East Oregonian : E.O., June 03, 1907, DAILY EVENING EDITION, Image 1

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DAILYEVENINGEDITION
The people who do the shopping and
buying, the people who watch the
advertisements 'closely, read the
East Oregonian regularly every
evening.
WEATHER FORECAST.
Fair tonight and Tuesday.
VOL. 20.
PENDLETON, ORECJON, MONDAY, JUNE 3, 1907.
NO. 599
DAILYEVENINGEDITION
FORAK IWST
THE INJUNCTION
Arguments on in Jrdge Wol
verton's Court in Washing.
ten-Oregon Sheep Case,
iLMLF.Y CONCLUDES THIS
EVENING FOR THE DEFENSE
SVoHhingtou Men Sulimlt Affidavit
-That the Sheep In Controversy
Have Itcen Dipped Under Direction
of Federal Quarantine Officers and
Have No Scab Main Line of Judge
Hnilcy'g Argument Is to Prove Con
stitutionality of tlie Slate Law -Temporary
Quarantine tlie Issoe.
' Before Federal Judge Wolvetton
. arguments In the Washington-Ore-
gon sheep ca-ie were commenced Sat
urday afternoon and at 7.30 this
evening a special session f court will
be held for the purpose of allowing
T. (I. Halley to conclude -his argu
ment for the defense.
At the session Saturday tlie' Oregon
men, through Judge Halley, 'filed an
ant wer to the complaint .In which all
of the material allegation' contained
therein were denied. Also, a num
ber of affidavits regarding: the Infect
ed condition of the Washington sheep
were filed.
Controverting these affidavits the
attorneys for the Washington men
Med affidavits from Dr. S. B. Nelson
of Pullman and W. C. .'Johnson, a
sheep owner and deputy inspector for
Walla Walla county. Thes affidavits
were to the effect that'the Washing'
ton sheep InvoKed In the suits are
free from K'ab and have been dipped
under the direction of federal quar
amine officials. In their oral argu
mcnts ' Mesra. Bryson -and Cain, at
torneys for the Washington men, held
that the Oregon sheep law Is uncon
stitutional In that It prevents free
commerce between the states and de
nics to the citizens of one state rights
het are enjoyed by those of another.
For the defense. Judge Hai'ey ar
gucd In favor of the constitutionality
of the law. and he wMl conclude his
argument this evening. It Is con
tended by the defence that the law is
entirely regular and that It does not
discriminate against the stockmen of
'Washington. Also, that the object
of the fiuarantine provision of the law
'is n.erelv to protect the Oregon flocki
against Infection from diseas?d sheep
of other states.
The present hearing In the federal
court Is for the purpose of allowing
ihe Oregon men to show cause why
.a temporary Injunction against the
enforcement of the law as to outside
Sheep should not be ordered. The
oufcome of the case Is being awaited
with Interest by local stockmen.
WORK OX THE TIETfrN PIIO.IECT
Government Has Hundred, of Men
lit Work Near Ylma.
The government work on the Tie
ton ditch Is beginning to -take shape,
snye -the Yakima nepubllc. Four
hundred men are at work -on the line
nt camp No. 1 and higher up, not to
mention large number who are In
the employ of Contractor Welsberger,
who 1 getting lendy to manufacture
the cement "shapes" that wWbe used
to line the. ditch.
The road from Naches City up la
lined with t tennis and men all the
time. A vast amount of staff, con
sifting of tupplles and machinery, Is
being taken -In, and freighters are
making big money. On aome kinds
of stuff that its being hauled Into
camp No. 1 -the -men with four liorso
teams are snaking $15 a day, the rate
being 55 cents per ton per mile and
the road being 1n flrst-clnss shape.
At camp No.. I. which la 14 miles
from North Yakima, buildings have
teen put up to accommodate the en
gineers, clerks and men who are
-working Immediately tunder the su
pervision of Emest McCulloh. Good
comfortable living, eating and office
houses have been put up, and all the
mi are well provided for. Laborers
ore getting 12. fin per day of eight
hours and pay 76 cents a day for
board and $1 a month for hospital
fees.
