"..-1t,ti(4tMrtVtvtii-'.H r 1 EVENING EDITION EVENING EDITION WEATHER REPORT. Showers tonight and Saturday, Modern printing of all kinds promptly don'e at the East Oregonlan office. VOL. 22. PENDLETON, OREGON, FRIDAY, MAY 28, 190. NO. 6597 in . mi inirn I Nil UK ; ra nmniHi q UN Ul I IUIIILUI County Treasurers No Pay Until Next Session of Legislature, DUE TO AXOT1IKH BLUNDER OF THE LAST SESSION Salary of Comity Treasurer Stops After May 22 If Law Is Strictly Enforced only remedy In a Roguliir or Sm-c-lul Session r State Legislature Salary of County Sheriff Ih Also Cut Off on Jaimnry 1, 1911 Lccglsla ture Meets AlMiut same Time How ever. County treasurers In Baker, Clack amas, Clatsop, Columbia, Douglass, Harney, GUIIum, Lake, Lincoln, Mor row, Polk, Tillamook, Umatlllft, Was hington and Wallowa counties . will not draw any salary after May 22. of this year unless the legislature meets and remedies another one of Its blun ders. Such will be the case If the law Is strictly Interpreted, for one of the bills passed by th last legislature specifically repeals the law providing for the payment of salaries to these officers. It will also be necessary for the ses sion of the legislature to make It pos Bible for the sheriff of several, counties to legally draw pay for their services after January 1. 1911. Umatilla county Is among this number. Aa the legislature meets In January 1911, this blunder Is not o Important. The legislature by -a Blngle enact ment fixed the salaries of sheriffs of the various counties of the state, the act being section 2934 of the present code. Since that lime, by special en actmcnt, tho salaries of the sheriffs In 18 counties bare been changed, leaving Clackamas, Coos, Curry, Dou glass, Gilliam, Harney, Jackson, Lake, Lane, Linn, Marlon, Morrow, Tilla mook, Union, Wallowa, Wasco, and Yamhill counties unchanged. The last legislature by an enactment, known as chapter 123, of the general laws of Oregon for 1909, copies of which are now In the hands of local attorneys amended section 2934 of Bollinger .and Cottons anotated codes and stat utes of Oregon. SlHtlal Session "Navcssjtry. While the section relating to the alary of the sheriffs In different counties does not go into effect until January 1. 1911, the chapter that makes It unpleasant tor the treasur ers goes Into effect May 22, and they can hereafter set no salary by au thority of law In the counties named. A special session of the legislature -seems to be the only remedy. The section of Bellinger & Cotton's Code which relates to the salaries of these officials Is 29-30. In the general laws of Oregon the amendment 'will le found In chapter 2141 SIIRINER8 WILL CELEBRATE TOMORROW IX TAOOMA Tacoma, May 28. One of the most notable aeries of celebrations ever witnessed in the northwest will be held In Tacoma tomorrow. Shrlners from all parts of Oregon, Washington and British Columbia, will march at eight In the morning from the depot to the masonic temple. From then until 8 at night a series of pageants will transform the city Into a vast amphi Clarence Kearney, the former well known member of tho Pendleton po lice force, llesiat the point of death at his home, 1102 West Alta street, as the result of falling from a train early this morning. While It Is not believed by his physician that any bones have been broken or his skull fractured, he received a severe con cussion of tho brain, which has ren dered him unconscious and may re sult In death. In company with Ira Hughes and II. C. Card, ho was returning from eastern Washington, where they had been for two months shearing sheep. They took tho train at Winona, Wash. t yesterday nfternoon and, com ing nrnund by way of Umntllla, wore nrrlvlng on No. 6 at 2:15 this morn ing. As the train was pulling Into tho station tho three men took their suit eases nnd went to tho end of tha enr tj alight. Though It is not known exactly how It happened. It Is believed that, not knowing that tho vestibule door was open, Kearney stepped back onto what ho thought was the platform and stepped Into space. Having his Will Get CLARENCE KEARNEY TRAIN I Ei MOB IT RES IX TO JAIL KILLING PRISONER Ablllne, Tex., May 28. Un able to gain entrance to the Jail here today, a mob fired through the Iron gratings and murdered Tom Bartnett, recently convict ed of murdering Alexander Sears, a wealthy cattleman. The Jailer had refused to surrender the prisoner. theatre. It la expected that Tacoma tomorrow will entertain the biggest crowd In her history. A