East Oregonian : E.O. (Pendleton, OR) 1888-current, February 28, 1906, DAILY EVENING EDITION, Image 1

East Oregonian : E.O., February 28, 1906, DAILY EVENING EDITION, Image 1

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Newspaper Page Text0A1LYEVENINGEDITI0N DA1IY EVENING EDITION WEATHER FORECAST Fair tonight and Thursday. Read the advertisements In thf East Oregonlan. They coma from the most enterprising citizens. VOL. 18. PENDLETON, OREGON, WEDNESDAY, rEKBUABY 28, 1906. NO. 5603 DATE SET FDR IE March 10 E. P. Dodd and As sociates Must File a Reply to Their Opponents. ALL ISSUES HAVE BEEN GROUPED FOR ONE CASE. Employe-Stockholders Demand Uic Removal of Receiver Vincent and an Accounting From Him ax Re ceiver Also Ask That Mr. Dodd He Required to Turn Over the Iluxluewi to C. W. Slyer AIho Ask for an Injunction (iovernliiK the DIxohI tlon of the Capital Sunk, and That Stewart lie lteulreil to Interplead. Mach 10 was this afternoon desig nated by Judge'Elli as a date for trial of the Tribune case, and at that time the attorneys for E. P. Dodd and as sociates must file a reply to the an swer recently made by A. D. Stlllman. attorney for the employe-stockholders. The date was set by Judge Ellis after an extended argument between Attor neys Fee and Stlllman, In which the former contended for 80 days In which to make his reply. The demurrer which the Dodd at torneys filed to the suit brought by the employes was overruled by Judge Ellis. All of the points at Issue be' tween Mr. Dodd and his fellow share holders have been condensed Into one suit, and everything will be disposed of when the coming trial Is held. In the answer which the employe stockholders recently made to the suit brought against them by E. P. Dodd, the court Is asked to cancel the order making F. W. Vincent receiver of th Tribune, and to require him to ac count for his actions while serving as receiver, it Is also asked that E. P. Dodd be required to turn over to C W. Myers, secretary of the company all books, notes, accounts, contracts and property of every other kind be longing to the company, and that Mr, Dodd also be required to make a full and fair accounting of all business transacted while he was serving as president or manager of the Tribune company. Likewise, it is asked that Mr. Dodd be compelled to answer un der oath before the court all material questions that may be propounded to him relative to the business or proper ty of the Tribune company. It is asked that all of the plaintiffs, E. P. Dodd, J. A. Fee, John McCourt, T. Q. Montgomery, Arnold Shcuer man, G. W. Phelps, George Perlnger and the Pendleton Savings bank, be enjoined from selling, transferring or In any way encumbering any of the capital stock of the Tribune company until the termination of this suit, and that said capital slock be then dis posed of as may be determined by the Judgment and decree of the court. It Is asked that H. V. Stewart required to Interplead and show what amount is due him upon his mortgage. Also, a temporary Injunction Is asked for bidding Mr. Stewart from seizing any of the property belonging to the com pany until he has so Interpleaded. Henry Judgment Asked. Judgment for $2000 Is asked against the plaintiffs for nllcged In Jury to the business of the company resulting from the acts of the plaint IffH. It Is alleged they conspired to injure the defendant comrftiny for the purpose of depreciating Its stock so that It might be purchased for less than It Is worth and thut their acts have resulted In the utter scandal and Injury of the defendant company. Besides the above. Judgments aslanst E. P. Dodd are asked for In the suuiB of $4900, 12000 and $800. The first sum Is held to be due the company for proceeds of treasury stock which he sold to the other plaintiffs, the same being done when the dummy directors were eieciea. The $2000 Judgment Is asked as the value of certuln contracts which Dodd Is said to possess, and the $800 is for rush said to have been paid Dodd. It is also asked that the plaintiffs be re quired to pay the costs and disburse ments of the suit, and such further re lief as to equity and good conscience may seem meet. Since Saturday evening C. W. My ers, secretary of the Trlbuno company CASE . and manager of the paper, while It i' -n '-was removed from the position of city .''SmAUar hv Receiver Vincent. Up to .' Saturday evening Mr. Myers had been serving in that position at full pay, al though the duties were likewise being Crew and Passengers lost, Cape Henry, Va., Feb. 28. Cape Meredith Partridge and Jack Twohy, and In fact all are lost In the certain destruction of the schooner Grant, which was thrown on the rocks In the storm last night. Life savers repeat edly failed to throw a line over the vessel. performed by Mr. Averlll, who