QAIIY EVENING EDITION .fiv ffs . . ll niliYFVFHiHRFniTinM ll If you wish to know how to buy what to huy, when to buy and where to Duy holiday goods, read the East Oregonlun advertisement. ) rA - VO- lirtf -yS Fair tonight and Tueaday. VOL. 10. , PENDLETON,! gijON, MONDAY, DECEMBER 3, 1906. NO. 5839 HABEAS CORPUS NOT SUSTAINED Supreme Declines to Release W. f . M. Officials Charged With Murder Complicity. OPINION' XOT UNANIMOUS AS MKEXXA BISSEXTEB Guilt of the Accused Not Considered the Issue Being Legality of Arrest und Retention -Motives of Gover nor of Idaho and Colorado Iinina terlnl lreldeiit Will Mention Yll--Jton-Alusku IjH)1tlin In Message Curnahuu Xuiulnuted for Collector I'f Customs. Washington, Dt, 3. The supreme court decllnod to reliant- the officials of the Western Federation of Miners held on charge of Implication In the murder of ex-Governor Steunenberg from the Boise, Iduho, authorities. Justice Harlan announced the opln' ion. The accused had applied for a writ of habeas corpus on the ground of being Illegally arrested In Colora do and thus Utkt n illegally into Idaho. This was quushc I by the federal dis trict court of Idaho, the decision be' ing affirmed today by the supreme couit. The. guilt of the accused was ret considered. McKcmui Dissented. The court held the motives of the governor of Idaho in issuing extradi tion pi.pers and the governor of Colo- rado In honoring them are Iminater lal. -McKenna absented. Cariuilwii for Collector. Washington. Dec. S. Tl'e nor s cf Clark tV. Carnahan as ci l"i if cutom for Oregon was mlna- collec- tent in ,.e senate. For the Y.-A.-l. 1 AposK loll. U.v.Kliington. Dee. 3. Senator Piles and Representative Jonas, of Wut-h-inglon, calif d.it the White House this morning lo urge the president to aid the Yukon-Alaska-Paclfic exposition The president will mention it in bt ir.essa.vc and pert laps help the coast stnteMiieii pet through an appropria tion. KM, 1 1 1) l'.Y A FALL. I nlilcnrilcd Woman From Lphrnta Washington. Kansas. City, Dec. 3. An in. Identi fied wninin with a Union Purine ticket from Kphrntu. Wash., to Osa watomle, Kan., was 1:111 -d by falsing from a Slissourl Pacific train near here. She hail a promissory note In her purse payable to Jdrs. M. A. Paw son, ami signed by :. (i. Iloulare. OUI. A MOM VS t ONS I 1 1 1 I ION. OpcniHE Scs-lou Is Spirited and Siir. jMMIve. Guthrie, Ok la-. Dec. 3. Forty-two resohitli iih were Introduced In the constitutional convention, among them being: Prevcntlun of capital punish ment, rerulntlng Injunctions during strikes, prevention of gambling and absolute prohibition. Threatening governor Johnson. St. Paul, Dec. 3. The police today received a letter signed "Black hand." It Is decreed that Governor Johnson shall die. At the same tlmo that Johnson Is executed two European inonarchs will be killed. The names of the alleged plotters were furnished the police. Johnson Is unalarmed, but his friends are watchful. Oregon Hajr Crop. The total number of ncres devoted to hay production in Oregon Is 390, 07S; the average yield for all kinds of hay is 2.3 tons per acre; the total production is 897,175 tons; the aver age value $7.74 per ton, and the total value of the crop $6,994,184. In the past 10 years the average price In the ttate has advanced from $6.60 per ton to $7.74, the highest price beln greached In 1903-4, when the average for the state reached $10.18 pe rton. Investigating Stomnicry Fires. Louisville, Ky., Doc, 3. State Fire Marshal Ayers Is at Princeton today, and began In vestigation of the burning of the stemmerles Saturday. Ayers has received letters threatening him tvith death if he persists. He continues to subpoena wit nesses and has mado oue arrest. More conservative growers de nounce .Incendiary, methods and ay they can fight the trust by combination hotter than by the torch, Woman KlllsJ Man Who Sliot Herself ik1 IliiHlmml, San Diego, Dec. 3. A message to the sheriff this morning reports a triple tragedy at a ranch house 16 miles from Escondldo. A rancher named Gore shot Edward Brady dead and fatally wounded the letter's wife. The woman, however, managed to se cure a gun and killed Gore before she died. Tho