a . : , 'T; '' ' HsBBBBBUHBsBBs JSSSBBQsiBsSBsaBsBiXs OAILYEVENINGEDITION OAILYEVENINGEDITION WEATHER FORECAST. Rain or snow and cooler tonight, Sunday probably fair. Read the advertisements In thw East Oregonlan. They come from the most enterprising citizens. YOL. 19. PENDLETON, OREGON, SATURDAY, MARCH 10, 190C. NO. 5C12 INVESTIGATION BY COMMISSION Interstate Commerce Commis sion Will Inquire Into Oil and Railroad Monopolies. IlOGGATT WILL BIO Tim governor or Alaska. Attorney General Moody ICxected to Next Week .Make tliu Closing Argu ment for tlic Government In the PucktTs' Cuses Conditions Out lined Vmler Which Okliihonui M ill Become a Suite: Prohibition In the Portion Now the Iiiillun Territory, Will Have live Mcmbcra of the Ioer House Heavy Solwul Ap rorlutlon. Washington, Murch 10. The Inter stale commerce commission UiIk morning formally ordered an Investi gation Into the alleged railroad and coal oil monopolies. lioggutt Governor of Alaxka. Washington. Murch 10. Senator Piles announced thlH morninK the president has derliled to appoint W. 1). HoKKatt of Juneau, governor of Alaska. Will Ireseiit (iiiviTnninii Cuko. Chicago, March 1. Attorney Gen cral Moody arrived tills morning for a conference between the government and the attorneys In the packers' case. It Is believed be comes .for a final presentation of the case and will probably make au argument him self next week. v Johnson Severely Wounded. Manila, March 10. The wounds of Lieutenant Johnston at the battle of Jolo were severe. A slug passed through ills right shoulder as he scaled the wall of the crater, .and he was blown from the parallel by ex ploiling artillery. Constabulary In command of Colonel Scott, headed one of the assaulting columns. Coodlthuis of SuaetiiKiil. Washington, D. C. March 10. As amended by the sen ale the statehood bill provides for the creation of state of Oklahoma out of Oklahoma and the Indian territory, upon the adop lion of a constitution. The state Is allowed tfce Hull nunin of executive, judicial aad .legislative officers, two United Stan senators and five members of the national house of representatives. IndluiM F.llKlble. A constitutional convention with 110 members, 55 of which are to he chosen by ench of the territories comprising the state, are provided ror, and all the male citizens or mni Indians 21 years old are made .eligible to membership In It. Especial provision protecting the Indians in their rights Is made con tinning the prerogative of the na tlonal government to control thftlr nf fairs. The sale of Intoxicating liquors in what is now the Indian territory Is prohibited for 21 years and longer unless tne constitution Is changed. There Is an appropriation of J5,. 000,(111(1 from the national treasury for the benefit of the schools and pro visions is mode for the support of Higher education and charitable In stitutions. Am In Employer Liability. Washington, March 10. The house committee on judiciary today carried a report favorable to the employers' liability bill. It la suimortcil liv the :lnbor organizations and mnkes com mon carriers responsible for the death or damage to anv emoloves a result of any negligence by any other employe or defect In the prop erty operated. JUockcfcllcr Dodging the Law. Laikewood, N. J., Mnrch 19. Indi cations are that Rockefeller Is at his country home here, closely guarded, and none of the servants will talk. Mrs. Rockefeller frequently goes to the station In a earring, meets Indi viduals and takes them home. Eight Killed by Earthquake. Lahore, Tndln, March 10. By an enrthipinka at Bnshnr, eight were killed and 2( Injured. The property loss was great. Oil Company Must Testify, Jefferson City, Mo., March 10. The supreme court this morning overruled the motion for a hearing In the Standard OH case and ordered the secre tary of the Republlo Oil com pany with certain booka and documents to appear for the hearing at St. Louis March 19. DOWN FltOM GARDENA. Henry I.nilnlai Enthusiastic Over New Alfalfa District Near the Stute Line. Henry, Lazlnka, the well known Camas Tralrle cattleman, who Is now ranging his cattle in tho Hudson Buy and Oardena district near the state line between Oregon and Washing ton, Is In the city to spend Sunday with his family. He Is enthusiastic over the pros pects ahead of the Gardena district and believes It will prove to be ono of the richest In the Inland empire. The Burlingame. ditch which Is now being completed will furnish