EVENING EDITION EVENING EDITION Calling . cards, wed ding stationery, com mercial stationery and Job printing to ordt r at the East Oregonlon. CITY OFFICIAL PAPER. VOL. 23. PENDLETOX. OIlEtfOX-, THURSDAY, APRIL 28. 1910. NO 6888 Pair and cooler tonight A 51 JOAILV XvOsAV VV 9 WlViH.V Friday fair and -warm- fcTT gT SA UT. HI-WPTKm ry, I r-" COUNTY OFFICIAL PAPER. : T IS Oregon Supreme Court Will Meet Here Next Monday for Spring Term. NEARLY THIRTY CASES SCHEDULER FOR ARGUMENT Four of live Casess from Umatilla Oonnty Are Important Ryan Mur- dor Case, Umatilla Water Users' Association Fight, Famous Detec tive Hilt and Milton Fruit Shippers' Case ratter Texts Constitutionality of Law, The dork?t has been completed and 11 arrangements made for the spring term f the state supreme court which will be convened In this city next Monday. There are 28 cases on the docket of which five are from this county, 11 from Baker, three from Union, three from Maiheur, four from Wallowa, one from Gmnt and one from Harney. As usual, practically all of those eases, from Raker county have to do with mining suits. In the five from this county, four re of considerable Importance. One la the Ryan murder case, one is the famous detective bill case, one the case which Is to .determine nee for 11 wh'ch faction Is to he In control of the Umatilla Water Users' associa tion and the other Is the appealed case of tho fruit shipping firm of ( Rlggs A Martin, which was brought gainst the railroad to recover dam ages for the failure to supply cars when needed to handle fruit. This was the first case of the kind brought under tho law and this appeal will test the constitutionality of the law. The complete docket with the county from which the case was appealed and the title of the case Is as follows: Grant county State of Oregon, re spondent, vs Hen Hlnton, appellant; ready for trial. Baker county State of Oregon, re spondent, vs. IT. Franks, appellant; no briefs filed. Baker county State of Oregon, re spondent, vs. D. R. Trapp, appellant. Sot for May 3. 1910. Harney county R. R. Slt, appel lant Vs. A. S. Swain, respondent. Up on motion to dismiss. Umatilla county Umatilla River's Water Association, appeallant. vs. H. T. Irwin, et nl, respondents Ready for trial. Baker county R. N. Bostwlok ft Co.. respondents, vs. K. of P. Lodge No. 8. Up on motion to dismiss. Raker county Josephine Tson, et I. respondents, vs. Wm. Sturglll. et at, respondents in one case, vs. W. J. Welch and Clarft Welch, appellants. Bet for Monday, May 2, 1910. Baker county Thomas C. Burke, respondent, vs Parilee Hindman, et at, appellants. No brief filed by ap pellants. Union county The Orande Ronde Electric Co., appeallant. vs. Farmers' and Traders' National Bank respond ents. No brief filed by appellant. Respondent's brief filed January 19, 1910. Umatl'la county Commercial Na tional Lank, respondent, vs. J. F. Temple, et al, appellants. No briefs filed. Up on motion to dismiss. Baker mijnty Q. W. Slade & T. W. Davis, respondents, vs. The Utah Con struction Co.. et al appellants. No appearanco of the respondent. Baker county Sam Carnes and W. A. Carnes appellants, vs. James Pal ton respondent. Ready for trial. Union county Anna Oliver ap pellant, vs. Fred Synhorst. as street superintendent of the city of La Grande, respondent. Ready for trial. Umatilla county State of Oregon, respondent, vs. Michael Ryan, appel lant. Ready for trial. Malheur county Frank E. Hodgln. appellant, vs. John Boswell, respond ent. Ready for trial. Baker county Susan Henderson, respondent, vs. A. Backus, appellant. Ready for trial. Malheur county Minnie O. Han sen, respondent, vs. William Jones and ,T. r. Teurman. Partners aa Jones ft Co., appellants. Ready for trial, Malheur county Minnie O. Han- 1 KETC1IEL ANJ LANGFORD FIGHT 0-ROUND DRAW -0 ' Philadelphia, Pa., April 28. Stanley Ketchel. the middle- weight champion, and Ram I.angford, the nifty Boston ne- gro, fought six rounds to a draw last night before the National Athletic club of this city. Ketchell was the aggressor throughout but Langford was the cooler and clever boxer, and had a slight advantage. The contest was one of the hottest ever pulled off here. T PREPARED sen, respondent, vs, William Jones, appellant. These two cases to be ar gued aa one. Ready for trial. Baker county J. H. Washburn, respondent, vs. Intermountaln Mining Company, a corporation; Robert D. Carter, receiver; M. S. Bond and Dur keo Mercantile company, a corpora tion, defendants, and J W, Flack, defendant ami appellant. No briefs have been filed by either party. Wallowa county Beatrice Devall, appellant, vs. Thomas DeVall, re spondent. Ready for trial, Wallowa county C. R. Elliott, ap pellant, vs. Wallowa county, respond ent. Ready