PA1LYEVENINGE01TI0H WKATHEB FORECA8T. Rain or snow tonight and Friday. If you wish to know how to buy what to huy, when to buy and where to buy holiday Roods, read the East Oregonlan advertisements. VOL. 19. PENDLETON, OREGON, THURSDAY, DECEMBER 6, 1906. NO. 5842 OAILY EVENING ED ITION j g) STREET SWEEPER ORDERED BOUGHT Will Cost $450 and Will Be Shipped at Once by Bead & Co. From Portland. FROI1ARLE ACCEPTANCE OF COURT STREET PAVING. Guttm Need Repairing, a Work Wild i Will Probably He PostHncd I'm II Spring HckiiIIm' of Firemen's , Election Itnliriiil Protect H"gl Icrcd Alxmt Alleged Dray lilockiidc on Aim Street lliiliincc on Hand In City Treasury November 30 Was 811,001.28. Within a few days Pendleton will have a street sweeper, for at the enun oi 1 meeting lust night one was pur chased from lieall & Co. of Port land for $4',0. It Is now at Portland ami is to be shipped at once. Aside from the bid of lieall & Co. then; was but one other last evening. It was from It. II. Wllrox, nnd the prlee was S 4 7 5 , ami 90 days' lime was asked for shipment. In behalf of the Warren company, Superintendent Sliewry of the local paving crew, asked that the work on Court street be accepted. He ex plained that while there were some repairs to be made In the gutters, such could le done better 111 the spring than at present. He was re rucsted to present the cost of the work on Court street, and It Is prob able the work will be accepted on condition that the repairs be made later. The official returns from the re cent firemen's election were given the council and upon motion J. L. Vaugh an, Claud Penland and Lee Drake were declared elected chief, first as sistant and second assistant respec tively. The liquor license of the Seattle Malting & Brewing company was al lowed transferred from Court street (The Lobby), to the Rainier Ueer hall on Main street. Councilman Thompson brought up the subject of the blockade on Alta street as a result of the drays stand ing abreast. After some discussion the mayor asked the street committee to handle the problem and to give such orders as are necessary, to the , marshal or street commissioner. Kills for the past month were paid and the reports of the recorder and treasurer received. FinancJnl Condition. The following facts regarding the present financial condition of the city are shown by the report of Treasurer Hamilton, submitted last night: Cash balance October 31, $9098.81. Received during the month: From licenses. 11559.06; from taxes, 105. 11183.33; sale of levee bonds, $18, 51; other sources, $1644; total re ceipts for month, $14,837.38. Paid out during month: On general fund warrants, $68711.05; levee fond warrants, $3452.86. Balance on hand November 3, $14,604.28. This amount Is divided among the various funds as follows: General fund. $1125.69; levee sinking fund, $2436.69; general sinking fund, $M16.18; levee fund, $9425.72. ADMINISTERED TIIE BOTTLE. I iFtfl to Get Satisfaction From MeidJolna Man. Tws badly battered Italians sought sucoer of the police this afternoon following an Interview with a "medi cine man" In the west end of town. According to the tale given the mar shal the two foreigners had purchased some medMne of their assailant It was guaranteed to "cure everything or money refunded." Falling to get proper results from the medicine the Italians returned the same and de manded their eosh. It was then that trouble ensued end from appearances the medical man had applied his stuff, bottle and all, to the heads of his dissatisfied patients. . They were both badly cut and 'bleeding when they made the complaint to the offi cers. The case will probably be tried out In the Justice's court. Prison for Scalp Swindler. Ogden, Utah, Dec. 6. Will Swan, formerly member of the Swan Land & Cattle company, which owned thousands of acres of land and 250,000 cat- tlo In Wyoming, was todny sent to prison for five years for scalp bounty frauds on the state of Utah. Swan Imported pelts from South America and col- lectod bounty on them In nearly every county In the state. 8. Lobby Will Auk for $50,v.. r Their Improvement. V Washington, D. C, Dec. 6 1000 delegates are In Washing!)