EVENING EDITION Y"1mmwr'tr'. : g EVENING EDITION Snow tonight and Bat- I I JDAJLV : 1 VAV TC mercial stationery and urday. ' j r "'IIMI .MfaWtRKllA SV KnBi- f- C Job prinUng to order J W TyJ Wgfy jrV, at the East OregonUn. COUNTY OFFICIAL PAPER. , VJ-'c Vj - - ! CJ1T OFFICIAL PAPER. VOL. 22. " ' PENDLETON, OREGON, FRIDAY, DECEMBER 31, 1909. J NO. 6786 IS Prospects for Traction System Bright Amended Agree ment Sent to Directors. LEGAL AUTHORITIES ' SAY CONTRACT GOOD Lex ml Committee Hold Sessions Last Evening and This Morning With Traction Company's Representative -Amendments Made at CoL Raley's Snggetlon "Will be Acceptable," Bay F1U Gerald Pendleton Most Raise $50,000 to Secure Long Wanted Improvement. Unless entirely unforseen difficul ties now arts to block the progress of events the agreement between the Wanhlnnnn-OrHon traction comnany and the committee representing the Commercial association will be fully I connWHfid at once and it will then be ! up td the people pf this city to raise the 1(0.000 needed to secure a trao tln system tor Pendetqn, t tributary ternary.. Meeting Last Evening. I At 5 o'clock last evening the tocaj committee met with D. Fits Gerald at the company's office, in the Smith Crawford building and the agree ment drafted and duly signed by the Walla Walla stockholders of he company was considered in detail. After the committee had considered the agreement nore or less at length and during which discussion Judge James A. Fee expressed his satisfac tion with the same it was decided with Judge Fee's sanction, to reret j 'the matter to Col. J. H. Raley for fur- thelr consideration as to th, legal features of the contract. Today's Session. At 11 o'clock this morning the committee jnct again and Col. Rnley went over the contract endorsing it. though suggesting several changes In the wording of the same. All of these ... nereed to by Mr. Fits Gerald who said that the alterations wouia i not affect the status of lu contract GONTRACT AGREED as interpreted by the traction peo- , u lhat BoonH la to be suc- ple. j reeded bv a former Southern Pn- At the conclusion of the session i off)cjH, by the name of Mrrls. this morning the committee voted to , noons g wel, knowl, ln th)s city endorse the contract as emended ana n nd(llon , nnvng been divl a certificate setting forth this action ellK,m.cr before being promoted of the committee was executed "by p08,tnn of superintendent, he Loon Cohen, secretary of the com- formerly one of the proprietors mlttee. The "Jft,'1,l'n"!o( the Hotel Pendleton, was then sent to Walla Walla this , unknown ,0 ,lK.al railroad afternoon for ths signatures of the understood that he has Walla Wnlla stockholders. , Jn the wrvU.e of the Harrlmah The Contract. ! syg,em for a number of years As drafted the contract is very, offlcai confirmation of the rc- slmllar to the agreement first pre- , chnnBCB could be had at the sented the local commU-tee and wh Ich Pr M l company, though was published In the East Orego nl.n ocaij at the time. The terms of the con- from pirBOtl8 tract renu.re -Zt Z I who have been n Portland reoently. company to construct at least six miles of street car track within the R MAX OF NOTE city and suburbs vrtthln one yea r . ANOTHI.lt i KK Ass VSSIX to rttabllsh a park and to spend a; minimum: sum ,nf 00 00( I In this I ,e- Pl.0. 31. - city and vicinity. The line Is to no , Qf the assl,s,lmi. electrified by means or e'PLlr'' ' power generated by the company . Slant, not by electricity secured from it Is to be eiectruiea wnm.. years time. Until the company's power Is developed the company Is to operate gasoline electric cars on Its lines tn this city. Tho company Is to construct not less than 50 miles of Interurban line extending out from this city, this Interurban trackage to be provided within a reasonable time. As a guaranty that the company will fulfill the terms of Its contract the company gives a bond to perform its obligations within the required time or to forfeit to the local sub scribers In cash or In the company's property a sum equal to the sum to be subscribed by local people. The sum of 150.000 Is asked of local people and unless this sum Is raised the com pany Is under no obligations. On the other hand the local people are to be under obligations to the com- ( COUNT BONI'S SON CAN SCARCELY WRITE. Paris. Dec. 31. Jay DeCas- tellane, son of Count Bonl, whose former wife Is now Prln- cess do Sngan, though nine years old can scarcely read or write. is the story told by the bailiff In the court of appeals today. In serving papers on tho prln- cess, charging her with neglect of her children's education and