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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Feb. 16, 1906)
r OAILYEVENINGEDITION OAILYEVENINGEDITION WEATHER FORECAST Probahly fair tonight and Satur day. Read the advertisements In the East Oregonlan. They come from the most enterprising citizen. VOL. 18. PENDLETON, OREGON, FRIDAY, FEBRUARY 1G, 1906. NO. 5593 TWO SUTSWER E BROUGHT TODAY Insurgents and Regulars of the Pendleton Tribune Will Resort to the Courts. AHGl'MEXTS ARE BEING , HEARD THIS AFTERNOON. IkI(I Petitions fur a Receiver and Al legcH Conspiracy, and Claims Own ership of 4 10 Shares of Tribune Slock uh Against 150 Owned by the Insurgents Also That a Plot Exists to Turn tlio Pbiht Over to the Dem ocratic Parly'; Also Tliat By-Laws anil oitiiT Records Have Been Ta ken Insurgents Make Counter Al-k-gatloiiM. This morning the fight for the con trol of the Pendleton Tribune was taken Into circuit court, and the bit ter dlHpute between E. P. Dodd and his former asaoclateH will evidently be decided by legal proceedings. Two suits were brought simultaneously this forenoon one by the Dodd forces asking for the appointment of a re ceiver, and one by the insurgent directors axklng that the former man ager be required to do numerous things desired by them. After the papers In the case had been filed this morning the matter was postponed until 3:30 this afternoon. IKmIiI's Complaint. In the suit filed by the Dodd forces, and In which the dummy directors and the Pendleton Savings bank are named as plaintiffs and the employe directors as defendants, it Is cited that 4 40 shares of stock iu tho Trib une company are held by the plaint iffs, and that the defendants hold 160 share. However, of these It Is al leged but "1 shares have been paid for. Also, numerous other facts re garding the formation of the company and the affairs of tho past year are given. It is charged by the complaint that for several months prior to February 5, 1908, the defendants consoli-ed to secure control of the paper w tl. thi Intention of changing the pol'ey of the same, both politically and In a busi ness way. In carrying put this de sign It Is said that on a certain day of this month the defendants pre tended to remove E. P. Dodd from the management of the paper and to place the same In the hands of C. W. Myers, a person alleged to be without the ability to run or coniuet the pa per. Urinous Plot Asserted. , ' It Is also stated that for many years the Tribune has been a republican paper, and that its support has come principally from those of that party because of the paper's advocacy of republican doctrines. But that, not withstanding the paper's past posi tions, it Is charged those now in con trol have threatened nnd are at tempting to conduct the paper In the Interests of "that party known rs the democratic pnrty." Also, It Is alleged this will be dune unless hosa now In power are restrained front so doing. It Is also ulleged by the complaint that Mr. Dodd has bewn forcibly eject ed from the office of the c.impo'iy, nnd that members of his board of 11 rectors have been denied entrance to tho same. By-taws Are Missing. It Is further nlleged that on Febru ary 8. 1906, the books of the company were taken by the defendants, nnd that among them was the book con taining the by-laws of the company. It Is claimed that In the by-laws of the company It Is provided, that the president of the company may call a meeting of the shareholders at any time he desires. Accordingly It Is held the recent selection of a new board was legal. On account of the acts of the de fendants, It Is said the creditors of the paper are becoming frightened and threaten to commence attachment proceedings to protect their Interests. Besides H. W. Stewart, who holds a mortgage for $4000, the other credit ors are the Mergenthalor Linotype company, the Hoe Press company, and the Pendleton Savings bank. Receiver Asked. Becauso of the facts alleged the plaintiffs pray that the court will ap point a suitable person as receiver for Would Prohibit Gambling. Washington, Feb. 16. The senate committee on territories order a favorable report on the bill prohibiting gambling of any kind In Alaska, Arizona, In dlan Territory and Oklahoma. Also on a bill authorising a rail road company to build a line from Cordova hay to Eagle and Yukon, but with the subsidy feature stricken out. the company to serve until such time as an advantageous disposition of the assets of the company may be made. Also, an order is asked requiring the defendants to turn over the property of the company and to refrain from Interfering with the operation of the paper. Insurgents' Complaint. In the complaint filed by Attorney A. D. Stlllmnn In behalf of the employe-directors, the resolutions re cently adopted by the employe-directors are given, and It Is alleged that the defendant