East Oregonian : E.O., July 22, 1908, EVENING EDITION, Image 1

X.
v
PENDLETON, OREGON, WEDNESDAY, JULY 22. 1908.
NO. 6340
VOL. 21.
EVENING EDITION h aJ fr X BEDITIfl11,
-1. h .yfiv wmP W
Showers and thun- I J VI T LjSH ) TAAUT X ft fo the cow to back up
derstorms tonight or j Ao'fWS ASSSJII-WEEKm X iT "li and be milked go aX-
Thursday; cooler I - iMtfjT l-rT X w mxif y ter tne cow,
L nma -L . - : P Ji
WORLD HU5
FINE DON'T HOLD
Judge Landis is Reversed
by United States Court of
Appeals.
HAD FIXED STANDARD
OIL COMPANY $29,240,000
Fedorul Court Rcmnnds Cumj Back
for Trial and Delivers Scathing Ar
ralgnmcnt of Land! Declares He
Fined the Company When It Was
Not Under Indictment or on Trial
Case Was One of Mt Sensation
al Ever Tried Revcrsul Is Blow to
Government.
Chicago, July 22. The federal
court of appeals today reversed the
decision of Judge Landis In fining the
Standard Oil company of Indiana
$29,240,000.
The court ordered the case to be
given a rehearing, remanding It for
that purpose. The decision Is a scath
ing arrlgnment of Landis, holding he
Imposed the fine when the company
was not Indicted and not even on
trial. . ilSil
Landis' decision was made nearly
a year ago and was a sensation, the
case being upon the alleged rebating
on the oil shipped "by the Standard.
Landis assessed the highest possible
fine In each separate alleged offense.
Today's decision Is a great shock
Jo the government,
The court of appeals is composed
of Judges Peter Orosch of Chicago;
E. Baker and William H. Seaman.
The Standard of Indiana, Is one of
the subsidiary companies of the Stan
dard of New Jersey. It has a capital
of only 11,000,000, but the govern
ment's Investigation showed that dur
ing some periods It earned more than
1000 per cent profits.
Grouse up read the decision, reading
only In part he said: "Briefly the
reason for Imposing the sentence was
because after being convinced be
fore evidence was brought out In the
examination of some of the officers,
and stockholders of the Standard Oil
company of New Jersey, that the
stock of the Standard of Indiana, was
owned principally by the New Jersey
corporation. That corporation was
not before the court for trial.
"Passing the fact that no word of
evidence or other Information sup
ported the trial court's claim, If duly
proven Is to be found In the record,
would justify a sentence such as this
one that otherwise could not have
been Imposed.
"Can a court without abuse of ju
dicial discretion, wipe out all the de
fendant's property before the court,
all the assets to which the creditors
look, In an effort to punish a party
not convicted, tried or Indicted? Can
an American judge, without abuse of
judicial discretion condemn anyone
who has not had a day In court?
"No monarch, no parliament, no
tribunal of western Europe, for cen
turles has pretended to have the right
to punsh except after due trial. Can
that rightfully be done here on the
basis of a judge's personal belief that
the party marked, deserves punish
ment? If that Is so, It Is because the
man who happens to be judge Is
above the law."
The decision was, unanimous.
Where Landis Erred.
The opinion declares Landis erred
In excluding the testimony of the
Hollands, the government witness,
who wished to change his former tes
timony In which he Btated he Old not
remember telling any one that a 6
cent commodity rate sheet had been
filed with the Interstate commission.
The decision says the finding of the
lower court was reversed because the
"evidence thus proffered was exclud-
ROOSEVELT'S YACHT
SINKS A SCHOONER
Washington, July 22. The
Mayflower with Roosevelt
aboard ran down and sank the
schooner Menawa, owned by C.