At camp No. 1, which la at the
bottom of the hill below the lower
end of the long Tleton tunnel, a pow
er plant la being put In and arrange-
First fiteniner In at Nome,
Nome, Alaska, June I. The
Corwln arrived lost night, the
first steamship of the season
from the outalde. She was
three days In the Ice. The gold
clean-up to date la $3,000,000.
ments are being made for a tramway
to run from the bottom of the hill to
the work 460 feet above. The recla
mation men have taken 'out a large
ditch about halt a mile above the
camp, and at the lower end are
building a power station where a
wheel Is being installed that will de
velop 400 horse power. This power
will be used to oerato thetramway,
to run the drills In the tunnels and
to furnish lights. The ditch Is now
ready to turn water Into, but It will
be two or three weeks before the ma
chinery will be ready to run.
There are three or four camps far
ther up the canyon. The roud far
ther up is not In as good condition as
to this point, but It has been Improv
ed a good deal by the government
and muc"h stuff Is being hauled over
it. About three-fourths of the men
on the lob are above the loww camp.
Fnffineer McCulloh says the work Is
progressing satisfactorily. There has
been some delay about getting In the
machinery to be used at the power
station and In the tunnels, but that
Is now arriving rapidly and before
the summer Is over Ihe great govern
ment project will be showing up In
fine shape.
FLECTION TODAY AT PORTLAND
Portland, June- Tt: The heaviest
enrly vote In the history of the city
mix polled tills morning In the mu
nicipal election, Hurry Lane la the
candidate for re-o'loetlon pn the dem
ocratic and Independent tickets, and
Thox. Devlin, republican. Open or
closed town Is the Ictie.
OF
ILL
DEDICATORY SERVICES BY
IRISHOP DAVID MOORE
Followed the Evening Sermon by Dr,
Coleman At Each of the Tliree
Servhw 'Held Yesterday Close to
Ono Thorn sand Persona Were In At
tendance Ithdiop Moore Preaclicd
In the; ForoiHion and Prodding El'
dor KUIpworth In tlte Afternoon.
Last evening the new Methodist
church was officially dedicated by
Bishop David H. Moore after over
$14,0 bad been subscribed towards
paying for the church during the day.
It had been planned to have the ded
ication ceremony performed In the
forenoon, but owing to the time tak
en In raising the subscription it was
necessary ' to postpone the ceremony
until -ti-'vifig. The dedication cere
mony '"led out by Bishop
Moore inniiertl.itoly after the conclu
sion of Tr. V'oieman's sermon In the
evening.
Three services wore held yesterday
nt the church as was planned, nnd at
all of them-the large edifice was fill
ed. For t'.ie morning service the
church whs filled at an early hour
and It waw neeetsary for some to be
turned away. It is estimated that
clore to 1000 people were In the con
gregation both nt the morning nnd
evfnlng service.
Atlde from the postponement of
the dedication ceremony the day's
program was carried out practically
as nnneunced. In the forenoon the
sermon wnsi by Bishop Moore and a
solo, "Fear Not. Oh Israel." was ren
dered by Mrs. J. P. Landers. In the
afternoon Presiding Elder " Walton
Sklpworth preached, while In the eve
ning the large audience listened to
Dr. J. H. Coleman, president of Wil
lamette University. Severe! Instru
mental selections were rendered by
Mrs. W. C. E. Pruttt.
IN THE CIRCUIT COURT.
Warner Will Case and Little Walla
Walla "Water, Suit.
It Is understood that the Warner
will case, the civil suit, will be act for
trial tomorrow, upon the return of
Judge Benn from the country. The
case will then be tried out some tlmo
during the month.
The Warner civil suit has been
pending for many months, hut owing
to the criminal trial nothing his been
done with It so far. It arises out of
nn effort on the part of Mrs. Warner
to hnvo the will filed for probate nnd
hi which the property Is left to heirs
other than herself, set aside. Winter
& Collier represent Mrs. Warner, Mc
Court ft Phelps and Judge James A.
Fee the heirs, while S. A. 'Lowell Is
artwrney for B. B. Hall, administrator
of the estate.
Water Suit Also.
