EVENING EDITION
EVENING EDITIOK
'I
Calling ca.
din? gtatlcne J,
rr.ercial statlo
Job printing
at the East Oti
ei-m-id
r
WEATHER REPORT
Fair tonight and Hat
urday, warmer.
CITY OFFJCIALPA.o
COUNTY OFFICIAL PAPER
NO 6919
PENTDLKTON, OHE(iON, FRIDAY, JUNE .'J. MHO.
VOL. 23.
"i- J ,rj,'iil .iiil,I I.jilli S1J ULI L .1. fc-
T
GREAT SUIT
IS 1 ON
Government Takes Action
Against Southern Pacific to
Recover Millions,
CHAIKiE COMPANY WITTI
VIOLATING CONDITION'S
Case Involves (ironbi of 1M66 and 1870
Land Valued at $15,000,000 Cot
poration CIuIiiih It Had Patents to
Land and Could Sell It at Will
Grant Required Sale to Actual Set
tlers Only.
Portland, June 3. The governments
filing of a brief of a suit last night
against the Oregon and California rail
road, which la the Southern Pacific,
to !'t aside the grants of 1S68 and
1870 consisting of about 3 million 800
thousand acres of land valued at $45,
000.000 and to recover about three
million acres of unsold land Is the
principal subject of discussion In rail
road circles today. It Is the biggest
ult ever filed In Oregon and' will be
a bitter legal struggle. The govern
ment contends the railroad flagrantly
Violated the conditions of the grant
which was that the land be sold to
settlers In quantities not greater than
a quarter section each at a price not
exceeding $2.50 per acre. The com
pany admits much land was sold from
$25 to $100 an acre, hut contends the
land was Its own owing to the fact
patents had been Issued. The land lies
between Ashland and Portland.
AVIATORS COMMENT OX
ROM8 CHANNEL
TRIP
Paris, .Tune 3. Commenting on
Roll's world's record for his channel
trip, P.lerlnt, the first channel cross
er. said today the feat ws nothing
sensational. It was duo to the per
fect weather and a Rood motor.
Count DcLesscps. the aviator who
recently flew across the channel but
could not make the return trip wired
congratu'atlons to Captain Rolls, who
yesterday made the trip and returned
and established a world's record. He
said the success of Rolls leaves noth
ing In the way for channel aviation.
The next attempt will probably be
a flight from England to Germany
across the North sea. expect to see
this accomplished within a year."
FEDERAL AND STATE COURTS
CLASH IN HER1ST1 DISPUTE
I', s.
MARSHAL
FAILS TO ARRIVE.
A telephone message from
Hermlston this afternoon was
to tbe effect that the Deputy
United States marshal had fail
ed to arrive as per schedule so
Yates Is In full possession with
restraining order against New
ell and McGrath.
The clash between Fred A. Tates,
the Hermlston farmer, and the gov
ernment officials and employes last
Wednesday seems to have resolved
Itself Into a clash between state and
federal courts. Deputy Sheriff Joe
Plakely and Deputy United States
Marshal Clyde R. Nicholson, both ar
rived on the scene early this morning
from opposite directions. Each wag
armed with Injunction papers to
serve on the rival parties ao that both
aides are being temporarily restrain-!
ed.
It seems thnt Yates Is not the only
farmer who is Interested In prevent-i
Ing the government from opening up I
the oid Maxwell ditch. E. P. Dodd,
Ross Newport and five or six other
property holders are In the same boat
with Y'ates. ..All hail been assured by
government officials that the ditch
was abandoned beyond a certain point
and that they were at liberty to fill
It up, set out their orchards and plant
their alfalfa fields.
They all claim that the ditch Is
neither necessary to reclaim the land
nor to hold the old Maxwell com
pany's water right and that they will
therefore "fight to the last ditch" to
prevent having their farms torn up
by a useless ditch to satisfy the tech
nical whim of Rome reclamation ser
vice attorney. As Yates farm was the
first one encountered It fell upon him
to bear the brunt of the first on
slaught He waa being upheld by
the other farmera Interested, howev-
SHIPPERS PLAN LONG
WAR WITH RAILROADS
Chicago, June 3. Railroad nhip
pers are today completing plans for
a big struggle over the rate question.
Following the filing of the rate in
crcaxr by the roads yesterday, eastern
rind wcNtern shippers are preparing
measures to prevent the rateB from
going lot') effect. The leading com
neclal organizations of nineteen cities
met here Tuesday to decide whether
they will seek Injunctions or fight In
another wiiy. It Is considered likely
they will file complaints at Wash
ington. It is -reported many roads
are cancelling orders for Improve
ments and that they may drop many
employes. It Is said the Santa Fe is!
considering dropping 2000 men. the!
