EVENING EDITION
EVENING EDITION
WEATHER REPORT
Calling card, wed
fltng stationery, com
mercial stationery and
Job printing to order
at the East Oregonlan.
Fair tonight with light
frost; Tuesday fair
and warmer.
COUNTY OFFICIAL PAPER.
CITY OFFICIAL PAPER,
VOL. 23.
PENDLETON, OBEGON, MONDAY, MAY 16. 1910.
NO 6903
- ' .. I -
NC
ID
HIS LITRE AX
Secretary of Interior Cuts Off
Official Head of Depart
mental Stenographer. '
FREDERICK KERRY UNWORTHY
TO REMAIN IN SERVICE
Stenographer Who Published State
ment Concerning the Preparation of
the Lawlor Data, la Dismissed From
Service Testimony he Gave Was
Most Important President Taft
Issues Letter Explaining Ills Course.
Washington, D. C, May 16. Fred
erick M. Kerby, stenographer of the
Interior department, was dismissed
from the government service today by
a special delivery letter signed by
Secretary Ballinger. It stated he was
dismissed because he was "unworthy
to remain In the service."
The dismissal of Kerby is another
sensation in the development of the
Ballinger case In the last three days.
Saturday Kerby made public a state.
. ment In which he told of the prepar
ation of the Lawlor memorandum in
Balllnger's ' office. Following this
Wlckereham sent a copy of the mem
orandum which previously could not
be found and the president then ex
plained the order to Lawlor to frame
a letter and write "as if he were presi
dent." The prosecution in the Bal
linger investigation Is trying to figure
out why. the memorandum could not
be produced despite the numerous spe
cific requests, until aftei the publi
cation of Kerby's statement .They
want to know whether the discovery
of Lawlor's memorandum was Influ
enced by Kerby's statements. , '
"My dismissal was not unexpected"
aaid . Kerby. Naturally I didn't care
to continue work in the department
under existing conditions. I am will
ing to leave Balllnger's charges to
public opinion as to. whether I acted
treacherously or patriotically, and it
la for the public to decide. I am su.-a
the verdict would be In my favor. I
consider Taffs letter to Chairman
Nelson a substantiation of my story
In every particular."
N. Y. Papers Criticise Taft.
New York, May 16. When Presi
dent Taft was on the bench, he didn't
allow his subordinates or litigants to
prepare tentative opinions for him,"
declared the New York World in an
editorial today, commenting on Taft's
letter of explanation regarding the
latest sensation In the Ballinger In
vestigation. "He did not allow law
yers to antedate his briefs to meet the
claims of opposing counsel. He heard
the arguments, read the decisions and
decided the cases for himself. The
public rightfully assumed this was the
way Taft acted In the Ballinger case,
weighing the evidence and was not
Influenced by anything but the cold,
' remorseless facts.
The country can no longer believe
this was Taft's attitude. In allowing
Attorney General Wlckershara to tam
per with the date of his summary,
and Assistant Attorney 'General Law
ler te prepare memorandum to help
In framing his decision, Taft divested
himself of the function of a Judge and
must now be Included among the at
torneys for the defense. . The New
York Press said : "We think the pub
lic will be forced to the conclusion
that the president meant to do right
but was misled by the secretary of the
Interior, the attorney general and
others." It concluded by saying It be
lieved the administration would be
benefited by the "separation from it
of Secretary Ballinger."
WaUcrson Says "Pulty." .
Loulsvllle( Ky., May 16. In the
Courier-Journal today Henry Watter
son declared that President Taft was
as putty in the hands of his advisers.
"Kerby's story dovetails so nicely with
' the documentary evidence It Is dlffl
. cult to doubt its truth." Watterson.
further declared the machinery to
whitewash Ballinger was started last
fall, -but Is Unequal to the task, with
an investigation.
THEY WON'T BE HAPPY '
UNTIL THEY GET IT
Washington,' May H. An appeal
for Philippine Independence was filed
In the house of representatives today
'by Manuel Quezon, ' resident commis
sioner for the Islands. It is said the
Filipinos appreciated what this coun
try had done for the Island but could
not be happy until Independent.