for trial. . Umatilla county F. F. Martin and Rajph Rlggs, doing business under the firm name and style of Rlggs & Co.. and Rlggs & Martin, responds, vs. The Oregon Railway & Navigation Co., appellants. No briefg filed by cither side. Wallowa county W, J. Funk & company, a private corporation, vs T. M. Butler, et al. Motion filed by respondent to affirm. Union county J. B. Thorsen, J. H. nuell and Mabel Parks, admrs. of the estate of H. L. Buel, deceased, re spondents, vs. J. A. Hooper and Jo seph Hudson, appellants. Brief of appellant filed; no brief filed by re spondent. Umatilla county Chas Curming hum and A. F. Michael, appellants, vs. The County Court of Umatilla County, respondent. Appellants' brief filed April 21; no briefs filed by respond ent. Baker county W. C. Fox, respond ent, vs. Louis Tift, appellant. No briefs filed on either side. Baker county John Shaw, respond ent, vs. T. N. Profit and Joe Carter, appellants. Respondent's brief filed February 26; no briefs have been fil ed by appellant. . Wallowa county The Oregon Rail road & Navigation Co., appellant, vs. Hector McDonald and Margaret Mac Donald, respondents. EARTH SWALLOWS HERD OF CATTLE GREAT CREVASSES OPEN ON NEVADA RANGE Gruzlng Lands Oien Vp ami Many Cattle Perish (Vacks Are Filled With Water People Moving I'Yoni Vicinity, Reno, Nov., April 28. Residents of Jakes valley, 26 miles west of Ely, arc driving their cattle to higher ground today, following the appear ance of great crevasses in the earth, which suddely opened and swal lowed a large number of cattle. Many of them are from six to -eight feet wide and are filled with water. The ranchers have found fifty cattle dead in these newly made water holes. Many ranchers are leaving the vi cinity, fearing further strange dis turbances. LA FONTAINE AND ROZIEIt WIN IN PIANO CASK The Jury department of the April term of the circuit court Tor Uma tilla county was adjcftirned la.t eve ning by Judge H. J. Bean after the verdict had been brought in in the case of Huelat versus La Fontaine and Dozier. The verdict was in favor of the defendants. This was the cape In which Huelat was seeking to compel . payment for an electric piano which had been pur chased by the defendants but which together with the contract for pur chase, had been sold to another man before the payments were completed. The purchaser failed to keep up the payments and Huelat Bought to com pel the original purennsers to com plete the payments, but failed. The Jury was out but a very short time. This being the last case on . tho docket which was ready for trial at this time, the men who had been held here for several days on Jury duty were allowed- to go to their several homes. PORTLAND IS IN LINE FOR SOME HIGH WATER! According to the weather reports being sent out, tho Willamette river Is still rising rapidly at Portland as the result of last week's warm weath er, aided by showers, and will prob ably continue to rise at about the same rate for the next three or four days. A stage of 16 feet Is predicted for today, 16.6 feet for tomorrow and 16.2 feet for Saturday.. At the 16 foot stage the lower floors of several of the Portland docks will be Inun dated. RETURNED MISSIONARY WILL SPEAK TONIGHT W. P. Bentley, a missionary for 17 years In China, will speak at the Christian church tonight. At present he is superintendent of the oriental work on the Pacific coast. Everyone is Invited to hear the address this evening. Hissing or other hostile demonstra tions seldom If ever helped or hinder ed a cause, PAULHAN WINS T. R. ARRIVES $50,000 PRIZE Nervy French Aeronaut Out dislances His English Rival in Air Race. MADE II MILES AX HOUR FOR OVER FOUR HOURS During Aviator In Farmau Biplane Thousands Gather at Depot to Wc! Traveln from Ixnnlon to Manchester ' come ex-Prcsldcnt of United States White Umds at Polcsworth and Wire Congratulations Puiilliaii's Wife und Furniiui Are First to Greet ; Winner Machine Worked Perfect l.V. London, April 18. When Louis Brussels, April 28. A tumultuous Paulhan alighted today at Manchest- ' welcome was given Roosevelt when he er, winning the London Mail's fifty t arrived here today. The burgomast thousand dollar prize, his wife and er and American Ambassador Bryan Henri Fnrman, inventor of., the aero- I met the colonel at the station. Thou plane which was used In the flight, j sands gathered at the depot to wel were the first persons who greeted j c.me the American visitor. The col hlm. I nel was notified by representatives Claud White, who raced with Pnul-jf King Albert that the king would han for the prize, descended at Po.ef-- j await him at the great exposition hall worth, but may reascend and continue j ,nis afternoon and wou'.d formally to Manchester. j welcome