Another Important case that will
also be taken up again soon Is that of
the Little Walla Walla water suit,
pending from the east end of the
county. Some evidence In the case
was taken last winter, part of the
session being held at Milton. It Is
understood that henceforth all of the
evidence will be taken here. T. O.
Halley now has charge of the case
for the Peacock . Milling company,
having been retained In place of Will
R. King, upon the latter's appoint
ment to the supreme bench.
DEDICATION
CD
Wl
PROSECUTE
E
In Anthracite Coal Carrying
trade Carriers of bitu
minous Not Involved.
INTERSTATE COMMISSION
INVESTIGATION IS ENDED.
Trial lias Begun at Washington
Wiihdi May Determine Who Gave
Awny Government Ktatlnclcal So
rrels Which llCKiiltvd In One Firm
donning Up 8200,000 In the Cotton
Market In New York Principal
Iteiicflclurles Are In Foreign Climes
Ctilliim Is Bac'k'lng ltooscvclt.
Washington, June 3. It Is an
nounced this afternoon that the pa
pers In the Investigation of the an
thracite coal carrying roads have
been nlnceri In the hands of Assistant
Attorney General Purdy. with instruc
tions to "Take such action as he deems
advisable." It Is explained that the
bituminous roads are not Involved.
It is understood the recommenda
ilonn are stronglv In favor of prose
cution under the anti-trust laws. The
department of justice believes that
conspiracy In restraint of trade exists
In handling anthracite.
-Cotton Ixiik" Scandnl In Court.
Washington, June 3. Edwin S.
HnQmes. Jr., formerly assistant statis
tician of the agricultural departments,
wjn, placed on trial today charged
with conspiracy In the "cotton leak"
scandal. He was Indicted in 1905
with Frederick Peckham and Moses
Hans. Holmes faces the court alone,
the government so far being unable to
extradite Peckham and Haas.
It Is alleged Holmes gave advance
Information about the cotton crop to
Haas & Peckham, New York brokers.
It is charged the conspirators made
$200,000 before the leak was discov
ered. Holmes pleaded not guilty. The
regular ranel was quickly exhausted
) -md a new one ordered.
Odium Backs Roosevelt.
Washington, June 3. Shelby M.
Cullum told the president today his
Indianapolis Bpcech Is one of the best
"ho ever made. Later Cullum said, "I
think congress will not hesitate to en
act into law the president's reason
able recommendations for more rail
road legislation. It Is certain that
some lego am'Mi u:ni ut utj.iuu- j
17itlon n-IU be passed by the next j
congress." I
I! At) FIRE AT JORDAN VALLEY.
lintel and Barn Worth S20.000 Were
Destroyed.
Jordan Valley. Ore., June 3. The
Monopi !e hotel and barn were entire
ly destroyed by fire early this morn
ing, resulting in a loss of over $20,
000, with but $6000 Insurance. The
plate glass front of the Jordan Val
ley Mercantile company was shatter
el by the heat and damages from fire
Jtnd water amounting to about $1000
were sustained.
The fire started about 4:30 this
morning In the hay mow of the Mon
cpole barn and quickly spread over
the building. Seven valuable horses
were consumed by the flames before
thy ' could bo reached. Their strug
gles are said to have been most pit
iable. Fifteen sets of harness, several
vehicles and quite a quantity of feed
wns destroyed. The flames, fed by
the dry pine timbers of the barn,
produced an Intense heat, and were
quickly communicated to the hotel,
which was soon a seething furnace.
The building, a two-story frame
structure, was owned by Harry Scott.
Nettling waa saved, except a few
things from Mr. Scott's room. The
bar, which occupied a part of the
building, was also a total loss. Mr.
Scott's loss on building and contents,
together with the barn, also owned by
him, will amount to over $20,000. The
Chinese eook lost $200 In currency
that was burned In his room.
At first U was thought the origin of
the fire waa accidental caused by
the careless dropping of a lighted ci
gar stub or cigarette. This belief
was modified somewhat when a hobo
was detected stealing a suit of clothes
from the hotel and was found with
Harry Scott's watch on his person
that he had taken from Mr. Scott's
room. The hobo said hi home waa
In Salt Lake. He had been seen about
town Inst evening and It Is now the
opinion of many that th tramp set
fire to the barn. He will be held for
Investigation.
eooo Sheep Over W. A C. R. Today.
