DAILY EAST OREGONIAN, PENDLETON, OREGON, MONDAY, JULY SO, 1908.
EIGHT PAGES.
PAGE EIGHT.
We Are Headquarters
for the Famous
ECONOMY
FRUIT JARS
Once Tried, Always Used.
Phone Your Order
Standard Grocery Co.
Court St., Opp. Golden Rale Phone Main 96
All CO.
sum fur ste nnn
UULU I VIII UlUjUUU
fMATILLA COUNTY MAX
IS THE VICTIM
the defendant is not able to furnish
a good title as It agreed to do as soon
as he had finished paying for the
place.
The operations of the Columbia
Southern Irrigation company have
been under fire for some time, and
jGerklng's suit Illustrates the position
of settlers who have in good faith set
tled upon the land and made improve
ments on It
J. N. B. Gerking of Athena, Seeks to
Recover From Colombia Southern
Company Money Sunk In Preparing
IVm for Water Which Never Canie
Salt Brought In Portland. '
.At least one Umatilla county man
has been caught in the scheme of the
dishonest irrigation company of cen
tral Oregon and suit has been brought
to recover some of the money "sunk"
in the "Laldlaw lands.
J. X. B. Gerking the pioneer ot
Athena, who has been at Laldlaw for
a number of years improving a tract
of laad under the Columbia Southern
Irrigation company's project, falling
to secure water for his land, after he
had spent several thousand dollars
Improving It, has sued the company
Tor Sit, 000 damages, the suit being
brought in Portland. The Oregon
Dally Journal says of the matter:
Threatened with the loss of his
home and the Improvements he has
made on a tract of land in Crook
county, J. X. B. Gerking has begun
suit in the circuit court against W. A.
Laldlaw for $16,000 damages.
Laldlaw is a principal stockholder
and general manager of the Columbia
Southern Irrigation company, from
whom Gerking purchased the land,
but he says Laldlaw Is unable to de
liver title without fraud upon the
United States government and com
mitting subordination of perjury in
making proof.
Gerking paid $6400 for the land
and water right, and he says that
with -the improvements he has made
the -place is worth $16,000 today. He
cleared 100 acres, seeded SO acres to
alfalfa and planted the remainder to
trees, berries and vines. He ran lat
erals Tor irrigation and fenced the
place, only to learn, as he says, that
BANK IS GROWING.
Commercial National Shows Excellent
Increase In Buslaeas Since Last Report.
The report of the Commercial Na
tional bank of this city shows an ex
cellent Increase In business since the
last report was made on May 14. The
total resources of the bank at this
time are S3S9.470.2S and the sum of
49 per cent of the deposits are on
hand in cash and in other banks. The
loans and discounts amount to $155,
305.35, the cash on hand amounts to
$126,583.32 and the deposits amount
to $280,974.8.
This shows an Increase of $48,824.
13 In deposits since May 14, the-tfme
of making the last report.
Paper from Prince Rupert
L. A. Vogal who Is in Prince Rupert
Canada, has just sent the East Ore
gonlan a copy of The Empire a weekly
paper published at that place, showing
something of the growth of the count
ry and of the progress on the Grand
Trunk Pacific railroad now being built
into that city. According to the Em
pire the town is filled with Idle men
and there is little chance for Invest
ment yet The townatte la not open
and no one can secure land In any way
until it is opened. Work on the
Grand Trunk Pacific Rupert east Is
being rushed.
Horse Turned "Fllp-Flop."
While being harnessed yesterday
afternoon one of Lalng & Russell's
driving horses became frightened and
proceeded to turn a back "flip-flop"
on the floor of the stable. In falling,
the animal struck the fifth wheel of
a buggy, cutting a long, deep gash
on the hip. Dr. J. A. Donahue who
was called to care for the horse, was
required to take 32 stitches in order
to bind , up the injury.
T
BITES M
E OF FIRE
OPERATOR SAYS AUDIENCE
WAS NOT IN DANGER.
Sprocket Wlieel Caught for an In
stant and Just at die Wrong Time
lire Confined to Iron Cage Due
to no Fault of tlie Operator.