E. P. Dodd, refused to comply with the same by giving a correct statement of the affairs of the company. Since the formation of the Tribune company it Is said much 'business has been transacted and many notes and accounts accumulated. However, this Is said to have been done solely and exclusively by the defendant without any sufficient record being kept, so that the plaintiffs are now unable to discover the present status of the business. It Is charged that state ments were made by the defendant Dodd that the liabilities of the com pany amounted to between $1700 and 12000, whereas the ledger of the company shows the same to be be tween 13845 and $4927. From all of the facts within their possession the plaintiffs declare that a large Bum of money, more than $3,- 000, is due them from the defendant Dodd, and that he also holds notes and contracts belonging to the com pany. Fraud Is Charged. For the purpose of misleading, cheating and defrauding the plaintiffs It Is alleged that when the Tribune company was formed In 1905. the de fendant declared that the plant was free from all mortgages or liabilities except a certain mortgage held by the Mergenthaler linotype company for a machine purchased of them. Whereas It is alleged that at one time there ex isted a mortgage upon the plant for $4000, the same being held by H. W. Stewart. Though It is said the de fendants have been Informed that this mortgage had been paid, the same Is yet uncancelled upon tho records and consequently Is an Incumbrance upon the plant. It Is also claimed by the employes that the capital stock of the company Is transferable only on the books of the company, and that such Is stated upon the face of the shares. It is alleged that the defendant, E. P. Dodd, Is insolvent and has no prop erty other than his stock In the com pany. Wherefore the court Is asked to require the defendant to turn over all of the accounts of the company and that he be required to answer under oath all material questions regarding the business of the paper. Also, that he be enjoined from transferring any of the stock which he now holds. F E BOTH IllXG, THOUGH OXE GAIXS SHOUT RESPITE. Body of First Was Removed From the Gallows to Muke Itooni for the Second, Whin Notice Was Given Hint Friends of the taller Had Se cured an Attorney for Him Who Would Attempt to Prove That Ills Client Is Insane The Two Hud MurdiTcd Six Persons. Chicago, Feb. 16. Robert New combe, a triple nfurderer, was hanged In the county Jail at 10:44 this morn ing. He murdered his common law wife, Florence Poor, a negrecs, Wnl ter Blue, a negro and killed Sergeant John Shine while resisting arrest. Immediately after Newcombe wns pronounced dead the body was re moved from the gallows and prepared for the execution of John Mueller for the murder of his wife and two chil dren. Mueller had set up the plea that he was a somnambulist and killed his family In his sleep. Just as the preparations for Muel ler's hanging were beginning, former Judge Barnes appeared and asked Deputy Sheriff Peters, who was In charge of the details, to delay the execution. He said he had Just been employed In the case, and would at tempt to prove his client Insane. A stay to 11:30 was granted to permit the lawyer to appeal to the courts. Sanity Looked Into. Noon Peters announced from the gallows that "Mueller's attorneys ap plied for a stny of execution until a Jury can inquire into his sanity. Two Judges refused to grant the stay, the third suggested to ask tho sheriff to allow an examination by mental ex perts. Mueller Is now being examined by Dr. Hugh T. Patrick, professor of nervous diseases In Northwestern uni versity medical school. It will take some time; can't say how long the delay will continue." Pronounced Sane and Hung. Mueller was pronounced sane and hanged at 12:44. He said when Patrick pronounced the verdict, "Very well; If that's the doctor's opinion, I'm ready. I killed my wife and chil dren and am ready to hang for It." HUNG V GLOWS IT INCREASED Suggested by Secretary Root, Seconded by President Roose velt, and Carried Out by Secretary Taft. American Minister to Costa Rica Announces tho Early Completion of the Costa Rlcan Inter-Oceaulc Railroad It Will lie of Great Commercial Value KeHldCH Affording a Tourist Route of Surpassing Interest and Which Has Great Advantages Over the Panuma Routo Statehood Bill Discussed In the Senate,1, Which Adjourns Till Monday Alaskan Rail road Subsidy Proposition Discussed In the House. " Washington, Feb. 1. Military measures for the protection of Ameri can lives and property In China will be Inaugurated by Taft with the full consent of the president, Root having originated the suggestion that the Chinese situation has Justified an In crease of our forces in the orient. The war department has complete sources of Information. It is rumored that General Weston will