East Oregonian : E.O., June 12, 1908, EVENING EDITION, Image 1

EVF.NINGEDITION
EVBIEEDITIOir
TVEATHER REPORT.
Fair tonight and Sat
urday. Take your ftor new
to the people and the
people will bring their
patronage to year etor.
VOL. 21.
PENDLETON. OREGON. Fill DAY, JUNE 12. 1908.
s
NO. 6306
JUDGE EILULAi ISSUES
PROHIBITION PROCLAMATION
Circuit Judge Bean Refuses to Grant Temporary Restraining
Order at Request of Liquor Interests.
To Make Matter Doubly Sure, Two Derives . Arc Issued, One. Being Signed
By Judge GlUiland ami One by Judge and Commissioner Salo of In
toxicating Liquors As a Beverage In Umatilla County Entirely Pro
hibited Lawyers Ilavo Strenuous Trip to Heppner in Vain Unable
to Present Tlielr Case Until Late In lie Afternoon and Then Aro De
nied Bean Agrees to Hear Tlielr Complaint Before July 1, If Tlfcey
Have One to ITcsent ProlUbltlonlsta Rejolfe and Judge Bcun Is
Commended Court House Officials Feel Relieved Generally IJe
lleved in Official Circles Tliat Fight Will Be DropiH-d, for Case Is De
clared to Have No Merits. '
CRAZY; .MUST SING FOR HIM.
Insane Cuplor Make Life J',werubIo
for Minister. i
Seattle, Wash., June 12. T ' Rev,
E. L. Benedick, pustor of th' 'Green
Luke Methodist Episcopal clM'ch of
this city, was this morning : jat
'clo'.'k compelled to accompany a lun
atic to the church and there iay and
sing for him continuously far more
than three hours, while at the name
time the crazy captor, who Is one of
the minister's parishioners, occupied
the pulpit and delivered an intoher
ent harangue.
The lunatic, whose name Is Van
Houten, lured the pastor to his
church on the plea that he peeded
prayer. The minister appreciated the
mental condition of the man, and be
fore going with him telephoned to
police neauquurters. as nin cnurrjn
Is far fram the center of the city
three hours of captivity clapsCd
before the rescue. When the police
arrived at 7 o'clock they found both
men silently eying each other anc!
showing complete exhaustion. Van,
Houten will be committed to the In
.;, no asylum at Stellacoom.
Be It remembered, That at a special session of the county court
of the state of Oregon, for Umatilla county, begun and held at the
county court house, in Pendleton, In said county and state at 10
o'clock a. m., on June 12th, 199 8, pursuant to law, there were
present HON. T. P. GILLILAND.
County Judge.
FRANK SALING, County Clerk.
T. D. TAYLOR, Sheriff.
G. W. PHELPS, Dist. Atty.
' Whereupon, the following proceedings were had:
In the matter of an election held On the 1st day of June, 1908, to de-
termlne whether the sales of Intoxicating liquors as a beverage
shall be prohibited In the county of Umatlllu, as a whole.
Now, on this 12lh day of June, 1908, It appearing to the court
that at the election duly petitioned for, and notices of which were
duly given, and posted as provided by law, and held on the 1st day of
June, 1908, to etermine whether the sale of intoxicating liquors as
a beverage should be prohibited In Umatilla county, Oregon, as a
whole.
And it duly appearing to the court from the abstract of votes
made by Frank Sallng, county clerk of Umatilla county. J. F. Wal-
lan. Justice of the peace for Adams district, and Abe Miller, Justice
of the peace for Alta district. In the said county; that in said Uma-
tlla county, Oregon, at said election the votes for and against such
prohibition were as follows: For prohibition, 2334 votes, against
prohibition 1640 votes. It therefore appearing to the court that at
said election, In Umatilla county, a majority of the votes cast
were for the prohibition of the sale of intoxicating liquors, as a bev-
erage, within said county, It is therefore hereby ordered by the court
that the result of said vote In Umatilla, be, and the same Is hereby .
declared to be In favor of prohibition of the sale of Intoxicating 11-
quors, as a beverage In the whole of said Umatilla county. And it
Is hereby ordered, adjudged and decreed by the court that the sale
of Intoxicating liquors as a beverage, within the limits of Umatilla
county, state of Oregon, be and the same Is hereby entirely prohlb-
Ited, except for the purposes and under the regulations prescribed
by law, on and after July 1, 1908, and until such time as the qualified
voters therein at a legal election held for the purpose, by majority
votes decide otherwise.