recent ly came from Salem to accept a posi tion on the paper. W. 8. Brown, ex-foreman of the paper, and who recently sold his stock to Mr. Dodd, Is said to have left town last night, being bound for Portland or San Francisco. WAH THREATENS AT ADAMS. V. P. Wallln Said to Have Stood Off the Marshal With a Shotgun. There Is trouble In the town of Adams, and It promises to be almost as fierce as the war that Is now be ing waged between the Portland po lice and Lafe Pence. It Is a dispute that has been waged for some time between W. P. Wallln, a resident of Adams, and the city au thorities, over the matter of a right of way for a pipe line through Mr. Wal lln's property. The trouble came to a head yesterday when Marshal Gar rett of Adams attempted to go upon the disputed ground for the purpose of repairing a break In the water pipe. He was forbidden to do so by Mr. Wallln, who Is said to have been ac companied by a shotgun and to have Informed the marshal that if he came Into the yard he would not do so again, or words to that effect. The warning was heeded by Mar shal Garret, who declares that he does not mind rifles, but seriously objects to being made a target for a shotgun. Later In the afternoon yesterday Mr. Wallln came to Pendleton and District Attorney Phelps had a bench warrant Issued for his arrest However, after a consultation with Mr, Phelps Mr. Wallln was allowed to go, and it Is hoped a peaceful settlement of the trouble will be hald. Should the mat ter be amicably adjusted, no prosecu tion will follow. There Is also a com plaint aglanat Mr. Wallln on the Jus tice's court at Adams, but It Is under stood the charge will not be pressed at present. Mounted and Armed Police, Warsaw, Feb. 28. The government has ordered the organization of mount cd police armed with rifles, on ac count of the frequency of political murders. At Sosonlc, a police set geant was assassinated and two offic ers wounded. Strike Is Not Probable. New York, FVb.. IS. Mitchell says the miners demanda have been mailed to Baer. He thinks Baer will call a meeting of operators. Speculation as to the outcome, the general opinion being there will be no strike. Joint Coal Conference. Pittsburg, Feb. 28. The coal opera tors have decided to hold a Joint con ference with the miners at Mlnneapo Us, March 1. MORE FORGERY OF MOltf SWINDLES LAID TO PVTEU AND M'KINLEY, Otltrr Parties Hold Genuine Titles to the tamls Iescrlhcd in tile Certifl rata Held by Handwriting Expert Win) Accepted Ihcm In Payment of Ills Services lis Witness for the Per sons Who Defrauded Him Victim Also Paid the Swindlers a Cash Bal ance. Salem, Feb. 28. Another bunch of forged land certificates came to the state land department yesterdny, bear Ing the forged signature of Mi L. Chamberlain, clerk of the land board, of date January 1902. There were 16 of them, covering 4800 acres of land In Douglas, Jackson and Malheur counties, and were the property of Frank J. Toland, of La Crosse, Wis., sent here by the God dard'a bank of La Crosse, through Ijudil .1 flush, with some fear of their real character, but with hopes that they might be genuine, Ono of tho Ironies of fato Is appar ent In the latest development of the Puter-McKlnley swindles. Toland Is owner and manager of a business col lege ln La Crosse and an expert ln handwriting. He wns brought out to Portland In 1904 as an expert by Pu ter and McKlnley to controvert the testimony of government witnesses as to the handwriting which was shown to be that of Mrs. Emma Watson at the time the gang was under prosecu tion. It now appears that these fraudu lent certificates were given to Toland to cover the large fees which he earned from them as an expert, com ing all tho way from Wisconsin, but the amount of land conveyed was too much for the debt they owed him, so they borrowed an additional sum from him for Immediate uses. The certificates were returned with the Information nlready conveyed above, that they were forgeries and no good, and that other parties held genuine cetjlficates to the land, duly assigned to them through the same hands which transferred the bogus pa, pera to Mr. Toland, who will now have additional opportunities for be' eomlng a little more "expert" In hand writing. LAND CERTIFICATES COLORADO REQUISITION FOR ST. JOHN. Boise, Idaho, Feb. 28. Secretary Thompson, of the Colorado Mine Owners' association, is here with a requisition for St. John, president of the Burke union. If the grand Jury falls to Indict for murder of Steunenberg, Thompson will take him to Colorado to be tried for the murder of Superintendent Collins, of the Smuglerston mine, Tellurlde. Attorney Miller had an Interview with his former client, Orchard, this morning at Orchard's request. Judge Smith directing the warden to permit Miller to have