E. Pembleton,. of Isleton, Me.,
In a heavy fog at 1:15 this
morning. The Mayflower lost
the bowsprit, but no other dam-
age was sustained. The May-
flower's crew rescued the cap-
tain, and . five members of the
crew of the schooner. The best
evidence that the president
sleeps soundly Is the fact that
he was not awakened by the
heavy Impact. He did not hear
of the accident until he arose.
Besides the president, the
members of the party were
Mrs. P.oosivclt, Ethel, Kermlt,
Archibald, Quontln, Mr. Errlen
Roosevelt, and " wife, C. H.
Netherlands and John L. Mc-
Grew.' .
.
ed by the court for the sole reason
that, as a matter of fact, the court
(not the Jury) found that the appll
cation sheeting contained this 6-cent
commodity rate had not ben filed
with the Interstate commission. A
Jury should decide this, not a Judge."
The opinion states that Landis er-
red In ruling that Ignorance of the
legal tariff rate on the part of a ship
per In accepting rebates may not be
pleaded as a defense.
NO MEEKNESS FOR TEDDY.
If Greatness Is Claimed We MiihI IJe
Ready to Make Good.
Newport, R. I., July 22. Twenty
one guns greeted Roosevelt when he
arrived here today. He was escorted
to the war college by a delegation
headed by Rear Admiral Morrill.
In a brief speech he declured to
assume the attitude of meekness to
ward other nations Is sure to invite
disaster and humiliation.
. Ho said: "If we limit ourselves
merely to defense In case of war It
would be as well to give away Ha
waii, Porto Rico, and Alaska. If we
Intend to put forward the claim of
being a great nation we must always
be ready to make the claim good."
COAST BUSINESS MEN
WELL VISIT JAPAN.
San Francisco, July 22. Members
of the San Francisco Chamber of
Commerce today decided to accept
the Invitation from five Japanese
cities to send a delegation to visit
them. The members are now waiting
for a decision from the business men
of Portland and Seattle who are In
cluded In the Invitation. Toklo, Kyo
to, Osaka, Yokohoma, and Kobe sent
their invitations.
San Franciscans have decided to
sail September 25, arriving In Japan
October 13, and leave for home No
vember -4.
T
ACTUAL YIELDS BETTER
THAN EARLY ESTIMATES.
Reporfti From Different Parts of
Umatilla Show That Conditions Are
Similar to Those In Umatilla Coun
tyOregon's Yield Especially Good
Much Better Than Expected.
As harvest advances this year the
reports received from other sections
of the Inland empire show conditions
to be much the same as In Umatilla
county, to-wlt: the actual yields are
proving better than the pre-harvest
estimates.
The general condition of the fall
wheat crop seems to be good In prac
tically every section where the har
vest has begun and actual returns
greatly Increase the yield over the
preharvest estimates.
Yields of 20 to 25 bushels to the
acre are quite common In the Inland
empire thus far, no returns being re
ceived to date placing the cut at less
than 15 bushels to the acre. Returns
of less than 20 bushels are very un
common and thus far are noted only
In sections where the rain supply was
short at least six Inches from the nor
mal. Even In the condon district the re
turns are much better than expected.
In that section It has been noted that
by fur the best returns are being re
ceived. In such a dry season the
well cultivated wheat field suffers
but little from drouth, 'but In sections
where little attention was given culti
vation and where wheat growers al
lowed nature to take the full burden
of the crop, the Initial reports of the
yield were far from favorable but
still- not so bad as had been forecast
ed In some of the -early damage re
ports. Oregon Yield Good.
Returns of -25 to 30 bushels to the
acre were lately received from Hepp
ner Eight Mllo, Gooseberry and sev
eral other spots of the Heppner sec
tion the yields are seldom ranging be
low 25 bushels to the acre, and never
to date this season have they fallen
below 20 bushels. .
Uniform Apple racking.
