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,