Chicago, Milwaukee & St. Paul 3000. j
It is believed a long fight Is imminent.
PRESIDENT TAFT EN IKlKi :s
good roads movement
Albany, Ore., June 3. President
Taft today placed himself on record
as a good roads advocate in a tele
gram from the white house to the
Oregon threshers' association In ses
sion here. He said he hoped their
work will result In good roads and In
making Oregon a model for other
states. It created tremendous -applause
when read. A. B. Fllne of
Shoals Ferry, was elected president,
John Minnlck of Union, vice-presi.
dent, Phil nates of Portland, secre
tary. President Taft's message read as
follows; "I sincerely hope your dis
cussion of ronds and your interest in
the subject will lead to a betterment
of conditions In this respect In your
state so that you may furnish a model
for other states In this matter of
prime Importance to farmers and
other members of this comunitv.
William H. Taft."
SENATE WANTS TO KNOW
EFFECT OF RATE ADVANCES
Washington, June 3. The senate
today adopted Burton's resolution in
structing the Interstate commerce
commission to report to the senate
all available information regarding
the proponed advance In rates, and al
so to furnish a hundred samples of
bow the leading commodities will I).'
affected by the Increase.
.IAP
IS ARRESTED
CHARGED WITH ANARCHY-
Tokio. June 3. Shusul Lotoku. n
writer is under arrest here, alleged
to be it leader of a band of anarchists
who are alleged to be plotting the
assassination of Marqulr. Katsura and
fthe cabinet members. Several
others. Including two women, were
arrested. It Is alleged they made
bombs for the purpose.
j er. and it was K. P. Dodd who fur-!
nfuli.4 tr,,i ..-til. . . . i
it was found that the hammer was '
l ot weapon enough to keep out the
j government's men. It Beems that
Foreman McGrath of the government
I forces had cut the wire fence on the
; Yates place despite the fact that
j Y'ates was tapping him on the knuck-
jles with a hammer throughout the
process.
It was then that Yates was sup-
plied with the double-barreled per
suader and In tbe face of that the
men refused to advance despite the
orders of the foreman. Engineer
Newell rode p at this juncture and
called off tho government forces.
Attorney Edward S. Taylor of the
reclamation service legal department
endeavored to have Yates arrested
but District Attorney Phelps advised
nun io gui restraining order, lie
lovii-ioie muii low muuer up wnn At
torney Oliver P. Morton In Portland.
He in turn called upon United States
District Attorney McCourt and an or
der was secured from the federal court
r.iRtrniniritr Vntea from InlArfArlnw nilll.
the government
in opening up the
lilch. The United States marshal
therefore arrived In Hermlston this
this ;
morning
to
serve the injunction on
Tates,
Hut Yates and tho other farmers
were not resting on their oars. Dodd
v,.,j ! '. ,!
o,.ll.-.. n r.lro!n;n fm,n u
state circuit court against the gov.
evening and before daylight this I
morning Deputy Sheriff Joe Blake'yl
was on the ground to restrain the
government's men.
The case Is therefore now In the
courts and will be fought out there,
Several months, probably years, will
be required to determine the result.
It seems that tho ditch Is not need
ed to reclaim the land, since the land
Is already under water, but it is fear
ed by the reclamation service legal
department that It will bo necessary
to have the ditch In operation In or
der to hold the old Maxwell water
right.
DISAPPOINTED OVI
:u price of
SHEEPMAN
(Special Correspondence.)
Heppncr, ore., June :i. Despondent over the low price of wool and
because, of other troubles, Percy H. Dennlson, a sheepman from near
Spray, Wheeler county, committed suicide here last evening. In the
barroorii of the Palace hotel he shot himself through the heart with
a revolver and died shortly afterwards. Dennlson leaves a wife and
five children. He came to Heppner to attend the wool sale several
days ago. He Is known to have been disappointed over financial re
versi f nnd over the unsatisfactory price of wool this season. Last
evening lie met with a friend upon the streets and told him good bye.
When asked where he was going he replied, "Follow me and see.'" He
tli'en went into the Palace bar and drawing a gun proceeded to shoot
himself. Seeing Dennlson's act Dee Madduek ami others attempted
to stop the rash deed but were unsuccessful. Dennlson had been
drinking while in town.
TIFT HITS AT
President Denounces News
papers and Magazines Mak
ing Unwarranted Criticisms
SAYS PROSPERITY
CANNOT RE PERMANENT
Taft Says Muckrakcrs An Outgrowth
of Laudable Move to Check Corpor
ate Greed Hut Others Have Taken
Advantage of Popular Suspicion to
Roast llone-t, Patriotic Officials.