At a moetlngof the Willamette
Valley Apple Growers' association held
Saturday In the Board of Trade rooms
it was decided not to enter the mar
ket actively this year. The annual
apple fair was also postponed until
1909 says the Salom Journal. The
most important action of the apple
growers was their decision to adopt a
uniform pack. The Lownsdale pack
will In the future be the official pack
of the Willamette Valley Apple Grow
ers' association, and a uniform label
will be printed, which can be used by
all the menbers of the association.
Baden Ferencexaky a Bulgarian
violin maker of New York has died,
leaving the secret of his famous vio
lin polish, which has been the won
der of musicians to his only daugh
ter. It is believed that ha rediscover
ed the CremoniU polish, once In use
by violin makers in Italy.
FATE OF
1
IN
No Report Today From Steam
er Pounding to Pieces on
the Rocks,
SIXTY -THREE MEN
LEFT ON BOARD.
Not Believed They Have Perished
launch Leaves for the Scene With
Underwriters From San Francisco
Details of the Accident Are Lack
ing Last Word From IUfated Boat
Said She Was Leaking In Tw o Com
partments and That Her Fires Had
Been Extlnguuuied.
Santa Barbara, CM, July 22.
(Lace). The sloop Ynaz arrived in
the harbor today from San Miguel
Island wliere the Kosinos line steam
er Annubls went upon a reef early
Monday morning and reports the res
cue of all hands. The Ynex left the
wreck at 4 o'clock Tuesday afternoon.
Santa Barbara, Cal., July 22. No
word was received here this morning
from the scene of the wrecked steam
er Anubis, which according to last
accounts was pounding to pieces
against a reef near San Miguel island.
Nothing is known of the fate of the
(3 men left aboard the freighter,
though It Is Improbable they have
perlBhed.
Early today the launch Charm, Cap
tain Plllubury, of the marine under
writers of San Francisco, left for the
wreck from the oil port, Gavlota.
The German steamer Anubis of the
Kosmos line, went ashore at San
Miguel Island at 12:20 yesterday
morning and It Is probable the ves
sel is a total loss. There are no de
tails. The Anubis sailed from San Fran
cisco July 18 for Hamburg with a car-
go of grain and a small amount of
miscellaneous freight for Mazatlan,
In command of Captain Solven.
There were about 77 persons, 19
of them passengers.
The Merchants' Exchange this after
noon received a dispatch stating that
the Anubis was leaking in two com
partments and fires were extinguish
ed. The crew Is engaged In Jetteson
lng the cargo In the hope of floating
the vessel when sufficiently lightened.
LEVEE WORK BEGUN.
At Present Rate Will Be Finished
Easy by First of November.
Work on the levee repairs and ex
tensions Is now progressing rapidly
and If It is continued at the present
rate the entire work will eaally be
completed before the first of Novem
ber. TV f Tlettn hnn nnh-let the work Of
building the embankment to Contrae-
tor Jewett and the latter now has a
crew of men at work on the 600 foot:
extension to the wing wall at the up
per end of the levee. About two
thirds of the embankmeht work at;
that point has been completed and!
the- rip-rapping will soon be under .
way.
When the force of men now at.
work on the wing wall finish there j
will be transferred to the lower end ,
of the levee which is to be extendea
to the Matlock Island. )
Mr. Betts himself Is doing the work
on the toe wall between the Main
street bridge and the Lee street
bridge. The foot wall Is being built
only where the condition of the levee
makes It needed. I
That practically every foot of the
semt-arld lands of Umatilla county
will produce crops under the dry
farming methods now In use In the
arid districts of Kansas, Nebraska
and Wyoming, Is the belief of J. S.
Welch of Chicago, a dry farming ex
pert formerly of Cheyenne, Wyo.,
who was In the city today on his way
to Portland on business.
"I have seen drier land than you
have In Umatilla county converted In
to fine farming land which Is now
supporting a good population and
yielding a handsome Income to the
owners. True, this land looked for
bidding when the pioneer dry farm
ers went upon it. It was without wa
ter, had but little rainfall and was
barren of vegetation and exceedingly
unpromising. Some of It was fairly
good range land for a portion of each
year but It was not first class wild
grass land.
