DAILY EAST OREGONIAN, PENDLETON, OREGON, WEDNESDAY. JUNE 12, 1807.
BIGHT PAGES.
PAGE EIGHT.
Slridoo
Removal
Sale
WHAT WE HAVE A TOUR PRES
ENT LOC4TJ.ON MUST GET .OCT,
TO MAKE ROOM FOR OUR NEW
STOCK IX OCR NEW LOCATION,
WHICH WIIX BE 220 E. COURT ST.
Bargains
12-quart ill pan, regular price
Skldoo price 47c
tC-lnch parlor Uanft, regular 18.50
skldoo price S4.50
20-tndi parlor lamp, regular tS.00,
. sldtloo price $1.50
la-inch umbrella rack, regular (6.75
skldoo price 44.75
Glassware, 20 prr cent off.
Crocker y, 15 per cent off.
Coffee served free every
Saturday.
Empire Tea &
Crockery Co.,
Inc.
Schmidt Bide Tbone Red S71.
W. W. Campbell, Mgr.
ELLIS IS REVERSED
WADE WAS TUUSTEE FOR THE
M'LEOIMHTKGIS ESTATE.
According to Uio Dux-Won of tlie 8s
prcmc Court Rendered Yesterday
Failure of Suit to -Compel the De
tqmlDs.to Agnlu Pay Money on Cer-j
Kiln Notes Held Against the Estate,
and Which Was Ouce Paid to C. B.
Wade ult Wad In Equity.
Among those Interested in or In
formed ns to the case of McLeod and
Sturlgs vs. the Despain estate, much
Interest is taken In the decision given
yesterday by the supreme court. The
case Is one ithat has been pending
for several years, and the decision by
Judge Ellis was given the latter part
of last June, shortly before .the expi
ration of his term.
The litigation grew out of the Wade
failure. Wade had been acting as
trustee for the Pespalns and likewise
for the McLeod and Sturgls Interests.
Muney had been paid htm by the
Despalns to apply upon notes held
against the estate by the plainUifs In
the suit. This money had not been
credited upon the notes by Wade, end
following the failure suit was brought
to force the Despalcs to again pay
the notes. The contention of the
plaintiffs was that at the time Wade
received the money he was acting is
the capacity of trustee for the De
spalns, while on the olier hand the
defense maintained that be was serv
ing as trustee for McLeod and the
Sturgis estate. Judge Ellis held with
the former and decided the case in
favor of the McLeod and Sturgls
forces.
While the full text of the decision
of the supreme court has not yet been
received, It is presumed that In decid
ing the case the court took the oppo
site view of the case from Judge Ellis
and held Wade to have been acting
In the capacity of trustee for the Stur
gls estate and for McLeod.
As the case was one in equity the de.
ciiion of the supreme court settles the
matter conclusively, as In equity suits
the supreme court passes upon the
merits of cases and does not send
them back for retrial when the lower
courts are reversed. However, the
respondents have the right to ask for
a rehearing before the supreme court,
and may do so.
For the respondents Judge Fee has
served as attorney for the Sturgls es
tate; McCourt 4 Phelps for MsLeod,
while on the other side Carter & Ra
ley. Wort Minor and Judge T. G. Hai
Ijty have appeared for the Despalns.
WHAT SHALL IT BET
That's the Perplexing Question.
The wedding takes piace two weeks
from otmorrow, and we're simply
GOT to decide upon something pretty
soon. But what shall it beT Til tell
you what we will do. Let's go down
to
Window Bros.'
Jewelry Store
They always have so many thlngbs
that are suitable, that It won't he
hard to make a choice. Bo they cum
they saw were convinced bought
and were happy. Wise people!
For Sale
Cheap
Four Lots
ob north side, also
Household Furniture.
Going to leave city.
Enquire
ttrs.
Bertha B. Guernsey
Music Store
813 Main Street.
out this season with the -expectation
that as many mare will be moved be
fore It is over. This does not Include
the number of crates chipped by ex
press, which has reached about 8,
000. Tho total number of cars ship
ped last year was 28, co that al
though the crop Is not as large as
expected It is a better one than that
of 1906. Urowers now look, lor it
to reach 60,000 crates egalnst 75,
000 or 80,000, which was predicted
earlier In the season.
MILL RUNNING AT MEAOHAM.
"New Company Now Manufacturing
Alxnit 40,000 Feet of Lumber Per
iDay.