A shipment of C00O head of aheep
waa made from here today over the
W. A C. R. The sheep were recently
bought by James Wright, the North
Yakima buyer, of J. B. Smith. Jhey
are range sheep.
SM
RAILROADS
HAYWDGL1
JU
1
COMPLETE
Defense Used Their Last Per
emptory Challenge to Get
Rid of a Boise Banker.
JUDGE WOOD "SOAKS" THE
DEFENSE SEVERAL TIMES
Taking Evidence Will Begin Tuesday,
When Court Will Meet at 9:30 a.
m. Prosecution Swore to and Se
cured Admission of a Lint of Nine
Witnesses of Whom Nothing Has
Heretofore Been Known Haywood
In Good Condition Physically and
Denies He Is EltlK-r Nervous or 111.
Poise, June J. The Haywood Jury
was completed at noon by the selec
tion of o. V. Sebern, a rancher. Se
hern's selection followed the per
emptory challenging by the defense
of Alfred Eoff, a local hanker, who
admitted prejudice against the West
ern Federation. This exhausted the
defense's Jeremptorles and compell
ed It to retain J. A. Robertson, a car
penter, whom It Intended challeng
ing.
Begin to Take Evidence Tuesday.
Taking of evidence will begin Tues
day morning at 9:30.
The Jury was sworn as a body and
court recessed until 3 o'clock this af
ternoon. After the Jury was com
pleted the prosecution offered an af
fidavit containing a list of nine new
witnesses they wanted entered on the
records. Richardson strenuously ob
jected. He charged bad. faith and
declared the names were sprung on
the eve of taking evidence with In
tent to deceive the defense. He
quoted a recent decision of the su
preme, court to sustain the conten
tion. Wood ruled against the de
fense. .
At 3 the court will be reassembled
and the Indictment read, bailiffs se
leeted and adjournment taken until
9:30 Tuesday.
Ijist SklrniMi Over Jurymen.
Boise, June 3. When court con
vened at 11 this morning In the Hay
wood murder trial. Judge Wood an
nounced the Jury must be completed
before final adjournment for today
will be permitted. As but two are
required to quality out of 39 venire
men remaining, this should be com
paratively nn easy task.
Il.iywood came Into court a few
liMnutcs before assembling. He look
ed "fit" and was highly Indignant
over '.he circulation of the report that
be Is broken dowm. He said he felt
first rate, and his nerves were never
better. Poth sides profess to be sat
isfled. Ten Jjirors have been selected,
They are chiefly farmers, nnd seem
unusunlly intelligent. The seats of
six are yet to be filled, and the de
fense will use Its last peremptory' on
.1. A. Robertson, who would appar
ently be a good Juror, but fteunen
berg boarded with him for over two
years.
Alfred Eoff, a local hanker, as
soon as his nnme was called, admitted
having opinions as to the guilt of
Haywood. Richardson challenged
him for Implied b!ns, but Judge
Wood ruled against him. The defense
then tried to coerce a challenge for
actual bias. Wood again ruled
ngalnst the defense. This Is a de
cisive blow (o the defense.
Slntue to Jefferson Dnvls.
Richmond, Va., June 3. A statue
of Jefferson Davis was unveiled to
day as the climax of the confederate
reunion. The south has been 18
yenrs raising funds for this memorial.
The military pageant of veterans In
gray was pathetic and dramatic.
Chicago Wheat Market.
Chicago, June 3. Wheat opened
98 3-4, closed 97 1-4; corn opened 63
3-8, closed 64; oats opened 48 7-8,
clcsed 49 3-8.
Creel Elected Governor.
El Paso, June 3. Creel, the Mex
ican amoassador to the United States,
has been elected governor of Chihua
hua. Ingnlls Would be Senator.
Cincinnati, June 3. M. E. Ingnlls,
president of the Big Four, Is a re
ceptive candidate to succeed Foraker.
He says he would not refuse the re
publican nomination for senator.
How Much From the Per Cent Salea?
