East Oregonian : E.O., April 29, 1908, EVENING EDITION, Page PAGE TWO, Image 2

PACK TWO.
DAILY EAST OIIEGONIAN, PENDLETON, OREOOif. WEDNESDAY, APRIL 29, 1908.
EIGHT PAGES.
50c, 65c and 75c Silk Organdies Mousi
lines and shadow stripe Batistes on
sale at
35c
Positively the most beautiful of our fine
wash fabrics go on sale Thursday
at yard.
. 35c
Come and make an early selection, its
for the two days, Thursday only.
y Merchandise purchased here on credit to
morrow will go on your May account.
The Peoples Warehouse
Where it Pay to Trade
PEN D LETO N SUPREME COURT DOCKET
"Next Monday the supreme court of
Oregon will be here for the May ses
sion and a full docket awaits the
coming of that honorable body. Ma
Jor Lee Moorhouse.clerk of the court
for Pendleton, has Just prepared the
following summary of the cases now
set for hearing Jiext week:
No. 281. Baker county Mary Gos
sett, appellant, C. E. Norton, attor
ney, vs. W. A. Gossett, respondent,
Hart & Nichols, attorneys. Tran
script and brief of appellant, filed
June 8. 1907; no appearance a yet
'by the respondent
Ho. 295, Baker county Louis Som
mer, et al, respondent. Butcher. Clif
ford & Co.. attorneys, vs. Chas. A.
Compton, et al, appellants, Saxton A
McConnell, attorneys. Action of
ejectment, to recover from the de
fendants a strip of land.
2fo. 298. Baker county Thelma
.Starr, appellant, John L. Rand, P. J.
Bannon. attorneys, vs. Chas. Starr,
respondent. Chas. H. Chance, attor
ney. Divorce suit; stipulation filed
to dismiss.
No. 305, Malheur county Pac. L.
S. Co., respondent, J. L. Rand, attor
ney, vs. W. H. Isaacs and Montle B.
Gwlnn, appellants, A. N. Sollss, John
C. Rice, attorneys. Suit to collect
$212.50 value of hay and pasture, on
premises claimed by defendant.
No. 306, Wheeler county C. J.
McCoy, et al., respondents, H. H.
Hendrick, W. H. Wilson, attorneys,
vs. Chas. Huntley, appellant, Bower
man & Butler, attorneys. Suit to
prevent appellant from using all the
water flowing down Pine creek. Low
er court gives plaintiff one-half the
.water; defendant appeals.
.No. 307, Union county Elgin For
warding Co., respondents, C. H. Finn
attorney, vs. F. M. Cummings, appel
lant, J. W. Knowles and R. H. Lloyd,
attorneys, Suit to recover on open
account, plaintiff, allowed $297.06
and costs. Defendant appeals.
No. 309, Umatilla county State of
Oregon, respondent, A. M. Crawford,
A. G., G. W. Phelps, Dist. A. attor
neys, vs. George A. Horseman, ap
pellant, Jas. A. Fee, J. H. Raley, at
torneys. Appellant appeals from ten
year sentence for manslaughter.
No. 310, Wheeler county Wheeler
County, Oregon, appellant, John A.
Collier, B. S. Huntington. H. S. Wil
son, attorneys,, vs. P. L. Keeton, et al,
respondents, W. H. WiIson Jay Bow
crman, R. Butler, H. II. Hendricks,
attorneys. Suit to collect on sheriffs
bond.
No. 311 Same as above; the two
cases are to be argued as one.
No. 314, Wallowa county J. B.
Ready, respondent, J. A. Burleigh, at
torney, vs. Henry Schmlth, appellant,
O. M. Corklns, attorney. Dispute over
one acre of land.
No. 315. Union county Eliza Car
roll, admr., appeallant, Lomax & An
derson, attorneys, vs. The Grande
Ronde E. Co., respondents, C. H.
Crawford, W. M. Pierce, F. S. Ivan
Jioe, attorneys. Suit to recover dam
ages for fatal Injury caused by brok
en electric wire.
