OAILYEVENINGEDITION
The people who do the shopping and
buying, the people who watch the
advertisements closely, read the
East Oregonlan regularly every
evening.
WKAIHER FORECAST.
' Fair tonight and Thursday.
VOL. 20.
PENDLETON, OREGON, WEDNESDAY, MAY 15, 1907.
NO. 5978
DASLY EVO-i I NG EDITION
' " n 1 im
CQMPROMISF
GOVERNivitNT
Decision by United States Su
preme Court in Relation to
Reclamation Work.
WILL NOT AFFECT ALL THE
SCHEMES UNDER WAY
Only Those Projects Covering Land a
Majority of the Area of Which Is
Already Owned by the Govern
ment, Will lie UnaffecTcd At
Same Time Work of This Charac
ter In Territories Is In No Wis In
fluenced by Tills Decision, Which
Docs Not Pans on Constitutionality
of Law,
The Washington correspondent of
the Portland Oregonlan gives' a re
' View of a decision by Justice Brewer
of the United States supreme court
which may possibly affect, remotely,
the government Irrigation projects of
the west. The decision was render
ed in the contention between the
States of Colorado and Kansas, over
the use of the water of the Arkan
sas river, and brings up the constitu
tionality of the national reclamation
act.
In many places private Interests
are opposed to national irrigation
projects and every possible technical
point which may be found to preju
dice or hinder the reclamation of the
arid land by the government will be
Used to further private Interests. The
correspondent says of the decision
and questions arising from It:
The United States supreme court
in its decision In the Kansas-Colora
do case today Intimates rather
strongly that the national reclama
tlon act under which the federal gov
eminent Is spending upwards of $.10,-
000. 000 may be unconstitutional.
It Is not so held In specific terms,
but the opinion of the court Indicates
that the constitutionality of this act
Is In question, and it would not be
surprising Jf private Interests which
are Interfered with by . government
projects should bring suit to restrain
the government from diverting water
fin Irrigation purposes.
There Is a really one such suit
pending, brought by ex-Senator Tur
ner of Washington, on behalf ef an
Arizona company that wants to re
strain government work on the Colo
rado river, so that It can use water
to reclaim land In California. It Is
entirely probable that the Twin Falls
company In Idaho mny bring suit
in the light of today's decision, for
there Is prospect of a conflict be
tween the government and private
enterprises along the Snake river.
No Power to Itccliilin Land.
' In rendering the decision In the
Kansas-Cnloradn ease. Justice Hi ew
er, on behalf of the court, declared
that congress can only legislate In
respect to such matters as are speci
fically enumerated In the constitu
tion and that power to legislate with
respect to Irrigation of arid land was
not one of the enumerated powers
granted by the constitution. Upon
this subject he uses the following
language:
At the time of the adoption of the
constitution, within the known lim
its of the United States there were no
large tracts of arid land and nothing
which called for any further action
that which might be taken by the
legislature of the state in which any
particular tract of land was to be
found.
The constitution, therefore, makes
no provision for national control of
arid regions or their reclamation.
But as our national Integrity has
been enlarged, we have within our
borders extensive tracts of arid land
which ought to be reclaimed, and It
may well be that no power Is ade
quate for their reclamation other
than that of the national govern
ment But If no Buch power has been
ranted, none can be exercised.
The opinion holds, however, that
congress may legislate with respect
to Irrigation of arid land within the
territories.
Must Own Majority of Land.
Even though the constitutionality
of th national ltclamatlon law may
ultimately be sustained, If the ques
tion Is ever raised, the court strong
ly Intimates that under the law there
Is no authority for constructing gov
ernment projects unless the govern
ment owns a majority of the land to
he reclaimed, holding that the gov-
Hughes Is Winning Out.
Albany, May 15. Governor
Hughes' public utility bill unan-
lmously passed the assembly to-
day, which undoubtedly means
that Hughes will be New York's
candidate for president The
bill Is assured of senate passage
next week.
noV 0 us power to dispose of and
,40 - respecting Its own prop
art ,. But, It Is held, "we do not
e" mean that Its (congress) legislation
can override state laws In respect to
tho general subject of reclamation."
This part of the decision would
seem to affect the government work
now In progress In eastern Washing
ton, where the government does not
own a majority of the land to be re
claimed. In fact, is only a small own
er. Should the constitutionality of
the reclamation act be later estab
lished, It Is inferred from this de
cision that the government may later
lie compelled to construct Its works
In accordance with state laws and
construct enly projects the majority
nt whoso area Is public land.