Pendleton, Ore., July 21, Editor
East Oregonlan, I ask your Indulg
ence of space to explain the cause of
the fire at the Pastime theater Sat
urday. First Because the entertainment
by motion picture shows is very pa
pular In Pendleton; second, because
people fii'in mouth to mouth reports
have an erroneous Idea as to the dan
ger of said fire, thus Injuring a legi
timate amusement; third, in self de
fense In these days of progressive and
rapid amusement, people will no
longer stand for waits. The rapidity
of continuous shows have forced the
operator Into n position where he
must be mpubhe of doing two things
at once, most of the time. While
one film Is running through the ma
chine, in view of the audience, the
operator must be rewinding the oth
er reel, preparatory for continuous
work, having It ready to at once take
the place of the reel run through
when It is finished, and so on ad in
finitum. In Saturday's fire, for some un
explalnable cause, the little sprocket
wheel, which draws the film through
the machine, failed to do its work for
a second or two, thus allownlg the
full glare of the Intense light to
touch it while stationery, Immediately
Igniting It. I was rewinding at the
time, and in endeavoring to pull the
burning film from the machine, It
broke In two, dropping onto the oth
er film on the rewinder thus placing
me between two fires, and forcing me
to Jump for safety.
I never keep but one reel In the
operating room at a time, except the
few minutes It requires to rewind It
and had the film Ignited at any oth
er time, than when It did, there
would have been no fire.
A word to the public It was de
monstrated in Saturday's fire, that
with the Iron operating rooms with
which all the moving picture shows
are now equipped there is absolutely
no danger to an audience.
The fire at no time ever got out
side the rage after I made my hurried
exit after closing all the doors. The
little scorching the woodwork on the
front received was caused by Jerking
one of the iron doors open after the
fire was practically out
I write this 1a Justification of my
self, as an operator, and that the
amusement loving people of the city
may have no fear, at any time, of
fire In any of our moving picture
shows. Thanking you for your cour
tesy, I am
Very truly yours,
WILL TRITES.
WOLVERTON UPHOLDS LAWS.
Federal Judge Renders Two Decisions
of Intercut to Stock Shippers.
Two opinions of vital Interest to
shippers of stock and common car
riers were handed down by United
States Circuit Judge Wolverton this
morning In two cases of the United
States against the Oregon Railroad A
Navigation company for alleged vio
lations of the statute of 1906 dealing
with the watering, feeding and rest
ing of stock In transit
The first case was presented to
the court for decision on a demurrer
Interposed by the railroad company
attacking the constitutionality of the
law. The railroad was proceeded
against for having carried 81 hogs for
a longer period than 28 hours with
out unloading for feed, water ond rest
and the written consent of the owner
not being secured to the S6-hour
clause of the law.
Judge Wolverton In overruling the
demurrer and thereby upholding the
constitutionality of the act declares
that the law springs from the prompt
ings of humanity in addition to sub
serving the Interests of the owner of
the stock, in that the longer the stock
goes without food, water and rest the
greater the deterioration and loss of
flesh.
The main contention of the rail
road was that as the law gives the
owner the right to waive the 28-hour
feature for a S6-hour period It placed
legislative authority In the hands of
the shipper, and the act was conse
quently void. The cOurt decides ad
versely, however, and overruled the
demurrer.
The other matter up for adjudica
tion dealt with a shipment of 6$ head
of cattle In two cars over the O. R. ft
N. The railway filed a motion to de
termine whether the law contemplat
ed a separate penalty for each car of
each shipment
Judge Wolver(on etates in his
opinion that the point In Issue was
recently decided by the district court
of appeals for the sixth circuit In
that case the appellate tribunal held
that where several shipments belong
ing to different owners are hauled on
the same train and the ' transporta
tion company is derelict a penalty is
recoverable for each shipment not
each car. The court says h is Inv
pressed with the soundness of the de
cision and decided in accordance
therewith, so only one penalty is as
sessed in the case at bar.
VICTIM OF FLY PQISON.
COLDS
The very hour a cold starts is the
time to check it Don't wait it may
become deep-seated and the cure will
be harder then. Every hour lost at
the start vnay add days to your suf
fering. Take
F & S
Cold Capsules
Used in time they save all that
might follow sickness, worry, ex
penses. They never falL
Tallman & Co.
Leading Druggists.
Will Buy Umatilla County Rams.
C. Bannabel a prominent sheepman
of Glasgow, Mont, Is In the city for
the purpose of purchasing a shipment
of Rambouillet rams from the Cunn
Ingram Sheep and Land Company for
his Montana ranges. He will spend
several days at the Cunningham
ranches this week and expects to set
lect a number of choice animal He
will return later in the year for a
larger shipment
Read the East Oregontan.
TEA
' Good tea, close price.
There is no other way to
build a good business or
keep a pood business.