., nivori and Ua rhnra rnnvrpad CU O ' ca non and Burton spoke today. The convention seeks $50,000,000 from the government to Improve the nation's waterwnys. Ransdell report ed that after a 20.000-mlle tour he found the sentiment of the people In favor of general Improvement of the waterways as a remedy "for wholly Inadequate service furnished by the railroads." W ILL INVESTIGATE DEATH. Dttwl Woman Infatuated Willi Trav eling Hypnotist. Chicago, Dec. 6.: Coroner Is today Investigating further the death of Mrs. Rose Vrzall, on suspicion that she was murdered, and decided to ex hume the body of her children and husband. Martin Vrzall, all of whom died suddenly. The police found a Inve letter from Mrs. Vzrall to Hlllatos, a hypnotist, who Is under suspicion. Dlllak's wife gave them this letter nnd says they had quarrels on account of Billak's attention to Mrs. Vrzall. OLD MAN TO PRISON. Helped Ixit llu- Milwaukee Avenue suite Rank. Chicago, Dec. fi. Haghiirth Grcg erson, aged 67, formerly exchange teller of the defunct Milwaukee ave nue State bank, pleaded guilty today to the theft of J1R00 ami was sen tenced to an Indeterminate term. He said he took the money to "help a beauty doctor." SOFA E SHARED I1Y PENDLETON AND PILOT ROCK ALIKE. QueMinn Is Whether There) is Any thing Behind (lie Revamping of the Report That the) Northern Parlflc Will Build a Peiullcton-Pllot Hock Extension Report Discredited by Pendleton POople "Who Ought to Kuoxv." Is the Northern Pacific preparing to build a line from this city to Pilot Rock for the purpose of competing with the O. R. & is. company? Dur ing the day a rumor become current here, and also at Pilot Rock, that some Northern Pacific surveyors are In the field between here and that town. They are said to be following the route up McKay creek which at one time was proposed as the most feasible one for n road to the south from Pendleton. The rumor regarding the surveyors has caused a revival of the old belief that the Northern Pnciflc wishes to extend the W. & C R. southward and that it looks with- Jealousy upon the work thnt Is now being done for the Harrlman people. Report Is Discredited. Thrt If there are some Northern Pacific surveyors In this vicinity they hare been very secretive. According to Walter Adams, local W. & C. R. agent, he knows of no such a party. Oolonel J, H. Raley, one of the Incor porators of the old Pendleton Rail read and Coal company, which Is said to have negotiated with the Northern Pacific people at one time, declares he knews nothing about the present plana of that company. C. E. Roose velt, who has alao been Interested In the branch line proposition In the past, says lie Is wholly ignorant of the matter, while Leon Cohen, president of the Commercial association, de clarea that If James J. Hill has plans for a Pilot Bock road, he is not aware of the fact Three Brother for Life. Atlanta, Oa., Dec 6. The governor today commuted to life Imprisonment the sentence of death given Milton and Jesse Rawlings, sons of the preacher hanged today. The sons were convicted of the same crime as the father the murder of two Car' ter children. The third son, Leon ard, Is already serving a life term for the same crime. Stoic Trolley Car Fares. East Liverpool, O., Dec. 6. A stranger boarded a trolley car and ran It four miles, collected all fares and escaped. The motorman was fooled by perfect signals, the car be ing curtained on account of rain. Pigeons Make Good Time. Samuel Roome, Wells Frtrgo ex press agent, has heard from the car rier pigeons ho liberated here a week ago Sunday, soys the Eugene Gulrd. Of the 47 birds liberated, 40 of them reached Portland, the first one to ar rive making the trip In two hours, eight and one-half minutes, which Is almost a mile a minute, . WATERWAYS AND 1 PARALLEL WAR 15 Washington Officials Inclined to View Japanese Issue as a "Tempest in a Teapot." JAPANESE COULD HAVE BEEN APPEASED EASIER. California Congressmen Accused of Talking Largely fur Home Con sumption, Though Determined as to Exclusion of Jupiincse Coolies Mc Cull, of Massachusetts, l'er-lsts In Giving the Most Sinister Construc tion to the Message and Hopeless interpretation for the Future. Washington. Dec. 6. MlnlslerAcki and Hoot conferred on the San Fran ciscn schools and proposed a test case toduv, Aokl later was with Roose velt. War (loud Dissipating. Washington, Dec. 6. After i lining jp the country and giving the excit able ones food for expression, the war cloud of l'.Hili Is already dissipated, leaving only the rumbling of a court cafe, in California. Officials most concerned regard the whole thing as a tempest in a teapot. It is not con sidered Justification for the talk It lias caused, to say nothing of the seri ous talk by members of congress anent the ghost of states' rights. Those, holding the views of the president on the Japanese question, think he could have 'appeased the Japanese by less advanced declara tions. The California congressmen who have talked almost continuously for three days are thought to be talking for home consumption, though at the same time are serious in their conten tion that Japanese coolies must be