families were neighbors and had long quarreled. The trouble was over the posses sion of a quarter lection of govern ment land which had been filed upon by Brady and jumped by Gore. Gore walked to Brady's place this morn ing and shot Brady dead. He then .shot Mrs. Brady. She was struck by two bullets, but rushed Into the house and secured a rifle. Both fired sim ultaneously, each shot being fatal. ASSAILS ORGANIZED LABOR. "Open Shop" or Else, Civilization Will Perish. Chicago, Dec. 3. At the opening of the Citizen's Industrial convention this morning. President Post attacked the American Federation of Labor as "the greatest trust with which the people have to contend." He reviewed the organization of propaganda ,for the "open shop," and declared the "open shop Is being gradually re-established In the build ing trades, printing houses and other Industries." He said Blnce labor's defeat In the last campaign, the newspapers show greater freedom "from labor's dicta tion," and said that as necessary to Industrial peace wo must have tho open shop, unrestricted number of apprentices, no boycott, no violence and no picketing. French Itlrtlt Hum Is Decreasing. Purls, Dec. 3. A report of the bu reau of statistics Issued today on the birth rate Is causing considerable alarm as It shows a heavy falling off. The decrease amounts to no less than 11,363 for the year. GIANT MERGER OF ELECTRIC PLANTS FOURTEEN NORTHWEST COMPANIES HAVE COMBINER. Isaac W. Anderson Announces the Merger of All the Small Electric Companies In tho Xort Invest A Strong Financial Company Is Ruck of the New Cnrporatiim of Willed Mr. Anderson Is the Head. Walln Walla, Dec. 3. (Special. Rumor i "C gigantic stock deals In elect! i'- ;::i l g is properties In cities of the iinrtliwest crystatlzed yesterday In Isaac W. Anderson at Spokane, an nouncing that 14 electric and gas plants, In which he is Interested, hail been consolidated. Mr. Anderson will be the head of the big merger which Is being backed by the bunking firm of Rhodes. Sin ker & Butcher of Philadelphia. The plants consolidated are valued at $(,0il0.(Mi(l and Include the North western (las & Electric company's Walln Walla and Pendleton plant, the Walla Walla Valley Traction com pany's city and suburban line, light nnd power plants at Eugene, Spring field. Albany. Cottage Grove, Corval- I is. Seaside, Rnsehtirg, Baker City and gas plants at Lewlstnn nnd Vaklmn. A deal that only exceeds In magni tude yesterday's announcement was the consolidation of Portland's elec tric plants and street railway systems by the Clarks, Simmons nnd Pratts of New York, who took over tho various electrical properties nt $30,000,000. Blanche Walsh, the actress, was me.rrled November IB In New Orlenns to W. M. Travers. a member of hen company. MORNING TRIBUNE BOASTS OF CUT-RATE ADVERTISING CAMPAIGN IN ANSWER TO TIIF, MISLEADING STATEMENT MADE I THE S nvn v i ,n, v.. , . THE EAST OREGOXIAX. THIS PAPER DESIRES TO SAY THAT THE THIS TRIBUNE'S IU S1XESS IS UNDOUBTEDLY GROWING SOMEWH T iw irvvnv vrnc7 ENOlt.H. STATEMENT IX PRIXT DOES XOT CHANGE THE CASH ,NcJmK S PENDLETON. BUT A FALSE) TO S ZZ"'!!S " TIME, NOR DOE, !T EXPECT HUT ONE riMXG MAY BE RELIED UPON BY THE PATRONS OF TllP ws.t m.i.eov,iv . HE PRICE. EVERYBODY IS GIVEN A SQUARE PEAL. THE eTsJ'E NE HF.PJlTEm,T BY Till! TnilltNE. SAME DOXE SOME ADVE1ITISEI1S IS THE IRim'XE SEC. HE TIIEIH SPACE Foil KOTB CEXTS. OT1IE1-.S ARE Ol lltr.El, 1 TI E AND OTItrns v CE.VK. THE TRTOUKE TAKES ANY PltlCE TO GET THE I.US1XESS. Tms IS AS MMlSsloV WEAKVE IV CIHOTI iSos '"THE M" DT AHVEItTlSlnS ,VHEX THE TnilttiNE OFFERS TO CFT HATES OET SS, ,,VMsf"s ' CONSIDERED fayt LAST im of Fim- For the First Time in Several Years at the Opening Session All Senators Answered at Roll Call. Adjournment Was Taken L'ntll Tuesday, When the President's Message Will Bo Rend Senator Fulton Will Immediately Urge Appropriations for Federal Buildings in Oregon In the Supreme Court Arguments cre Made In tho Cases Involving Also Took Up Consideration of the Cases Involving the So-Cnlled Fer tilizer .Trust Japanese Issue Begins to Loom Up. Washington, D. C, Dec. 3. Both branches of congress met at noon. The full