"But the patient farmera have
plowed It deep, cultivated it frequent
ly, disced it, harrowed It, rolled It and
packed It down with the moisture of
the winter season In the soil and It Is
now yielding from 80 to 45 bushels
of corn, good yields of dry land alfal
M
0
1
1','IIU
5
T, C. Irons Leaps 24 Feet 5
Inches in the Running
Broad Jump,
BACON ESTABLISHES NEW
RECORD FOR 400 METERS.
Dan Kelly of Baker City, Wins His
Heat in Broad Jump With Leap of
23 Feet 3 1-4 Indies Dole Tlirows
Tliree Men in Preliminary Wrestl
ing Bouts English Swimmer Seri
ously Injured in Making High Dive
Daring Rescue by Swedish Ath
lete. America added another gold medal
to he? collection today when Irons,
who broke the record In tlie prelimi
nary heat, won the final running
broad jump with a leap of 26 feet,
aix and a half indies.. Keller, of Ba
ker City, was second and Brlcker of
Canada, third.
London, July 22. T. C. Irons, of
America, made a new Olympic record
In the running broad Jump, leaping
24 feet 5 Inches, while competing In
the combined sections five and six
in the preliminaries to the final event
Kerr of Canada, won first place In
the first heat of the semi-finals 200
meter dash with a time of 22 2-6
seconds. The second was won by
Cartmell of America, In 22 3-5 sec
onds. Clughen of America, won heat
three In 22 3-5 seconds, and Hawk
Ins of England, won the fourth In 22
If.
Dole of America, made a god show
ing in the first rounds of the feather
weight catch-as-catch-can wrestling
bouts In the first, round he defeated
ConklrO.. In the second round he got
a decision over Webster of England.
In the second roun dalsd Mocal, of
England, defeated White of England.
Dan Kelly Wing Ilia Heat.
In section one and two of the run
ning broad Jump of today's Olympic
games, R. T. Cook of America, won
first with a record of 22 feet 10 V
inches. In sections three and four
Dan J. Kelly of Baker City, Ore.,
representing the Irish-American Ath
letic club of New York, won first
place, Jumping 23 feet 9 3-4 inches. In
sections seven and eight Brlcker of
Canada, won first, Jumping 23 feet
3 Inches.
Striking the water sideways. Cane,
an English swimmer, was seriously
Injured today In making the high
dive. This Is the first serious Injury.
His foot slipped as he was leaving
the platform. He tried to right him
self in the air. but failed, and struck
the water with terrific' force and was
rendered unconscious.
?Spanberg of Sweden, plunged in
and saved the drowning Englishman,
who was removed to a hospital where
he was examined for Internal injuries.
Dole then won his third victory In
the preliminaries of the catch-as-ach-can
match, defeating Mocal.
Establishing another new Olympic
record, Bacon of America, won the
final heat In the 400-meter hurdle
race In 55 seconds. Harry Hllman of
America, took second place and Tre
meer of England, third.
An effort to teach Insane patients
at the Chicago asylum is being made
by the management of the asylum.
Miss Julia Lathrop will have charge
of the first class and believes that
they can be educated out of their In
sanity. APPLY HERE
fa and excellent barley, oats and cow
peas.
"The land that was once almost
valueless In Its rough state Is now
worth from 325 to $50 per acre and Is
supporting a heavy population. The
dry farming area Is spreading con
stantly. Like the growth of timber
which follows thesettlement westward
dry farming Is coming clowly west
ward and within a few years It will
reach the arid section of Idaho and
Oregon.
"You do not need half of the mois
ture you think you do to produce
good crops. By cultivating the land
and holding the winter moisture In It.
almost any of your desert land will
grow good crops.