making her a party to an ap- peal by Bonl, the bailiff was requested to watch Jay's writ- Ing exercises given by the gov- erness. He wrote a few elm- pie sentences, but was constant- ly prompted. His signature Is the only , thing he Is able to write unassisted. ' . pany only to the extent of the Indi vidual subscription and In making these subscriptions they are safe guarded by the bond to be given by the company. In the opinion of Col. J. H. Raleyi as expressed to the committee this morning, the contract drafted will be binding upon the Washington-Oregon company and the directors of that company Individually, to the extent of their personal resources. Fitr Gerald is Hopeful. Following the committee meeting this morning D. Fits Gerald sent the amended contract to-Walla Walla for the signature of the directors of the company. To the East Oregonlan he expressed confidence that the amend ed contract will be satisfactory to the company as the changes do not ma terially alter the contract from their standpoint. GANG DEFRAUDS RAIL ROADS HY passes Indiannpolis, Dec. 31. The frau dulent disposition of free paAses has cost the Great Northern railway up wards of 1600, 000 la the past four years. It is alleged that this is a result of an organised system sup posed to extend throughout the west. Special agent A. L. Kay has been working on the case for the railroad for over a year. Two arrests have been made. Paul Carbon, a St. Paul saloon keeper and an employ ment agent at Grand Forks, N. D., were taken Into custody accused of disposing of passes to Investigators. It is alleged that the passes were pur- lolned from the Maintenance of Ways department and sold to em ployment agents and others for ship ping laborers over the road. IN 0. R. & N. REPORTED BOLLONS ILA8 RESIGNED SUPERINTENDENUY fwtUT Rumored That Will Ac- pany In Portland- Morris to Take Rnllons' Place, 'Aerrdlng to rumors which origi nated in Portland, William Bonnons has resigned as superintendent of the r-.....,.n .liviulor, nf I ho O R. & N. to a(.oepl a pol,iUon with the Terminal , portiami. The same ru- 1 1. ,,. nf Hnssen Tihim Pasha, , of the Yomen valley go "r t() the Sea Hassen recently i-iwie young turks were responsible for the granting of valuable concessions and franchises to foreigners without suf ficient returns to Turkey. His assas sination ls directly attributed to this .nonbble. No details of the crime have been received. ISiUy Pnnll to Run. Ruffalo, N. Y.( Dec. 31. Billy Va of Penn. who holds the Intercolleginto mile record and Is the fastest" mile runner born in America will run his first race since hla record run at Cam bridge, Mass., last spring, when he goes against some of the best in, the east at Buffalo today. Not since his school days, and tho latter part of them, has he competed In his native city, Buffalo, for ns a Mcrcerburg runner he was too busy t.. enter open games and while he has been at Penn Mike Murphy has only used him a few times. Pauil denies that lu intends to quit the cinder path and says he will be In his old form for this yoar"s intercol leglatcs. Machine Falls In Tree. Mourmclon. LeC.rande, France, Dec. 31. Bncrdor'H biplane today fell into a tree which probably saved the nav igator's life. Baerdor wan not hurt but the machine was wrecked. Elys tor Mnlf Hour. Puuo. France, Dec. 31. Paul Tis saudir today flew a Wright biplane over tho city for half nn hour. Count Miilinsltl accompanied him as a pas senger. First Trnln on New Road. Shreveport, La., Doc. 31 It is ex pected that the Louisiana & Arkan sas will run Its first train Into Shreveport tomorrow. mm mi i aim m v niiRiirn , iIEBf DEMONSTRATES HIS CLASS ill 1 1 i ii 1 1 i ii i ill iu nil iii n iiui iiLLnui in. i. unn lii HE IS PAINTED Zelaya Declares Stories of Nicaraguan Conditions Are Biased or False. SAYS KNOX IS GUILTY' OF BAD DIPLOMACY Former ITtwIdcni of Nicaragua IX- rluifs Ho Has Not Bmii Given Op- ' porliuiily to Slate Ills Side Thinks ' Knox Han .Made Mlxtuko in Ills Ac- j tion Laugh at Stories of Hit ' Al- j logttl Hobberii-H Not a Prisoner j While In Mexico. Itwee Negotiation Off. New Orleans, Dec. 31. A Bluefields cable Bays an open rupture in the peace negotia tions has come and Estrada has announced he will continue the revolution. Troops will be rushed at,once towards Man agua. Mexico City. Dec. 31. "Americans have been misled by biased reports . . j . i r .T . I umue iu uiuer, muricn til alleged i j crimes defalcations and the 1'ke In If I nsn given an opportunity to state my side of the case, they will begin j to understand the, true stale Of af- T luirs," t-aia eoiaya to ine unueu r .... .. ... i . . . i . . . . 