suffic ient water to Irrigate from 6000 to 10.000 acres of level sandy land which Is highly adapted to fruit, al falfa and semi-tropical crops and new settlers are making purchases every Say. The land Is selling at from $60 to $100 per acre In the raw state, but with water upon It the value Increases to (200 to $260 per acre. K. C. Burllngame, owner of the new tract, will probably seed 1000 acres to alfalfa this season, boBlde building a large amount of new ditch cover ing still more tillable land. Mr. Lazlnka and others are now holding about 1000 head of cattle in that vicinity, awaiting for garss to grow In the Camas Prairie district. Bryson Is a Candidate. Roscoe S. Bryson, formerly of this city, Is now a candidate for justice of the peace In Eugene. Mr. Bryson has been a resident of Eugene for the past three years. GET NEW TIL CONVICTED OK SELLING INTOXICANTS TO MINORS. Motion Granted by Judge Eakln, Who Find That the Court Erred In Its Instructions to tho Jury Ily Penult ting It to Consider Illustrative Evi dence From Which to Draw an In ference of Guilt; Sueii Evidence Be ing Now Disqualified as Being Injudicial. C. II. Walters, the Weston saloon keeper, who was convicted here some time ago of having sold llquoj to minors, has been granted a new trial by Judge Kakln. who filled Judge Ellis' station here that day. Immediately after the Jury In the case had returned a verdict of guilty J. P. Winters, attorney for Walters, moved for a new trial on the ground that the judge had erred In giving his Instructions. This contention Is upheld by Judge Eakln In his decis ion, which Is as follows: "This cause comes on for hearing upon defendant's motion to set aside the verdict herein upon tho ground of the error of the court. I am of the opinion that the Instruction ob jected to, Insofar as It authorized them to consider the evidence of another similar crime as a circumstance tend ing to show the probability of the guilt of the defendant In this case, was error, and such as must be pre sumed to be prejudicial, and for this reason the motion should be allowed. According to District Attorney riiolpa Wnlters will be retried at once If the same Is convenient for the court. FORTY-SIY EAGLES INITIATED. Last Night Third Anniversary of Or der in Pendleton. Last night tho third anniversary of the Pendleton nerle of Eagles was observed with a big session at which a class of 4(1 was taken Into tho or der and a banquet served afterwnrds. During tho lodge session Lee Hold, president of the aerie, filled the chulr, while Judge Thomas Fltx Gerald of ficiated as toastmaster at the ban quet. In the Initiatory class were many who are prominent here and else where over the county, among tho number being the following candl dates for political honors: County Judge Bonn, Commissioner T. P. Gll llland, F. W. Hendlcy, Fred Shoe maker, C. W. Steen and others. OSBORNE DAVEY DEAD. Body Will Do Taken to Albany for In terment. Osborno Davey, a patient at the county poor farm, died at 3 o'clock Inst night from a complication of troubles. The deceased was 35 years of age, and formerly lived at Albany, Ore., where his mother still resides, and his body will be shipped there for burial. He had been around the city for some time before being taken to the poor farm. His body Is now at the Rader undertaking parlors, and will be shipped to Albany on to night's train. Eugenia lllchtcr Is Dead. Berlin, March 10. Eugene Rlchter, the radical leader In the relchstag, Bismarck's old opponent, died this morning. WALTERS ill WILL DIP AND KILL FOR MANGE. At the Umatilla agency a council of the Indians will be held Mon day for the purpose of taking action towards dipping the horses af flicted with mange. In speaking of the matter yesterday, Major Edwards, agent at the reservation, said a strong effort will be made to blot out the mange from the reservation. All animals that are not too badly af fected with the disease will be dipped, while the hopeless cases will be shot. The federal Inspectors are taking the matter In hand, and when the big round-up of Indian horses occurs this spring the ani mals afflicted with mnnge will all be treated as above mentioned. EXPLOSION OE A . FREIGHT ENGINE Machine Was Entirely New and Accident Was Due to Low Water in the Boiler. TWO MEN WERE KILLED AT THE FIRST SHOCK. A Third Man Wax Injured Until Ho Will Die One of the Men Was Blown Three Hundred Feet Two Firemen Fatally Injured by tho Falling of an Elevator