AS TO DIVORCEES MARRYING.
Movement to Influence Congregational
Ministers.
Chicago, May IB. A number of
Congregational ministers are trying to
get the Congregational association to
adopt rules forbidding Congregational
preachers from marrying divorcees.
The crusade is caused by the notoriety
of the Corey-Oilman wedding.
HAVE ALREADY GAINED
DISTINCT ADVANTAGE
Two Large Employing Firms Have
Made All the Concesstfing Asked
For Have a Good Working Agree
inent With Philadelphia Long,
shoremen as Allies- Important
Crisis Will Arrive Friday.
New York, May 15. Following
two big victories today, the long
shoremen claim that before the end
of the week every steamship will be
whipped -into line and glad to get the
men hack at the increase!) wages de
manded. The surrender of the Ital
ian line, which took the men back
at the new scale, and the signing of
an agreement with Patrick T wormy,
the largest empiov-ir of stevedores
for Incoming vessels, are the two
victories which hav encouraged the
strikers.
The Philadelphia longshure.nen
have given assuiMii.-o they will not
unload vessels usuHly docking at
New York if they an sent to Phila
delphia. The Incoming fleet of liners due
Friday Is the largest since the begin
ning of the strike.
ICE TRUST FIXED H28.000.
Judge l'mu-11 of Kansas City Fines
Three Concerns.
Kansas City, May 15. Walter A.
Powell, Judge of the circuit court
at Independence, Mo., near here, to
day assessed fines aggregating $28,
000 against three Kansus City Ice
companies, which on April 30 last he
declared .to be guilty of maintaining
a pool to keep up the price of Ice
an.1 to restrict the manufacture of
that article in violation of the Btnte
anti-trust law.
The concerns were the i People's
Ice Storage Fuel company, $15,
000; Central Ice company, $8000:
Kansas City Breweries company, $5-
000.
Later Judge Powell ordered that
the charter of the People's Ice, Stor
age A Fuel company be forfeited and
that that concern be ousted from the
state. Attorneys for the People's
company announced that an appeal
would be taken.
Will Occupy Ellis Residence.
Dr. and Mrs. D. C. McNabb have
taken apartments at the residence
of Congressman Ellis, which they will
occupy until Congressman and Mrs.
Ellis lenve for Washington In Septem
ber, after which they will occupy the
entire residence during the absence
of the Elllses In the national capital.
Gilliam County Crops Good.
Charles Heln, who is farming 700
acres of wheat land In Gilliam coun
ty, Is In the city this week accom
panied by Mra Heln and says that
crcp prospects In that country are
excellent Farmers expect at least
25 bushels per acre In all of the bet
tor wheat districts.
Kidnaped Girl Found. , '
Denver, May 15. Martha Wooten,
aged 12, stolen a year ago at Butte,
has been rescued from gypsies. She
claims she was held as a slave and
forced to believe she was married to
a 12-year-old boy. Bhe will be return
ed to her parents.
Sued for $1200.
Charles H. Carter, trustee of the
estate of the late Mrs. Flgg Thomp
son, has filed a suit against W. L.
Rhodes et al to collect the sum of
$1200 alleged to be due upon notes.
The papers In the case were filed today
by J. R. Raley.
William Hondey, the Harvey coun
ty cattle king, has shlppped 902 head
of beeves to Omaha and Kansas City
from Ontario.
CLAIM
VICTORY
T
T OF WBffi
FINDINGS IRE MADE PMC
New York Telegram Says Report is Most Sensational in the
History of Interstate
"Railroad Competition Is Entirely Choked Off In One-Tlilrd of the United
States Area Enormous Int'cr-Rul Iroad Contracts Are In Violation of
Law Profits From Western Traffic Used to Manipulate Eastern Roads
Instead of to Develop the West Comiietltlou of 'Hurrlmun Lines' With
Sunta Fe System Does Not Exist" Prosecution and New Legislation
Demanded.
New York, May 15. The Evening
Telegram will publish what It says Is
an abstract of the findings of the In
terstate commerce commission during
the Investigation of the Harrlman
roads. The Telegram calls the report
the most sensational th commission
has ever Issued.
It states the commission found that
railroad competition Is choked off en
tirely in an area equal to one-third
the United States; that In this area
Harriman is absolute master; that
Harrlman's contract with the Rock
Island, Southern Pacific, Santa Fe, Ill
inois Central and the San Pedro roads
violate the anti-trUBt acts, and rec
ommends that the attorney general
proceed against them; that the pur
chase of shares of one road by an
other is a bad practice and should
be stopped; that the profits of the
great roads of the west are being used
to buy stock In and control systems In
the east Instead of developing the
west.