Ada, Ohio, June 3. Sounding a
warning that the great prosperity of
the nation cannot go on at the present
rale, and denouncing the practices
of some attorneys who try to delay
justice, President Taft today address
ed the graduates of the Ohio Northern
I'niversity. He also denounced the
! mirk rak,ing magazines, saying their
! course of unfair criticism, if contin-
ued will make the next generation
pessimists. He ' denounced socialism,
saying it would be a tyrannical system
lot' distributing rewurds to the lazy,
inattentive and undeserving.
Iteferrlnir to the magazines, the
MUCK
; pi-, sident said In part: "I refer to that several weks.
class of newspapers and magazines j The proposed committee would be
. properlv criticized as muckrakers. ' required to report to the president not
which rely for circulation on vicious I later than November l, I9ll. a basis,
and unfounded attacks upon the hon-I f"r legislation to carry out a scheme
sty. the upright character, the pa-j of compensation for the injury or
. triotio methods of men in public life i death of workmen.
land those conspicuous in society.' If a report should be made by the
' Muckraking is an outgrowth of laud-, proposed commission in conformity
j ible and necessary attacks upon cor-' with statements made to the judiciary
I p orate greed which controlled politics. , committee, it is expected that legis
' It was necessary to have a house- lation of a radical character might
i cleaning in this regard and Roosevelt result.
i lead a movement that accomplished The Sabath bill was designed to
! much in clarifying business and poll- revolutionize the present laws on this
tical methods. After doing this Roose- subject and to make the compensu
' velt himself was foremost in a move- : t!on for injuries to workmen a defi
i i,cnt to denounce those taking advan- nlte and fixed charge against the bus
' tc.ge of popular suspicion to fill their, in, ss of the employer.
purses by unfolding attacks upon men : The report of the judiciary com-
in political affairs. I hope the muck- i mittee as presented by Mr. Moon,
! raking epoch has passed because the's lvs:
people see what It is. and refuse to j Kmploves today bear both the
I be Influenced, thus not contributing' - .... f
the pocket books of muckakers."
ARMY MAN MAY
SUCCEED Fl NEWELL
ALLEGED JOKER IX
NEW ARM Y
MEASURE
Rumored Taft Would Remove Pres
ent Director and Fill Post With
Army Engineer Newell Opisises
Army Engineers.
Washington. July 3. An alleged
j, ,(,,,. n the
army deficiency bill is
designed, so It is declared, to dis
place
Director Newell of the recla-
matlon service and give the position
to an army engineer. The alleged
J"h" 1M '," !";-" - .'
in
i ' no l-resmeni to oeu... an r,..y
' '"'vr ,n ""I""!.. ve, ,..,-,.l
struct'on worn. it is rumorco inn
has been considering removing New
ell and It is believed Taft will take
advantage of the provision to do so..
Newell said today he opposed my
engineers COIIIIUCIIOK
recla n tlon
work because they
are trained to
wnv ne is competent to aeai wun
the American farmer."
j THIRTY'-SEVEN ARRESTED
FOR RUILDING GRAFTS
i ,
Schnectady, N. Y., June 3. Thirty
seven indictments are on file today
involving 19 persons as a result of
an extraordinary session of the su
preme court called by Gov. Hughes to
Investigate alleged graft and corrup
tion In Schnectady county. The de
fendants Include supervisors, ex-su-
pervlsors, contractors and plumbers,
Seventeen were arested.
wool
KILLS HIMSELF AT HEI'PXER
1
LAW
House Judiciary Committee!
Starts Move lor Drastic:
Change in Law.
COMMITTEE TO REPORT i
TO PRESIDENT IN FALL
Present Move In Lino With Terms of
Sabbath Rill Which YVould Fix
Definite Damages for Injured Em
ployes Judiciary Committee Com
plains of Employers Reinjj Harrass
ttl by Damage Suits,
Washington, June 3 Action was ta
ken yesterday by the judiciary com
mittee of the house looking to the
appointment of the committee to
make a thorough investigation of the
subject of employers' liability and
w.n kingmen's compensation.
A resolution for the creation of such
a commission was reported by Rep
resentative Moon, republican of Penn
sylvania and is based on a bill intro
duced by Representative Sabath.
democrat of Illinois, which the com
mittee had under consideration for
(Continued on page 6.)
LOOSE BAG ORDER
WILL AID GROWERS
NEW DEAL MEANS
HIGHER WOOL PRICES
i "
Dan P. Sinytbe Estimates New Ruling
Will Mean Three Fourths Cent Per
Pound to Growers Pending Suit
Caused Order.
