East Oregonian : E.O., April 14, 1906, DAILY EVENING EDITION, Image 1

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I!
DAILY EVENING EDITION
DAILYEVENIN6EDITI0N
, People who buy and people who
ell are brought together through
Intelligent advertising. It la the
chief meana of Introduction.
WEATHER FORECAST.
Fair tonight and Sunday.
VOL. 19.
PENDLETON, OREGON, SATURDAY, APRIL 14, 1906.
NO. 5642
...-,.. X.;u--....
MAJOR EDWARDS
IS
Wants Redress Through the
Courts for Alleged Defama
tion of Character.
ME IS INCENSED BECAUSE
PETITION WAS PUBLISHED.
District Attorney at First Dlslncllued
to Take Major Edwards Sinister
View of the Liability of the Offend
ing Newspaper Men anil Others
The Libel Law Is Broad and at
Least One Decision Affords an In
teresting Construction of the Term
"Malicious" Others Than New-spa-per
Men Are Somewhat Implicated.
Because of certain things which the
Pendleton Tribune haa published con
'Cemlng Major O. C. Edwards, that
official proposes suing the paper for
1100,000 damages and also to take
criminal action against the editor, as
sistants and others concerned In pub
lishing the recent petition which the
Indians sent to Washington asking for
the agent's removal.
While In the city last evening, Ma
jor Edwards spoke freely with his
friends upon the aubject and to one
of them declared he had been gross
ly slandered by the publication ef the
petition. He Indicated plainly that he
resented the manner In which he had
been, treated by the morning dally,
and declared his intention of bringing
a libel suit against them far the above
amount
Today Major Edwards has, been oc
cupied with affairs on the reservation,
and has not been, la town. Nor ooald
he be reached by 'phone daring the
day. Consequently, nothing more
could be learned concerning his plans
In tho matter.
Wants Criminal Action Taken.
Yesterday evening Major Edwards
called upon District Attorney Phelps
for the purpose of having those re
sponsible for the publishing of the
petition prosecuted for criminal libel
Hp alleged that each and every alle
gation made In the recent petition Is
false and libelous. That the petition
waa gotten up with mallctoas Intent
and has greatly Injured his reputa
tion as an officer and a cltlsen.
At first the district attorney was
disposed to treat the matter lightly,
and said he did not believe a case of
criminal libel could be made out of
the matter. However, Major Edwards
declared otherwise, and Insisted that
Mr. Phelps take the matter up, which
that official finally promised te do,
Libel Law la Brand.
According to District Attorney
Phelps, the laws regarding libel are
very comprehensive, and with a strict
construction a libel suit might be
sustained against most any paper at
any time. The following is the' word
ing of the law of libel for Oregon:
"If any person shall wilfully by any
meana other than words orally spoken
published or cause to be published of
or concerning another any false and
scandalous matter with Intent to In
jure or defame mich other person, he
shall upon conviction be deemed guilty
of libel and subject to Imprisonment
In the county jail for not less than
three months nor more than one
year or to pay a fine of not less than
100 nor more than $500. "
1 In a court decision given In the case
of the state vs. Mason, there Is thu
following concerning "Intent:"
"It Is not necessary In order to con
stltute the offense of libel that the
defendant should have entertained a
specific malicious Intent to Injure or
defame the prosecuting witness. The
natural and probable consequence of
such a publication Is to Injure and
defame, and the law presumes that
defendant Intended such a result
when he committed the act complain
ed of."
Pltcliw Doubtful of Conviction.
But while the law Is very broad
the district attorney Is doubtful of
securing a conviction In the present
ense, owing to the general leniency
with which the libel law Is enforced.
Should he begin criminal proceedings
they would be only against such of
fenders as reside here. The alleged
libelous article was given out by J. T.
Hlnkle end published by the Morn
ing Tribune. Also, the employes on
that raper wired It to Spokane, Port
land and other places In this section.
i Utah Cannors Have Pooled.