monster mlltary and naval pa gaent a mile long, will start at 10:30 in, the morning. In tho line will be cadets from the Japanese training ship, Soya, and sailors from the Am erican cruisers In port. A dozen bands of the Shrlners will inaugurate anoth er street demonstration late In the afternoon and a grand exhibition nnd drill will be given at St. Helens ave nue by the Seattle and Portland uni formed patrols. In the evening at 7 o'clock will be another parade includ ing a thousand shrineis. PRESBYTERIANS WILL GO TO NASHVILLE IN 19l Denver, Colo., May 28. The gen eral Presbyterian assembly today se lected Nashville, Tenn., as the next meeting place. GUY COTS WIRES TO COLLECT TAX AUTHORITIES OP PASADENA TAKE DRASTIC ACTION Between Two and live Thousand Telephones Out of Ue Clly Au thorities Also Cut Outside Wire by Mistake Cut Off Omnium bullous With San Francisco Also Put City lire A hi mi System Out of Use. Los Angeles, May 28. With 893 working lines out of commission by the order of the civil authorities of Pasadena, and with Panudena police men guarding the several lines to see that no repairs are mode until the pole tax and franchise is obtained from the Pacific Telephone and Tele graph company, officials of the com pany met this morning tto discuss the outlook. Between 2400 and 4700 telephones ot Pasadena are not working. The city officials Intended orily to cut the local wires, but made a mistake and cables were cut Including two lines to San Francisco, one to Pomona, one to Covlna, and the Post Ti'legraph clr cult They alBo put the city fire alarm out of commission. A THOUSAND LUMBERjrEX DEMAND WAGE INCREASE Tdeka, Calif., May 28. The box factory, saw mills, and sash and door plant of the McCloud River Lumber company were tied up today as the re suit of a strike by a thousand of their employes. They want a raise of 2D cents a' day for common labor, or two dollars. Delegates are on the way to the mountains to induce the loggers to quit. Orion Register at Land Office. Washington, May 38. President Taft today nominated Arthur Orton of Portland to be register or the land office at X,akevlew, Ore. FALLS FROM hands full, he was unable to, catch hold of anything to save hlmse'.f from tho fall and plunged headfore most onto the ground. A moment later he was missed by his companions, who at first supposed that ho had gonenn through Into the next car or had Jumped from the train to go homo. When he did not show up after tho train had nrrlved they reported tho occurrence to John Kearney, night officer nnd brother of the Injured man. After ascertain ing that ho had not gone home ho three started on a search for the missing man and soon found his un conscious body lying beside tho track between the llepot and the section house Just west. lie was Immediately removed to his homo nnd a physician called, but he Is still unconscious. His left cheek Is badly torn ami filled with cinders find dirt, while there is a bad scnlp wond Just back of his ear. 1 1 is left shoulder and arm are also hurt. From the time he feb from the car until his lody was picked up about an hour and ten minutes had elapsed. CH S ROGERS WILL IS PROBATED Fortune of Between Fifty and Seventy-five Millions to Relatives and Widow, EXCEPTION IS ENDOWMENT OP SCHOOL FOR $100,000 Designated Amount Given to New York Relatives Remainder of Vast EMute Divided Into Four Fart for Benefit of Four Children One-half of Prlucljml of Trust to ho Turned Over to them at Ace f Forty Re mainder to be held In Trust for Tliem Until Death. New York, May 28. The will of tho late H. H. Rogers, disposing of be tween fifty and $75,000,000 was filed In probate today. Excepting a be quest of a hundred thousand dollars for a permanent school fund for his home town, Fairhaven, Mass., the en tire estate goes to relatives and to his widow. The will gives New York residents the stables and automobiles and a trust fund not to be below two mil lion and a half nor above three mil lion. Trust funds aggregating $350,000 were created for the benefit of rel atives to paid to beneficiaries during their lives, and to revert to the estate after death. After their bequests the residuary estate was divided Into four trusts for the benefit of the four children. When each Is 40 years old one-half of the principal of the trust is to be turned over for their lisposal but the other Is held in trust until his of her death. The children may dispose of the trusts by will, but In default of such dispo sition the