No. 316, Baker county A. H. Es
COFFEE
The best name for coffee
ris one that tells where the
: money's to come from, if
you don't like it
fMf ntm nmn aoaar H ro Seal
jQjj gefciUtef's ht. w pj kirn.
ton, appellant, Lomax & Anderson, at
torneys, vs. Brackburn & Breck, re
spondent, J. L. Rand, Samuel White,
attorneys. Suit to recover contract
price on 20 tons baled hay.
No. S17, Grant county Mattle a
Laycock, appellant, Errett Hicks, J.
E. Marks, attorneys, vs. John Lay
cocg, Jr, and John Laycock, sr, re
spondents, Cat ten bach & Wood, at
torneys. Divorce suit.
No. 318, Grant county Napoleon
.Veal, respondent, J. E. Marks, attor
ney, vs. Mllos Roach, appellant, V.
G. Cozad, attorney. Suit over water
right.
No. 319, Umatilla county Effie E.
Laing, appellant, Will MJ'eterson, R.
J. Slater, attorneys, vs. Arthur Lalng,
respondent, J. H. Raley, Jas. A. Fee
attorneys. Divorce suit.
No. 320, Baker county Geo. A.
Frederick, appellant, John L. Rand,
attorney, vs. Antone Klauser, re
spondent, H. E. Courtney, attorney.
Suit for the possession of mining
claims.
No. 321, Baker county W. J.
May, respondent, Lomax & Anderson,
attorneys, vs. Reuben Emerson, ap
pellant, Saxton & McConnell, attor
neys. Suit for the possesion of town
lots In Baker City.
Death Was On Ills Heels.
Jesse P., Morris ot Skippers. Va.,
had a close call in the spring of 1906.
He says: "An attack of pneumonia
left me so weak and with such a
fearful cough that my friends de
clared consumption had me, and
death was on my heels. Then I was
persuaded to try Dr. King's New Dis
covery and after taking two and a
half bottles I was a well man again, j
I round out mat New Discovery is
the best remedy for coughs and lung
disease In all the world." Sold un
der guarantee at Tallman & Co.'s drug
store. 60c and 11.00. Trial bottle
free.
IXDOUSE KNOX.
Republican of Pennsylvania are for
Favorite Son.
Harrlsburg, Pa April 29. Penn
sylvania's republican state convention
was called to order at 10:30 o'clock
this morning In the Majestic theater.
After' the transaction of preliminary
business, a recess was taken until
this afternoon. The indorsement of
United States Senator Philander C,
Knox as Pennsylvania's choice for the
presidential nomination Is certain.
In addition to selecting four dele
gates and four alternates to the na
tional convention at Chicago, the
convention will nominate thirty-four
presidential electors and a candidate
for Judge of the superior court. State
Chairman Wesley A. Andrews will
likely be re-elected. "
There Is nothing better than Kodol
for dyspepsia, Indigestion, sour stom
ach, belching of gas and nervous
headache. It digests what you eat
Sold by Tallman & Co.
Phi Delta Phi Fraternity.
Iowa City, la., April 29. College
men from many states, Including
some of the legal lights of the coun
try, are the guests of the students
and faculty of the State University
of Iowa today at the national conven
tion of the Phi Delta Phi fraternity.
This fraternity has chapters in law
schools throughout the country. The
Delta Sigma Rho, a new fraternity,
will hold a general meeting here on
Friday.
Save Your Coupons
HOTEL ARIUIVALS.
Hotel St. George,
Lewis Rathburn, Guy L. Richard'
son, Portland; F. M. Ruthford, La
Grande; Dr. E. O. Parker, Pilot
Rock; H. L. Anderson, Ontario; F. R.