Ogden, Utah, April 14. Ev-
ery canning factory In the state
was represented at the meeting
In the city at noon and agreed to
pool and place the control of
4 the sale of products In the hands 4
4 of a committee, and thus secure '4
4 uniform prices. 4
444444444444444444
BELLIGERENT
ARRIVE TUESDAY MORNING.
- -"
Visit Schools and Lectnrc In the Even
ing, at Christian Church.
State Superintendent J. H. Acker
man and President P. L. Campbell, of
the Oregon State university, will ar
rive In Pendleton on Tuesday morn
ing, April 17, and will spend the en
tire day In visiting the public schools
of this city. At 2:30 p. m. both gen
tlemen will address the high school at
the assembly hall, on topics of practi
cal Interest to the students.
At 8 p. m. the public will have the
opportunity to hear an excellent pro
gram. In which the high school glee
club will appear In several good se
lections, and Superintendent Acker
man and President Campbell will be
present and give Interesting talks.
Superintendent Ackerman has select
ed as his subject, "The Function of
the Public School," while President
Campbell will discuss "High Schools
and Their Relation to the State Uni
versity." '
Both of these gentlemen are Inter
esting speakera and will present some
Ideas that should be heard by every
patron of the public schools. It Is
well known that some excellent stories
are being Interspersed throughout
these talks. The evening program will
be given In the Christian church. No
admission will be charged.
Gorky Wired Ills Sympathy.
New York. April 14. Maxim Gorky
wired his sympathy with Haywood
Pettlbone and Moyer at Caldwell,
Idaho. It develops that Qaylord Wll-
shire, the socialist, wrote the tele
gram and submitted It to Gorky, who
approved It Wllshlre now regrets
his action on account of the belief
that Gorky did not fully understand
the matter. It la feared the act will
Injure Gorky'a mission here to raise
funds.
CHICAGO WHEAT MARKET.
Quotations From the Greatest Wheat
Center in the World.
Chicago, April 14. Wheat closed
today at 86, corn at 41 and oats at
Ml.
UMATILLA VICTIMS OF
A FEDERAL GRAND JURY.
It Is Understood the Defendants Are
Accused of Bearing False Witness
In Connection With Homestead
Proofs Both Have Given Bond for
Their Appearance 1n Court Tnere
Are Now Four Umatilla County Men
Under Indi
W. A. Bohart, the Uklah cattleman.
and John Garrison, formerly m the
Baker & Garrison saloon here, have
been caught in the net of the federal
grand jury nt rc-rtland. Both men
were Indicted for verjury by that
bn.ly and th.-y are now out on MOuft
ball eacK
U ihurt wn licught to the city laM.
evening by Glenn Kushee, deputy
Ur.lle.1 .Strite n .irrba!, and during the
ev-iilng the !.' per waa taken be
fore John Halley, Jr., United States
commissioner, and gave a $1000 bond
for his appearance In the court when
desired.
Garrison was arrested several days
ago by Deputy Bushee, and also gave
ball before Commissioner Hniley.
While the exact nature of the
cases against Bobart and Garrison Is
not known, It Is understood they are
accused of having committed perjury
In connection with homestead proofs.
There lire now four Umatilla county
men under Indictment by the federal
grand Jury, the other two, John Hu
bert and J. L. Beokhausen, having
been arrested some time tgo for fenc
ing government land. They were each
udmltted to $500 ball.
FROM T11F. INDIAN TERRITORY.
Okmulgee Man Looking for Location
for a Colony.
R. L. Wood of Okmulgee, Indian
territory, Is In the city today looking
over the country In hopes of locating
a colony of Indian territory people
here.
He says that the people of Indian
territory are disgusted to think that
they were not admitted as a separate
state, and many of the well-to-do
farmers and stockmen will leave thj
territory on this account.