TERRIFIC SANDSTORM
DOES GREAT DAMAGE
Bakerfield, Cal., May 16. A ter
rific sand storm this afternoon Is
sweeping this section. Ten thousand
dollars worth of damage haa been
done, already. Many merchants
closed their stores and are sealing
their doors and windows to prevent
the spoiling of their goods. Numer
ous oil derricks have been blown
down.
WILL EARTH PASS THROUGH
TAIL OF HALLEY'S COMET?
New York, N. Y., May 16. Halley's
comet will cross the disk of the sun
Wednesday. Astronomers disagree on
the question as to whether the tall
will extend through space far enough
to enwrap the earth. Calculations by
Semmrlgg, of Austria, Indicate the
tail Is twenty million miles long. If
his figures' are correct, the earth will
only be IS, 000,000 miles away, and so
will pass through the tall. The tall
is supposed to be extremely tenuous
and gaseous, but most scientists
agree that it doesn't contain any me
teors. There is no probability that
there will be any sensible affect on the
earth's atmosphere. It is likely there
will be an. aurora.
MILLION DOLLAR MONKEY
DIES FROM SUFFOCATION
Seattle, Wn., May 16. The cele
brated educated Monkey Charles I.
valued at a million dollars owing to
the fact that he earned $52,000 year
ly, suffocated In a baggage car en
route to Portland today. At three
o'clock the keeper left him to get a
sleep, and when he returned the
monkey was dead. It Is believed a
steam pipe bursted nearby was re
sponsible. The monkey was playing
on the Orphcum circuit.
GETS SIX YEARS
EMBEZZLING CASHIER IS
SENTENCED TO PRISON
Judge Gantenboln Pronounces Sen
Itenoe Defense Will Ask for New
Trial on Grounds That Juror Bar
ton Was not Qualified to Judge.
Portland, Ore., May 16. W. Cooper
Morris, formerly cashier of the Oregon
Trust and Savings bank of this city,
was today sentenced to 6 years in pris
on following his conviction for the
embezzling of $75,000 in notes from
'the bank. Judge Gantenbein of the
circuit court pronounced the sentenoe.
'The defendant will ask for a new trial
Ion the grounds that Juror Barton's
mind was in no condition for a de
Icislon after Howard Guilford had
confessed he had attempted to bribe
him. Another ground for a new trial
will be that the Judge erred in giving
Barton private Instructions after Bar
ton had reported Guilford's attempt.
GERMANY FORCED TO
REMAIN IN WAR TRIM
Reiiin. That Germany will In the
near future take steps to secure a
large expansion of the naval program
receives striking corroboration In the
Weserzeitung, an Influential newspa
per published In Bremen. The Jour
nal says:
"The tremendous efforts which
France Is making to enlarge her fleet
of submarines, and the colossal exer
tions of Great Britain to construct
her Dreadnoughts, show that cessation
in the extension of Germany arma
ments will be Impossible.
"If the British and French govern
ments force the pace In ship-building
as at present, the German admiralty
will have no choice but to take such
measures as are necessary to- provide
an adequate protection against such
gigantic fleets.
"After having made inquiries In of
ficial quarters,- we consider it by no
means Improbable that after the ful
fillment of the provisions of the navy
act of 1909, the imperial German gov
ernment will be obliged to put for
ward legislative proposals for a more
extended and more powerful coast de
fense. "
MWhether this necessary coast de
fense will be secured by the enlarge
ment of our flotilla of submarines, or
by -the building of substitutes for bat
tleships which are becoming obsolete,
or by. the creation of a squadron of
auxiliary airships Is still open to
question."
The "Weserzeitung," which Is a rad
ical organ, adds the following edito
rial comment; "This prospect of an
other acceleration In the rate of na
val shipbuilding can only be describ
ed as terrible."