Dated this 12th day of June, 1908.
T. P. GILLILAND, County Judge.
By the above decree shortly after
10 o'clock this forenoon the fate of
the liquor business In this county is
sealed, for the proclamation was Is
sued after attorneys for the saloon
men had tried In vain to secure a re
straining order from Circuit Judge H.
J. Bean.
At 5 o'clock yesterday afternoon
Attorneys Winter und Richards ap
peared before Judge Bean at Hepp
ner and asked for the temporary re
, straining order prayed for the com
plaint filed for Anton Nolte yesterday.
After listening to the arguments of
the attorneys, Judge Bean held that
a restraining order was not necessary
and ho declined to Issue the same.
The court held that It would be pos
sible to try the cass upon its merits
before July 1, nt which time the pro
hibition law Is to go Into effect.
Falling In their efforts, the two
lawyers left Heppner by auto at 7
o'clock last evening and they arrived
here at 11 o'clock last night.
Whether or not the Nolte case will
now be tried out upon Its merits the
attorneys do not say.
Prohibitions Rejoice.
Among those who voted for prohi
bition, and among many others also,
there Is much commendation for the
action taken by Judge Bean. The
move of the saloonmen was regarded
by most people as purely a play to
gain time and If possible to block
prohibition by technical quibbling.
The failure of the movement wm
therefore greeted with approval by
those who dislike to see the scales of
Justice tipped by legal technicalities.
Court House Relieved.
At the court house there was also
much relief this morning when It
was found that the restraining order
had been denied. The county court,
the clerk's office and the sheriff's of
fice were nil seriously affected by the
suit brought yesterday, for It was
known that if the charges made In
the complaint could be sustained there
would be dire restitution in store for
those responsible.
Now thut the restraining order has
been refused. It is generally believed
in official circles that no further
steps will be taken by the saloonmen
for they declare that the Nolte case
will not get far when tried upon Its
merits.
Aside from the official proclama
Hon Isued by Judge Gilllland this
morning and a copy of which Is pub
lished above, another order was nl- J
so made. It Is very similar in form
to the above, but is signed by Judge
Gilllland and Commissioner Lee In
stead of by the court alone. This or
der was made out of an abundance
of caution, for which It Is known that
the county Judge Is the one to Issue
the proclamation. It was thought the
point might be raised that the com
missioners Insead of the Judge should
Issue the order. By the precaution
taken any contention upon this point
will be avoided.
TEMPORARY REPRIEYE.
Fortune Teller Given n lw More
Day of Life.
Chicago, June 12. Federal Judge
Landl today granted Herman Bllek.
the condemned murderer, a tempor
ary reprieve, as a result of the he
roic measures adopted by his friends.
Iwindis will decide whether Ulleke's
appeal Is In the state or supreme
court.
Governor Dent en and the pardon
board took up the case at 1 this
morning after refusing to grant the
pardon.
Ulli k's two daughters accompanied
Father O'f'allaghan on a speaking
tour of the city In the Interest of
llllek.
DESTROYING HISTORIC ROUSE
Former Himie of Edwin Booth Being
Shaken IHmn.
San Francisco, June 12. Although
It survived the fire and earthquake,
the former home of Edwin Booth, the
great actor, situated on Telegraph
Hill, In this city, Is threatened with
destruction by dynamite In blasting
operations for the location of a cot
tage on the very point of the hill.
One more charge of dynamite will
send It to destruction.
Booth lived here from 1852 to 1 ST.fi.
At that time Telegraph Hill was the
center of San Francisco's social life.
MR HE
All E11J1
Say Injunction Suit Was Not
Brought as Attack Upon
County Officials.
TWO POINTS AT
ISSUE ELUCIDATED
Grounds Upon Which Attorneys Base
Tlielr Hopes of Having Prohibition
Vote Declared Illegal Are Two In
Number1 Declare Court Wus Not
In HeHKlon and Thut Notices Were
Not Ported As By I,uv Required
Signed Statement by Lawyers Em
ployed by Liquor Interests In l ight
for Self Preservation.
HE
0
m
T
DAMAGE AMOUNTS TO
HUNDREDS OF THOUSANDS.