During a Seattle lire Which Did Slight Dam ige to Property Tliey Were En "pmcd In Laying a Hone Through an Elevator Shaft, When the Elevator Fell From tin' Top Story. Sacramento, March 10. The en gine of an extra freight eastbound blew up near Gold Run, on the South ern Pacific mountain line at 11:30 last night and killed Fireman W. F. ' Austin of Rocklln. and Brakeman w.!unlon at Burke. Idaho, arrested Feb F. Fraxer, of Sacramento, and fatally Injured Engineer Frank Doran, of Rocklln. Explosion was caused by low water in uie uoner. i ne iraen woji torn up ana iramc aeiayeo. tin t:m tnis morning. uornn was mown auu ieet to me nuiHicie, Dotn arms oroKen ana ne was burned about the face and In jured Internally, and will die. Fire man Austin was horribly mangled and died this morning, being taken to a railroad hospital at Sacramento. Fra zer was mangled. Tho engine was new. Two Firemen Killed. Seattle, March 10. Two firemen were fatally Injured and two seriously hurt In a basement fire this morning In the establishment of the Merle & Heancy company. J They were laying a line of hose through an elevator shaft when the elevator dropped from the top story, terribly crushing Lieutenant Charles Kirk and Plpeman John Larson, of company -6. Both have families. The property loss was small. STRIKE PRACTICALLY CERTAIN. Officers of Minns' Federation Vvn- pliesy u Hot Summer. Indianapolis, Ind., March in. Na tional officials of the miners are au thority for the statement that despite all peace talk In the east there Is bound to be a strike April 1. They add: "This will be the hottest spring and summer that labor and capital ever saw.' Discord at the operators' confer ence a week from Monday Is expect ed. The miners plan to publish a dally newspaper In this city during the miners' convention and deliver It to every member of the organization. FIGHT WITH KNIFE AND AX. One Mnn Killed, the Other May Die In Hospital. Vlsnlla, Oat., March 10. Two Mex icans, Juan Perez and Jose Ortegn quarrelled last night over a woman, l'erez drew a knife and stabbed Or tega. The latter secured an ax and struck Perez on the head, cutting an awful gash. Perez then stabbed Or tega repeatedly In the back of the neck and bend, Inflicting fatal wounds, Peres was arrested and brought to Vlsalla this morning and taken to a hospital. George Mansfield Is In tho city to day from his farm on Illrch creek. PENDLETON HELPS Pendleton people will help the starving people of tho famine-stricken portions of Japan, and on Monday the first donation from this city will be sent away. This afternoon Rev. Robert Warner, of the M. B. church, recleved one check from J. B. Mum ford for 150 to start the relief fund and subscriptions will be forwarded to Japan to be distributed among the WILL APPEAL TO HABEAS CORPUS Miners' Federation Attorneys Seek the Release of Vincent St John of Burke Union. HE IS HELD WITHOUT ANY APPARENT WARRANT IX LAW I Prosecution Clings to the Shadow of a Possibility Thut He Will Ik- Found to Have Been Implicated In the Assasshiullon of Steunenberg Habeas Corpus Action 111 Mover, Haywood and Fettilioiie's BcJiaK Will He Taken to the I'nlted States Supreme Court If the Idaho Court Ik Adverse Decision Will Be Given Monday. Boise, March 10. Attorneys Rich ardson, Miller and Nugent, for the Western Federation of Miners, are engaged In preparing a petition for a habeas corpus writ to release Vincent St. John, president of the Miners' ruary i, cnargea wun me muraer of Steunenberg. St. John has been confined In the penitentiary at Boise 1 since his arrest, no preliminary exam- Ination having been given him, and . no indictment having been returned Dy the grand Jury. The prosecution claims the prisoner is held awaiting action by the grand jury and will be dlscharired if that body adjourns without finding an in dictment. Federation attorneys are preparing to take habeas corpus case of Moyer and others to the supreme court of the I'nlted States If the Idaho court delcdes against them. The opinion will be announced Monday. KILLED BY SEWER GAS. Two Would-Ite Rescuers Overcame. But Resuscitated. San Francisco, Mnrch 10. Michael Haley, while repairing a blind sewer at Folsom and "th streets at noon, was overcome by sewer gas and lost his life. In attempting to rescue Ha ley. J. J. Crooks, for whom Haley was working, and Frank Vivian, a plumber, were also overcome, but were resuscitated in a hospital, add wash THREE ELECTROCUTIONS. Wire Down