principal of the trust goes ti the heirs at law. H. H. Rogers, Jr., receives the home ai Fairhaven, and the trustees are requested to make him president of the Virginia railway. The will also asks the trustees to make Urban Broughton. son-in-law, chairman of the board of directors of the same road. The executors are H. H. Rogers, John W. Sterling, of New York, and W. P. Wlnsor, of Fairhaven. DEATH OF SPANIARD La Grande, Ore., May 28. I. S. Winn, B. F. Wade, George Ball, C. P. Ellsworth, M. McCurray and H. O. Walker were called yesterday morning as a coroner's Jury to hold an Inquest over the remains of the Spaniard or Cuban who was run over by the engine of an extra eastbound freight yesterday morning at Telo- caset. After viewing the remains and calling In Dr. Hall to examine a wound that gave Indication of having been made by a gunshot, the Inquest waa postponed until the arrival of No. 7, upon which was one of the train crews r.eeded for witnesses. The man Is fearfullly mangled. Seeming'y every bone in the body is broken several times, and the spinal column is ground Into small pieces. One arm was torn off nnd also both feet. Tho top of the head Is crushed and the brains were squashed out. Inter nally the body Is a conglomerate mess. Dr. Hall made as thorough an ex amination in search of a bullet as was possible under tho circumstances, hut could find none, and it Is prob able that the supposed knife or bul let wound was made by a bolt end. In spite of the supposition that tho man was traveling as a tramp an air .if mystery surrounds his death, for from the numerous papers nnd let tors upon his person he seems to have been a person of .some impor tance. Ho was heavily armed, and from some kind of an Injury he had bled quite freely before the engine of the extra train struck him. More over, the clotted blood was outside the rails, showing that he was wound- d In some manner several hours be fore. O b serve r. NDIANAPOLIS MAN KILLS WIFE FOR BURGLAR Indianapolis, May 28. Mistaking her for n burglar. George Thompson shot nnd killed his wife last night. According to his story w had retired arly. leaving, his wife downstairs sewing. When she entered their room later she carried a lighted match. Thompson said he awoke with a start. He thought the light was from n burglar's bnllseye lan tern, and acting upon first hrpu) drew his revolver from under his pil low nn.l fired twice at the form which followed the light. DEFENDS IDE Senator Bradley of Kentucky Pleads in Interest of the To bacco Growers. TRUST RAPACITY CAUSES "NIGHT RIDERS" MOVEMENT Kentucky Senator Ask That Tax on Ix-af Tobacco lip Taken Off Growers Should bo Allowed to Sell Their Irnduot as Freely as Grain Growers Says That Trust Has De voured all of its CcmixHltors Has Forced Prices Down Below Actual Cost of Production Justifies "Night Riding." Washington, May 28. A severe at tack upon the tobacco trust was made by Senator William Bradley of Ken tucky today when he pleaded for the repeal of the six cent tax on leaf tobacco bo that growers might sell the product as freely as the growers of barley and hops do. He described the "rapacity of the trust," asserted that "night riding" in Kentucky was the result of commercial conditions forced by the American tobacco trust. He declared the trust devoured its competitors, until it controlled all the markets, and had forced down the price, In many Instances below the actual cost of production. He declared that growers. In self defense, had formed an organization, Including sixty thousand members In Kentucky, and that they conceived the Idea of pooling their interests and products until unavoidable and per siaUiit demand should force good pri ces. The trust would be compelled to nnpchnso nt fair valnp In order to supply Its customers. The plan waa worked out and a large sum of money was borrowed In New York, and the members were advanced a small percentage on the tobacco which they placed in the warehouses, held in pool. The trust in order to break the pool and defeat the purpose of the organl lation is alleged to have gone through the district offering high prices, and bonuses to certain growers to work against the pool, and to turn over their crops to the trust. The leaders of the organization argued against violence, but said that growers who were ragged, and half starved through vears of failure to make a cent on their crop looked upon the action of any grower to sell to the trust as treason. The bitterness of the fight, which