him at a public reception. Paulhan said his machine worked Later the king and Roosevelt rode perfectly and coul.l have continued , together to King Albert's country pal on another hundred miles. ace at Laeken and afterwards Mrs. White wired his congratulations to Roosevelt, Ethel and Kermit Joined Paulhan. The best man won, he said. ' them there. The Roosevelts were The Daily Mall wired congratulations j guests of the king at a magnificent to both Paulhan and White. "Cordial state dinner at which were present congratulations to Paulhan. mingled leading civil and military dignitaries with sincere sympathy for White, his : of Belgium. Roosevelt will start for gallant rival " the message read. j The Hague tomorrow. The people at Lychfield received I Paulhan in silence but cheered awhile j "Dully Time" ut Purls, when he landed.. The authorities or- j Paris. Ajyil 2 . Col. Roosevelt de dcrcd the soldiers to guard thePaj-tcd this morning fur Brussels, be Frenchman'svniaihlne until he was ' ing attended at the station by many ready to reascend. White has de- celebrated men and thousands of Par- clded to abandon the flight and will ' island, who gathered to give him a not start from Polesworth. Paulhan ; hearty farewell. "Paris is great, averaged forty-four miles an hour i France Is great, I have had a splen and White thirty-eight. Paulhan was'1"'! ""?. nd will never be able to In the air' four hours and eleven min- : thank you enough," was Roosevelt's utes. White reconsidered his determina tion not to reascend and resumed li s flight nt 5 o'clock this afternoon. The Paulhan Aeroplanes. New York. April 28. The thirty i ('ays extension of the government j bond granted by the treasury depart- tnent ro the Paulhan aeroplanes which j have been in litigation between Paul- ' ban's manager. Edwin Cleary, and the French aeroplanist. since the int- ; ter gave his recent exhibitions In this country, expires today. The ma- , chines will become the property of Uncle Sam If some one docs not come forward and pay the duty or have the machines exported. . j badly Is not known. The fireman TAGGART LOSES IN and head brakeman jumped and are PRELM INARY RATTLE , reported to be safe. The accident was Indianapolis, April Dffilte the ' caused by high water In the river strcuiioiiN opposition of Taggart, the which washed out a Ml at the bridge Marshall plan was .carried on the ' approach and five bents pf the bridge floor of the democratic convention. A itself. Several cars of valuable bond big fiht Is now cxnccted over the I ed merchandise are standing on the naming of n candidate for.tlio senate, fill, which is rapidly being eaten away Tnggnrt himself Is tlit. avowed enndi- j mid there is danger of their going Into date. I tne river at any moment. Wreckers Tlio platform adopted favors the and work trains are being rushed to income tax, condemns ship snltsidy. ! the scene. denounces Indiscriminate use of the I Injunction anil endorses conservation. I ' y. jf p Campaign. j Toronto, Ont", April 28. With a Kern Nominated. view of raising $600,000 for the erec- Indlnnnpolis. . April 28. .John W. j tion of four modern Young Men's Kern was nominated for the Fnited Christian association buildings in To Stales senate late today. j ronto, a spirited collection campaign was commenced today and will con- Minto-Ingersoll Wedding. tmue to May 16-. Several hundred New York April 28. Miss Anita young men are engaged in the work Ingcrsoll. daughter of Mrs. Robert , and they confidently expect to secure Taylor Varnum, and Roger Mlnton, the large amount before tbe expira were married today and win sail , lion of the time limit set for the cam shortly for Europe. i palgn. Ill POPULATION Several hundred residents of Pen dleton have not yet been enumerated according to reports that have reach ed the office of the East Oregonlan. A there are only two remaining days In wheh to complete the work it is evident that Pendleton will not be given the showing to which she Is en titled unless soinoone takes Interest c nought to sec that a systematic movement Is started to get everyone counted. According to reports, some parts of the city have been missed entirely and in those which huve been visited It Is said that little or no effort has been mado to list those who were tempor arily away from home. It now seems that the only way for a complete cen sus to be secured Is for every citizen In each block who haa the. wellfare of Pendleton at heart to make it a point to see that all other residents of that block have been counted. IN BELGIUM Roosevelt is Given Tumultuous Reception When He Lands in Brussels. IS GUEST OF KIXG ALBERT DURING DAY and His I'anilly Entertained by King at His Country Palace Whole Family Guests nt State Dinner Paiisinns Give Colonel Great Send off and Teddy Returns Thanks. parting message as the train pulled out. FREIGHT PLUNGES INTO YAKIMA RIVER Eilensburg. Wash. April 29. A Milwaukee locomotive and five freight ears loaded with luniricr plunged into the Yakima river at the second steel bridge east of Nelson station, forty mile north r here today.