Today the members of the Metho
dist building committee have been
engaged In ascertaining the amounts
due tho church from the sales held on
Friday and Saturday by moBt of the
business houses of the city. While the
work has not been finished, about
$700 had been listed up to the time
of 'going to press this afternoon.
LEAGUE MEET IN PORTLAND.
Commercial Clubs of the State In
Portland June 21 and 22.
Portland, June 3. Tremendous In
terest la being developed In the con
vention of the Oregon Development
League June 21 and 22, and large
delegations are assured from all sec
tions of the state as a result of the
low rates of transportation. An ad
vance meeting of the presidents and
secretaries of the different organ
izations composing the league will
be held in the convention room of the
Portland Commercial club (second
floor, 6th and Alder streets) Thurs
day night, June 20, at 8 o'clock.
The hope of the league officers rel
ative to this meeting Is, that the
ictlve men of Oregon may be able
to unite upon plans that will greatly
add to the population of the state, and
agree upon aome scheme which will
secure the co-operation of the entire
population of the state In getting the
full advantage of the colonist rates
which begin September 1 and contin
ue until October 31.
The Portland rose show and fiesta
Is to be a great attraction and It will
certainly be of much benefit to vis
itors from all parts of the state of
Oregon, as any movement that brings
us nearer to nature's beautiful things
does us good.
Charged With Stealing Shoes.
W. H. Wilson and A. S. Brown are
now in the county Jail, having been
arrested this morning on a charge of
having stolen some shoes. The com
plaint was made against them before
District Attorney Phelps by S. C. Bit-
PENDLETON TIED
IN THE I NTERSCHOLASTIC
FIELD MEET AT CORVALLIS
Ilill Military Academy Won First,
While Baker City Was Third Jay
of Pendleton and May of Hill Acad
emy Were the Stars of the Event
May Won tlie Gold Medal Over Jay
by One Point Dickson Won a sil
ver Medal.
In the big interscholastlc field
field n-.oet held cn the O. A. C. track
In Corvallls Saturday the team from
tl)e Pendleton high school tied with
Portland high school for second
place. Hill Military academy of
Portland, won first place by winning
a total of 26 points, while the Pen
dleton and Portland high schools
each won a total of 22 points. Ba
ker City was next in line with a to
tal .of 18 points; Portland academy
took 11 points and the relay race;
Island City, 6; Eugene, 4; Roaeburg,
4; La, Grande, 3; Corvallls, 2.
For the Pendleton team Ora Jay
won a tolal of 19 points and rivalled
with May of Hill Military academy as
star of the field meet. A total of 20
points was won by May, who thereby
secured the gold medal for winning
the highest number of points. Gold
medals were also presented to all
first place winners and silver medals
to those winning seconds. John
Dickson of the Pendleton team, won
a silver medal by taking second In the
low hurdles.
The following Is the summary of
the events In detail:
100-yard dash Glass (P. A.),
Walters (Island City), Dart (Port
land High); time 0:11.
880-yard run May (H. M. A.),
Breeding (Portland High), Burnnp
(Corvallls); time 2:07.
Pole vault Jay (Pendleton),
Young (La Grande), Millerlng (Is
land City), height 10 feet.
220-yard dash Glass (P. A.),
Meier (Portland High), Elmaker
(Eugene); time 0:24 2-6.
High Jump Jay (Pendleton), Kel
logg (Bnker City), Norrls (P. A.),
height 6 feet, 8 inches;
Twelve pound hammer throw
Kellogg (Raker City), Thornton
(Roseburg). Swenke (Island City),
distance 118 feet, 6 inches.
Mile run May, (H. M. A.), Breed
ing (Portland High), Gregg (Corval
lls): time, 5:06 4-5.
Twelve pound shot put Kellogg
(Baker City, Taylor (H. M. A.).
Thornton (Roseburg); distance, 41
feet, 8 1-2 Inches.
440-yard dash May (H. M. A.),
Bean (Eugene), Meier, Portland
High); time. 56 4-6..
Discus throw Kellogg (Baker
City), Taylor H. M. A.), Jay (Pendle
tcn): distance, 106 feet.