"I believe that this system will re
deem the west as quickly as Irriga
tion and the cost of Installing the sys
tem Is so much less than that of Irri
gation, that poor men can go upon
dry land empty handed and within a
few years be Independent, while un
der Irrigation the po6r man must
have the. price of the water in addi
tion to the price of the land and un
dei many of the systems must wait
for several years for water."
1
M
FIAT RAILROAD BONDS.
Central Pacific Must Have Money to
Pay Off Its Debts.
New York, July 22. It was an
nounced here today that the floata
tion of eighteen million dollars in
Central Pacific first mortgage and
refunding bonds will be undertaken
at once by the Kuhn Loeb company,
the Speyer company and the National
City bank.
The prlco of the bonds Is undecid
ed, but It may be near the market
price which Is 97 8-4.
The money may bo used for the li
quidation of the Central Pacific's
floating debt of fifteen million dol
lars. The bonds will be guaranteed by
the Southern Pacific. The Union Pa
cific will probably get the bigger por
tion of the Issue because it Is the
Central Pacific's highest creditor.
BANDITS FARE WELL.
Hold-up Stage in Nevada and Take
$28000 From Wells-Fa rg-o Box.
Reno, Nev., July 22. United States
police are today watching every sta
tion along the Southern Pacific In
the northern part of Nevada for the
two bandits who held up the stage
coach between Likely and Alturas
late Monday night, securing the
Wells Fargo box, containing 328,000.
After stopping the horses they or
dered the driver and express agent to
throw down the box. They then
made the driver whip his horses and
leave the scene.
None of the passengers were aware
of the hold up because It was accom
plished so quickly.
The money was the pay roll of the
Nevada California & Oregon railway
and several stock camps.
BISHOP POTTER
DIES IN PEACE
DEATH ENDS SUFFERING
OF FAMOUS PRELATE.
Sudden Relapse Prove too Great
Shock for CTergymaa Who Had
Been 111 Several Months Brought
Into Prominence by Liberal Tem
perance Views and Ills Model Sa-
Nloon.
Cooperstown, N. Y., . July 21.
Henry Codman Potter, seventh pro
testant Episcopal bishop of the dio
cese of New York, died tonight 'at
Fernligh, his summer home here, af
ter an Illness of several weeks, aged
74 years. The bishop was uncon
scious all day and the end, which
came at 8:35 o'clock tonight, was
peaceful and quiet
Gathered at the bedside of the- dy
ing churchman, were Mrs. Potter,
wife of the prelate; Mrs. Mason C.
Davidge, who came from California,
and Miss Sarah Potter, his two
daughters; Alonso Potter, his son;
Mr. Edward S. Clark, Mrs. Charles
Russel and Mrs. William Hyde, his
other two daughters who are abroad,
have been notified.
Henry Cadman Potter was born In
Svhenectady, N. Y., May 25, 1835. the
son of Bishop Alonzo Potter of the
diocese of Pennsylvania. He was ed
ucated in the Episcopal Academy,
Philadelphia, but like Phillips Brooks,
he took his divinity course In the fa
mous old Alexandria Theological
Seminary In Virginia, graduating
therefrom In 1867.
Bishop Potter had not long been In
office when he began to exhibit the
energy and vigor which later made
him the leader of his church. One
summer. Instead of going to Europe,
he decided to remain down In the city
proper, and to look after the poor of
that section. He came to-know this
life Intimately, and It was about this
time that he gave forth his famous
utterance, "thai the Episcopal church,
In spite of Its magnificent traditions,
would be a monstrous Impertinence"
In case It did not exert Itself toward
the solution of social problems and
the uplifting of the masses .of the
people.
The bishop's liberal views on tem
perance subjected him to considerable
.criticism. The most striking manifes
tation of this theory in this regard
was the dedication of the famous
"subway tavern" In New York, with
prayer and address by the bishop.