WIFE PAYS RANSOM
TO BRIGAND'S BAND
St Peteraberg. M. Kosbeleff, a
wealthy merchant of the Caucasus
district, has had an experience that
rarely happens outside the covers of
a "Wild West" romance.
Recently he was taken' prisoner by
brigands, who demanded for his re
lease a ransom of $9000. The money
was paid by the merchant's wife In
600 trouble notes, the numbers of
which she had previously taken. '
A few days after his liberation,
Kosbeleff was playing at his club with
the local chief of police, when he was
nBtontshed to see his opponent pay his
losses with some of the Identical notes
given for the merchant's ransom. The
suspected dealings between the police
and the brigands are now the subject
of an official Inquiry.
"Bring Hill to Medford," says the
Medford Mall. But Hill Is not to be
brought except on his own volition.
I. R. ARRIVES
IN ENGLAND
Roosevelt and Party Arrive in
Land Where Sorrow Pre
vails. GREAT AMERICAN LOOKS
UPON DEAD POTENTATE
Royal Carriage Meets Roosevelt Par
ty and Conveys Tliein to Home of
American Ambassador Papers
Praise Teddy Instead of Audience
With Edward as Originally Planned
Roosevelt Goes to View Remains-of
Dead King George Meets Visitor.
London, May 16. The Roosevelt
party arrived here today and was met
at Victoria station by. municipal and
official representatives of the British
government. The king sent the royil
carriage to convey the Roosevelt to
Dorchester house, the home of Am
bassador Reld. .The morning papers
print columns of praise for the Am
erican. When official courtesies were
exchanged, Roosevelt proceeded to
Buckingham castle where he viewed
the remains of Edward. He then
went to Marlborough house, where
Ambassador Reid presented him to
the king. The meeting was simple,
brief-and cordial. George expressed
pleasure at Roosevelt's appointment as
a special representative of the United
States to the funeral which occurs to
morrow. Funeral Tomorrow.
London, May 16. Troops are pour
ing Into London today for service at
the funeral of Edward when troops
will line the street through which the
royal cortege passes. It will be one
of the most magnificent pageants ever
witnessed In England. A host of roy
al personages of Europe will follow
the casket. It Is estimated that half
a million dollars will be paid for seats
along the line of march, rich Ameri
cans being partly responsible for the
high prices of seats. One American
paid $5000 for the storeroom of a
small merchant and others paid like
prices for advantageously located po
sitions. DISCOVERS PLAN TO
DYNAMITING 120 CinNESE
Vancouver, B. C, May 16. Author
ities are investigating today the plan
to dynamite 120 Chinese immigrants,
which was prevented by the discovery
of dynamite hidden In stoves by the
agent for the Canadian Pacific. The
Chinese were in the cars ready to
start on their Journey across to Winni
peg, after landing from an oriental
linen. One. cook of a gang of sixty
started to make a fire when the
agent found a stick of dynamite Jn the
stove. He searched the other car
and found another stick.
CONVICTED MURDERER
WOULD CHEAT GALLOWS
San Quentin Prison, California. May
16. It Is reported today that Ernest
Wirth, the convicted murderer who
attempted to hang himself In his cell
yesterday will recover. Wirth made
strips from a pillow, kicked the chair
from under him, but his cellmate, D.
Treschenke .held his body, up until
the guards arrived. Wirth was sen
tenced to hang June 14 for the mur
der of his wife fn Los Angeles.
Supreme Court to Adjourn.