He Is agent for a large number of
families from different parts of the
country which desire to come west
and will endeavor to find locators for
them somewhere In the northwest
states. He was attracted to Pendleton
by the advertising literature sent out
by the Umatilla county Development
league, and from his brief stay here
believes he will be able to locate a
small number of families at least, In
the Irrigated districts of the county.
The families he represents are small
farmers and stockmen and will be
valuable additions to any community.
TWO ARRESTS ON
PERJURY CHARGE
STIMULATING
GOLD
IMPORTS
Secretary Shaw Maneuvering
to Counteract the Tendency
of Gold to Go Abroad.
INFLUENCE OF STATE
BANKS IS NOW PROVEN.
The NatloiuilTrcasury Will Accept
Collateral Security From Them to
Keep Up the Gold Reserve Ncces
nary to Maintain "the Balance"
The Caiw of Moyer, Pettlbone and
Haywood Are Docketed In tlie Su
preme Court on an Appeal Prest
dent Is Visited by Boosters for the
Principle of Ship Subsidy.
New York, April 14. Secretary
Shaw announces the sub-treasury will
receipt for all collateral security ac-J
ceptible to the savings banks and will
Immediately advance gold to any bank
up to 16,000,000 for each bank, to
be Immediately available In the bank's
reserve, the amount to be returned at
once on receipt of Imported gold.
Under this ruling 112.000,000 In
gold have already been distributed by
the sub-treasury among the gold Im
porting city financial Institutions.
Pettlbone et al In Supreme Court
Washington, April 14. The cases
of Pettlbone, Moyer and Haywood,
charged with tbe Stunenberg murder
In Idaho, were docketed In the su
preme court today, on an appeal from
the circuit court of Idaho denying a
writ of habeas corpus.
Boosting tor Ship Subsidy.
Washington, April 14. The presl
dent received Harvey Goulder. pres
ident of the American Merchant Ma
rine association, and Representative
Humphrey of Washington. Goulder
argued In favor of the ship subsidy
bill, saying that English lines at Van
couver and Japanese lines at Seattle
and San Francisco have almost com
pletely monopolized the ocean carry
ing trade.
THREATENING AND DEFIANT.
Doulo Will Not Compromise Vollva
Promises to Expose.
Chicago, April 14. Dowle's attor
neys today Issued a formal statement
denying the report that Dowle had
surrendered to the Vollva forces as
reported, waiving temporal claim for
consideration of five per cent of Zlon
assets. They say, "The question will
never be settled on less than a 100
per cent basis. Any suggestion that
Dowle will accept any settlement
which contemplates his return to Mex
ico without appearance at Zion and
opportunity to see and talk with
those he has worked for, are without
foundation."
Vollva threatens to disclose the al
leged methods of bribery by Dowle to
a number of deacons.
BASEBALL SCORES.
Pool fie Const Ijcngue Gumcs of Yes
terday Afternoon.
San Francisco, April 14. Seattle 5,
San Francisco 4.
Los Angeles, April 14. Los . An
geles 2. Oakland 1.
Fresno, April 14. Portland B, Fres
no .
Ttvn Hundred Horses Hurm-d.
Baltimore.. April 14. Fire this
morning destroyed Fox's livery with
200 horses. Patrolman Manning was
severely burned. Loss $75,000.
Alexander Is Very III.
. Deerflehl. Mass., April 14. Alex
ander, former president of the Equit
able, has suffered a relapse, and his
condition Ib serious.
Cnptatn Duncan Kennedy, com
manding the cruiser Colorado, Is dead
at Guantauamo, following an opera
tion for appendicitis.
SOLOIERS COMING TO THE RESERVATION
Soldiers from Fort Walla Walla are
to be sent to the Umatilla reservation
for the purpose of patrolling the res
ervation and preventing stockmen
from crossing contrary to Instructions.