a private consultation. Miller refused to state the result of the interview. If Orchard has confessed, he will probably tell the same story to the lawyer, thus assisting the Federa tion attorneys to make a defense. The grand Jury will begin taking testimony ln the Steunenberg Investigation tomorrow. RE PROCLAMATION Optional Free Trade Gets a Great Boost, Following Ac tion by Germany, ADMITS SEVEN GREAT GERMAN PRODUCTIONS. Advices Coine From China, Written by M. Rubliausen, That He Expects an Uprising In the Spring, and That tlic Situation Is Extremely Danger ous for European Pekin Is Ini pregnably Fortified Chinese Gov ernment Takes a Hand Toward the PunlHhment of Offenders and to Se cure Reasonable Reparation. London, Feb. 28. A Hong Kong dispatch says the Dowa- ger empress of China is dead. It Is believed here It Is an ex- aggerated report of troubles at the palace. Washington, Feb. 28. The preslr dent issued a proclamation today un der authority of the Dlngley tariff act, reducing, In view of recent action of Germany, the American tariff upon certain German products. The reduc tion affects still wines, vermouth, un distilled spirits, paintings, drawings, pastels and crude tartar. Expects a Revolt In the Spring. Washington, Feb. 28. M. Rubhau sen, former director of the Swiss gov ernment powder factory, who went to China 4o construct powder factories at Pekln and Tientsin writes the work Is nearly completed, and says that Pekln has been made a modern, Impregna ble fortress and other towns strength ened. He says the situation ln China Is ex tremely dangerous for Europeans, and expects a revolt In the spring. Punishment Ordered. Ptkln, Feb. 28. The government hue Instructed the governor of Nan chang to punish all participants ln the massacre, and declares Its willingness to make any reasonable reparation demanded. More Women at Clnicho Trial. New York, Feb. 28. Tho number of women at Clalche trial was In creased this morning. Charitable or ganizations In French society are in terested. Examination of policemen Is continued. Mutt Hasten Packers' Trliil. Chicago, Feb. 28. The court today ln the packers' case urged the attor neys to hasten and "not prolong the trial into eternity." Witnesses were examined ln support of Garfield's con tention that he did not promise Im munity, AugtiNtavo Rrlngs Stilt. . A, D. Augustnvo has brought suit to collect the sum of $230.4 7 and in terest from A. J. Cummlngs. The com plaint was filed today by Carter, Ra ley & Raley. Nine violent deaths, with a long chapter of minor accidents and shoot ing affrays, some of which may yet result fatally, constituted the last Sunday report submitted to head quarters by the police of New York and Brooklyn. CRAZY ANARCHIST TAKEN AT PETAL San Francisco, Feb. 28. "I would as leave kill the president of tho United States or the king of Italy as drink a glass of wine," was the state ment of Tordlnl Bendetto, a self-confessed anarchist who, under guard of Immigration Inspectors Crawford and Schulze, leaves tonight for Washing ton to appear before the board of Im migration. In 1897 Bendetto, Incensed at the MILITIA HELD ' IN READINESS Columbus, Ohio, Authorities Expect a Renewal of Yes terday'b Mob Violence. OHIO CITY WILD WITH THIRST FOR REVENGE. Last Night's Rioting Resulted In De struction of Negro Property, But No Lives Were Lost Trouble Orig inated in tlie Shooting of a Brake mun by Two Negroes, Both of Whom Were Captured, and One of Whom Is in a Hospital Militia Pre vented tlie Zone of Destruction Swept by Drunken Buckeyes Being Larger, and Saved Many Lives. Springfield, Feb. 28 The mayor told this afternoon that he has asked the adjutant gen- eral to send four more compa- nies, and he has Issued a proc- lamution urging all good cltl- zens to remain Indoors. Springfield, O., Feb. 28. Except for the soldiers on guard there are no signs this morning of last night's ri oting. Troops will be held In readl ness at Columbus and Dayton to rush In If the trouble Is renewed tonight. The extent of the negro territory burned Is less than half a block, and no lives were lost. A few were slight ly Injured, but are all right today. Iji.