excluded In the same way as Chinese. MeCtill's Sinister Construction. Wahlngton, Dec. 6. Representa tive McCall. of Massachusetts, repub lican, says: "It would be the same for the president to put himself at the head of the army to administer all the other laws of the United States. When guns have battered down what the earthquake left of Sa Francisco, the disloyal province will be put to the sword to assert the right of Japanese to a public educa tion. We will bo taught a short cut t-a enforcement of the laws." REFORM IN CHICAGO. Dreriklmr I'p Connivance of Officials With Social Vice. Chicago, Dec. 6. The new munici pal court has unexpectedly promised to be the greatest force yet discover ed In the suppression of the evils of the under world. The Judge going to preside In the district frequented by the levee habi tutes. He today ordered 60 women to leave the city and Issued subpoe nal for clerks of former Justices under the old system, charging straw bonds had been made. He said the conviction of officials conniving at the trade Is certain. RAILROAD STATION BURNED. Heavy Property Lose anil Nine Per. sens Injured. Lynn, D?c. 6. The Boston & Maine railroad station was destroyed by fire. Loss, $460,000. The fire was controll ed after nine were Injured, none fa tal ly. The police report that apparent ly none were killed. After being a dry town for many years, Oakcsdalo, Wash.,' a few days ago gave a two to one majority fbr continuance of that policy, all the new officials favoring a dry town. TO REDDGE COST A movement has been started by school men In Oregon to reduce the size of the volume of school laws Is sued for the use of district officers. At the present time a large book of several hundred pages, containing all laws pertaining to schools, educa tional boards, school book boards and every minute reference to educational matters, contained In the entire code of Oregon, Is Issued for the use of all school officers. The result Is endless confusion and misunderstanding. Country district officers do not have time to search through this Immense volume for an explanation of their duties and the re sult Is that the law Is not rigidly ob served, or else the office of county superintendent Is flooded with use less Inquiries concerning the common est duties of school officers. CLOUD T GRAFT GASES GALLED TODAY Mayor Schmitz and Abe Ruef Listen to Charges Against Them in Open Court. RUEF HAD TO BE ORDERED TO STAND BY THE COURT. Hclimitz Was Affected Disagreeably. Being Nervous and In a Daze Ruef Hud an Air of Disdainful Indlffer. dice Proceedings Witnessed by u Large Turnout of Clticns Roth Arraignments Finally Adjourned Till Next Monday on Motion of the Defendants. San Francisco, Dec. 6. The cases against Mayor Schmitz and Abraham Ruef en charges of extorting several thousand dollars from the French restaurants, was called In Judge Dunne's court at 10:15 this morning. Schmitz Hood while the charges were read, but Ruef remained seat ed. Prosecute r Heney protested against this action on the part of Ruef. hut the boss paid no attention to the protest. .Schmitz appeared very nervous, but Ruef was unruffled. The court room was crowded, many having gathered early to gain admittance. When the reading of the charges was concluded counsel for Ruef. speaking for Ituef and .Schmitz, asked for a continuance until Monday, on the ground they had had no opportunity until today to read the Indictments. A lengthy argument followed on the question of continuance, the court finally permitting the cases to go over until Monday, at which time Schmitz and Ruef must plead. The court, however, ordered the Im mediate arraignment of the defend ants. Ruef remained in his seat, but the court compelled him to arise and remain standing while the Indictments were read, saving, "The defendants In this case stand In no different position than would John Jones or William Smith." Ruef smiled throughout the reading, while Schmitz stood like a man in a dream. New Scries of Charges Made. Ban Francisco, Dec. 6. It Is said that within a week Chief Dlnan will again be called before the grand Jury this time to explain why 250 pool rooms, operated by a syndicate, are permitted to conduct business with out molestation. All the rooms, many for the exclusive use of women, are located within a radius of a dozen blocks in the unburned district. PRIVATE CONSISTORY. Public Meeting Abandoned on Threat of Assassinating the Pope. Ri'.tre, Dec. 6. The pope today called off the public consistory an nounced late last evening, it is report, ed on account of fear of assassination which has bene threatened lately. The pope Insisted upon holding the