membership of the senate was present for the first time In three years 90 senators answered roll call. Each house convened and sent word to the president the legislative mill Is ready to grind. The president i turned the answer, "WBl communi cate In writing." In the house the new members received scores of res olutions which were handed to clerks and filed away. Each house passed resolutions of memory for the mem bers who died since the last session nnd then adjourned until tomorrow af ternoon, when they will receive the president's message. Public Building for Pendleton. A special from Washington to the Oregon Sunday Journal says: On the opening of the session, of congress Senator Fulton will Intro duce a bill providing for the purchase of a site and the erection of a new postoffice building at Portland, to cost $2,000,000. He will also Introduce bills for pub lic buildings costing $100,000 each at Albany. Oregon City. Pendleton and La Grande. As there will be no public buildings bill passed at the coming session, Sen ator Fulton does not expect to get his hills through, but wants to bet them under way so that they will be well under way at the subsequent session. Arguments In Tobacco Duty Cases. Washington, Dec. 3. Tn the su preme court of the United States to day arguments In the case of the gov ernment against Falk & Bio. of New York, were resumed. The question the court has to de termine Is whether Imported tobacco Is dutiable on the basis of Its weight when It enters, or when It Is with drawn from warehouses. The decision of the circuit court 'of appeals was that the sluty should be paid on the weight at withdrawal, and it Is esti mated that under this ruling the treas ury would suffer a loss of a million dollars a year on tobacco, to say nothing of the loss on other articles to which the principle would apply If held applicable to tobacco. There are now on file in the offices; of the hoard of general appraisers t' New York. U.onn protests against the collection of tlniy upon entry, and as they lire accumulating at the rate of several (thousands a mouth the case Is considered of great Importance. Alleged Fertilizer Trust Cases. Washington. Pee. 3. The supreme court today took up the hearing of the 10 cases against officers of the so-called fertilizer trust who are re sisting removal from Virginia to Ten nessee on chnrges of conspiracy un der the Sherman anti-trust law. The cases raise a new point In pro ceedure under the Sherman anti-trust law. James G. Tlnsley and 10 other residents of Virginia, alleged to be members of the combination of fer tilizer manufacturers, were Indicted by the Tennessee courts for conspira cy In that state to raise the price of fertilizers. They resisted removal to I . -(, f,' CONVENED TODAY the So-Called Tobacco Trust, and! Tennessee on the ground that never having been In the state they could not be Indicted for conspiracy there in. The federal court of Virginia de nied writs of habeas corpus for their release based on that point, and their appeals from that Judgment will to day be reviewed by the supreme court. .Japanese Issue Coming to front. Washington, D. C, Dec. 3. Both houses adjourned before 1 o'clock. The president discussed the Japan ese situutlon with a number of callers today. It Is understood he has de cided upon a reply to make to the Japanese government. The reply is not yet made public, but It is under stood the administration found the federal laws do not cover the case, and therefore the grievances of the Japanese cannot be taken up by the national authorities. ESTIMATES FOR OREGON". Washington, Dec. 3. (Ssclal.) The estimate of appropriations for the next fiscal rear were submitted to mi- urAi ii-ciii rvur nere stiiinntteil to congress today by tho secretary or tlic tieanr.,. It included S1II.JOO for the Salem Indian school, 912.000 for the Klamath, Warm Springs, Walla Walln. j Cnynsc and I inutllla tribes, and Siloon ; for incidental cxsrnsc$ or the Oregon ' Indians. j Improving Oregon rivers, harbors ' Tillnnitiok bar. gin.nno each.. Co-' quelle river. S 10.(111(1: Coos Bay inaln lenaiue. ftxono: improvimr Oilumhin and Snake rivers, $10.0110 each. Cus- j cades of the Columbia. S10.