Washington, May 16. The United
States supreme court .has announced
that it will hear no arguments today
and will adjourn for the summer re
cess on May 31. Many Important
cases will havejo go over to the Oc
tober term. '
OE BETTERING
There is going to be some fine work
done Friday, May 20, towards getting
Olney cemetery into good condition
for the Memorial day exercises. Coun
cilman Dyer, chairman of. the ceme
tery committee, has instituted a move
to get scores of local people at the
cemetery on the afternoon of that day
to assist In the work of cleaning the
cemetery. In order to secure volun
teer workers for the occasion the
stores have been asked to close up
between noon and 4 o'clock In the
afternoon. The following have agreed
to do this. Central meat market, Ly
man's meat market, the Clark Grocery
company, the Ingram grocery, the
Standard Grocery, the East End gro
MERCHANTS II III WORK
JURY FINDS
HIDE GUILTY
Verdict forMurder in First
Degree Returned Against
Physician,
IS SENTENCED TO
LIFE IMPRISONMENT
Jury After Being Out Since Friday
Finds Accused Guilty of Murder of
Col. Thomas Swope Hyde is Un
moved and Seeks to Comfort Hys
terical Wife Attorneys Will Ask
for New Trial on 'Appeal Case
Judge ExpresHC Sorrow for Mrs.
Hyde.
. Kansas City, May 16. Dr. Hyde
was today convicted of murder in the
first degree, and sentenced to life
imprisonment for the murder of Col.
Thomas Swope, the Kansas City mil
lionaire, whom it Is alleged he pois
oned for the purpose of inheriting
the Swope millions. The Jury had
been out since Friday evening and for
a time it appeared that a verdict
would not be found and that the
Judge would have to declare a mis
trial. . .
A great crowd was present when
the verdict was returned. Mrs. Hyde
and her husband's sisters were with
Hyde, who was apparently unmoved
when the verdict, was read. Mrs.
Hyde burst into wild tears, and was
lead from the court room. Afterward
Hyde was taken into an anteroom
guarded by deputies, and there at
tempted to console his wife. His sis
ters also wept. Hyde was remanded
without bail. Formal sentence will
be pronounced probably ont Thursday
and the attorneys will then move for
a new trial and if denied that will
appeal.
Judge Latshaw said: "I am awfully
sorry for the little woman," referring
to Mrs. Hyde. "I will give the at
torneys the full limit time in asking
for a new trial and preparing an ap
peal." Dr. Hyde was Convicted on the In
dictment charging him with the mur
der, of Thomas Swope, and there are
ten other Indictments, one charging
him with the murder of Chrisman
Swope, the colonel's nephew, who
died of typhoid fever and one charg
ing him with manslaughter of Colonel
Moss Hunton, whom It is alleged Hyde
bled to death.
The eight others charged Hyde
with attempting to innoculate other
members of the Swope family with
typhoid fever germs.
NATIONAL STRIKE LEADER
TO HELP SPOKANE COOKS
Spokane, May 16. The cooks and
waiters' strike assumed a new phase
today when it was said the national
headquarters of allied unions had tak
en official action to send a repre
sentative to take personal , charge of
the strike. Thirty hotels and res
taurants have signed the new scale,
while 30 members of the Hotel and
Restaurant Protective associations
which Is the backbone of the oppo
sition, has announced their Intention
of staying with the fight.
SENATE DEFEATS CUMMINS
AMENDMENT 37 TO 28
Washington, May 16. The amend
ment of Senator Cummins to strike
out the court of commerce section
from the administration's railroad bill
was defeated, 37 to 28, In the senate
today.
Church of Christ.
Anderson, Ind., May 16. Delegates
from nearly 1000 churches, with 150,
000 members, are here today at the
opening of the annual state conven
tion of the Missionary Society of the
Church of Christ In Indiana.
OLNEY CEMETERY
cery, the Peoples Warehouse, the
Alexander department store, the
Livengood store, the Wohlenberg de-
partment store, the Boston store, the
( Wonder store, John Baker, Ralph
. Fotsom, W. R. Graham First Nation
' at bank, W. J. Clark & Co. La Dow
t & Peterson, Taylor hardware com
pany. All those who are willing to assist
( In Improving the cemetery are asked
to meet at the city hall at 8 o'clock
Friday. At that place rigs and autos
j will be waiting to take the workers
to the cemetery. Anyone having an
' auto or a rig that may be used In
( handling the crowd are asked to be
at the city hall at th,e above-named
' hour.