Captain Alnnzo Gray of the Fourth
cavalry, was at the agency this morn
ing for the purpose of ascertaining
how many men would be needed by
Major Edwards. He returned to the
city at 2 o'clock this afternoon, and
when asked how many soldiers would
be sent he replied:
"I do not feel at liberty to say Just
how many men will be ordered here,
but a sufficient f)rce v"l be sent to
S3,
00
NEW
BUILDING
Cornerstone Laid for an Office
, Building for the House of
Representatives.
CONDUCTED WITH ECLAT
UNDER MASONIC AUSPICES.
The Gavel Used Was Wielded by
Washington 113 Years Ago, at the
Laying of the Cornerstone of the
Capitol Building Brief Addresses
Were Made by Several Notables,
While the Principal Event of That
Kind Was a Speech by Roosevelt "
Which He Defined Carnal and
Spiritual Capacity for Criticism.
Washington, April 14. The cor
nerstone of the new $3,000,000 office
building for the house of representa
tives, which will occupy the entire city
square southeast of the capltol, was
laid this afternoon In the presence of
the president, cabinet, supreme court,
members of the house and senate,
representatives of foreign govern
ments and a great concourse of citi
zens. The historic gavel was used which
Washington wielded at the laying of
the cornerstone of the capltol, 113
years ago. Grand Master Brown, of
the District of Columbia grand lodge
of Masonsj struck the block three
times and pronounced It well and truly
laid. The ceremonies were- preceded
by a formal parade of Masons. Brown
delivered the formal address.
Following a selection by the ma
rlne band, President Roosevelt step
ped to the platform and delivered the
address of the day. followed by brief
addresses by Speaker Cannon, Hep
burn and Richardson (Tenn.), and
the building commissioners, which
completed the exercises.
The new building will be bounied
by B street, New Jersey avenue. First
street and C. street, and contain 110
offices, more than enough for every
member of congress. It will conform
In construction and general effect
with the proposed senate building to
be erected across the capltol park to
the northeast of the capltol.
President's Address.
After laylpg the cornerstone the
president said In part:
"In Bunyan's Pilgrim's Progress is
a description of a man with a muck
rake, who looked only downward and
with the muck rake In hand. He was
offered a celestial crown for tb i muck
rake, but would not look up nor heed,
but continued to rak to himself the
filth. This man Is set forth as an ex
ample of a man whose vision Is fixed
on carnal. Instead f spiritual things.
"It Is necessary we should not
flinch from seel'ii vile thing., but the
man who never sees anything else
does not help society, but is thi most
potent force for evil. I, hall os a ben
efactor every man vno, on the plat'
form and In print usmiIIs corruption.
providing the otttt'.k is absolutely
truthful. A liar Is no better than n
thief. The soul of eviry scoundrel Is
glad when an honest man Is assailed
"Now It will be easy fj twist out
of shape what I am saying. Sonii'
persons are Incapable of understand
ing that to denounce mudsllngimr
does not' mean an endorsement ef
whitewashing. Any excess Is sure to
Invite a reaction which will likely take
the form of punishing the unoffend
ing and give Immunity to offenders.
Gross, reckless assaults on character
create a morbid, vicious public sen
timent. At the same time It will act
as a deterrent to able men of normal
sensitiveness preventing' them from
entering the public service at any
price.
"It Is hnrd to get capable men to
handle the Panama canal because
they are certain to be attacked within
and without congress as to character
and capacity. Expose crime and hunt
the criminal, but remember that even
in the case of crime. If attacked In a
sensational, lurid and untruthful
fashion the attack will do more dam
age to the public mind than the
crime Itself."
properly patrol the reservation."
It Is believed that one of the four
troops of cavalry now at the Walla
Walla post will be sent over. How
ever. It Is possible two troops may be
needed.
Captain Gray arrived last evening
on the 6: SO train from Walla Walla,
and wos a guest at the Hotel Pendle
ton over night. At 9 o'clock this
morning he was driven to the agency
by John Halley, Jr. An arriving at
the agency office the captain was
driven over a portion of the reserve
tlon by Major Edwards and shown the
work that would be required of the
soldiers.