- .0(111; lower! Willamette anil Columbia, SI."0.(Mi. Improvement or the mouth of the Co. liimbia. si, .iiiiii; Improvement of Three .Mile rapids. S7MI.IIIK1. For Oregon light houses nt Cane Blanco. Sr,(ui(in: mpe Arnco. 830.000; Yaiiiin:i head. SIOIIil; i:iiZ11 Maud Wnshlnaton, :to (too. Improvement of Crater l.ake Park, S7HOO. Clgur I-uf Tobacco. New York. Dec. 3. A prominent tobacco dealer In this city who con trols so per cent of the tobacco ship ments, estimates this year's cigar leaf tonaeco clop at 56.1,000 cases (of 350 pounds each) a sagainst 451,000 cases m 1 !'15. He also states that the leaf ls "u '"'st grown for 11 y - ea rs. Bcfcii.se Sums Up. Herkimer, N. Y., Dec. 3. Mills, senior counsel for Gillette, summed up the ease before the Jury this morn ing. He attacked the "foul yellow press," and said at least one writer attendant upon the trial had earned a place In prison. Chicago Wheat Market. Chicago. Dec. 3. Wheat opened 72 7-8, closed "3; corn opened 4 2 i. closed 4:!i; oats opened 33, 3'J 1-S. ClOSed , ii.,,i,-i.,,. I., i, ., , ,. 1 i mis uec. J. twelve robbers at- "-".ra ne esiaie oi tne Princess of AvnioKa, injured the princess nnd dustry is being stimulated by the prof plundered tho property. Soldiers ' its in fat cattle, even at the extreme captured all the robbers and a drum-1 ly low prices which are being paid "u" -vuti iiuiruui is siuing. j FINISHING MINIDOKA WORK. Idaho Government Irrigation Project Is About Completed. The big grading' contract of Mon arch & Porter, at Minidoka, will be finished this week, according to pies ent expectations, as the work is being rushed with a large force of men and .teams and very little remains to be done, says the Rupert (Idaho) Rec ord. The work has been prosecuted under difficulties during the past two weeks, owing to the inclemency of the weather, und there will be some little flushing that will probably have to go over until next spring. This was one of the largest grading contracts ever undertaken In the west, covering more than 60 miles of ditches and amounting to nearly a quarter of a million dollars. Work was com menced a year ago last July and the contract specified its completion on the first of last June. The Monarch & Porter outfltB will go to the Boise valley to work on a sub-contract. Contractor McGrath has suspended operations for the winter on the con crete work for hrldges and headgates and goes to South Dakota to look after concrete work for Orman & Crook. The wood work will be fin ished on the bridges for which piers have been built and it will require about two months In the spring to fir.iEh up the contract Owing to the extreme cold weather the sub-lateral outfits of Wiseman Thompson and Byrum have been laid off and the others will probably be stopped within a few days. During the winter months the wooden head i gates will be built for turning water I into the sub-laterals, and if the weather 'permits they will be placed ; in position. McGinn Again Fined. Another fine of $150 for contempt of court for language addressed to ' tne court last Monday was assessed against Attorney Henry E. McGinn in the state circuit court Saturday eve ning at Portland. McGinn now has $300 In fines against him for con tempt of court. j nnfl Jl I I 1 I" I'l 11 II II M H T I f" 1 I 11 I Mr I . I U U U Ufl I I LL ARE BEING FED TOTAL Nl'MBER LARGER THAN LAST YEAR. 15""or ','l'ck Ins oooo, Hudson my KXio. and Scattering Localities 2000 Head Hay Is Plentiful and Is Now Worth From 8.VB0 to 86 Per Ton Cattle Feeding In Alfalfa Districts is Increasing Every Year. Twelve thousand head of cattle are being fed in the alfalfa districts of Umatilla county this year, according to the estimates of stockmen who are In touch with the cattle situation. IT tills number 6000 head are being a m "u" """T creek district. 