The report calls Harrlman's reor
ganization "One of the most remarka.
ble cases of manipulation and stocks
watering ever known." and demands
AGAINST ARMORY HILL.
Willamette Valley Grange Seeking
Referendum Vote on (100.000 Ap
propriation. W. W. Francis of Albany, a member
of the Linn county grange, Is In the
city today a guest of L. E. Penland.
while working for a referendum vote
on the armory appropriation of $100,
000 passed by the last legislature.
Mr. Francis is securing signatures
on petitions asking for a referendum
vote on this appropriation and believes
that sufficient names will be secured
In the state to assure the vote.
He Is also working for the referen
dum vote on the compulsory pass law
which was passed by the last legisla
ture. The people of Willamette val
ley believe that the legislature deserves
a rebulte for Its extravagances and
that several large appropriations
should be submitted to the people for
a decision.
In speaking of the university prop
osition .Mr. Francis said 'It Is the sen
timent of the grange that more should
be done for the public schools before
such large amounts were appropri
ated for the state university and on
this ground the referendum vote has
been asked for.
Mr. Francis is a prominent Odd
Fellow, being treasurer of the grand
encampment and will attend the grand
lodge meeting at La Grande. He was
formerly grand patriarch of the Ore
gon grand lodge of Odd Fellows and
Is a pioneer worker In that order In
the state.
GWINN RESIGNS TRUST.
Joseph ROM-ear Will Succeed Him as
Administrator McClnnU Estate.
Monte B. Gwlnn, president of the
Pendleton Savings bank, returned
home yesterday afternoon from Ida
ho, where he had been on business
connected with the estate of the late
Daniel McGinnls, of which he Is the
amlnlstratlon. The estate In question
Is a large one, being valued at over
$100,000, and has been the source
of much controversy. Since coming
to Pendleton Mr. Gwlnn has been de
sirous of being relieved of his re
sponsibility as administrator and
has resigned his position, the same
to take effect In the near future.
Josept Rosvear, vice uresldent of the
PROSECUTION ft! BOISE IS NO LONGER
OF
Boise, May 16. In connection
with the report that the state Is not
so confident of winning the Moyer-Haywood-Pettlbone
cases as It has
purported to be In the past, those
closest to the prosecution discuss
among themselves tht changed atti
tude on all sides since one year ago.
Governor Gooding no longer open
ly proclaims the belief the prisoners
will never leave the stats ally, and
SR
Railway Commission.
laws to protect the public against
repetitions. .
The report concludes that Harrlman
is abs'olute master of the Illinois Cen
tral And so powerful in the Santa Fe
as to prevent competition with his
roads. The combination of the Union
Pacific and Southern Pacific Is so
powerful as to suppress all competi
tion a,nd prevent building the San
Pedro to Los Angeles.
The government may institute many
great suits upon this report to dls
solve.the merger of the Union Pacific
and Southern Pacific, and bring
other uiu based upon manipulation
of western roads.
Don't Know How It Leaked Out.
Washington, May 15. It Is stated
today at the offices of the Interstate
commerce commission that It has ret
yet acted upon the recommendations
made to the commission In the re
port of Attorneys Kellogg and Sever
ance, extracts of which were pub
lished In .New York today. The at
torneys had copies printed for pri
vate perusal, and the commissioners
supposed they took every safeguard
against publicity.
Glenn's Ferry bank, has been agreed
upon -,vt 1 it, successor. "
The McGinnls estate Is located In
Elmore county, Idaho, and the dif
ficulty In settling tho same arose
over the fact that no will was left by
the deceased.
JAMES W. REDFORD DEAD.
Pioneer of Arlington Killed In Snn
Diego, Cal.
James W. Redford, who was killed
In an accident at San Diego, Cal., a
few days ago, was a resident of this
city and county for many years, says
an Arlington dispatch. He was pro
prietor of the Grande hotel here for
eight years and was popular on ac
count of his hospitable treatment of
all. Having been a prominent pio
neer rancher of this section, he en
Joyed the respect and esteem of a wide
circle of friends, who will deplore his
Iniglc death.
Mr. Re.lford's home of late years
has been at Old Town. San Diego;
that Is the old Mexican town, found
ed by the Spanish padres In Ihe 18th
century. He, with a friend, C. A. Gill,
was seated in a light buggy standing
on a street of San Diego. A team
hitched to a heavy dray and left
standing at a freight depot platform
took fright and literally ran over the
buggy and Its occupants. Mr. Redford
was Instantly killed and his companion
fatally Injured.