1 , " "1 , , o. . Z also friends m the Lnlted Stntes and. ! the latter firmly believe no matter what faults are found with my pol- ! ' ... -.J . ., . . ' , , 1 iaya inuxneo i i nv imry nii-i ne n.i-i j plundered the treasury and declared he had paid the $50,000 Emery claim out of his own pocket. He Is not ton plot. A sub-secretary of foreign affairs today denied that Zelaya is might do us he pleased "He can spend a million dollars ln building palaces, can drink, talk, gamble, be merry, sleep inid live in Mexico with out fear of molestation." MILLIONAIRE OFFERS REWARD FOR KIDNAPED COUSIN Chicago. Dec. 31. Frank Fehr. I millionaire brewer and a cousin of; Anna Kellener. who offered three thousand dollars reward for the girls, return, arrived here today and imme- diately consulted with the police. Im- mediately after the parents received a letter yesterday demand ng five thousand dollars ransom, Fehr left Louisville for this city and It Is be- lieved the girl Is hidden here. Fehr said: "I would increase the reward if I thought, it would make the police bpst known of southern Oregon plo more active. e nvera. He was 84 years old. KING ALBERT WILL NOT j HAVE LEOIOI.D"S CABINET. Brussels, Dec. 31. It is authorita tively but unofficially announced that. King Albert has accepted the resig nation of the entire civil and military stuff of Leopold, Including Baron Wahis, governor general of Belgium. This action is accepted us a prelimi nary step toward stamping the old re- jiiiie of the Congo. LOCAL AVIATORS T 1 Portland, Ore., Dec. 31. A gasollneThe cylinders lire set In double op eiigliie for Installation In an aeroplane I Visn type and the little engine Is a . model of neatness. The operations of at Pendleton, Ore., has just been , ppn,n(im avlat(rg wil, be wMch. completed at the Willamette Gas En- ed wltl, ,lt,,)Vst jn Portland, g ue & Machine Works, 350 East ! Washington street, and will be ship - pt d tomorrow to Pendleton. The aeroplane is the invention of n manjtalned by telephone from Mrs. Bahr, by tho name or aicuennls Maccoigan and he Is being backed in his ven ture by Sidney CJoodwing and John II. Bnhr of Pendleton. While little is known by Manager Weber of the machine works as to the prlnclplos of the aeroplane, it Is said eolgan are In Portland, at the pres to be of a type not hither experiment- ent time, but they are expected home ed with. Its propellers ' are said to i early next week with tho engine and have no rotary motion, but a fold- according to Mrs. Bahr they will Ing, slld.ng motion like the wings of j probably have it Installed and ready a bird. They arc operated by means for n trial trip, .by the last of the of levers In the hands of the opera- i week. She refuses to give out any tor. The engine built by the Willamette Gas Engine & Machine Works Is principally aluminum and weighs but 225 pounds. It develops 30 horse power and has a 4Hx5-tnch stroke. WRECK 111 Spencer Trask Killed on N. Y. Central in Collision Between Passenger and Freight. ANOTHER FATAL WRECK S'EAR TRENTON MISSOURI Heavy Yelght Crartu-N Into Pullman Killing Ranker Instantly Official lteMirt8 Say lie Ls only Victim Five Bodies Already Recovered From Wreck in Missouri Fifteen Mor Tnder Burning Cars Train J'ft Rails and Toppled Over. New York. Dec. 31. Word was re celved . at the office of the Spencer Trask company, bankers, that Spen cer Trask has been Killed In a wreck on the New York Central. At least two others besides Trask were killed when a freight train rant ed the Montreal express at Croton, N. Y., one a negro porter, and the other unidentified. Trask occupied the drawing room of the rear sleeper and was instantly killed ' when, the heavy freight plowed through his car. Officials are Inclined to blame the crew for the wreck. " "V - . XeV York. Dec. 31. (Later.) Railroad official have announced definitely that Traslc was the only person killed. Three others were se-rlotsly- hurt. ' , , - .Z-.