by n Storm at Boston. Mass. Boston, March 10. Traffic com munication along tho coast Is almost destroyed by a storm. Three deaths by electrocution from fallen wires near this city have occurred. Convicts Sentenced to llmig. Jefferson City, Mo., March 10. Harry Vaughn, George Ryan and Ed Raymond, tho convicts who killed Gntemnn John Clay in the mutiny at the penitentiary November 24, were sentenced today to he hanged April 20. An appeal was granted. Areoiinutlc Contest Today. Flttsflel, Mass., March 10. The contest of Aeronauts Charles Levee, a Frenchman, and Lee Stevens, an American, has begun with prepara tions for an ascent In a 40-mlle gale this afternoon. Mnn Found Dead. M.irengo, 111., Mnrch 10. A young man was found dead on the railroad track. The only clew to his Identity was a photograph of a girl Inscribed, 'Wealth of love Vnnnle Miller, Grand Encampment, Wyo." sufferers. The subject will be mentioned to morrow In Pendleton pulpits and any one wishing to contribute to the fund may do so through the churches. Walla Walla has contributed largely to the Japanese sufferers In both money and provisions, the O. R. & N. company having agreed to transport all donations of provisions to the sea coast free of charge. JAPANESE SUFFERERS STEAMER GONE AGROUND. Proved to be a Collier The Crew Were Rescued. London, March 10. A large steam er, thought to be a passenger, struck northwest of Ushant, 27 miles from Brest, and shortly afterward sunk. She was out of the usual track of American-European liners. Later. The steamer ashore Is a collier. Her crew has been rescued. CHARGES WERE DISMISSED. Ex-Mayor Glas-nuan Arrested on Con tempt Charges. Ogden, Utah, March 10. Charges of malfeasance against District Attor ney Halverson have been dismissed. Former Mayor Glassman, who pre ferred the same, has been arrested for contempt for criticizing the court's decision. HOLDUPS BADLY BEATEN. Caught in the Act and Resisted Arrest by the Police. Ogden, Uta.h, March 10. Robert Chadwlck and Frank Hinkley were captured by the police this morning In the act of holding up a saloon. A fierce fight took place and the hold ups were beaten to a pulp. CHICAGO WHEAT MARKET. Quotations From the Greatest Wheat Center In the World. Chicago, March 10. Wheat closed today at 77 1-4, corn at 42 1-2 and oats at 29 3-4. ARE OVER 150 THE GREATER PART WILL PROBABLY BE ACCEPTED. Work of Inspecting and Deciding Will Begin Next Tuesday and Be Pros ecuted as Fast as Possible Unless, in the Judgment of the Agent Tlierc Is Good Reason for One Renter Se curing More Than 610 Acres, Tlutt Figure Will Be the Limit Lessees Need Not Reside on Land. Of the 150 or more applications for leases which are new on file at the agency office, the greater part will probably bo accepted, according to statement made by Major O, C. Ed ward? yesterday afternoon. However, the major added that it is impossible, for him to say definitely at this time regarding the action to be taken, for the reason that ho will first have to consult with the Intending lessees before deciding on their claims. It !s the Intention to commence next Tuesday upon the applications that are on file, and from that time on until all are disposed of, the mak ing of leases will be the principal business at the agency. A few days ago Major Edwards stated that the leases would be taken up Monday, but yesterday he said such could not be done because of a mange council which Is to be held that day. Also, the agent's time on Wednesday will be taken up with an organization that Is to be formed among the Indians, but the subject of leases will be taken up the following day. As to how many leases can be disposed of In one day there Is some question, but the major believes four or five can be made dally. When the applica tions are properly filled out the work can he done in a short time. It Is Major Edwards' Intention to have all of the applications disposed of by April 23. Not ever one section of land will be leased to any one man, according to Major Edwards, unless It can be shown by the lessee that by taking more the Indians will be benefited. While the 640-ncre limit Is tho rule of the department, It has been set aside by the department as far as the Umatilla reservation Is concerned, and when In the Judgment of the agent the welfare of the Indians may be better served by one man being allowed over this amount, It may be done. However, tho burden of proof Is upon the lessee, and apparently