the growers considered a battle for existence, led the more radical men to take matters in their own hands. In this way it is charged by grow ers that "night riding" began, due to the methods of the trust in cornering the market, and forcing price below a "living value." ARRESTED FOR MURDER ON DAY OF MARRIAGE Bay City, Mich., May 28. Married this morning to Annie Kaiser, Roland Rich, 23 years of age, was arraigned this afternoon on the charge of hav ing murdered his grandmother, Mrs. Christine Coreyon. Mrs. Coreyon was found dying in her bedroom today with wounds on her head indicating that she had been beaten with a club. The bridegroom prisoner was first to report the discovery of his grand mother's plight. The aged woman was taken to the hospital, where she died later, and the wedding was car ried out as planned. DAUGHTERS OF REVOLUTION MAY HAVE UPHEAVAL Washington, May 28. The grow ing unrest over the action of Mrs. M. T. Scott, recently elected president of the Daughters of the American Revolution,., in appointing certain members to places for which they were recently defeated today threat ens an upheaval In the organization. Complaints are becoming more pro nounced against her action In ap pointing the supervision committee with only one member and a chair man belonging to the national board. CAi.ll'ORM VINEYARDS TIED UP BY LITIGATION Sacramento. Cal., May 2S. Ninety .no acres of fine vineyard property belonging to the California Consoli dated Vineyard company, located nv Call. v:is timl up today pending the result of the attempt to foreclose a mortgnire of half n million dollars le the Knickerbocker Trust company of 'i v York. The mortgage also covers vineyard properties in other counties. Professor Norman Coleman of Whitman college has returned to the Garden C'ty after having delivered the r.vinieeci-mcnt n.ldivi to the r.rt'lv"i of the TVndletoii academy. SENTENCED TO 97 4 YEARS fs PRISON San Francisco, May 28. S. H. Fisher, convicted of robbing the mail boxes of this city and Alameda, is In jail here await- Ing his removal to prison to be- ' gin serving four sentences ag- gregating 97 years. He Is ac- cused of stealing 2500 letters from the boxes In Los Angeles. . ' BAD MAX CAPTURED AFTER LONG CHASE Victoria B. C. May 28. After a chase through northern British Co lumbia, Charles Philips, alias Charles Benton, a halfbreed Indian, was ar rested and held at Quesnel pending instructions. Philips is suspected of being one of the three who robbed the saloon at Midway, B. C, and killed the propri etor. He has served a term in the New Westminster penitentiary for killing a constable who tried to arrest him for horse stealing. He later came to Seattle and killed Detective James Wells, who was taking him to the po lice station, and served 12 years for the crime. On July 4 last, following his re lease, he went to Republic, Wash., where he shot and killed Royal Sie bert, a deputy sheriff of Washington. SHOW DISAPPROVAL OF HOME OF GOOD SHEPHERD Say That They Have Been Driven to Constant Work With Xo Thanks - Several of tho Girls Are Hurt- Windows Are Broken and Doors Smashed Policemen Interfere Eleven of Girls Are Taken to the Polk Station. Los Angeles, May 28. Driven to open revolt, they say, by constant work and no thanks, 11 girls precipi tated a riot at the Home of the Good Shepherd in this city at noon today. Several girls were severely injured, windows were broken, doors smashed and rocks thrown at the sisters In charge. Policemen stopped the riot. which was renewed when the sisters appeared at the windows. Eleven girls, bruised, with dresses torn and histerical, were" taken to the police station. Bafbara Grain, with a laceration half an Inch long on her arm. Is under the care of physicians. The girls are between 14 and 17 years old. . MOROS KILL SERGEANT AND TWO SOLDIERS Manila, May 28. A sergeant and two privates of the United States army were killed by Moros, who sur prised tho outpost of the Eighteenth infantry near Keithley, firing, before the soldiers could defend themselves. According to reports received at headquarters today two columns of infantry are pursuing the Moros. DENIES HIS ENGAGEMENT TO PORTLAXD MUSICIAN Paris, May 28. Claus Spreckles. son of the sugar magnate, soon to re turn to America, today denied the re port that he is engaged to Miss Mary' A. Case, of Portland, Oregon, who is here cultivating her voice. IT Sill GIRLS TWO STORY BUILDING FOR That a fine modern two story build ing will bo erected at tho corner of Main nnd Water streets by the Knights of Pythias and Elks lodges is now practically assured. If present plans are carried out tho building will be erected Jointly by the two lodges nnv the work will ho done this summer. For some weeks past plans for the Joint construction of a building by the ' Elks and Knights of Pythias have been under consideration. Commit- 1 tees from each of the htdges have I been negotiating regarding th,. matter and some preliminary plans for the j proposed building have been drafted, j At t!i.