The mill of the Mencham Lumber
company, located at Meacham, Is
new In operation and la manufactur
ing about 40,000 feet of lumber per
day.. A logging train, consisting of
engine and from 10 to 15 cars Is usul
in bringing logs to the mill from the
timber five miles distant. The en
tire product of the' mill Is contracted
by eastern dealers for several years
ahead und none of the lumber Is for
sale Is local markets.
About 40 men are employed In the
mill, on the logging train and In the
timber. . Engineer E. Jacobson, for
merly of the O. R. & N., is engineer
of the logging train. . One side gear
locomotive Is used and the train
makes several trips from the mill to
the end of the log road each day. It
Is the largest sawmill on the O. R. A
N. between Hood River and Perry.
GRADUATION TONIGHT.
Commencement Exercises of St.
Joseph's1 Academy at Eagles' Hall
ut 7:30. .
The graduation exercises of St.
Joseph's academy will be held at
Eagles' hall beginning promptly at
7:30 this evening. Bishop C J.
O'Reilly of Baker City, arrived on the
noon train today and will deliver the
graduating address to the class.
A delightful musical and literary
program has been arranged and a
most pleasant entertainment Is prom
ised. Mis Oeorgla Thayer and Miss
Alvlna Rleden will graduate from the
academy. The exercises will begin
promptly at 7:30.
nil
HEARING
JOINT KATE
DISCUS
SION ON JUNE 17.
ES6IN2ER FORREST KILLED.
Pioneer Rai!r0"l Mfln Of la Grande
Met Death in California.
Engineer 3. R. Forrest, formerly1
employed on the mountain division of
the O. R. & N. and a pioneer rail
road man of La Grande, was killed
yesterday morning near Felton, Cal.,
while working as engineer on the
coast line of the Southern Pacific,
where he has been employed for the
past six years.
Mr. Forrest left La uranae seven
years ago on account of his health,
but his family has uvea mere u u
time and he has visited them every
summer. A letter received a lew aays
ago from him, informed his wife that
he would soon visit ner ana me mc-
sage announcing his death was a se
vere shock. He leaves a wife and
three daughters in La Grande.
The remains will be brought to La
nrande where the funeral will be
under the ausDlces of the Masonic
order and the locomotive engineers.
' IIGHTEII BERRY CROP,
Cold Weather preVnts Ripening In
Hood River District.
A Hood Hivor correspondent says
Of the berry Crop in that district:
Cold weather and rain which fell
here last night for the first time In
weeks is holding back the straw
berry crop, the season for which is
thought to be about half over. Prices
for btrrles have taken an upward
tendency, those yesterday and today
Krineinir In the nelBhborhood of
12.75.
So far SO cars have been shipped
III A SHORT TIME
DECISION FROM STATE
RAILROAD COMMISSION.
Is Expected Relative to Pendleton's
Efforts to Get a Local Train to Port
landTravel on tlie Main Line Is
Heavier Than Ever, and It Is
Thought tlie Local Passenger Truf
fle Will Justify the Additional Train
e-Aii Are Hopeful Who Investigate,
JACK BROWN
Dealer in
HIDES, WOOL & JUNK,
212 West Webb St.
Bad Blood
Made Good
If your blood Is Impure or lacking
In vital qualities, you need more than
a purifier. Tou need a blood builder
as well. Our
Sarsapariila Com
pound with Iron.
not only expels Impurities from the
blood which cause debility, but It also
makes pure, rich blood. oive ii
trial.
Tallman & Co.
Leading Druggists.
It Is hoped to hear from the 'Ore
gon railroad commission In a very
short time, as to its decision In, the
local train between this city and
Portland The O. R. & N. officials
were given a hearing by the commis
sion on Monday evtnlng In Portland
and the commitslon now has the evi
dence presented by both the citizens
of Pendleton and the railroad com'
pany and a decision will perhaps be
reached soon.
It is believed by all who are at all
familiar with the situation that the
people of this city made an excellent
showing, and favorably Impressed the
commission with the need of a local
train tc handle the traffic between
this city and the metropolis and It Is
generally believed that the train will
be ordered. ,
The chief showing ot the railroad
company wag to the effect that the
passenger traffic will not lustlfy the
expense of the train and that It would
be ruinous to place It In service.
However, it is said that there
sufficient local traffic between Port
land and Huntington to Justify the
local train, and the people of La
O ran do and Baker City are also urg
lng tho railroad commission to or
der a train on the entire main line
of the system from Portland
Huntington.
