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.