command the Chinese expedition If one Is made, though General Wood may be In com mand. New Inter-Oceaulc Railroad. Washington, Feb. 16. William L. Merry. American minister to San Jose, Costa Rica, reports the Costa Rlcan government has announced Its Intention of completing this year an Inter-ocean railroad from Llmon to Punta Ronas. Only 25 miles now re main to be constructed. Ho says that on account of heavy grades the road will not be commer cially so valuable as the Tehauntepec road, but Costa Rle will beJ enabled to market her coffee to better ad vantage and make for tourists one of the most delightful trips across the Isthmus, travelers preferring the Cos ta Rica route to the shorter Panama route, because It Is more healthy. Senate Discussed Statehood Rill. Washington, Feb. 16. The senate took up the calendar and the bill pro hibiting the unauthorized wearing of the slgnla of the G. A. R. and other soldier organizations was passed. Promptly at 2 o'clock the joint statehood bill was taken up as the un finished business. Mr. Dick, of the committee on ter ritories, was recognized as the first speaker and he read a carefully pre pared speech In support of the meas ure, especially favoring the consoli dation of Arizona and New Mexico as one state, and of Oklahoma and In dian territory as another. He said that everybody recognized that Okla WILL NOT MAKE BRICK. Penitentiary Output Boycotted by Walla Walla Contractors. Walla Walla, Feb. 16. The brick yard Rt the state penitentiary will not be operated this year nnd thefe Is strong probabilities that owing to the competition that the state has encoun tered from Walla Walla and Weston brick concerns, that the manufacture of brick at the prison will be entirely discontinued. M. F. Klncnld, J. H. Davis and H. T. Jones, the three members of the state board of audit and control, spent yes. terday at the penitentiary Inspecting the affairs of the prison nnd It Is practically decided to close down the brickyard this season. The boycott on penitentiary brick Instituted by Walla Walla builders a year ago, has caused a keen loss of rcvenuo to the state nnd the bulk of Inst year's output still remains unsold. There nro at present 2,539,000 brick on hand at the prison and tho sales do not run over 20,000 a month. At thie rate It would take nearly 10 years to exhaust the supply on hand now. NORTHWESTERN COMING. Big System Snld to Bo Buying Ter minal Grounds. Seattle, Feb. 16. It Is now confi dentially believed that tho Chicago & Northwestern is quietly securing ter minal grounds In this city nnd com pleting plans to extend Its line from Casper, Wyo., to Puget Sound. It has long been the dream of the Vander bilts to have a line extending from the Atlantic to the Pacific, and It Is now almost certain that this dream will be realized within the next two years. The Northwestern had traffic rights with , tho Union Pacific which were supposed to be Inviolate. The Union Pacific broke a part of these agree ments and permitted the Milwaukee certain rights which the Northwest ern resented. Immediately construc tion crews were sent word and the Elkhorn nnd Fremont branch rapid ly pressed forward. When the line had reached Casper, Wyo., tho Union Pacific came to time. It la known that the Northwestern had, when work stopped at Casper, enough material to push the road through to Pocatello, Idaho, and BE III TIE ORIENT ' ."' homa and Indian territory are pre pared for admission and he thought that everyone acquainted with the facts ought to agree that without con solidation, New Mexico and Arizona are not prepared to assume the duties of statehood. The senate agreed to adjourn from today until Monday. Hearing on Lovcring Rill. Washington, Feb. 16. The hearing upon the Loverlng bill to provide fed eral guarantee of the Interest upon the bonds of Alaskan railways was continued today by the house commit tee on territories. A. C. Frost of Chicago, and John Bellalne of Seattle, both of whom are Interested In the Alaska Central rail road, and A. C. Shenstone, of New York, who Is Interested In the Coun cil City and Solomon River railway, appeared before the committee and urged the necessity for government aid for railways. All these speakers devoted much time to reviewing the resources of Alaska, and urged that the development of the territory will be of a permanent nature. They said the extension of the territory's rail way system will be practically Impos sible If the government does not lend assistance by guaranteeing bonds. Miss Roosevelt Is Ross. Washington, Feb. 16. Miss Roose velt spent the most of today with girl friends superintending the decoration of the bridal altar, and Inspecting the presents which continue to arrive. The police arrangements for the wedding were perfected today. Syl veJter, the commander of police, with a detail of a squad of mounted men and foot