120-yard hurdles Jay (Pendle
ton), Hawkins (Portland High), Mc
Oulre. (Portland High); time, 18 sec
onds. Broad Jump May (H. M. A.). Jay
(Pendleton). Woodard (Portland
High): distance 19 feet, 3 3-4 Inches.
220-yard hurdles Lntourette
(Portlnnd High), Dickson (Pendle
ton), Hawkins (Portland High); time
t seconds.
Portland academy won the relay
event. 1
WT
PORTLAND
IS
Local Train to Portland Will
Be Discussed Tomorrow at
10 O'Clock.
RAILROAD COMMISSIONERS
ARE HERE TODAT
Hearing on Pendleton Demand for
Local Train to Portland and Fin
Eastern Oregon Meeting of Railroad
Commission WIU Be Held at Com
mercial Association Parlors Tomor
row Forenoon Commission De
sires Information on Train Sit sal
tlon in Eastern Oregon.
President Thomas K. Campbell anal
Oswald West, members of the Oregon
railroad commission, arrived In tka
city this morning for the purpose at
Investigating the need for a local
train between this city and Portia
and today have been busied In maklac
the acquaintance of Pendleton peopaa
and In gathering evidence and Inform
ation on the train and passenger traf
fic situation In this city and tributary
territory.
A meeting will be held at tlie Com
mercial association rooms tomorrow
morning at 10 o'clock for the purpoae
of hearing the complaints of Pendla
ton on the present train service be
tween this city and Portland and for
the discussion of the addition of a.
local train to the O. R. A N. servica.
J. H. O'Neill, traveling passenger
agent for the O. R. 4 N., Is here to
day and William McMurray, general
passenger agent. Is expected to ar
rive to attend the meeting of tho
commissioners 'tomorrow morning.
Mr. Atchison the third member a
the railroad commission, Is expecte
to arrive from Portland this evening.
The business men and members of
the Commercial association, are 'tw
ed to attend the meeting tomorrow
morning as the railroad coramlsBlones
desire all the personal experiences to
waiting for trains, on delays to traffic
and other questions bearing upon toe
need of a local train, that It is possi
ble, to secure.
It is believed that the business to
this territory will Justify a train aj4 W
Pendleton business men desire the
train ordered by the commission, thew
must make a showing that the p reseat
service Is Inadequate.
A thorough canvass of the situation
will be made and every bit of lnfora
atlon bearing upon the question .is de
sired. This Is the first meeting off
the commissioners In eastern Oregosj
and the result of this investigation
not only concerns Pendleton sj4I
Umatilla county, but also it .Vitally
concerns all points In eastern Oregon
which are affected by O. R. & N. Irani
service.
A preliminary meeting of the Com
mercial association- was held tbia
afternoon at 4 o'clock for the pap
pose of making arrangements for t
meeting tomorrow morning and Tor
the presentation of evidence in snp
port of Pendleton's claim.
The provision of the new rallroo
law giving the commission power to
order better equipment, more traraa.
better service or other needed con
veniences, is found In section 28 of
the law which reads: "Upon com
plaint of any person, firm, corporar
tlon or association that any servteo
Is Inadequate, the commission may
notify thr railroad complained of that
complai lt has been made, and If upon
tnvestlgu.lon the service complain
of shall be found to be Inadequate,
the commission shall have power t
make such orders respecting snrai
regulations, practice or service as
shall have determined to be reasona
ble and which shall be observed, fol
lowed, used and supplied In the fr
ture." NINE JURORE SELECTED.
In the Case of Mayor Schndtx nt Sao
Francisco.
San Francisco, June 3. Theo. Deft
wig, a retired baker, was accepted by
both sides In the Schmitx trial thla
morning, making nine jurors finally
accepted.
No Parliament Session Till FaU
London, June 3. 8lr CanvnoHB
Bonnerman announced in commonaa
today there will be no session of par
liament until next fall.
Third Attempt to Wreck. o
San Jose, June 3. Unknown
parties attempted to wreck a
south bound Southern Pacific
train this morning between San-
ta Clara and Lawrence. The
had piled ties across the track. .
They were discovered by the en
glneer, who stopped the train.
This is the third attempt In the
same vicinity within a year.
0MMI5SI0N
ENDETOr