- Night's Disturbances. Springfield, O., Feb. 28. A mob of violence followed the shooting yester day ln the railroad yards by two ne groes of a brakeman named Davis, who Is In the hospital perhaps ta tally wounded. One of the negroes Is also In the hospital. The other negro was taken to Dayton to avoid lynching. The mob of 1000 men and boys marched to the "Jungles" or negro district for the purpose of burning that section. Drunken Rioting. Drunkenness added a feature to the riot. The mob broke through the cor don of police and set fire to several houses and burned them down. Mob of Howling Drunks. Springfield, O., Feb. 28. At mid night six houses, fired by the mob were burning fiercely and police ap parently had lost control of the sttim. tlon. The authorities have succeeded in assembling parts or several militia companies in all about 75 men. At 12:45 the militia seems to be gaining the upper hand, driving the rioters back from the infested see tlon. Another building was fired by the mob Just as the militia got Into action. At 12:45 Sheriff Almoney wired Governor Pattlson: "Send all the troops possible tonight and hold others in readiness for tomorrow." The mob stoned and Jeered the militia, but a show of bayonets sufficed to keep the rioters on the move. A rumor that out of town troops are expected Is having a quieting effect on the mob. Plomvr Sheriff Dead. Eureka, Feb. 28. Sheriff T. A. Brown died suddenly this morning at the court house. Ho was the oldest sheriff In California, and perhaps in the 1'nltcd States, having served since 1860. He crossed the plains In 1849. people of Santa Rosa, started fires which destroyed a large business sec tion, and for which he served six years In the penitentiary. He recent ly made a canvass of Sonoma county threatening the lives of the citizens. He carried a razor and revolver, and remarked he would have the life of the president. He was arrested and Jailed at Petaluma. The federal au thorities then took up the case. UMA ROAD TO JACKSON HOLE. Short Line Will Build Bra lull Linen in Idaho. Salt Lake, Feb. 28. Preliminary surveys are being made by the Ore gon Short Line for Its proposed line through the south fork canyon along the Snake river ln Idaho Into the Jack son Hole country. Several gangs of surveyors are at work at various points In the canyon. A line has been run from Poplar to Elva. It Is said that a grade has been mapped out from the mouth of the canyon Into the Jackson Hole terri tory which will permit the road being built at a maximum cost of $25,000 per mile. A party of 35 engineers Is now at Rlgby, Idaho, awaiting instructions. Another party went to Ashton last week and It is believed they will en gage ln the construction of the Short Line extension to Yellowstone park. There are seven camps of laborers established near Ashton and about 600 men are working on the exten sion to the park. The grade ln sev eral places Is said to be heavier than any encountered by any railroad ln the west. The work has been pushed with all possible haste to have the road completed and ready for opera tion by next September. ATTEMPTED JAIL DELIVERY. Hole Cut In the Roof of the Caldwell Jail Last Night. Boise, Feb. 28. An attempt was made last night to liberate the pris oners ln the Caldwell Jail, In which Tex Clark, charged with murder, and eight others charged with felonies, are confined. When discovered, Just be fore daylight, a hole was cut in the roof large enough for a man to crawl through. It had been done from the outside. The attention of the guards was called to the men getting away. Several shots were fired at the liber ators, but without effect. Suspect Wag at Two Rivers. Caldwell, Idaho, Feb. 28. A man believed to be Simpkins, was In a card game at Two Rivers, Wash., Saturday. He claimed he had been working on the Chutes farm near by. He had a fresh scar on his forehead. A man named Russell suspected his identity, remarked that detectives were ln town, and the fellow quit the game and left town that night. Wild IK-er in Chicago. Chicago, Feb. 28. A deer escaped from the Lincoln park oo this morn ing and ran down Clark street to South Water street, where, bewildered by the maze of commission house wagons, he was caught after a fight. MUTTON SHEEP FOR 36 HOURS NONE CAME INTO PORTLAND MARKET', High Prices of Stock Sheep and Wool Responsible for Uimxunl Conditions In Portland, and Mutton litis Not Been so High Priced ln Twelve Years Tlie Prospect Is for Further Advance, Which Will Probably Re act and Advance Price of Beef in the Same Market. Mutton sheep are now higher ln Portland markets than for the past 12 years and within the past 38 hours not a hoof of mutton of any quality has arrived at the stock yards In that city. The prevailing prices yesterday were 5 3-4 and 6 cents for eastern Oregon lambs and wethers, and 6 and 5 1-4 for mixed sheep, and although the demand was brisk, there was not a sheep to be found at the yards. This condition is brought about by the extremely high prices of stock sheep and wool, there being few for sale at any reasonable price anywhere ln the Inland empire. Sheep have been a drug In Portland markets for a number of years, and growers have been forced to take any price offered after the yards were filled up with eastern Oregon ship ments seeking buyers. This spring the buyers are doing the begging and the grower Is holding his stuff at al most his own price. There