Sell TlmlH'r From Dam Site.
The reclamation service is endeav
oring to secure purchasers for a large
quantity of standing timber Immedi
ately surrounding lakes Clealum,
Kachess and Keechelus. all In Kittitas
county,' Washington. This timber is
now occupying lands which will be
submerged when the storage dam
which the reclamation service Is build
ing at the outlets of the above named
lakes, Is completed, and sealed pro
posals will be received at the office
In Portland, Ore., until September 2
for Its purchase. The contract will
Involve about 63,000,000 feet B. N.
of merchantable ' timber, 2000 tele
phone poles and 20,000 rnllroad ties.
Purehasers will be given 10 years In
which to remove the timber.
Tlire is now on hand ready for
apportionment among the school dls
trl'.ts of Washington $1,0311,000 state
money.
counsel for the prosecution are like
wise no longer openly declaring they
are sure to win the case, but declare
when the question is bluntly put to
them, "It is mighty hard sometimes
to convince twelve men where the
punishment is death."
It became evident early in today's
proceedings the defense wanted to
dislodge Juror Samuel Wlngate for
Implied bias without having exercis
ed a peremptory challenge.
ETON
TO SUPPRESS DEMONSTRATION.
Mayor of Indianapolis Says Labor
Must Not Protest.
Inllanapolls, Ind., May 15. The
mayor ' today ordered the chief of
police to prevent all demonstration
and the parade planned for Friday
night by organized labor as protest
against the enforced sale ordered by
the federal court of a union man's
property to defray cost of Injunc
tion proceedings successfully prose
cuted by the Pope Waverly company.
Onmpers is on the program to
speak.
CARS RUNNING ON SIX LINES.
Relieved a General Strike Will Yet be
Ordered.
San Francisco, May 15. Cars are
operating on six lines today. There
l no serious disorder.
Strike leaders confered today with
the heads of the unions represented
In the United Railroads' barns and
shops on th subject of a general
striko, which Is believed will be or
dered. ILL STREET IN
BULLYING WINDY CITY
TRADERS INTO A CRAZE.
American Conditions Tend to Help Out
Westerners, But European Condi
tions Support the Bull Movement
and One Dollar Wheat Is Predicted
on All Hands Other Grains Are
Little Affected.
Chicago, May 15. Much excitement
still prevails In the wheat market
Opposing forces are fighting for the
mastery.
Wall street and other outsiders hold
all the available supply and are still
buying. Insiders are trying to force
piives down to re-establish their
trade.
Wheat lost 1 3-4 at the opening on
favorable weather reports from the
northwest, but on account of scarcity
in Europe It is believed prices will
eventually go above a dollar and stick,
whether crops are productive In this
country or not.
Grain In Detail.
Chicago, May 16. Wheat opened
95, closed 93 5-8; corn opened 52 3-8,
closed 52 ',4; oats opened 44 6-8, closed
43 5-8.
CURE FOR MENINGITIS.
Seattle Physician Discovers New
Treatment.
Cure for malignant cerehro-splnal
meningitis is believed to have been
found in the Rogers .therapeutic
lamp and used with success In the two
cases In which It was tried by Dr. F.
A. Churchill of Seattle, says the Ore
gon Dally Journal. Two cases which
under ordinary treatment would
doubtless have proved fatal respond
ed to the treatment at once, and
both patients are now convallsclng.
The lamp used Is a 500-candle
power Incandescent therapeutic lamp
sii.-h as Is found in the equipment of
many physicians. The filament Is
large and the lamp Is provided with
a hood reflector, nickel-plated and
made of copper to Increase the light
The lamp may be attached to any
lighting circuit.
"The rays of light," says Dr.
Churchill, In explaining the action of
the treatment, "when applied to the
affected portions, promotes metabu
llsm: that Is, the cell action In car
rying off the waste matter and sup
plying new tissues. Light Is a de
stroyer of all forms of germ life, and
the rays from this lamp tend to
promote circulation and strengthen
the health forces of the blood."
Dr. Churchill applies the lamp by
holding it a foot away from the body
along the spine and neck. A 10
mlnute application brought rest Im
mediately to the patient that had
been for four days unconscious. The
patient Is now recovering, as Is the
only other one where the treatment
has been tried.
SHIPPING 10.000 SHEEP.
Sent East Todny by Blclmell & Oxmnn
Over the O. R. & N.