Travel on the main line trains Is
now much heavier than ever. It has
been necessary several times In the
past week to add an extra coach here
to the eastbound evening train to ac
commodate the people going from
this city eastward and transferlng
from the Spokane train at this place.
The westbound train! continue to
be loaded to overflowing with
through passengers leaving the local
travel but few seats and small room
n the coaches.
Judgo Hanford of Seattle Fixes Date
ot Hearing on tlie Case of the
Washington Railroad Conuiiiwdou
Against tho O. R. & N. Joint Wheat
ltnto Will lie Investigated.
Judge C. H. Hanford In the United
States court at Seattle yesterday fixed
June 17 as the date for the Washing
ton state railway commission to show
cause why it should not be restrained,
as asked by the O. R. & N. from hear
ing complaints June 21 relating to the
iuterchange of truffle between the O.
R. & N. and other roads, says a Se
attle paper.
This Is another step In. the fight by
the railroad company against the pro
mulgation or enforcement of any Joint
whe.it rate order similar to the one
made by the state commission at the
Colfax hearing, August 1, 1906, which
was temporarily enjoined by the fed
eral court later and recently with
drawn by the commission.
The bearing set by Judge Hanford
for June 17, is occasioned by the sec
ond supplemental bill of complaint In
the case of the Oregon Railroad &
Navigation company against the mem
bers of the commission, Attorney Gen
eral John D. Atkinson, and the Great
Northern and Northern Pacific
This second bill reiterates the pray,
ers of the original complaint, that the
act creating the state commission be
declared unconstitutional, and that
the commission be perpetually enjoin
ed from further orders against the O.
R. & N. Zera Snow of Portland, so
licitor, represented the plaintiff com
pany In presenting the amended bill to
the court
Among other things, the bill recites
that the joint wheat rate order was
passed August 1, 1906, requiring the
railroad company, upon demand of
any shipper along its line, to haul
wheat in carload lots to Wallula Junc
tion for delivery to the Great North
ern. The commission fixed a maxi
mum rate of 1914 cents per hundred
pounds or $3.85 per ton for the entire
haul over all lines, but the division
between the companies was not fixed.
This order was the result of the hear
ing by the railway commission at Col
fax last summer.
On May 13, the commission, acting
under amendments to the commission
law passed at the last session, formal
ly revoked the Joint wheat rate order
of August 1, 1906. but passed another
directing the companies to appear on
June 21 and answer certain complaints
touching Joint traffic. This order, so
the O. R. & N. claims, paved the way
for another Joint rate order, and It Is
to block such an order that the cor
poration now asks an Injunction.
It Is expected that, several promi
nent ranchers of the Walla Walla val
ley will be present on the date set for
the hearing.
Opened For Business
June 22nd, 1904.
Our great growth tells Its own story.
Big enough to accommodate you; not too big to appreciate you.
Four per cent Interest paid on on time deposits.
If not a customer, a trial will convince you of our merits.
We have Safety Deposit boxes to rent.
Commercial National Bank
Capital $50,000.00
Rescourcet $350,000.00
to
Another Chance to Save.
Father, it's time to
Buy Willie a Shirt
They're selling em
-BS.c -
$1.25
Shirts, and
a Few.
I Need
Teutsch to PrestoA.
Lee Teutsch, proprietor. 6t the
Teutsch department store, and chair
man Of the school board, left this
f.vening for Preston, Idaho, where
he has recently purchased a large
stock of merchandise and Is r
conducting one of the largest stores
In the town. Me is. wen inuau
with Preston and looks for It to be.
come one of the nest towns in mai
section of the state. He will return
to Pendleton soon to make arrange
ments to enlarge his store here after
the Improvements now under way
aro completed.
Will Graduate from Whitman.
J. B. McDlll, superintendent of the
countv farm, left this morning xor
Walla Walla to attend the grauua
tlon Werclses of Whitman college to-
nleht. His daughter, Miss Mabel
McDlH, Is a member of the gradual.
lng claftfr. having finished the run
four years' course in the college. She
has bien employed to teach Latin in
the high school at Davenport, Wash
ington, next year. After a brief visit
at her home In this city she will
Bpend the summer on the coast.
To tlie Ranch In an Auto.
A party consisting of Miss Eva
Froome. Miss Bertha Alexander and
Miss Gertrude Sheridan left this
momlnz In an automobile for the
ranches of John Adams and S. R.
Thompson near Adams and Eastland,
where they spent the day. They were
taken over by Hal Thome, who went
on to Walla Walla with the large
auto which has been on exhibition In
this city for several days.