Whltcomb, Seattle; M. Blanchard,
Portland; C. B. Lelay, San Francisco;
J. W. Scriber, La Grande; Mrs. H. J.
Belgh, Hot Lake; S. W. Rheem
Olathe, Kan.; Frank Weaver, Baker
City; Edgar Stoefling, Baker City; a
D. Klllner, San Francisco; F. C. Stan
field, Portland; 0 O. Nash, Portland;
W. F. Krumpeln, Portland; Geo. L.
Stanch. Seattle; J. C. Curran, New
York City; Chas. G. Taylor, Spokane;
C. M. Thorn, Portland; C. F. Strike.
St. Louis; J. G. Calllson, Pilot Rock;
J. A. Allison, Portland; M. W. Mat
tleker, G. N. Clark, Sam Lee, Port
land; J. T. Wolfe. Walla Walla; W. L.
Knouff, A. M. Bryant, N. Blssalllon,
J. J. Wealing, Wm. Dunn, Portland;
Geo. A. Lewis, Chicago; Joseph M.
Brown, Tekoa, Wash.
Golden Rule Hotel.
J. R. Munn, Highland; E. A. Gom
pers, Umatilla; Miss Jessie Taylor.
Miss Babe Taylor, Seatle; Geo. Mon
felt, Barneston, Neb.; Glenn A.
Bushee, city; Ada Sanford, Tom
Robertson, Helix; J. H. Carney; Fred
Comstock. Weston; W. H. King, Pas
co; J. X. Gentry, Holdman; C. E.
Welch, Uklah; Lawrence May, Noah
May, Lute May, Butler, Ind.; James
Brown; E. P. Greenwood, Butler,
Ind.; W. B. Townsend, Vale, Ore.; N.
S. Mason, Umatilla; Marie Souvenir.
Cathlamet, Wash.
MOXEY IS MUCH EASIER.
Eiiroie and America Show Improved
Condition.
Henry Clews says of the world's fi
nancial condition:
The most significant event of the
week wag the successful underwriting
of the 140,000,000 Pennsylvania 4 per
cent bonds. This is a very gratifying
indication of revival of confidence, as
well as positive proof of improve
ment In monetary conditions.
Another pleasing feature connected
with the transaction Is that practi
cally one-half of the Issue Is to be
placed abroad; a very practical dem
onstration that there Is a reviving
foreign market for American invest
ments of unquestionable security, es
pecially when they are backed by
management of good reputation.
There is solid encouragement in the
fact that prominent foreign bankers
are once more willing to finance our
best American railroad properties.
Europe, however, la still in a very
discriminating mood, consequently it
would be premature to anticipate any
general Influx of foreign capital into
this market.
During the next six or 12 months
several hundred millions of railroad
obligations will mature and must be
extended or refunded In some fash
Ion or another, hence It is a relief to
know that Europe will take a portion
of our high grade Investments.
$100 Reward, I10O.
The readers of this paper will be pissed
to learn that there Is at leant one dreaded
dtaeane tbat science baa been able to care
In all Its stares, and that la Catarrh.
Halls Catarrh Core la the only poaltlre
cure now known to the medical frater
nity. Catarrh being a constitutional dls
eaae. requires s constitutional treatment
Hall's Catarrh Cnra la taken Internally,
acting directly opon the blood and mncona
surfaces of the entem, thereby destroying
the foundation of the disease, and giving
the patient strength by bonding np the
constitution and aaaiatlng nator In dolus
Its work. . The proprietors have offered
One Hundred Dollars for any cue that It
falls to care. Send for list of teatlmonl
els. Adrireae :
r. J. CHBNBT CO., Toledo, O.
Hold by all Druggists, T5c
Take Hall's Family Pills for constipation.
ffiMEIT CANNOT GONFISCATE
ID OF ML SETTLERS
The Yakima Republic says of a de
cision of Judge Whitson of the fed
eral court of Washington regarding
the relinquishment of land- for the
benefit of the reclamation service, a
topic of much interest In Umatilla
county:
Judgo Whitson, of the district court
of the United States, has handed down
his opinion In the case of the United
States against Chris Hanson, In which
for the first time a Judicial decision
Is given respecting the right of the re
clamation service to take possession
for reclamation purposes of unsurvey
ed government lands upon which
homestead or other rights have been
acquired under the law permitting
bona fide settlers to enter unsurveyed
lands and to have preferential right
to make entry upon them for JO days
after the filing of the survey.