- Engineer Kuff of Seattle, was injured, but how OF PENDLETON? If there la anyone who has not al ready been enumerated they should hunt up the census enumerator or call up the secretary of the Commercial association. Those people who are not now get ting excited because they have not been counted or because their neigh bors are being missed, will be excited I enough when they discover that In ; stead of a population of five or six j thousand the official census returns I will how a population of less than j 4 000. yet that Is exactly what will I happen unless every patriotic cltlten does his or her part. , Employers and rooming house keepers are especially urged to take the census of their establishments. In j formation concerning those who are temporarily absent from the city Is especially desired. Also those who have gone elsewhere seeking work or who are temporarily absent from the city. "PROSECUTION" REBUFFED Balllnger Investigating Committee Refuses Important Demand. Washington, April 28. The Bal llngcr Investigating committee today rebuffed Attorney Brandels, repre senting Louis Glavls, when it refused to allow him to demand that Attorney General Wickersham be called upon to produce the documents showing the exact date his famous summary' was prepared. These papers were pre pared by Wickersham at the request of President Taft and formed the ba sis of the president's letter exonerat ing Rallinger. The date of the sum mary is deemed important by the "prosecution" which seeks to show that Wickersham prepared the sum mary after the president's letter has been written. Attorney Vertrees for Ballinger said today Tie expected the end of the hearing next week. Bal linger may be called to tne stand next Saturday. HIGHLAND MINES ARE READY TO SHIP ORE Baker City, Ore. Favorable reports come from Rock creek, west of Ba Wer City, where the Highland gold Mines company has employed all win ter frortf"28 to 35 men doing develop ment work and blocking out ore. At the present time 30 men are em ployed, and about June 1 the man agement expects to Increase the force to 50 men. Over 3000 sacks of shipping ore is ready to go out and shipping will com mence about May 1 or as soon as the roads will admit hauling. The Highland seems to be one mine under practical management and ore reserves are to be had before large sums of money are invested In mill and reduction plant. JUDGE BRINGS HYDE DEFENSE TO TIME SAYS METHODS EMPLOYED ARE ALMOST CRIMINAL Judge Latshaw Replies to Objection With Startling Vigor Says There Will Rc Wide latitude in Admission of Testimony Hyde Spends Night in Jail. Kansas City. April 29. "It has been the practice of the attorneys for the defense to do things almost criminal In this case," said Judge Latshaw to day in overruling the objection of Dr. Hyde's lawyer to the permission grant ed to Druggist Beckleln to allow Jur- Lors to smell the capsules containing cyanide of potassium. "Notes of the grand jury proceedings have been ifcund in your possession. You have no cause for complaint of the meth j ods employed in this trial. There will be a wide latitude In the admls- i sion of evidence." Hyde's perpetual smile Is missing today after he had spent the night in jail because of the revocation of his bonds last night. Tom Swope testi fied that on the night of December 1 F he saw Dr. Hyde, while near the Swope home, drop something and step on it. After Hyde had gone the witness picked up the object which proved to be a pill box containing two capsules. He said the odor of the cap- i sules was similar to the cyanide potas j sium produced in evidence by Drug gist Brecklein. LEBANON WILL BCILD $10,000 CITY n.LL Lebanon, Ore. Lebanon is to have a new city hall. Plans have practic ally been accepted by the city council, the building to cost between $10,000 and $12,000. The building will b 60x90 feet, of cement up to the first windows, and from there up of brick, with a pressed brick front. The lower floor will be divided in to an office for the marshal, three cells for prisoners, a firemen's room, and a room for the fire aparatus. The second floor will be an assembly hall, council chambers and office for the city recorder. HELIX WINS GAME FROM ADAMS TEAM (Special Correspondence.) Helix, Ore., April 27. Last Sundy a big ball game here between Adams and Helix resulted In a victory for Helix by the score of ten to eight The feature