4000 in the Walla Walla liver district near Hudson Pay, and 2000 head on Mc Kay, Birch, Tutuilla and Wild Horse creeks. This Is a small per cent more than was fed last year. The number being fed on Butter creek ls about the same as last year, but the number being fed In the Walla Walla river district Is slightly increased over last year's estimates. Hay Is worth from $5.50 to $6 per ton and Is plentiful in every portion of the county and the number of cat tle ferl til tha nlfnlfi Hlatlto n. S(?S tQ icmliie from yenr (0 ye(lr. Small farmers on Butter creek, Hud- ?on Biy n"d other portions of the county are beginning to feed more cat tie every year rather than sell their hay in the stack and the feeding In now. 1 "ISI.MS, AS HAS, llEtN NEGRO QUESTION FIRST IN SENATE Skirmish Lines for "Irrepres sible Conflict" Open Spite ful Fire on Each Other. PENROSE AND FORAKER DEMAND THE RECORDS. Called Down by the Clialr and the Resolutions Go Over In Accordance With Senatorial Custom Warren of W yoming, Objects to Their Con sideration at This Tlmo Marslial Nominated for Montana, While W. C. Bristol Is Nominated for District Attorney of Oregon. Washington, Dec. 3. An expected perfunctory session of the senate waa given ginger by Penrose, who Intro duced a resolution calling upon the president for Information concerning the order dismissing three negro com panies from the army. The chair called attention to the custom that no business Is transacted until the senate has officially heard from the president, but Fairbanks could not freeze out the inquirers. Foraker was on his feet Instantly and called for the records of the case from the secretary of war. Warren objected to consideration of the Penrose-Foraker resolutions and they were allowed to go over. Arthur Leddifleld was nominated for United States marshal for Mon tana, and new cabinet members will be announced during the recess, be fore tomorrow's session. Bristol for District Attorney. f Washington, Dec. 3. The presi dent today sent the nomination of Moody to be Justice of the supreme court, to the senate. William C. Bristol was nominated to be district attome yof Oregon. United State Potato Crop Record One. Washington, Dec. 3. From a rough, example of the preliminary estimates, a compilation shows the potato acre age of 1906 to be 2.957.800 against 2.990.700 planted in 1905. The aver age yield per acre is given at 102.5 bushels against 87 last year. This would Indicate a crop close tm 300, 000,000 bushels as against 260.000, 700 in 1905. The big markets con tinue to receive full supplies of pota toes and prices are accordingly re ported to be dropping. It is claimed that In Northern Michigan are get ting supplies as low as 22 cents a bushel. This year's potato crop Is the largest on record. COST OF GOOD ROADS. Government Gives Results or Tests In Road Building. According to the year book of the department of agriculture, the good roads bureau of the government has built 96 sections of experimental road, aggregating 39 miles, since It was established. These samples of good ro.nl have been built In 2S states. During the year 1906 21 sec tions aggregating nine miles, have been built. The maximum cost of building good macadam road Is 9S cents per square yard, but the average cost on nil sec tions constructed has been but 55 cents per square yard. The average cost of what ls call sand-clay roads, is but 9'i cents a square yard. One section of burnt clay road cost ' 20 cents per square yard. The government now has four fully equipped road-mnking outfits In the field. Including the one which recently built the section of experi mental road on Wild Horse creek, near Pendleton. The force of engl neers and road-making outfits will be largely increased under the law passed March 3. 1905, creating the office of public ronds. Out of Hospital. Tom Mountain, who has been con fined In St. Anthony's hospital for the past month with an attack of ty phoid fever, is now able to leave his room, although very weak from the long siege with the disease. The steamer Toyowla is 23 days overdue for Manzanlllo, Mexico, and It ls feared has been lost with una Japanese laborers aboard. Alter tne Lund Thieves, . Omaha. Neb., Dec. 3. Testi mony of W. H. Campbell, an old soldier, was Impeached this morning by the defense In the land fraud cases, his statements on the stand disagreeing with his former deposition. Other witnesses told of Ming on claims for money paid by the defend ants, one swearing ho leased the claim before filing upon It.