LA GRANDE SUGAR COMPANY
FORCED TO REFUND MONEY
' Portland, Ore., May 16. The Am
algamated Sugar company of La
Grande, Oregon, will have to pay the
United States bank of Portland, $4,
000 as a result Of a decision of Judge
Bean in the United States court to
day. About the time of the failure
of the Farmers' and Traders' bank of
La Grande, for the alleged shortage
of which Scrlber Is on trial here, the
Sugar company drew a check against
itself for deposits In the La Grande
bank in favor of the First National of
Ogden. This it sent to the Portland
bank for collection, the La Grande
failed the company stopped payment
and the Portland Institution sued and
recovered.
MISTAKES BOY FOR FOOTPAD
' AND SHOOTS HIM DEAD
Oakland, Calif., May 16. Leslie
Herbert, aged 19, was mistaken for
a footpad and probably fatally shot
today by a stranger. Herbert had lost
his hat, and Jumped from his buggy
to get It when a stranger drew a re
volver and shot point blank. The
bullet entered his body. . The stranger
said "thought you were a footpad."
and then fled.
SUER.S ISLAND
T
EARNHART REGAINS
POSSESSION FOR AWHIbE
Another Chapter in Controversy Writ
tenJudge Wolverton's Injunction
Reversed in San Francisco Court of
Appeals.
Another chapter has been written
In the controversy for possession of
Switzler's island in the Columbia riv
er, northwest of Pendleton. It will
be remembered that In March, 1909,
F. E. Earnhart "Jumped" the Island
which had been in possession of J.
B. Switzler for 20 years and took
armed possession. He alleged that it
had never been legally obtained by
Switzler and was unsurveyed govern
ment land.
Switzler brought suit to obtain pos
session and secured an injunction from
Federal Judge Wolverton, which put
Earnhart off the land and . gave
Switzler possession. Earnhart,
through his attorney, D. W. Bailey,
appealed to the United States circuit
court of appeals at San Francisco and
hiecured a reversal of the degree. The
San Francisco court held that Wol
verton's court had no Jurisdiction, so
the decree was reversed and the case
remanded with Instructions for Judge
Wolverton to dismiss. This gives
possession to Earnhart, at least tem
porarily. The island contains SO acres of land,
much of which Is valuable for the pro
duction of alfalfa.
Severe Quakes in California.
Los Angeles, May 16. Reports to
day from southern California indicate
that yesterday's earthquakes were the
most severe in years. Most damage
was done in Pasadena, where several
walls were cracked and In other
places, San Bernardino, Riverside, and
Santa Ana, a number of chimneys
fell.
Rebellious Indians Quelled.
Santa Fee, May 16. Leaders of the
revolted Taos Indians were arrested
today and their followers returned
to the reservation." The state militia
was recalled and an order for the
United States troops to take the field
from Fort WIngate rescinded. Civil
authorities now control the scltuation.
SAXOXY LEADS WORLD
IN MINES OF RADIUM
Berlin. Saxony is wonderfully rich
in radium, according to an official
report issued by the government, af
ter a comprehensive search through
out the kingdom.
Specimens of water for testing were
taken from 4 84 different sources, In
cluding mines, springs. brooks and
ponds, and 84 of these showed radio
activity. Twelve were classed as
strongly radio-active, some being
much stronger than the well-known
Brabenack spring at . Gasteln and
Buettquelle in Baden..
The government report adds that
besides water, stones, ores, sand, mud
and air taken from different parts of
Saxony are being tested to find rami
um. The government proposes to cre
ate a state monopoly of all pitch
blends (in which pure radium is
found) discovered in privately owned
mines.
OFFICER FORGETS
BOMBS ARE LOADED
St. Petersburg. A policeman of
Ekaterlnoslav Is doing a four months'
fast, with prayer by order of the
church, for a piece of fatal forgetful
nesa. In connection with a bomb case the
policeman took two bombs to a local
blacksmith's shop to be opened. But
he omitted to warn the smith that the
bombs were filled with explosives.