Major Edwards Is disposed to be rigid In the matter. The simple consent of the Indians to allowing one man more than 640 acres will not suffice, nor will the offering of a higher bid necessarily allow a lessee to go be yond tho limit. However, should there be an Indian who has land which Is so located that he cannot well lease It except to a man who already has 640 acres, tho limit will be extended so as to permit the isolated allottee to rent his land. While Major Edwards declares It Is the policy of the department to en courage lessees to live on their leased lands, he says this will not be con- sldered In making the leases, as there Is no rule which requires a tenant to live on tho land. However, the char acter of the applicant must be satis- factory, as It Is necessary for the agent to approve tho same when he sends the lease to Washington for rat- Iflcatlon. I 1400 MINERS ARE TRAPPED Of Eighteen Hundred Who Descended But Four Hun dred Escaped. FIRE FOLLOWED THE EXPLOSION OF DAMP. Flumes Reached to tho Top of the Shaft, and Those. Who Escaped Went Out by Lateral Gullerles Successive Explosions Are Feared and the French Government Is Taking Emergency Measures to Save Life I-atcst RcKtrts Are Tlutt One Hundred Have Been Taken Out Injured Origin and Ex tent of District Xot Ascertained. Paris, March 10. Terrible loss of life is reported In a coal mine near Calais. An explosion of fire damp occurred soon after. Eighteen hundred work men descended Into the mine, and fire followed. It will be a miracle should a single miner escape. The fire Is so fierce the flames reached the top of the shaft. None have yet made their way out, and the flames are so vicious it seems Impos sible by any means to avoid death under ground. Rescuers are unable to approach the entrance. Imprisoned 1400. Paris, March 10. Several lateral galleries apparently escaped the rav ages of the flames, and there Is hope that some miners escaped. Succes sive explosions are feared. The. gov ernment is exerting every effort to aid the imprisoned miners. A courier from the scene says that 400 escaped. Rescuers took out 124. Injured. Accident Stops Rescue. The lift has broken, stopping res cue work. There are cases of partial ly asphxlated in the relief party, In cluding Chief Engineer Stow. This circumstance precludes the possibility of saving several hundred. Many corpses were removed before the break In the lift, and the miners In side are heard calling. LEAGUE MEETING TONIGHT. 111 Select By-Laws and Elect Corp of Officers. This evening there will be a meet ing of the Umatilla County Develop ment league In this city for the pur pose of perfecting the organization by acting upon the by-laws that have been drawn up, and selecting perma nent officers for the organization. The meeting will be held In the rooms of the Commercial association, and representatives are expected to be present from the other towns of the. county. Hero From Lapunl. A. T. Moore, who has been visiting on the Umatilla reservation, will re turn to his home nt Lapwal, Idaho, next Monday. Mr. Moore is a gradu ate of the Indian school at Chemawa and while In Pendleton subscribed for the East Oregonlan for a year to be sent to Lapwal. AS TO MACADAM HIGHWAY. Wulln Walla nod Umatilla County Courts Will Confer. On Monday morning the members of the county court will bo to Free water for the purpose of meeting with the commissioners from Walla Walla to Investigate the matter of con structing a macadamized road from Freewater to Walla Walla. There are three roads leading Into Walla Walla from this county, and the com missioners from the two counties will go over the different routes nnd de cide upon the most suitable for the Improvement. Under the present laws a road dis trict may ask to have a special tax of not over 10 mills levied for the pur pose of road work within that district. This, it Is understood, the people of Ferndale and North Milton districts wish to have doncin order to have their road macadamized. About four miles of the proposed road will be In this county. Yesterday afternoon a comiilttej consisting of Messrs. Hobbs. Chastaln and Lloyd waited upon the county court here ond asked them to meet with the Walla Wulln officials. Murdered Women and ClUldren, Manila, March 10. It Is es timated that 900 were killed In the Jolo battle. Moro families remained In the village and wo men and children mingled with the warriors during the fight and all were killed. .1.