Rig Kansas City Establishment Burns
Willie Fin-men Are Shut Off by
FIimkI and Are Powerless to Ren
der Assistance Explosion In Sau
sage I'vctory Staits Conflagration
Which Spreads Rapidly.
EXTRA
m
It is estimated that 1000 extra
passengers have passed through Pen
dleton, east and west, during the past
week on account of the tie up of the
, Northern Pacific lines In Mdntana.
Three full trains passed through here
In the early part of the week, while
one and two coaches have been at
tached to a number of O. R. & N.
trains in addition to the full trains.
The tie up Is still on and It Is
probable that It will be several days
before through tickets will be sold
over the Northern Pacific. The com
pany Is making heroic efforts to clear
the lines but the rains of the past two
weeks have simply raised every
stream along the line to the magnl.
tude of a river and now that the warm
weather Is on It Is probable that melt
ing snow will further raise the same
streams.
The transfer from the main line of
the O. R.. & N. to the Spokane
branch at this place has been very
heavy during the entire week on ac
count of the congestion on the North
ern Pacific. As many as 100 people
have come In on the Spokane train
several evenings to take the east
bound train.
Kansas City. Mo., June 12. The
Hg Nelson Morris packing plant Is
burning and Is apparently doomed to
destruction.
The property Is in the flooded dis
trict and It is Impossible for the fire
department to reach it.
The fire Is spreading rapidly,
thousands witnessing It but helpless
to combat it.
It Is estimated the loss. to Morris
will be hundreds of thousands of dol
lars, two buildings are entirely de
stroyed.
Fire started from an explosion In
the sausage factory. At noon the fire
was still raging.
The firemen finally got near enough
to prevent the fire from spreading
further. The company's plant Is val
ued nt $1,500,000.
CURRENCY REGULATIONS.
National Banks Told What They May
Do to Secure Issue.
Washington, June 12. Secretary
Cortelyou today Issued a circular to
all national banks setting forth the
regulations which must be followed
In forming the National Currency as
sociations. In part It says: "National banks
occupying continuous territory may
organize national currency associa
tions. There must be at least. 10
banks In each association and the ag
gregate capital and surplus of the
banks must be at least $5,000,000. No
bank may Join an association unless
It has an unimpaired capital and sur
plus of not less than 20 per cent."
The circular then explains the pro
visions of the currency law. I
Expresman Arrested.
Oakland, June 12. James O'Con
nell, an expresman from St. Paul, was
arrested last night, suspected of
complicity In the recent dynamiting
of safes at the Southern Pacific sta
tion at Melrose and San Leandro.
Pendleton, Ore., June 12. To the
Editor) Since the suit . instituted on
yesterday to test the legality of the
recent local option election is one of
public Interest, there ought to be a
clear understanding of the Issues Involved.
In the first place It should be re
membered that the result of such
elctlon, if valid, Is to practically con
fiscate the property of many men by
the destruction of their business, and
the law provides no compensation. It
is no answer to say that the business
so destroyed is questionable In mor
als. The law for centuries has rec
ognized it as legitimate.
Under such circumstances, there
fore, considerate men will recognize
the rl?ht of men whoso entire prop
WJu '.ijaTJeopa!ulVd to Insist that
ifdeslructlon Is to come It must come
legally. With them It Is not a queg.
tlon of ethics, social or moral, at this
time. It is the cold, hard question
of self protection, which sometime o
other may touch us all.
These men employed lawyers whom
they regarded competent, therefore,
to examine the record of the election
to ascertain whether or not the pro
feedings were legal, not for the pur
pose of any attack upon public offi
cials or Individuals. Nobody ques
tions the entire good faith of the men
upon whom the law Imposes the duty
of superintending the various steps
necessary In an election. Such ex
amination disclosed two things which
seem to Invalidate the vote on local
option in this county, and relying up
on these especially the suit has been
Instituted.
They are these: The record shows
that a few days before the date of
the order of court directing the elec
tion upon the local option petitions
the county court adjourned, not to
any future time, but adjourned. If
the language of such record is true
then in law It adjourned for the
term. Such has been the decision of
the courts of other states clearly. If
a final adjournment was thus had
the order made by the judge directing
the election was void because nn in
dividual cannot make such order,
and the court having been adjourned
for the term" there was no court to
make such order. Such situation Is
no reflection upon either judge or
clerk. That method of adjournment
seems to have been long the custom
here, and does not relate to that
month or to this case. The question
Involved is purely a legal one; the
suit Is ' based upon the decisions of
other states, an ' the decision of the
Oregon supremo court. Our court
has rendered several decisions con
struing the local option law and in
every instance where the subject has
been before It, it was held that an
order made by the county Judge or
commissioners, when the court is not
in regular session is void.