consistory, but threats were so strong he finally gave up, being told that not only his own life, but that those of thousands of devotees and zealots from all the world gathered to attend, were endangered. In private a consistory was held which conferred the red hat on Car dinal Sammaska, WOULD MAKE THE PACKERS PAY Would Limit Ship Subsidy to South America and Orient. . Washington, Dec. 6. Senator Bev erldge Introduced a bill tnrisv ni-n vldlng that the cost of meat Inspec tion be paid by the packers. Orosvenor agreed to revision of the snip subsidy measure to confine aid to South America and oriental lines only. OF PUBLISHING LAWS Leading educators will endeavor to have the legislature order two sets of school laws published one contain Ing all the necessary laws for the guidance of school districts of the second and third class and the other a larger volume as at present, con talnlng all the laws referring to edu catlonal matters for the use of super Intendents and officials having ad mlnlstratlve dutlss to perform. It Is estimated that such a change in the form of the school laws would save fully one-third of tho expense of publication and would reduce the size of the book to be used In country districts until the present confusion would be avoided. Superintendent Frank K. Welles of Umatilla county, Is In favor of sim plifying the school laws and cutting down the expense of publishing them as Is proposed in this movement. R. A. KELSAY SOLD OUT. No Longer In Cunningham Sheep and Land Company. R. A. Kelsay, one of the Incorporat ors of the Cunningham Sheep & Land company, has sold his stock in that large concern to the other men In terested and Is now no longer con nected with the business. The deal was made here several days ago when the annual stockholders' meeting was held. At that time Messrs. Burgess, Keeney and Dan J. Malarkey were present aside from Mr. Kelsay. The Interest of Mr. Kelsay, a two-sevenths Interest in the company, which is In corporated for $70,000, was pur chased Jointly by the other three men In the company. It Is said that one half of Mr. Kelsay's stock was taken by Mr. Keeney, while Messrs. Burgess and Malarkey each took one-fourth. Mr. KelRay has been a stockholder In the company since It was organ ized over a year ago. At that time the business of Charles Cunningham was purchased by the company at a figure In the neighborhood of $250, 000. This afternoon Mr. Kelsay stated that he has no definite plans for the future excepting that he Intends to rest during the winter In hopes of re covering from an Injury he received to his ankle about a year ago. He may moke a trip south and Into old Mexico. Dynamite Explosion. Houghton. Mi'h., Dec. 6. One Is dead and two fatally Injured as a re sult of a dynamite explosion at Quln cv yerterday, which for a time Impris oned 4 0 miner!'. Storm on Atlantic Coast. Norfolk, Dec. 6. A terrific storm races alone the coast from Florida to Delaware. All shipping Is scud-! ding for shelter. OF THE GLEE CLUB AN ORGANIZATION WAS EFFECTED LAST NIGHT. Ten Dollars Cash Waa Donated on lite Sjwt by Outsiders Deeply Interested in the Musical Phnse of Life In Pendleton Full Corps of Officers Chosen, and the Next Meeting Will Re Held Tomorrow Evening at Club Rooms. With a charter membership of 16, the Commercial Association Glee Club was duly organized last night and there Is now $10 in the treasury, $5 each having been donated the organ ization by T. C. Taylor and Robert Forster, who chanced to enter the room while the meeting was In pro-! HERS gress. county In announcing the pro- There were a dozen or more In at-' posed election was and Is quasi Judi tendance when the meeting was called ; clal, and It Is not In any sense or from to order by Koy Raley. A committee i any viewpoint "county business" re on by-laws was appointed, and after quiring action by the county board at such had been drawn up those present a regular session, and that the action signed the same, thereby becoming by the county Judge when In session members of the club. The election of ! for any purpose whereby notice la officers was then held, and the fol lowing were chosen: R. E. Tarbett, president; Lee Drake, vice president; Glenn Goodman secre tary and treasurer; D. B. Bailey, manager. The selection of a director was postponed and a committee con sisting of M. A. Rader, Willard Bond, C. B. Nlsson, D. B. Bailey and W. D. Pasley was appointed to select such an official. Another meeting of the club will be held Friday evening. The following Is the list of members at this time: Bass J. R. Raley, L. D. Drake, W. D. Pasley, C. B. Nlsson, F. W. Bond, Cliff Turner, a. O. Goodman, Roy