Woolgrowers of eastern Oregon will
profit to a considerable extent by the
recent "loose-bag" freight rate order
of the O. R. & N. according to local
sheepmen, it does not mean so much
to the growers in the Immediate vi
cinity of Pendleton for the reason
that the Northern Pacific had already
granted such a rate and the local
i lips were being sent out over that
line. The advantage will come to
tho--e sheepmen who are not tribu
tary to a Northern Pacific railroad
point.
Secretary Dan P. Smythe of the
Oregon Woo c, rowers' association
says it
about 3
will make a difference of
4 of a cent a pound to the
rnn-.ri u un-sun will uirrntiri? nmouni
to several thousand dollars.
The rate just granted is one for
which the growers and buyers have
been working for several years. It
was one thing upon which the two
were united. It was also the princi
pal contention In the state railroad
commission's suit against the O. R. A
N. which was Instituted by the com
mission several months ago at the In
stance of Commissioner West.
Growers believe that this suit and
the fact that the Northern Pacific
company had recently granted the
rate were the factors which Induced
the O. R. X. to come to time.
ran hot io
umist inns:
Washington, June 3 Attorney Gen- i
eral Wickersham declared today the
department of justice wont proceed
further against rate increase by rail
roads unless shippers file formal pro
tests against increases. He said the
department is willing to proceed if j
proper evidence is produced. This
announcement followed the filing of i
freight increases in all parts of the i
country. New tariffs filed with the j
Interstate commerce commission pro- j
vide for increases from 3 to 31 per.
cent and effect practically
shipping center in the country.
every j
XO MONEY TO FIOHT UNIONS.
Amendment to Sundry Civil Appro
priation Rill s Adopted by House I
Some Opposition. '
Washington, June 3. An amend- j
ment to the sundry civil appropriation j
bill adopted by the house today stipu.
lates that no rart of the $100,000 pro
vided In the bill for the enforcement
of the Sherman anti-trust law can be
used in the prosecution of labor or
ganizations. In offering the amendment. Mr.
Hughes of New Jersey was met by op
position of republicans, who declared
that except in the Cleveland adminis
tration labor organizations had never
been prosecuted under the Sherman
anti-trust law. Mr. Hughes retorted j
that because the present admlnlstra- I
tlon had not entered upon such a pros- j
ecution was no reason why It might
not do so.
Chairman Tawney of the appropria. j
lions committee, in cuarge ut uie uin,
resisted the amendment but received
little support from his colleagues. The
amendment was adopted by a vote of
SI to 52. indicating that 32 members
present failed to vote. The democrats
voted solidly for the amendment and
some republican "Insurgents" joined
them.
PROFESSOR OX YVTTXESS STAND
Says Rrend Made from Rleachod Flour
Does Not Digest As Readily ns
that From rnbleaehed.
Kansas City. June 3. J. H. Shep
ard. a professor in the chemistry de
partment of the South Dakota state
college, testified In the federal court
here today that bread made from
bleached flour was not as nutritious
as that made from unbleached. He
was the only witness during the day
in the "h'eached flour" case.
The professor said he had digested
the bread be used in making tests for
the case with a fluid composed of hy
drochloric acid and pepsin. Bread
made from unbleached flour digested
quicker than that made from bleach-,
ed flour, he said, and some of the
bleached flour bread never digested.
"The failure of a part of this bread,
to digest was due to the presence of
nitrogen peroxide." said the witness.
It is the government's contention
that nitrogen peroxide forms when
flour is bleached by the electrical
"aslop process."
IMPURE MILK CAUSES
DEATH OF CHILDREN
Spokane. June 3. Impure milk Is
blamed for the death of five babies
at the Crittenton rescue home within
a week. Fifteen others are sick. The
milk inspector says the cows had
either eaten poisonous weeds or adul
terants were placed in the milk Ar
rests may be made.
HUNDREDS LEFT
With Ideal weather conditions pre
vailing, one of the largest excursion
trains ever run out of Pendleton left
this city this morning for the big tri
celebratlon at Milton today. The
farmers' picnic. horse show and
strawberry festival all combined to
attract people from all parts of the
county by the hundreds. When the
train left the local depot a few min
utes after S o'clock It contained, by
actual count, just 250 men, women
and children.
While there were many business
men and city residents on the train by
far the greater number of excursion
ists were farmers. Whole families
came in from the country early this
morning or spent the night In town.
Father, mother and all the children,
in many instances numbering six or
eight, purchased tickets and made the
trip.