Judge Whitson upholds the view ot
Attorney H. J. Snlvely, counsel for
the defendant In the above action, and
decides against the contentions of Dis
trict Attorney A. G. Avery and his as
sistant, J. B. Lindsey, declaring that
the government cannot take what has
a value to the settler, and that Inas
much as the land laws permit of the
settlement and Improvement of nn
surveyed lands, some right must ac
crue to the settler and which cannot
be confiscated without compensation.
Government's Contention. t
The government contended In this
suit, which is a test case Involving a
number of settlers on the shores of
Lakes Kachess and Keechelus, the
sources of the Yakima river, and In
which it Is sought to oust Hanson
from his claim, that the reclamation
act gives the government power to
withdraw from public entry the lands
required for irrigation purposes and
to do so In the case of lands unsur
veyed but upon which settlement hRS
been made without any compensation
to the settler.
Mr. Snlvely contended that Inas
much as the homestead law gives the
right to go upon unsurveyed lands and
a preferential right to make entry on
such land when surveyed, the provis
ion Is In the nature of a contract by
which. In consideration of time and
labor expended by the settler, tho
government gives him the preference !
and that It is not the Intention of the
reclamation act to confiscate his In
terest. The lands In question were settled
many years ago by Hanson and the
others Involved. ' A survey has been
made within comparatively recent
date, but it has not been filed In the
general land office, and it Is alleged
that It was not so filed at the Instance
of the reclamation service In order to
prevent the settlers from exercising
their right of entry under the home
stead law. The lands will be flooded
by the damming of the outlets of the
lakes. (
In the course of his opinion Judge
Whitson says:
Judge WhltMon's Views.
'In addition to the usual averments
It Is alleged that these lands have
heretofore been withdrawn from entry
or settlement of any kind. The only
date mentioned In the complaint Is
October, 1905, from which It may be
concluded that any withdrawal appli
cable to the subject matter of the ac
tion was made on or about that time.
"The answer sets up that possession
Is soufiht for carrying out the Intent
of the reclamation act. and that the
defendant, prior to April, 1891, while
the lands were unsurveyed, settled up
on the land In question ns a home
stead; that he has ever since resided
and occupied the same and claims the
same under the laws granting home
stead to actual settlers upon the pub
lic domain.
"The statement of what Is proposed.
If the allegations of the answer are
true, at once challenges attention and
Invites the most careful scrutiny. j
Absolute ConflHcatlon.
"If the plaintiff should prevail the .
defendant's Improvements would be
taken without compensation: his hopes I
of ultimately acquiring title would be
destroyed and he would be compelled
to bid farewell to a home which he
has occupied for 17 years, relinquish
ing the land over which ho has exer
cised domain by virtue of a statute of
the United States, and In full compll- ,
ance with Its provisions, while stand- j
Ing Impotently by to see It devoted to
other uses,
"Considering that the court Is asked
to become an instrument of Injustice,
It Is to be observed that it will only do
so In obedience to rules of statutory
construction demanding an Interpre
tation of existing statutes favorable
to such an end, for surely the. pro
COLUMBIA BAr.
632 Main St.
Fine Wines and Liquors.
Fancy Drinks a Specialty
.....Hot Lunch.....
Pool and Billiard Parlor
Gentlemen Only.....
First Class Rooming House In Connection.
CORRICAN BROS.
PROPRIETORS.
ceeding has neither necessity nor
merit for Its Justification.
Government's ovver.
"That congress has power by ap
propriate legislation to withdraw or
authorize the withdrawal of public
lands which have been offered for sale
may be conceded. That the claims of
settlers in good faith who have enter
ed thereon pursuant to existing laws
may be disregarded, and that, Iff the
absence of any saving clause, they are
remediless, cannot be denied.
"That the government, as a land
ed proprietor, has the same rights
and remedies as private Individuals
for the protection of Its property. In
cluding the right to recover posses
sion, was long ago settled
but the power vested In' congress to
dispose of the public lands carries
with It the power to withdraw privil
eges extended, and until such rights
as have been granted are withdrawn
by the only authority which may con
fer them, they still exist."