Yoar frnerr 'rtnrni your money M job doo''
IUl. Scbiliinv LrH: we car him.
Condensed Report of the
Commercial National Bank
Rendered to Comptroller of Currancy
July 15, 1908.
United States Depository
Resource.
United States bonds S 78,456.81
Loans and discounts 155,305.35
Overdrafts . . . , 6,797.85
Bonds and warrants 15,672.90
Furniture and fixtures. . . 6,700.00
Cash on hand and in banks 126,538.32
S389.470.23
liabilities.
Capital stock 60,000.00
Surplus and undivided
Profits 5,495.34
Dividends unpaid 8,000.00
Circulation 60.O0J.O0
Deposits
individual ...264,762.28
United States. 25,000.00
Banks 1,222.61 280,974.89
SS389.470.22
49 per cent of deposits on hand and in banks.
Increase in deposits since last call May 14, '08, $48,824.13
Finger Shot Off.
James Conlan, an employe of Pen
dleton Scouring mills, while in the
Blue mountains yesterday on a hunt
ing and fishing trip, had the misfor
tune yesterday to accidentally shoot
off the end of the middle finger of
his left hand. While the Injury is not
serious it will disable him for some
time and he will not be able to work.
Baker Wins Twice.
Two defeats have Just been admin
istered to the Pendleton ball team at
Baker City by the remnant of the
league team of that place. Saturday's
game was won by Baker by a score
of 17 to 6 and yesterday's game went
to Baker by a score of 8 to 2.
RAILROAD EMPLOYES.
Total number of people working, for
roads in United States is 1,673.074.
The number of persons reported as
on the pay rolls of the railways In
the United States on June 30, 1907,
was 1,672,074, which Is equivalent to
an average of 735 employees per 100
miles of line says the nterstate com
merce commission report.
As compared with the year 1906,
these figures show an Increase of 150-
719 in the number of employees, or
51 per 100 miles of line. Of employ
ees 65,28 were englnemen, 69,384
firemen, 48,869 conductors, and 134,
257 other trainmen. There were 63,
414 switch tenders, crossing tenders,
and watchmen.
The total number of railway em
ployees, disregarding a small number
not assigned, were apportioned among
the four general administrations,
64,808; for maintenance of way and
of equipment, 352,181, and for con
dactlng transportation, 713,465.
The report Includes summaries
showing the average dally compensa
tion of 18 classes of employees for a
series of years, and also the aggre
gate amount of compensation return
ed fpr the several classes. The total
amount of wages and salaries reported
as paid to employees during the year
ending June 30, 1907, was 31.072,386-
427.
Walla Walla Baby Drinks Fatal Po
tion and DIM.
Crawling up on a bed where a sau
cer of fly poison had been placed by
his mother, little Willie Lowden, aged
18 months, drank the contents of the
dish and died yesterday afternoon at
the hospital, despite the efforts of
physicians to save his life, says the
Walla Walla Statesman.
The little fellow, like all children,
was always Into everything and his
mother had carefully placed the fly
poison where she thought the child
could not possibly reach It. But the
baby, when unobserved, scrambled up
on the bed and drank the deadly
liquid, not being able to tell in his
baby mind that It was not for him to
drink. The poison Is sweet and the
child drank It all.
He was brough.t to St. Mary's hos
pital, where Doctors Keylor and Shaw
did everything In their power to save
his life but last night he died.
William' John Lowden was the son
of Mr. and Mrs. Frank Lowden, of
Lowden station. He was a strong,
healthy child and had never known
a sick day.
Funeral services were held this
morning from the MacMartln under
taking chapel and Interment was
made In the Masonic cemetery. Rev.
Mrs. Coblelgh conducted the services.
Card of Thanks.
We desire to express our deep
thanks for the sympathy and assist
ance that has been given us during
our bereavement over the death of
Orvllle Turner and to especially thank
the Knights of Pythlns for their aid.
MRS. ORVILLE TURNER,
DINES TURNER.
ELMER TURNER.
Now for those
Vacation
Needs
If you are intending taking a summer trip,
you will find many needed articles here,
such as
Suit Cases - $1.50 up to $30.
Traveling Bags 1 . up to 20.
Trunks - - 4.50 up to 20.
Bathing Suits 1 . up to 6.
Our "Keep Cool" wearing apparel will
will assure you a contented vacation
ROOSEVELT'S
BOSTON STORE
Where You Trade to Save.