Three of the five conches compris
ing the train were filled when they
li ft Pendleton and other people were
picked up at Adams. Athena and Wes-t.-n
so that by the time Milton was
reached stnndlng room was at a pre-
: mlum. In addition the whole country
side In the vicinity of Milton turned
out. many came from Walla Walla
! and that district, with the result that
Milton Is today entertaining the larg-
' est crowd ever seen there or In any
other town in the east end of tbe
i county.
BY SPECIAL EXCURSION TRAIN
;n FACES
REVOLUTION
All Legations Warned of Im
pending Cirbreak Which
May Surpass Boxer War.
SAX FRANCISCO CHINESE
SEND REBELS ARMS
Revolutionists Have Prepared for
Mont lis For Uprising to Overthrow
Munchurian Dynasty and Open
China to Commerce Would Insti
tute Governmental Reforms It la
Asserted.
London, Eng., June 3. All lega
tions and consulates of China have.
been warned of an impending out -break
which is feared will surpass the
boxer uprising. Missionary societies
are asKing England to (intervene ana
gave the lives of whites in China. The
Chinese revolutionary leaders have
sent out warnings to .the effect they
will be powerless to protect foreigners
when the uprising starts. A secret
society throughout the empire known
as the "Triad" has been preparing for
months for an outbreak in hopes of
overthrowing the Manchurlan dynasty
opening China to commerce, and Insti
tuting governmental reforms.
San Francisco. Cal., June 3. It was
learned authoritatively today that the
local Chinese revolutionists have for
months been shipping arms and amu
nition to China on liners, mostly Jap.
anese boats, under the guise of dry
goods. It is understood the Chinese
consul will call upon the United State
to prevent local sympathizers from
aiding the rebels. The Chinese revo
lutionary society headquarters here
has branches In all coast cities. It la
declared that already enough guns
have been shipped to arm an army.
HOVSE LEADERS ARE
IN HURRY' TO AR.TOCRN
Washington, June 3. House lead-
! ers today are seeking to secure an
i .1 o ... ri 1. r I t. limit ilnhnli, on f
j ministration postal savings bank bill
' to five minutes. They are anxious
I to avoid as lengthy discussion of this
I measure as marked other Tariff bills.
(With the postal bill out of the way it
: is believed a speedy adjournment Is
possible. The leaders are anxious to
' leave Washington as congressional
elections are approaching.
SEVENTY TCRKS NOW
AWAIT SCMMXRY" EXECUTION
Constantinople. Turkey. June 3.
Summary ex-cutlon Is today awaiting
seventy leaders of the Albian revolt.
The leaders were arrested today in
Constantinople, Monastir and Salon
ika, by officers of the Young Turks'
regime. Other arrests are imminent.
TACOME MACHINISTS STRIKING
FOR EIGHT HOUR SCHEDULE
Tacoma. June 3. Between 200 and
300 machinists are striking today as
a result of the refusal of shop owners
to grant an eight hour-law at 45
cents an hour. The men demanded
this some time ago. Only a few shops
conceded.
FOR MILTON
While most of those going up on
the excursion train this morning will
return this evening about 8 o'clock In
the same manner, others will remain
over for the big dance which will
bring the festivities to a close.
The following are the names of a
few of those going up from this city:
James Furnish and family. Dr. W.
R. Campbell and wife. James Pevelin.
Bert Campbell. Ed Pupuls of Nolln,
Rose Cooley and wife. Miss Maud
Crawford. Lee Teutsch and wife. Miss
Grace Dorothy, Miss Daisy McPber
son. Mr. and Mrs. C. S. Terpenine. R.
Akers and family of McKay creek,
Henry Struve and wife. D. Turner.
Chris Preding and wife. C. Bred'ng
and wife. Mr. and Mrs. James Criw
ford. Mrs. C. L. Ponney. H P. Peters
and wife. C. H. Rosenberg and family.
C. S. Wheeler and wife. Fred Ray
mond and family. Mrs. J. A. Dona
ghue. Arthur O'Brien. Mrs. Charles
Wall. Rev. J. M Corn.lison and fam
ily, Louis Hodgens and family. Mr.
and Mrs. Louis x. Johnson. Roy Nell.
Lester Swaggart and family. Rev
John Reeves. B. Jensen. Paul Hmel
garn. William Chamberlain H. Wes
sel, G. W. Bradley, p. E. Finch. T. D
Taylor. Mrs L. a. Klnman. Mrs. Wnl.
ter Adams. Rev. James Dickson. J.
A. Creswell and family. Mr. and Mrs.
Geo. Robhins. Mrs. George Hamblen
Mr. and Mrs. Kenneth McRea. Court
C. Rnsor. Miss Ornco Elder and Ieon
Cohen.