are few sheep available for the spring trade as most of the herds were thinned out In the fall by eastern and northern shipments. Mutton promises to go much higher than at present and butchers claim that the rapidly increasing price of mutton will raise the price of beef, also, since peo ple will quit using mutton and use more beef, making n better market for the hundreds of head of fat cattle ln eastern Oregon which are now about ready for the market. Eastern Oregon steers were Quoted at $3.90 and $4 In Portland yesterday evening and the demand was Improv ing. Eastern Oregon hogs were quot ed at $7.25 and $7.50, and It Is almost Impossible to secure enough for the Portland supply at any price. They are not to be had In either eastern Or egon or Washington, and it is feared that Nebraska and Colorado hogs will be Imported yet this spring to meet the local demand. OH EORAKER FIRES THE FIRST GUN Denounces the Hepburn Bill as Unconstitutional and Im practicable. ADMITS THERE ARE EVILS THAT MUST BE REMEDIED. However to Accomplish tlie DeMrodt End He Would Amend and Improve the Elkins Law to Make Us Provis ions Cover Excestrive Rates Pre dicta the Hepburn Bill, if It Becomes a Law, Will Be Knocked Out by the Supreme Court Tlie Senate Agreed to Vote on tlie Statehood Bill Some Time Prior to March 10. Washington, Feb. 28. The artillery of opposition to railroad rate legisla tion opened this afternoon In the sen ate with Foraktr behind the guns. In his speech Foraker argued agalnBt the policy of governmental rate making In general and the Hep burn bill ln particular, which he held to be unconstitutional and Impractica ble, and predicted Its speedy death In the supreme court If it should become a law In Its present shape. He admit ted there are evils to be remedied, but this could be accomplished by amend ing the Elkins law so as to make Its provisions cover excessive rates by making it applicable to every kind of rebates and discrimination. Mr. Foraker said he will offer an amendment. "It Is not either easy nor agreeable to differ with the pres Ident," but the bill Is unconstitutional because it combines executive, legisla tive and Judicial powers ln the Inter state commerce commission and be cause of its failure to provide for a proper court of review of the com mission's findings. Statehood Vote Before Mil roll t. Wsahlngton, Feb. 28. The senate today agreed to vote on the statehood bill before Its adjournment on Fri day, March 9. The proposition to take a vote at that time was made by Beveridge after a little difficulty in reaching an understanding. The suggestion was Immediately fallowed by a Bpeech ln support of the bill by Hopkins, during the course of which Hale suggested that If the ter ritories are not prepared for state hood the date of their admission should be deferred. PETITIONS ARE FILED. T. G. Halley, W. R. Ellis and W. Ct. Cole Now Formally Announced. T. G. Halley of Pendleton has filed his notice of candidacy for the office of Judge of the supreme court, says the Salem correspondent of the Ore gon Dally Journal. He Is a democrat and the present Incumbent, having been appointed by Governor Cham berlain to fill the unexpired term ot Judge Wolverton, now on the federal bench. W. R. Ellis of Pendleton, has filed his petition for representative ln con gress, for the second congressional district, subject to the will of the re publican electors. W. G. Cole of Pendleton also de clared his Intention to enter the polit ical arena as senator from the coun ties of Union, Morrow and Umatilla on the republican ticket. He says: "I will Impartially and honestly repre sent my constituents. I favor fewer but better laws and a more rigid en forcement of the same. I subscribe to statement Xo. 1 as amended, to wlt: I will always vote fur that repub lican for United States senator ln con gress who has received the highest number of votes for that position at the general election next preceding the election of a senator In congress without regard to my Individual pref erence." Suit on a Note. Suit has been commenced by the Filers Piano House to collect the sum of $:SS from S. S. Shields. It is alleg ed the amount is due upon a note given by the latter. Also Interest since October 27, 1905, and $40 attor neys' fee Is sued for. The suit was filed this morning by J. H. Lawrey. Marie Martin, a young and highly respected French girl living at Reno, New, suicided by Jumping off the ferry boat at Carqulnes straits, be tween Benlcla and Port Costn, near San Francisco. Shot to Protect Ills Mother. Ogden, Utah, Feb. 28. Early this morning Joseph Checketts, aged 60, attacked his wife in a fit of Insanity and tried to cut her throat. Fearing his mother would be slain, their son Frank shot and killed his father. Young Checketts surrendered.