-j, i. Another Wreck Reported. Trenton. Mo., Dec. 31, A i serious ... .N. , . , v .,,, r.,rt.n ,,, n ,K r.n6rtea. The e elne and all cars are said to Tinve" crHizfd. - No details have ween received Liter Five bodies have been re covered and It Is reported fifteen are ! buried under the wreckage. The I cars are burning and scores are In- Ijliretr. i lie uiviiuii I K,... ittt-it-itti- Uilli. mii the en- t . ti. : tnrt v I gineer escapeu. i in- nam n-i ! rails and toppled over two anti a half miles north of here. The cars were badly smashed and the injured were rushed to hospitals here. Wreckers armed with axes attacked the sleep ers attempting to rescue the Impris oned passengers. The train was the California special and not the Golden State limited. OIJ PIONEER EXPIRES WITH THE OLD YEAR ' Medford lire.. Dec. 31. With the lllliSnt of th(? ol(j year, Silas J. Day, ,h'0i.1cst pioneer of Jackson county. haa passed out into the night. He (,d ,,arly tni8 morning at his home ln Jacksonville, where he has resided ; snoo 1849, being one of the first to r,1(u.h this place after the discovery n. Judge Day wos perhaps the dames D. Campbell Retires. Philadelphia. Dec. 31. James D, Campbell, general solicitor of the Philadelphia & Reading, leaves that road today and will retire under the oenslon system He has held the of fice since 1980. E J Johnson, rond supervisor for the Holdman district, has been In town today attending to bus ness and visiting relatives. PREPARE TO AT 1 According to the above dispatch j from Portland and Information ob- brother of the inventor. It appears thnt the big airship which has been In course nf construction on the Ruhr farm for the past few months Is ncnrly ready for the trial trip. Both Mr. Ruhr and Mr. Mac- details regarding the machine or tho plans of the Inventor, but she said that at tho proper time, representa tives of the press would be Invited to watch the trial trlp make photo graphs and examine the ship. T MOSPHERE Portland, Dec. 31. The three thou sand Portlandites, who saw last night's boxing exhibition between Monte Attel and Jimmy Carroll, both of San Francisco, are today proclaim ing the little Hebrew the rightful bantamweight champion of the world. Attel is around the streets today without a scratch, while Carroll's right eye Is closed, his face , badly battered and bruised. Had a decision been rendered. Attell would un doubtedly have been the favorite one. He was the aggressor all through the ten rounds and landed cleaner blows. Morover, the little Hebrew had plen ty of steam back of his punches and made carroll wince time arter time as he sent in body punishing blows. Attell used a straight left to good ad vantage and In the first session start ed the' claret flowing freely from Carroll's nose and partially closed his right eye. , Carroll put up a game and clever battle, but was outclassed. PIN PERMANENT RELIEF FOR CHERRY" SURVIVORS Ch'cago, Dec. 31. Plans are be ing made today by Ernest Blcknell, national director of the Red Cross, to call a meeting for councils here -and the executive committee of the Unit ed Mine Workers to adopt plans for the permanent relief of the Cherry survivors. Replying to charges that the Red Cross didn't properly relieve the suffering. Blcknell said nearly S206.000 had been expended and the families of the dead miners are being cared for even better than their own bread winners could have done. E ASKS SHE BE HELD AS FUGITIVE FROM JUSTICE Supplngton Makes Counter Move to Fakercss' Attempt to Free Herself Argument), Made Tills Afternoon Before Judge Bean. ' The hearing of the habeas corpus proceedings Instituted by Judge Jas. A. Fee to secure the release of Mrs. Maud Baney or Johnson is now in progress before Circuit Judge Bean. The hearing was scheduled to take place at 10 o'clock this morning, .but the counter move of Sheriff Sapping ton necessitated a postponement of the hearing until S o'clock this after noon. Just before the arguments on the habeas corpus proceedings were to be made. Sheriff Sappington, who is de termined to take the woman back to the Washington town with him. filed an answer in which he declared that he was familiar with the circumstan ces of the case and in which he asked that a warrant be Issued from this court for the arrest of Mrs. Baney on the ground that she ls a fugitive from justice. ' In order to properly meet this turn In affairs and to prevent the con sumation of the sheriffs purpose, Fee as'ked that the hearing be postponed until 3 o'clock, which was done. It is expected that Judge Bean will render his . decision immediately at the conclusion of the arguments and that Mrs. Baney will either be given her freedom or that she will be turned loose only to be Immediately rear rested on a fugitive from justice war rant. Sheriff Sappington has had consid erable experience in cases of this kind and be feels confident that the fair prisoner will not, be able to escape the clntches of the law. Monoy Orders by Cable. Washington. Dec. 31. Under an agreement . entered Into between the postal authorities of the United States Canada nnd Great Britain and the Western Union Telegraph company, money orders may be exchanged cable on and after tomorrow. The maximum amount for which a single money order may be Issued in England will be 40 pounds sterling. but for orders