OSCAR STONE UNDER ARREST.
Charged With Obtaining Money Under
False Pretenses.
Oscar C. Stone, the Weston attor
ney and check artist, has been arrest
ed In Spokane, upon orders from
Sheriff Taylor. He is now held by
the chief of police in that city, and
will be brought here as soon as pos
sible. District Attorney Phelps today filed
Information In the circuit court
charging Oscar C. Stone with obtain
ing money under false pretenses.
The complaining witness Is Will Wells
of this city, Who took a bogus check
for $10 from Stone.
From accounts that have been told
of Stone, he endeavored to cut a wide
swath In Weston during his brief ca
reer there. Among other cases which
he secured was that of Defendant C.
H. Walter, the saloon man, In his trial
for selling liquor to Indians. Some
time ago Stone requested Dlstriot At
torney Phelps to delay the Walter's
trial, and the same was done. How
ever, Mr. Phelps says he will no longer
consult Stone s pleasure In the matter.
Also, Stone Informed several of his
friends that he was employed in the
defense of the men charged with the
murder -of , ex-Go pernor Steunenberg
of Id-!i3.
3456 VOTERS NOW REGISTERED.
Of This Number a Large Majority Are
Republicans.
A total of 3456 voters are now reg
istered for the coming primaries. This
forenoon the work of adding the to
tals of the various books waa complet
ed by Clerk Nelson, registry clerk,
and the result was found to be as
above.
Of the 3456 to register, 2188 are
republicans, (77 democrats, and the
remaining 291 are scattering, being
prohibitionist, socialists and Indepen
dents.
In the Pendleton precincts the party
registration was as follows: Pendle
ton Republicans, 183; democrats,. 70
North Pendleton Republicans, 169;
democrats, 67. South Pendleton
Republicans, 186; democrats, 74; East
Ptndleton Republicans, 124; demo
crats, 48, ,
FOR M. E.
CHURCH TODAY
WILL BE 86x86 FEET
AND ALL OF GRAY STONE.
Basement Walls Will Be Eleven Feet
High Definite Plans Not Yet Made
for Letting the Work, Which May
Be Done Under Direction of a Su
perintendentBuilding Will Seat
800 and Will Have Social Rooms in
the Basement.
Bids for the construction of the
stone foundation for the new North
Methodist church have been asked for
today and will be received by Geary
Klmbrell. engineer for the church.
The basement Is to be 86 feet square,
and the wall Is to extend three feet
above the surface, making an 11-foot
wall. ,
Thus far the church people have
not decided definitely In regard to the
manner of letting the work on the
superstructure. However, It Is prob
able they will employ a superintend
ent and do the work themselves,
rather than let the job by contract.
By doing the work themselves an op
portunity will be given church sup
porters to donate labor.
The entire superstructure of the
church Is to be of gray stone, and the
material will be secured from some
outside quarry.
Will Seat 8(10.
According to tho plans for the
church, the entire main floor will be 1
divided into two large rooms. " The I
main auditorium will have a capacity
of about 400, while the Sunday school
room, directly behind the auditorium,
will have' a like capacity. Between
the rooms there will be a circular par
tition which can be folded, thus mak
ing one room of the two, with a total
seating eapuclty of 800. There will
be in gallery In the church.
In the basement of the church
there will be a large room which will
be used for social purposes.
ONE-THIRD CROP IS RESEEDED.
But Glllluin County Is Not as Biul Off
as at First Reported.
Horace Walker, county commis
sioner, has returned from Gilliam
county, where he has been for several
days past looking at his wheat ranch
In Ferry canyon.
According to Mr. Walker tho crop
outlook In Gilliam county Is now good
and the loss from the freeze wus not
as bad as believed at the time. In his
opinion about one-third of the fall
wheat of the county had to be reseed
ed. Most of tho wheat frozen was
red chaff. Of the 320 acres which Mr.
