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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.