OREGON ACTIVITIES.
Salem Cherry Fair was a magnificent
Success.
Portland, Ore., July 20. The Cor
telyou club of Brooklyn, N. T., was
represented In Portland Sunday by a
delegation of one hundred and twenty
five of Its members.
The Cherry Fair at Salem last week
was a great success and many were
present from Portland and other
points.
A contract for 376,000 for the
construction of the foundation of the
main building for Swift ft Company
to be finished within ninety days, was
let last Friday.
The Astoria Regatta, with thirty
splendid aquatic events, is scheduled
for August 27th. 28th and 29th, and
the railroads have made a rate of a
fare and a third for the round trip
from all points in the state. ,
The Washington State Press associ
ation enjoyed one- of their best an
nual conventions at Vancouver during
three days of dast week. A trip up
the Columbia River, a trolley ride to
Portland and a banquet at Vancouver,
were among the features of enter
tainment Judge George T. Baldwin, Vice
President of the Oregon Development
League, and W. O. Smith, editor of
House Blown Down.
During a storm Tuesday a house
under construction In Selah valley,
near North Taklma, was blown down
and a carpenter who was working on
the building was struck In the back
of the neck by a ladder, but was not
seriously Injured.
Charles Burns will be obliged to
face a murder charge In the district
court at Wallace, Idaho. Burns If
charged with attempting to hold up
Charles Edwards and shot him in the
thigh. Edwards died Tuesday from
the effects of the wound.
DON'T WAIT
UNTIL YOUR
WATCH REFUSES
TO RUN BEFORE
having T CLEAN
ED, ADJUSTED
AND FRESHLY
OILED, COMPARE
YOUR WATCH
WITH A STEAM
ENGINE WHICH
IS CLEANED AND
OILED DAILY.
CAN YOU NOT SEE.
HOW THE OUST MIXED
WITH THE GUMMED OIL
AROUND THE PIV0T8
OF YOUR WATCH WILL
WEAR THEM COM
PLCTELY OUT IN A
8HORT TIME,
IF YOUR WATCH
HAS NOT BEEN IN A
GOOD REPAIR SHOP
WITHIN THE LAST TWO
YEARS IT IS BADLY IN
NEED OFGOOD ATTEN
TION. BRING IT IN TO
ME AND I WILL ATTEND
TO ITS WANTS PER
SONALLY AND INSURE
YOU A FIRST CLASS
JOB.
ROYAL M. SAWTELLE
JEWELER
the Klamath Falls Evening Herald,
were In Portland Saturday as a special
committee from the Klamath Falls
Chamber of Commerce to invite the
T. M. C. A. excursion party whlcb
goes to Crater Lake August 7th, to
arrange their Itinerary so as to include
a visit to Klamath Falls.
Premium Lists are Ready
The premium lists for the district
fair have been received by Secretary
Thomas Fits Gerald and may be had
by writing to Mr. Fits Gerald for the
same. Every farmer who Intends to
enter an article for exhibition should
have a premium list and It is hoped
that those interested will write for
the lists. They are to be distributed
free. The lists this year show a num
ber of new features and every pro
ducer is interested in the fair and the
premiums to be given.
Win Harvest in Canada
J. Clove the well known combined
harvester operator and threshln ma
chine man will leave In a few day
for Claresholm, Alberta where he will
run a large threshing outfit for the
Rlgbys during the coming harvest
season. The Rlgbys have a large crop
and In addition will cut considerable
grain for other farmers. Crops are
excellent in that country this season.
THE SHOW SHOP
Cor. Main & Court Sts.
A C Friedly, Mgr.
The Blackmailer
Husband Wanted
Multnomah Falls
Fighting Parson
SONG
In the Garden of the West.
Persian Cleaning and Dve Works i
UNDER NEW MANAGEMENT.
Ladles' and gents' clothing cleaned and pressed. Ladles' fine gar
ments a specialty. All work guaranteed.
F. M. LORIMER, Proprietor
'Phone Main 1(4. Main Street, Near Bridge.
Boys' Wash Suits
V 1
Mid-Summer Clearance
Sale Prices.
52.50 Suits Sale Price 81.95
2.00 Suits Sale Price 1,55
1.75 Suits Sale Price 1,35
1.50 Suits Sale Price 1,15
1.00 Suits Sale Price , 80
75c Suits Sale Price' 55o
50c Suits Sale Price 4Qe
THE MEN'S SHOP
'
MAXBAER
Read the East Cregealoa.