The other vital question Is the
place of posting the notices of elec
tion. The law directs that there shall
be five notices posted in each pre
cinct, posted IN THE VICINITY OF
THE POLLING PLACE OR PLACES.
The return of such posting Indicates
that there is at least some question
whether that portion of the law was
complied with. This too, Is a legal
question and Involves the reasonable
construction of the term vicinity as
used In the statute. No election can be
valid without the notice thereof
which the law of the state requires.
There are other matters pleaded,
but these are the things especially re
lied upon. Courts always are reluc
tant to declare any election void, ex
cept for fraud, but they sit to construe
and administer the law, and wher
an election Is clearly Invalid, they
have Invariably so declared It. The
supreme court of Oregon has already
declared that the local option elec
tion Is special In character, and that
every provision of the statute must
be strictly followed. If In this case
the- court should find that there was
no county court sitting in this coun
ty when the order authorizing the
election upon local option was made,
or that there was a non-compliance
with the law as to notices, there clear
ly was no election.
This statement Is made that the
public may understand the Issues In-
WOMAN SUICIDES
RATHER THAN MURDER.
Ravel, June 12. It leaked
out today that a woman school
teacher thwarted a plot to kill
the czar Just after the ceremo
nies in the Gulf of Finland on
the occasion of King Edward's
visit. The woman was picked
upon by nihilists to throw
bombs to kill the czar and en
tire family. She committed
suicide rather than throw the
bomb.
'
volved, and that no Injustice may be
done the public officials. They hav
performed their, duty as they under
stood It, and the questions presented
the court are legal ones.
The preliminary Injunction was
sought only as an incident to the
proceeding in the hope that the ques
tions at issue might be tried out In a
civil suit before the final order upon
the election was made and before
July 1, and In the belief that thus pos
sible future criminal trials Involving
the validity of the election might be
avoided. Respectfully,
HALEY, RICHARDS & RALEY.
LOWELL & WINTER.
MUTT Bill
m on
SHOOTS WOMAN
AND HIMSELF.
Sacramento, June 12. Because Eva
Williams, a beautiful woman, refused
to forsake her wayward life and mar
ry him, Charles Stevens, a prosperous
liquor man, today shot and wounded
here while she was sleeping In a lodg
ing house. As the police approach
ed Stevens shot himself through the
brain and dropped dead. The woman
will recover. Four, bullets took ef
fect In her body.
EIGHT USED
III GIVE MBS
APPEAR REFORE U. S.
COMMISSIONER HAILEY
More Than $3,000 Subscrib
ed by Pendleton People and
More to Come.
COMMITTEE CANVASSING
IN WEST END TODAY.
Bureau Meeting With Encourage
ment and There Is No Longer Any
Doubt That th Necessary Fonda
Will Be Forthcoming Six Thous
and Dollars Is the Minimum Sam .
to Be Raised and Outside Towns In
the County Will Easily Make Up
Tills Amount Returns for. Work
Will Come In Future List of Tliosc
Who Have Subscribed.
Amount for Each Count Is $2000
Colonel J. H. Raley Compelled to
Put Up 12,000 to Insure IBs Ap
pearance pi Portland on First Day
of Court Raley Says He Will Not
Plead Guilty ami Spurns Offer ot, company, Peoples Warehouse, R. Al
With $3420 already subscribed to
wards the fund for the publicity bu
reau and more money being secured
each day, prospects for the advertis
ing bureau are bright. That a fund
of at least $6000 can be secured Is
now believed by the committee and
the members are working hard to
raise that amount.
Every cent of the money subscribed
c-0 up to this time is being given by
Pendleton people or business concerns
Bnd much more money will yet be
raised here. Then a considerable
amount Is expected from the other'
townt' of th county all of which 'will
likewise share In the benefits of the
advertising to be done.
This morning T. C. Taylor, R. Al
exander and A. L. Knight, three
members of the committee, left for
Echo and Hermlston' to meet with
the people of these two towns. As
the west end more than any other
section of the county. Is now ready
for development it is believed that
heavy contributions will be made by
the people of that section.