Alexander, Edgar W. Shockley, Ernest Ruppe. Tenor R. K. Kelly, George Baer, M. A. ttader, F. O. Mitchell, R. E. Tarbet, Haxry Morrlsy. . THOMPSON CRITICALLY ILL. Surgical Patients Generally Recover ing Finely. Wallace Thomson .son of O. F. Thomson, is critically 111 at St. An thony's hospital with Brlght's disease. Doubts for his recovery are held by Dt. W. Q, Cole, the attending physic ian. Within the past few days a number of surgical patients have been treated at the hospital and have now recover ed sufficiently to return to their homes. Mrs. Claude Hanscom was re cently operated on by Dr. Cole for trouble with the cervical gland of the neck. Mrc. Henry Hill was recently operated upon for appendicitis and has since returned to her home. Mrs. Walter Jennings, of Umatilla, also left recently after having been ill at the hoRpit il with typhoid. A son of Matt Denning wns recently operated on for appendicitis and has since re covered. Chicago Wheat Market. , Chicago, Dec. 6. Wheat opened at 73 5-8, closed at 74 8-4: corn opened at 42 i, closed at 42 3-4; oats opened at 33 3-4, and closed the same. L PEOPLE UPHELD Judge Smith's Decision is that the Freewater Election Was Legal and Operative. DECISION MAY RESULT IN A WIDESPREAD REACTION. Apparently, ir the Freevvater Election Was Valid, Many Other Electiona Throughout tho Stnto on the Local Option Issue, Wherein the Result Wns a Decided Victory One Way or the Other, Will Re Null and Voll Below Is Given the Full Text of Judgo Smith's Decision. By a decision Just given by Judge William Smith of Baker county. In the Freewater saloon case, the side of the local option people has been up held throughout and no saloon will be allowed to operate there unless the decision be altered by the su preme court. The case was tried be fore Judge Smith upon change of venue because Circuit Judge Bean was serving as county Judge when he ordered the Freewater local option election. In the Freewater case the main point of the defense was that the Judge had no authority to order the election, but that it should have been called by the entire board of commls- ' state the commissioners called the elections and now the j question Is raised as to whether or not their ac tions were legal. Should Judge Smith be affirmed by the supreme court, there Is a possibility that all other places In the state may beqome wet because the commissioners Instead of the Judge alone ordered the elec tions. Full Text of tho Decision. The decision of Judge Smith, has Just been received by District Attor ney Phelps, and It is as follows: In the Circuit Court of the State of Oregon for ymatllla County. State of Oregon, plaintiff, vs. James McElrath, defendant This cause having heretofore been submitted to the above entitled court. Judge William Smith of the circuit court of Baker county, presiding, and the said court having heard argu ments of respective counsel thereon and having considered the said cause, and being at this time advised In the premises, finds that the said election mentioned In the stipulation filed herein and upon which this said cause , Is tried was In all things regular. That the act of the county Judge of given of the holding of the proposed election under the act In question satisfies the statute, as does the act of the said Judge In declaring unlaw ful the sale of liquors In the district wherein the election was held, and prohibiting such sale In such district thereafter, and the court further finds That the license held by the de fendant from the council of the town of Freewater when he committed the acts complained of Is of no avail herein. Wherefore the court adjudges the defendant guilty as charged in the In formation. WILLIAM SMITH. Circuit Judge. Dated this December 6, 1906. Night Operator Slugged and Robbed. De Soto, Kan., Dec. 6. A robber this morning knocked Xona Heckert, night operator for the Santa Fe at this station unconscious, robbed the money drawer and escaped. A pri vate soldier convict who escaped yes terday from Fort Leavenworth, Is suspected. Three hundred Japanese are said to have entered the United States from Mexico since November 1. All were contract laborers who deserted their work in Mexico because of con ditions of virtual slavery, and 111 treat ment. Criminal Carolcwniow. St, Louis, Dec. 6. The coro ner's Jury today charged Mrs. Laura Milton, owner of the building In which the Salvation Army fire occurred, with crim inal carelessness and the re sponsibility for the deaths of 13 lodgers, by falling to place fire escapes according to law. Mrs. Milton claims her agents had failed to keep her Informed of the condition of the property. 0 DPT ON