issued In the United States and Canada for payment In the United Kingdom the maximum amount will be 41 pounds, ls. 4d.. which is the equivalent of $20.0. CliliMigo's Big Budget. Chicago, Dec. 31. Chicago's muni cipal expenditure for 1910 will be the largest in the history of the city. For schools, libraries, water bureau and corporate purposes it will be ln the neighborhood of f55.000.000. which is $3,000,000 in excess of tho largest np propriaiion heretofore made. New Y'ears 0eit House. The Methodst church will keep open house on New Year's day In the church parlors from 2:30 to 5 and 7:30 p. m. A literary and musical program will bo rendered, beginning at 8 p. in. All the friends of the church are invited to come at any time that is convenient and stay ns long as possible. Strangers will find a cordial welcome. Herbert Jjuoi.ia ui .uiuualou. "' turned home this morning after tran sacting business in Pendleton for two or three days. BATTLE WITH Bandits Are Frustrated One is Killed and One severely Wounded. OFFICERS DISCOVER PLOT AND HURRY TO SCENK Police Comical Themselves Xesur Bank and Await Appearance of Robbers Wbrti Three Appeared Were Ordered to Surrender Mem Attempt to Escape But PoUce Bac Two Other Makes Get A war lead Robber Identified. Oklahoma City, Okla., Dec. 31. One robber was killed, one fatally wounded and another escaped early today when the Oklahoma City polio frustrated an attempt to rob the state bank at Harrah, a small town twenty -miles east of here. The dead robber has been identified as Frank Kulggs of Kansas City, and the wounded man gave his name as Frank Carpen ter. The .police discovered a plot to rob the bank and hurried to Harrah last night.' There they concealed them selves near the hank and waited early - today until the three men appeared.. When the police ordered them to sur render, the men fled whereupon the- police fired, hitting two. ' LIMITS CAVALRY MOUNTS. War Department Taken Action Against Ostentations Display of Wealthy Officers. Washington. There are a number of rich young officers in the army and sometime they try to outshine tlieir less fortunate comrades by the "lugs" the puCoiLi" . ;.. In the cavalry, particularly,., the opportunity to do this has been pre sented through the ability of the more wealthy men to keep a lot of horses one fit for every occasirn. (They have blooded horses for parade purposes, hunters for social anairs, and polo ponies. The war department has taken no tice of this condition of affairs and. in a recent order, has endeavored to put a limit upon the number of ani mals that may be kept W any offi cer. The order says: "It is believed that seven horses is an excessive number for one officer of the rank of second lieutenant to have at one time and that the pre cedent established by the approval of the possession of such a number would be liable to degenerate Into an abuse. It is further thought that no officer should, as a rule, have in his possession more than four mounts, though In exceptional cases the num ber might be temporarily Increased to five or six. especially when It is the intention to replace wornout or unsuitable animals by better ones, and that It should be clearly understood that the possessing of more than four animals should be exceptional and temporary. It should also be dis tinctly understood that it is highly improper for mounted officers to make use of government facilities for the purpose of speculation or person al gain ln this connection." Finds Pendleton Improved. Prof. Fred Berkman, formerly in structor in the Pendleton Business college, but who is now In his third year with the Blair Business college of Spokane, was In the city this fore noon on his return from a Christmas reunion in Nebraska. He has only been away from Pendleton a little in. ire than three years but In that time he finds there have been many Improvements made. He was parti cularly impressed with the paved streets, the absence of the saloons and the improved appearance in the stores. Mrs. TT. G. Rudd of Baker City, is the guests of Pendleton friends today. WOMAN BRITALLY ATTACKED BY NEGRO San Francisco. Dec. 31. The entire police force is working and the community aroused by the brutal assault upon Mrs. Bessie Huntress, aged twenty three, by a negro burclar who entered her home at 1434 Turk street at midnight and demand ed money. Finding none, he at tacked the woman, binding and gagging her leaving her half dead. In which state she was found by the landlady and she was rushed to a hospital where her condition was found to be serious. The woman is separ ated from her husband, and has been employed as a book