Making a clean-up of several well
known brands just a few of a kind
but all good. Corner window tells
the story.
Boston Store
Where You Trade to Save.
DR. VAUGHAN WAS RE-ELECTED
Forty-Four Would-be Dentists Ex-
mined.
At a meeting of the state board
ot dental examiners held In Port
land yesterday, Dr. E. A. Vaughan of
this city, was reelected as president.
Dr. H. H. Ollnger of Salem was chos
en as secretary to serve during the
coming term.
Owing to the fact that the time
of two ot the members of the board
had expired two appointments were
made by Governor Chamberlain.
Those designated to serve on the
board as new members are Dr. Mark
Hater of The Dalles, and Dr. Jack
Yates of Portland.
Forty-four would-be dentists are
now before the state Doara lor ex
aminations as to their fitness to fol
low that profession. Of that num
ber 21 are from Portland college.
while the remaining 13 are from
other dental schools.
Dr. Vaughan was appointed by
Governor Chamberlain as a member
ot the board about two years ago,
and that he Is regarded highly by his
fellow examiners Is shown by the fact
that he has been twice elected as
president, though comparatively a
new member of the body.
Father Sherman a Good Speaker.
Father Sherman, son of General
W. T. Sherman of civil war fame, who
comes to this city next Sunday for
a series of lectures at St. Mary's
Catholic church, Is one of the most
noted speakers and missionary work
ers In the Jesuit society In the Unit
ed states and his coming to this city
Is looked forward to by students and
thinkers with pleasure. He will lec
ture at St. Mary's church all next
week.
Don't give up. Remember
that 75 per cent of the peo
ple we do work for have been previ
ously fitted with glasses by others but
failed to get relief. Gratitude natur
ally follows when one gets relief from
constant headaches, nervousness,
weak, watery or bloodshot eyes and
as a consequence we can show you
many testimonial letters or furnish
you subtsantlal references; not from
strangers, but people welt and favor
ably known In Pendleton. Eyes ex
amined free. Dayton Bros., eye
specialists. Office balcony suite over
French restaurant, until June It.
ST. ELMO HOTEIj SOLD.
3. D. Sldpp Become Proprietor of
the Well Known Rooming House
on Main Street.
J. D. Shlpp, formerly In business In
this city and a well known member
of the Eagles' band, has Just pur
chased the St. Elmo hotel fixtures
from J. O. Poore and will hereafter
conduct that place. Mt. Shlpp Is In
charge of the St. Elmo now and will
make every effort to give good ac
commodations snd first class service.
The St. Elmo Is located In the sec
ond story of the Ferguson building
adjoining the East Oregonlan build
lng and Is an excellent location for
a good business. Mr. Shlpp will give
all of his time to the hotel and In
vltes a share of the patronage.
Killed a Bear In Camas Praisle.
Henry Lazlnka, the well known
cattleman of Camas Prairie, killed a
large black bear a few days ago near
his farm In Camas Prairie. Bear are
plentiful In the mountains of that lo
cality this year.
Lawrence Crosbie and Frank Clark
of Yakima, each aged 13 years, stole
a hcrre and buggy and (75 and hiked.
They were overhauled at Ellensburg
Shelter la Commander.
D. B. Sheller, formerly superintend
ent of the Blue Mountain forest re
serve and well known to Umatilla
county people, Is eminent command
er of the state conclave of Knights
Templar of Washington and is pre
siding over the sessions now being
held ut Tacoma.
TO GUARD
YOUR HEALTH
You ought to take an occasional dose
of tlie Bitters., It will prevent the
stomach from becoming weak and the
liver Inactive. But If your health Is
poor, we urge you to take It regularly
before meals.
HOSTETTER'S
STOMACH BITTERS
during the past 53 years has proven
Its ability to cure Headache, Bloating,
Vnmltliur. Poor Appetite, Dyspepsia,
Indliraalon or Malaria, Fever and
Ague. You'll find every bottle pure.
PASTIME PARLORS
A quiet, orderly place for a game of
booL billiards or a little exercise la
bowling.
HENDRICKS BASEMENT.
ESr cwni no?
ft B Hum at KuwmkeiiM
' Chictn
Two-Piece Suits
There is just as much care taken in the
making of our two-pieee garments as you
will find in any high class exclusive tailor
models. 1-2 his price.
MEN'S SHOP
MAX BAER
Corner Main and Webb
and token back to Yakima. .. .