
but has not made a definite announce
ment on what he will resort to In sa
loon window dressing. Ho says he Is
considering the display of drunken
"bums" and women of tho street, who
would make a proper exhibition of
what whiskey will do.
Agnes Brink, aged 3 years, wma
burned to death at Tacoma, by her
clothes catching fire from a brush
firs.
CONVEH