This lapse resulted in the death of
the smith and his assistant
ARE DECIDING
WATER
T
State Water Commissioners
Meet in Echo to Adjust
Disputes.
MANYLOCAL ATTORNEYS
PRESENT AT HEARING
State Board Meet for Adjudication of
Water Rights Along Umatilla River
Settlement May Require Years-
Hearing to be neld in This City
Thursday Movement to Settle Dis
putes Will be State Wide in its Ef
fects. .
Litigation having for its object the
adjudication of all the water rights
along the Umatilla river and which
will probably require several months,
if not years, to complete, was started
at Echo this morning. The original
hearing Is taking place before State
Engineer John H. Lewis of Salem and
F. M. Saxton, of Baker City, who is
the eastern Oregon member- of the
state board of water commissioners.
A large number of Pendleton attorneys
went down this morning to attend the
hearing which will probably contin
ue over until tomorrow or next day.
Thursday a similar hearing is sched
uled to be held In this city.
Commissioner Saxton came over
from Baker City last evening and went
on to Echo early this morning. Am
ong those going down from here this
morning on the local were Col. J.
HrjRaley, Judge James A. Fee, At
torney Frederick Stelwer, Attorney
Harrison Allen of Portland, W. H.
Daughtrey of Portland, Will Moore,
Judge H. J. Bean and Judge S. A.
Lowell. Attorney Oliver P. Morton
of Portland and Attorney Edward 8.
Taylor of Hermiston are also there to
represent the government
The Echo . hearing- and the one
which Is to follow In this city next
Thursday are the first steps in the
movement to settle once 'and for all
the question of water rights in the
state of Oregon. The Umatilla river
has been selected as the place of be-
ginning by reason of the demand for
an immediate adjudication. More wa.
ter has already been appropriated
than flows down the stream during
the irrigating season and it is abso
lutely necessary that some adjust
ment be reached as soon as possible.
By the present arrangement every
man using water from the river will
be compelled to appear before the
commission either in person or by at
torney at the Echo or Pendleton meet
ing. He will then be compelled to
make affidavit showing when he first
began taking water from the stream,
giving the dimensions of the ditch.
the number of acres Irrigated and the
amount of water he uses and needs.
If there is no objection to this claim
on the part of otheV users, the claim
will be allowed and the claimant will
be given the proper -papers making
his rights permanent and showing the
amount of water to which he Is en
titled. In case any mans claims are dis
puted by any other, and there Is every
promise that scores of them will be
contested, the disputants will be giv
en a hearing before the commission.
In case this ' decision Is not favor
able to both sides an appeal will be
taken to the circuit court and will
then be appealed to the state supreme
court whose decision will be final.
Papers will then be Issued as in the
former case. .
After the rights have all been ad
judicated It will then be an easy
matter for the water masters to make
an investigation and see that each
man is taking no more water than
he Is entitled to. .
It Is estimated that there are ap
proximately 400 users of water along
the Umatilla river and Its tributary
streams of McKay, Birch and Butter ,
cieeks, so that the task before the
water commission is a gigantic one.
Settlers under the various reclama
tion projects will be represented by
the project owners.
ARIY OFFICERS' DEBTS
ARE ALL TO BE PAID
Vienna. The question cf freeing
the officers of the Austro'-Hungarlan
army from the weight of their per
sonal debts, a matter which has long
engaged the attention of high mili
tary circles, has at last' been solved.
A fund, consisting of some millions of
kronen, .will be established and the
first draft upon It for the purpose In
dicated will be made on August 1$,
next, the eightieth birthday of the
Emperor Francis Joseph.
The capital sum, It Is understood,
will be $1,000,000 and the Interest on
this amount will be advanced to the
officers for the purpose of discharg
ing their obligations.
The assistance to the officers will
be dispersed with the utmost pru
dence. The highest sums granted will
be $600 to a lieutenant; $1000 , to a
first lieutenant and $1600 to a cap
tain. 4
5 !
i I
'. 1 .
t
1