Walker has, he was compelled to re
seed one-half. Thompson & Curl and
Frank Myrlck, who have ranches In
the Mayville country, were also com
pelled to do some reseedlng.
s
DISCHARGES ARE
MUCH
SLIGHTER
Rescuers in the Vicinity of
Vesuvius Are Pushing Work
With Phenomenal Results.
TWO FAMILIES RESCUED
FROM CAVES IN MOUNTAIN.
Thieves Are Active and Arrests; Nu
merousA University Professor
Figures Out Beneficial Results
From the Eruption Clear Weather
and Cessation of Violence on the
Part of the Volcano Have Reassur
ed the People, Who Are Returning
to Their , Work Decomposition la
Rapid Since the Sun Is In Ascend
ancy.
Naples, April 14. The volcano con
tinues to grow quieter, the discharges
from the crater being slight
Rescuers are pushing the work
with vigor. At Ottanjo today two
families were dug up and found to
have suffered little. They had taken
refuge In a cave and Were well sup
plied with food and wine.
Thieves continue active and many
arrests have been made.
Prof. Glana, of the Naples universi
ty, states that the volcano dust which
has covered the entire country In the
vicinity of the volcano, contains iron ,
and sand and will really have a bene
ficial effect on the people.
The reappearance of the sun haa
filled the people with new hope and
many refugees are returning to their
former homes to take part in the
work of clearing the country. The
sunlight has one bad effect, In quick
ening the decomposition of the bodies
of the victims, whose Interment is be
ing riunra. ijtt.f
PORTLAND CLUB WTLL BUILD,
Commercial Body W1U Spend 1250,004
for New Home. -4
Portland, April 14. At a meeting1
of the board of governors of the
Commercial club, held this afternoon,
It was decided to buy at once the
needed downtown site and begin a
soon as possible the construction of a
permanent home for the club, Instead
of again going Into rented quarters.
The amount fixed upon In a general
way to be thus expended is $250,000.
While the method of raising the
needed money has not yet been pos
itively decided upon, it Is probable
that It will be by the Issuance of
bonds, sold to members of the club
and others, these bonds to be taken
up by the club Itself as it Is able to
do so, so that In the course of time,
the property will actually belong to
the club as an institution. ,
LOCUSTS ARE DUE THIS YEAR.
New York Scientist Warns the Coun
try of the Post.
New Tork State Zoologist Surface
has Issued a circular warning fruit
growers and persons having valuable
shrubs that the 17-year locust Is due
to appear In various portions of tfje
country the coming summer. The last
visitation of the pests was In 1902.
That "brood" was Intermediate, and
not over-numerous, and It consequent
ly inflicted but moderate Injury.
Xo plan has yet been devised for
destroying the insects in the soli In
anticipation of their escape therefrom.
Old-Timer Found Dead.
Jake Mullen, h pioneer of Baker,
Greenhorn and Canyon City, dropped
dead of heart disease In his apart
ments in the Turley rooming house on
Front street this morning. He waa
found by friends a short time after
death came. An Inquest was held
this afternoon and the verdict waa
that he came to his death from heart
disease.
Mr. Mullen was aged about 60
years and was an old-timer of this
mining district. He came west years
ago and lived at Canyon City. Later
he moved to Greenhorn and then to
Baker. He was unmarried and haa
no known relatives in this part of the
country. Baker City Herald.
For the second time recently. J. A.
Coop has been arrested nt Tekoa,
Wash., charged with Inhumanly beat
ing his horses. He wo fined for the
first offense.
4 4
Grade Crow-dug Horror.
Greenville, Pa., April 14.
Three were killed at a grade v
crossing on the Erie road near
Atlantic, and three others were
Injured. The dead are: Mrs.
Maud Calvin, and two Infant
daughters.