Today a big shipment of sheep Is
being made out of Pendleton over the
O. R. & N. company's line by Blcknell
& Oxman. The shipment consists of
27 carloads, and altogether about 10,
000 head are to be shipped out from
here by Blcknell & Oxman. The sheep
were purchased from various growers
in the southern end of this county.
Before the shipment was made from
here this forenoon the sheep were in
spected by Dr. .Plnkerton of the fed
eral Inspection corps. The sheep are
consigned to Rock River. Wyo.
Liquor Fight Lengthens.
In the county court today the Her
mlston liquor license fight Is still on
and at the rate the case Is progressing
It will be several days before the mat
ter Is disposed of.
CHICAGO
MARKET
BUEP PLEADED
GUILTY TODAY
Against Advice of Counsel,
Following Unsuccessful Ef
forts for Change of Venue.
THREE OF HIS COUNSEL
WITHDRAW FROM THE CASE.
One Remains Loyal Though He Pro
tests the Action of His Client Rue
Read From Manuscript a Remarka
ble Statement, Persisting That Ha
Is Innocent and That He Pleads
Guilty Only Because His Health Will
Not Allow Him to Stand Continua
tion of the Siege Being Waged He
Nearly Collapsed. '
San Francisco, May . 16. Ruef
pleads guilty to the charge of extor
tion. Three of His Counsel Withdraw.
After one of the most .desperate le
gal battles to avoid punishment for
crime in the history of California, Ab
raham Ruef today entered a plea of
guilty of the Indictment charging him
with extorting money from the French
restaurants under pain of having their
liquor licenses revoked.
The plea came as a thunderclap,
and following the defeat of the defense
In the last stand In the effort to se
cure a change of venue. When the
motion was denied the defense sought
a continuance, which was also denied.
Ruef then asked time In which to hold
a conference with his attorneys, and
this was granted. At the expiration of
half an hour Ruef and his counsel,
who had withdrawn to the Judge's
chambers, reappeared.
As soon as the court rapped for or
der, Attorneys Ach, Shortrldge and
Falrall In turn announced their with
drawal from the case. Attorney Mur
phy then arose, stating that he seri
ously disagreed with the action his
client was about to take, but declared
he would stay with him. After the
attorneys had concluded statements,
the prisoner, hollow-eyed, pale and
trembling, arose with a manuscript in
his hand. .
Riiefs Statement.
Ruef 8 statement was as follows;
"With the permission of the court I
desire to make the following state
ment against the protest of my at
torneys: To the public I have only
feelings of greatest kindliness, and I
here wish to make a formal statement
declaring they have always fully be
lieved me Innocent of all the charges
against me. My personal condition Is
such I cannot stand the terrible strain
of another three 'or four months In
court. Nightly In conference with
my attorneys, and long hour 5ver
law books, and dally appearance In
court have undermined, my health, so
that It would be beyond my physical
powers to endure It longer. More
over, strain upon those who are near
and dear to me Is such that their
health Is also undermined and they
are In a state of vital collapse; their
lives are in danger."
Ruef Nearly Collapsed.
Ruef appeared hardly able to stand
while reading from the manuscript
His voice faltered, his face twitched
and he frequently broke dcmj com
pletely and drank cup after cup of
water, and spoke very slowly.
"I have occupied a prominent po
sition in this city, and have long borne
an honored and respected name. My
private and professional life is with
out a stain. I have held up my head
among my fellow citizens, and Justly.
Until the election of 1906 my life was
clean and true to the high Ideals I
had always held. But a desire to
hold together a vast political machine
built up at extreme cost and great
personal sacrifice, caused be to lower
those high Ideals which I had held up
to that time so sacred.
"Now I have but one course before
me: to offer reparation Is my only
course. Whatever my future may be,
no matter in what lowly lines It may
be cast, I hope to some time again
re-enllst under the banner of good
citizenship and again exert all my ef
forts to sustain the high Ideals I de
serted. I am now prepared to make
the greatest sacrifice a man can make
to society. I do fhls to make what
wrong I have done right. I reached
this final determination late last
(Continued on Page 6.)
Pierce Must Stand a Trial.
St. Louis, Mny 15. H. Clay
Pierce, president of the Wat-
ers-Plerce OH company, must re-
turn to Texas to answer chargec
of perjury. Federal Judge Ad-
ams refused a writ of habeas
corpus at 2:16 today and order-
ed the prisoner remanded to the 4
custody of the police. Sheriff
Matthews wll take him to Texas
at once. 4