of the game was a home run hit by Roy Blake of Helix, which brought In four runs. The batteries were as follows: For Helix. Morrison and .Milton; for Adams, Wallan and Owen. Next Sunday a game will be played here between Holdman and the local team. Mcn Die Watsonville. in Vinegar Tank. Calif., April 28. Au- gust Groenfleld suffocated last .nd Roy Phillips were night In a vinegar tank. Phillips the purpose of feld attempted ventered the tank for cleaning It and Groen to rescue Ph ilips. The d dead In each other's men were foun arms "Democrats are very happy." says the Oregonlan. Yea, they have notic ed that there Is to be republican assembly. PLAN TO CARVE OLD UMATILLA Movement Started in Milton and Freewahr for Division of County, PROPOSE TO CUT OFF NORTHEASTERN SECTIOTT Citizen of FreowaMcr and Milton Pre paring Initiative Rill to Divide Umatilla County In Two Weetoa and Athena Would be Included la New County Would Name it "Or chard" or "Williunis" Petition Start Monday. If too much opposition in the part of those most interested does not de velop, the proposition of dividing Umatilla county will be submitted to a vote of the people at the general election in November, according to Attorney J. P. Neal of Freewater. Neal was In Pendleton yesterday wor the purpose' of securing data which the promoters of the enterprise think will be of assistance to them in the work of securing signatures to the .pe tition. According to Mr. Neal not more than 20 men have thus far Interested themselves in the proposition to cre ate a new county, but he is very opti mistic regarding the outcome of Uta movement. He says the county, if se cured, will either be named "Orch ard" as an advertisement for its fruit industry, or "Williams" In honor of George H. Williams who died recent ly at his home in Portland. By using the name of Williams they . would hope to secure the signatures of Port land residents to the initiative petition and their votes when it is finally plac ed before the people. Only Four Towns Included. The proposed new coonty would only include four towns. These are Milton, Freewater, Weston and Athe na. The only place where the move ment has so far met with any favor is in the Milton and Freewater coun try. Six railroad flag stations are al so included. These are Vansycle, Stanton. Klllian Junction, Hillsdale, Grand View and Watterman. The boundary line of the proposed county would start at that point on the state line between Oregon and Washington where the line between townships 32 and 33 intersects. It would extend south along this range line 10 miles, more or less to a line running east and west between town ships 4 and 5, thence east six miles to the range line between S3 and 84, thence south along said line five milea to the southwest corner of section 39, township 4. north of range 34; thence east six miles to a rough line between ranges 34 and 36, thence south 4 mllea to the southwest corner of section IS, township 3, north range 35, thence east, following section lines for 11 miles, more or less, to the center of the channel of the Umatilla river, thence In an easterly direction follow ing the center of the channel of the Umatilla and the North Fork thereof to the county line between Umatilla and Union counties, thence along said line to state line between Oregon and Washington; thence west along said state line 38 miles to place of begin ning. Would Have 8,000 Population. According to the promoters the pro posed new county will contain approx imately 650 square miles or 259 square miles more than enough to comply with the aiate law. The pop ulation is estimated at 8,000 while the required population is but 1200. Those who have Interested them selves in the proposition are a very , few residents of the far east end and they hope to secure Freewater or Mil ton for the county seat. They pro pose to make Milton the temporary county seat and' at the end of two years they would have the question submitted to the voters of the county. In order to secure the support of Athena people they are promising that Athena would be put in the running for a permanent county seat, though there is little likelihood that that town would stand a show to be se lected should the movement to create the new county succeed. Few Taxpayers In Sfovemcnt. N. A. Davis, J. H. Hall and Henry Frailer have been named as a super- (Continued on Pntre F gl ? HOWLING NEGROES GREET JOHNSON. Los Angeles, April 28 Five hundred howling, cheering ne- gfroes greeted Jack Johnson to- day when he stepped from the Chicago train. Johnson, who ap- peared fat. will go four rounds at Vernon Pavilion Jonlght with his sparing partner. He expects to leave for San Francisco Sat- urday to begin training soon after May 1.