officers guard the gates. Not even the chief of police has been taken Into the secret of the couple's destination after the ceremony. There Is much speculation, but no one Is sure. Many think they will go south after a week at Mrs. Roosevelt's Vir ginia cottage. would have done so had not peace been declared. Since that time there has been no move to extend the line, but It is plainly seen that considerable activity Is being displayed by the road and a further extension of this line is ex pected at once. It is pointed out that the North western is several hundred miles far ther west than the Milwaukee and can build to the coast about twice as quick. It simply remains for the Northwestern to see what the Mil waukee Is going to do and then begin work. It can then beiu the latter road to the coast. Homo for JaiHinese Wnmen, Seattle, Feb. 16. A home for Jap anese women has been established In Senttle by an association organized for that purpose. Miss Nellie E. Fife, who has done missionary work In Japan, Is In charge. The object Is to care for helpless oriental women, ami to aid strangers and newcomers of that race. , This is the first home of the kind In the United States. Nearly all old and feeble Japanese are re turned to Japan. Seattle Registration Is 21,5.10. Seattle, Feb. 16. The total regis tration of qualified electors for the coming municipal election Is 21,639. The books closed at midnight last night and the rush continued almost up until the last minute. The total registration for the spring election In 1904 aggregated 19,049. Sustain Claim of Immunity Plra. Chlcngo, Feb. 16. Charles W. Ar mour, president of Armour & Co., tes tified today to sustain the packers' pleas of Immunity. Also Arthur Meeker and T. J. Connor were wit nesses. Will Re Burled on an Island. Copenhagen, Feb. 16. King Chris tian's body was taken today to Ros kllde Island, Seeland, the ancient capital of Denmark, where It will be Interred Sunday beside most of the past monnrchs of the country. Japanese Steamer Wrecked. , Yokohama, Feb. 16. The steamer Kuiho Maru was wrecked off Okushl rl and Is a complete loss. W POISON MYSTERY DEEPENS. Not All Partook of the Same Food Were Made Sick. Stockton, Cal., Feb. 16. The poison mystery of the Barnett family be comes deeper. Coroner Bouthworth Is making a chemical analysis of the stomach of James Barnett today, but says there will be no results to an nounce before this evening. He de clares positively that Barnett's death and probably the deaths of two chil dren were caused by some Irritant poison. A strange feature of the case is that the entire family, Including Mrs. Barnett's sister and brother, partook of exactly the same food, and that the three who died and the nurse, Mrs. Hartley, were the only ones made ill. TAGGART GIVEN CUSTODY. Court Will Listen to Mrs. Taggart as Soon as She Returns. Wooster, O., Feb. 16. Captain Tag gart appeared In court today and Bald he didn't know where his wife Is. He said he Is able to care for his boys as soon as he can learn where they are. The court said it would extend clemency to Mrs. Taggart and hear the major's side of the case today and hers later on, or as soon as she returns to the United States. At the close of Taggart's testimony the court awarded him the full cus tody of the hoys, allowing his wife the right to visit the younger. Their Judicial custody remains In the court, which can at any time take the boys from their father. BRINGING THE CREW HOME. Belonged on the Ariadne, Which Was a Total Wreck. San Francisco. Feb. 16. The Paci fic Mall liner City of Panama, arriv ing from the lower coast this morn ing, brought eight members of the crew of the bark Ariadne, Captain Krager, which went ashore and was totally wrecked off Mazatlan the night of January 31. The vessel was bound for Port Townsend. Eight other members of the crew will ar rive In a few days on the steamer Mora. STORMS MAY GO WEST. A Way Out of His Indiana Difficul ties Presents Itself. Indianapolis, Feb. 16. Daniel Storms has been offered an executive position by the Empire Investment company, owners of mines In Nevada, at $12,000 per year. Storms Is now secretary of state of Indiana and Is a controversy with Governor Hanley. He may resign and go west. TO ALSO WANTED IX CANADA FOR OTHER MISDEMEANORS. Accused Was Arrested at Salt Lake by a Detective of the King Detective Agency He is Charged Willi Sell ing III Minnesota l'roMTty Mort gaged In the Dominion, and With lforse Ktcnling May Belong to an Organized Gang of Trading Smug glers. David Hcrron, a detective of the King detective agency of Minneapolis, passed through the city this morning from Salt Lake to Spokane, having In custody Mark Rathdrum, who Is wanted by the Canadian Dominion se cret service in Asslnlboia for smug gling, horse stealing and selling mort gaged property. Rathdrum, with several partners. have