This subway tavern was a sort of sa
loon where the working man, It was
planned, could go and get his drink
quietly without being subjected to
vicious Influences. It became the cen
ter of sectional attention for several
months In mercurial New York, but
at length It lost Its novelty, failed to
attract the poorer classes, and within
a year or so was abandoned, as a re
form saloon, and became very like
any other groggery. As a financial
experiment also it was a failure.
The bishop took many Journeys to
Europe, where he was received, of
course, with marked attention. That
this did not disturb his poise in any
way was shown by his utterance In
London, and his repetition of the same
(Continued en Page I.)
EUROPEAN WAR
TOO EXPENSIVE
Famous Military Expert Says
it Would Cost Sixteen Bil
lions Annually,
WOULD ALSO MAKE
UNITED STATES SUPREME
"Next European War Will Involve at
Least Four Powers," Says General
Illume In Report to Emperor
Would Cost Germany Four Billion
Dollars a Y'ear Other Nations In
volved Would Suffer Accordingly
Tills Financial Burden Would Make
America Supreme.
Berlin, July 22. Showing that a
European war at this time would cost
sixteen billions annually and would
result In the United States becoming
the undisputed leader of the world,
General Blume, a famous military
expert, today submitted a report or--
dered by Emperor William, on the
probable cost
If Germany were to fight another
European power Blume says It would
cost the empire one billion and a half
yearly In direct outlay, entailing a
loss of two billion and a half annu
ally In the paralysis of commerce.
Blume declares that owing to the
delicate adjustment of European poll
tics, the next war will involve at least
four powers and that his estimate of
cost applies to each. Such a finan
cial burden would result in the supre
macy of the United States.
THUNDER FAILS TO APPEAR,
Heavy Rain Fell Northwest of Town
Yesterday.
' As far as Pendleton was concerned
the thunderstorm promised for last
night did not appear. Though a
small sited duststorm occurred be
tween 3 and 4 o'clock yesterday after
noon not a drop of rain fell. Conse
quently last night was the hottest of
the season and sleep was difficult
durfng the early hours of the night
Reports received here show that the
windstorm was more severe In other
parts of the ceunty. Two hard blowa
occurred at Pilot Rock and the sec
ond, about 6 o'clock, darkened the
town so that the lights had to be
turned on.
Ten miles northwest of Pendleton
it rained furiously during the after
noon and It Is said three Inchee of
rain fell at the W. P. Temple place.
Today Is Cooler.
Though today has been far from
cool, the thermometer did not run as
high today as yesterday. At 1 o'clock
this afternoon It registered 106 In the
shade on the north side and a breeze
prevailing during a portion of the
afternoon has helped matters mater
ially. MISS CARPENTER RESIGNS.
Declines to Accept Position Offered
Her in High School.
Miss Clara B. Carpenter has writ
ten to the school board that she can
not accept the position in the high
school to which she was elected this
spring. She was chosen to fill Mlse
Davis' place In the high school facul
ty but has declined In order to con
tinue teaching in the grades.
Through Miss Carpenter's declina
tion another vacancy Is created In the
high school faculty and up to this
time the board has no one for the
post, though it will doubtless be sup
plied shortly.
To End the Opium Traffic.
A largely signed petition praying
for the abolition of the opium trafflo
In New Westminister, B. C, Is to be
presented at the next meeting of the
city council. The petitioners are
Chinamen who have recently organ
ized a branch of the Canadian Antl
Oplum league.
SULTAN GRANTS
TURKEY CONSTITUTION..
Constantinople, July 22.
Against the advice of the coun-
cillors, Sultan Hamld today de-
elded to grant a constitution to
the people of Turkey.
This Is understood to be the
only means of checking the
Macedonian revolt which has
spread until it has affected the
whole of the northern portion of
the Turkish empire. The Sul-
tan feared the Intervention of
Russia and France, which was
decided upon Tuesday at St
Petersburg.
It Is considered -he has Issued
orders to General Bey to cease
operations on the Turko-Per-
4 stan border. 4