Possession Is Lawful'.
After dealing with the argument of
counsel for the government that the
defendant was a "squatter" and" with
out rights and showing that this Is
not the case, the Judge continues:
"The defendant therefore Is not a
squatter. His possession was lawful
at the time he Initiated It. This Is an
Important consideration, for. If he Is a
trespasser pure and simple, he has no
defense. The policy concerning the
disposal of the public lands has al
ways been to encourage settlement.
'Those who have reclaimed the
wilderness, who have extended the
frontier, have been deemed worthy of
the utmost consideration, and, In con
structing the law. If it has been put
to severe tension, or Its letter violated
by the Interior department. It has been
In protection of the settler In good
faith."
Notice to Public.
Having disposed of my Implement
store in this city, all parties knowing
themselves Indebted to me pleas
call and settle their accounts.
FRED WEBER.
DeWItt's Carbollxed Witch Haiel
Salve. It Is especially good for piles.
Sold: by Tallman A Co.
Candidates, Attention!
Ws print candidates' cards and cir
culars at a very reasonable price,
giving prompt service 'and first olaat
work. East Oregonlan, phone Main
V
A sure cure, one you can depend
upon. Hickory Bark Cough Remery.
A sure cure, nd It's purs! Use It for
all lung trouble, coughs, colds, hoarse
ness and sore throat For sals by
any druggist and first class dealers
everywhere. Pendleton Drug Co.
The- middle aged man who tries to
be "one of the boys," Is young only In
his foolishness. ,
Women's
Aliments
are many and peculiar. At
times they so disorganize the
system that the general health
is impaired and weakened.
When women feel nervous
and debilitated, or suffer with
sick headache and depression,
will promptly relieve these
unpleasant symptoms, and do
much toward restoring healthy
conditions to the various organs.
For backache, dizzy spells,
feeble blood, stomach weak
ness, constipation and other
distressing ailments, Beech
am's Pills are a reliable
preventiye and
A Natural
Remedy
Sold Everywhere. la box. 10c. and 25c
Phone Main 90
Sseechamtt
Now Just see Japan,
Though such a small man,
He's going to swipe
AH the trade If he can.
There's no denying the fact that
Japan Is a big factor In commerce.
We are also making bag Inroads upon
the clothing patronage of the public.
Our trade Is constantly Increasing
owing to the fact that we never take
any unfair advantages. For good'
treatment and high quality goods, at
reasonable prices, come to us.
Bond Brothers
Leading Clothiers
PREPARED
Lima and Sulphur
Spray
READY FOR USE
I gall makes I Oof Spray,
by mjxing with cold water
The Pendleton
Drug Co.
PATRONIZE HOME
I!fDSTKT
By Drinking the IJosaa
Prod art, the
Famous $500
BEER
Guaranteed AbsohrteJy Para.
Try a case for family use
For sale at all toadta ban.
CITY BREWERY
SCIIULTZ STRICKKR
Phono Mans B2S,
Get the Best
Good
Dry Wood
aad the
BE8T KIND OF COAL.
PROMPT DELIVERY.
W. C MINNIS
heat, orders at
HEXNIXG'S CIGAR 8TORE
Opposite Peoples Warehouse
'PHONE MAIN 6
vur specialty is
the Family Trade X
Ws are fully prepared to fur
nish you the best of lard, sau
sages and fresh, smoked or
cured meats and fish each day.
Central Meat Market
Carney A Tweedy.
Telephone Main 83.
24 Bottles
of Beer
for $1.00
Delivered to your home
Purer Than City Water
Phone Main 550
John Gagen
Eagle Bldg.- Court Street
11 PASTIME PARLORS.
RUTHERFORD MOLTTOR, Props.
A quiet resort for the healthful exer
etss of
BOWLING, POOL AND BILLIARDS.
Onry first-class tables used.
Cigars, confectionery, tobaccos and
soft drinks.