conducted a regular smuggling Business between Minnesota and the Canadian provinces and the dominion secret service has been searching for tnem for months. He was finally located by Herron in Salt Lake city and last week Herron left Minneapolis for the Mormon capital to arrest the fugitive. Rath drum was' operating a dray and trans fer business there and was apparent ly resting at east, when Herron found him. Rathdrum, It Is said, mortgaged 10 head of heavy work horses In Canada, and then with the mortgaged proper ty and a half dozen wagon loads of farming Implements and merchandise crossed the Canadian border Into Minnesota and sold tho entire outfit, and left Immediately for the Pacific coast. It Is said that gangs of thieves op erate almost uninterruptedly In the smuggling business between Canada and tho northern states. They buy cheap merchandise in the United States and haul it In wagons by se cret roads Into the new settlements of the Canadian frontier and peddle it among the people, tnklng in return any merchantable stuff that can be secured cheap and then returning, smuggle this stuff into the United States where they have regular cus tomers in the small cities. SMUGGLER MAS MEETING DF Assemblage of Voters Called to Meet at Frazer Theatre Tomorrow at 10 O'clock. HEARTY SENTIMENT IN" FAVOR OF THE MEETING. Many Flattering Letters Received From Different Parts of the Coun try by Chairman A. D. Stlllman. Principal Tasks to Bo Performed Are Discussion of Prospective Can didates and Formation of County Platform Forecast of Platform. Chairman A. D. Stlllman, of tho democratic central Mtnmiti n Umatilla county. Is well pleased with me prospects ror a large attendance at the mass meeting of democrtlo voters which is to be held In this city tomorrow. He has received many flattering and complimentary letters from part of the county indorsing the call ror tne meeting and expressing heart ily the sentiment that tho nitm should meet together and discuss pub lic issues and candidates, as always In the past and follow out the full mean ing of the primary nominating law as well. The meeting will be called at the Frazer theater tomorrow morning at 10 o'clock 'and important business will be transacted, among which will be Itie formation of a county plat form for candidates to make the cam paign upon and the discussion of the various candidates which are. to come before the people at the primary nominating election. The formation of the county plat form is one of the chief tasks to be performed by the meeting aside from electing a new county central commit tee. While a forecast of the platform may be idle and far from the per fected document yet from general sentiment among the members, of the democratic party In the county, it seems probable that strong resolu tions favoring Irrigation of the arid lands by the national government, the passage of a practical, modern Irri gation law by the state of Oregon, the indorsement of President Roosevelt In his forest reserve policy (which Is borrowed from Grover Cleveland.) nnd perhaps a plank demanding the creation of the office of state exam iner of accounts, in order to safeguard public funds, will be among the feat ures of the platform. It is believed that every voting pre cinct In the county will be represent ed, since the Interest In county af fairs is even more keen this year than usual, and voters are studying pub lic questions more and more, In hopes of securing the best public service pos sible. CHICAGO WHEAT MARKET. Quotations From the Greatest Wheat Center In the World. Chicago. Feb. 16. Wheat closed at 83 5-8, corn at 42 7-8 and oats at 29 5-S. McCnll Condition Desperate. Lnkewood, N. J., Feb. 16. John A. McCuU'g condition is desperate. Hla physicians refuse to say there Is no hope, but admit him to be critically 111. King Mcm-lik Is Very 111. London. Feb. 16. Dispatches say King Meuellk, of Abyssinia, is criti cally HI and is considering the ap pointment of a successor. j , - Count Mnde Defendant. Paris. Feb. 16. A writ was served upon Count Bonl de Castellane to day making his defendant In the sep aration proceedings of his wife. Railroad Men llciv. " "" W. H. Ude. traveling passenger agent for the Northern Pacific, with headquarters at Spokane, nnd W. S. Brewster, traveling passenger agent for the Maple Leaf route, with head quarters in Seattle, were In the city today In the interest of their roads. They left over the W. & c. R. this evening for Washington points. Tat Crowe Acquitted. Omaha, Feb. 16. The Jury In the ense of Pat Ornwo im. ed of robbery nnd kidnapping, w aner Deing out 30 hours, brouKht In a verdlpf nf ni e guilty. Until an hour earlier - me jury siooa seven to rive In favor of acoulttnl. Tho fnii.,. of the Jury to convict was whol- " ly uue to Eddie Cudahy's fall- ure to Identify Crowe as the man who kidnapped. DEMOCRATS L,