The following is a detailed list cf
the subscriptions to date:
Twenty-five dollars a month Pen
dleton Sayings bank. Commercial Na
tional bank, First National bank.
Fifteen dollars a month Masonic
Hall association, Columbia Bridge
Light Fine.
Eight of the Umatilla county men
Indicted for conspiracy to defraud
the government out of land, appeared
before John Halley, Jr., U. S. ' com
missioner Halley, jr., today and gave
bonds to appear before the federal
court on the first day of the next
term.
For each Indictment a bond of $2,-
000 was set by Commlsloner Halley
and those who have more than one
indictment standing against them
were required to give that amount
exander and the Northwestern Gas &
Electric company.
Ten dollars a month E. J. Mur
phy, Koeppen Bros., R. H. Wilcox Sc.
Co., T. C. Taylor, Tallman & Co.,
Jack Huston, Pendleton Drug com
pany. Five dollars a month Schwartz &
Greullch, C. E. Roosevelt, C. J. Smith, .
Gray Bros., G. R. Demott & Co.,
Bond Bros., V. Stroble, Hamtey & Co.. .
Balfour-Guthrie company.
For the Future.
In soliciting funds for the bureau
the committee argues that In order
for each case iur i-iikiiiiui cuuiuy unu x-eouieion lu
Those to give bonds today and the! keep even wltn othe-r sectlons ln
number of Indictments standing
against them were as follows: Col.
J. IT. Raley, six: William Rahe. two:
William Slusher, two; John Vert,
one; C. W. Mathews, one; John M.
Wynne, one: John W. Crow, one, and
S. N. Olmstead, one.
The bonds were , given to insure
the appearance of the various de
fendants at the times which will later
be set for their arraignment.
This morning Col. J. H. Raley stat
ed to the East Oregonlan that he
will plead not guilty to the Indict
ments ngainst him and he understands
that all the other Umatilla county
men will' do likewise.
Asked if the report was true that
matter of development it is necessary
for good systematic publicity work to
be carried on. From this advertising
they do not claim that results will bo
forthcoming within a week nor even
within a few months. On the other,
hand, the bureau is put forth as ar.i
investment for which returns In rhe
form of settlers and new enterprises, ,
will be forthcoming for years.
In soliciting subscriptions each man .
or business concern is asked for a
certain amount scheduled by the com.
mlttee and In most cases the amounts
asked for have been given. Business
men have been especially good in
contributing. Later on the commit
tee hopes to enlist more property
the Umatilla county .men had been owners In the movement and the pro-
told that they would be allowed to go
with a fine If they would plead guil
ty. Col. Raley stated that such had
been intimated to them, but that
they choose to disregard the offer. He
says that even If he knew he would
be given but a slight fine he would
prefer to fight the case in hopes of
bowing his innocence..
There are a hundred "successful"
men for one that Is contented.
fessional men of the city will also be
asked to contribute.
Ioe Crushes Wlialer.
Nome, Alaska, June 12. A report
received here, says the whaler Wil
liam Bailey, of San Francisco, lies
crushed In the ice at Lawrence Is
land. Captain H. H. Bedftsh was
picked up by the Bowhead. The rest
of the crew are on the Jeanette. All
had narrow escapes.
n wi hi
ON STREET
Two women fighting will never fall
to draw a crowd and an episode of
that kind which occurred on Court
street this morning was no exception
to the rule. About the middle of the
forenoon today business men and
travelers In the region of the corner
of Court and Cottonwood streets
were startled at a noise like a fe
male fight. The participants were
Mrs. Mary Coffey, well known resi
dent of East Court, and Mrs. Harry
Gibson, whose husband won fame a
year or more ago by unfortunately
Impersonating a federal officer. What
the fuss was about Is a matter which
concerns the ladies Involved. 1
Eye witnesses who saw the con
test differ in their accounts of the
same and to attempt an estimate of
the work done on either side would
be unjust. Fortunately the battle end- -ed
without serious disaster to either
side.
Immediately after the combat one
of the participants sought out Sheriff
Taylor, while the other asked succor
of Chief of Police Gurdane. However,,
no official action was taken at thls
tlme by either officer.
Later ln the forenoon the affafr
was placed up to C J. Ferguson, new
deputy district attorney, and he set 2
o'clock this afternoon as a time lor
listening to-the evidence- in the case.