- lat meeting of the Knights of Pythias lodge, held Monday eve- ning. a new building committee, with J. W. Maloney as chairman, was ap- 1 pointed and anthorize,i to complcu I the negotiations with the Elk.. I Last evening the building propo- , sitiou was formally presented to the ! Elks at their regular weekly meetiint ; I'td tlv.-y too v.. ted to go ale-. id wj-lj THE SETTLED NOT WANTED Witnesses in Hanley Trial Tell of Days When Eastern Ore gon Hated Settlers. XOBODY' DARED ENTER TOE BIG PETER FRENCH RANCH He Was Master of the Great 80,000 acre Enclosure of Govern nient land Witnesses Show that the Fence Has Later Been Allowed to Fall Down Hanley Defense Say Stock Have Been Allowed Within En closure During Late Days Em ployee Admits that Poor Condition, of Fence is Only Recent, ;. Portland, May 28. Reminiscensea of the days when the eastern Oregon rancher hated t.he settler was today's theme in the trial of William Hanley, accused by the government of Illegal ly fencing 80,000 acres of public land in Harney county. Willjam E. Relder, a rancher, waa called to the stand by the defense,, which desired to show through hlnr the bad condition of the fence around': the government land. Relder said that when Peter French . was master of the land nobody dared, to enter it. During the grazing sea son the stock of others were kept off. -He told of continual antagonism be--tween the sheep and cattle men. The latter claimed that sheep rendetsd: the grass unfit for the stock to feedf on. This was one reason why the fence was erected. " William Allen, Hanley's foreman, testified that the flocks and herds of all people were allowed to feed an Hanley's enclosure. R. H. Born, a sheepman, confirmed the statement, and said that over two hundred thousand sheep had fed In that region and that some sheep be long to coyote herders from Califor nia, Nevada and Idaho. George Smith, a cow-man, declared that the fence was in bad condition. He admitted under cross examination. by United States district attorney Mc- Court that he had recently removed posts at Intervals in the fence. UNKNOWN MAN GIVES AWAY HUNDRED DOLLAR BIXLS- Des Moines, Iowa, May 28. Post- office Inspectors today were asked to unravel the mystery surrounding the receipt by a number of residents of Panora, Iowa, of letters containing $100 bills. No signature Is attached to the letters, one of which bears th postmark of Portland, Or. Five persons admit having receiv ed money totalling 9 1125. Mrs. Vi ola Lapegiett, a widow received $225 mostly in J 10 bills, with a note signed "your friend." MAYOR M CLFXLAX READY TO START AUTOS New York, May 28. It was an nounced today that all Is ready for Mayor McClellan to start the New; York to Seattle exposition automobile at 3 on the afternoon of June 1 from the city hall coincident with the open ing of the fair. The route will "be by way of Albany, Syracuse, Buffalo, Cleveland, Toledo, Chicago and St. Louis. No schedule west of St. Louis has been arranged, the contestants being allowed to choose their own routes. the matter. , At the same time con siderable financial backing was of fered to carry out the Elks end of the bargain. As matters now stand the building will be erected provided the two lodges can reach an agreement upon one or two minor points that have not yet been settled. That a satisfactory agreement can be reached is regard ed as certain as both sides to the bar gain aro anxious to proceed with tha building. At the present time tho building site at the corner of Main and AA'ater Is owned by tho Knights f rythhn and tile buil ling proposed ;s to cover this lot. It will adjoin the Bowman build ing on the north and wi'l be a two story strip lure ith a basement to house a heating plant. It is estimate i that tile budding will cos; fSJ.Oml. it is understood that the matter of f". tumeiitg tile lHiiid-'n.; has all be. n ar ranged for and that It now merely re mains fir th,. two lodges f., r.-i.-h nn 1 ITER f . r