EVENING EDITION
EVENING EDITIOli
Calling cards, wed
ding stationery, com
mercial stationery and
Job printing to order
at the East Oregonian.
WEATHER. REPORT.
Fair tonight and Thurs
day. COUNTY OFFICIAL PAPER
CITY OFFICIAL PAPER.
VOL. 23.
PENDLETOK, OliEGON, "WEDXESDA W NOVEMBER 30, 19
NO 7072
1 '"'V--- it'
B BEEB MEN
FOUND GUILTY
Supreme Court Holds Umatil
la County Dealers Violated
Local Option Law,
TWENTY-XIXE DISPENSERS
GUILTY 11Y OXE DECISION
Fttinous Tct Case of State Versus
Thomas Murrell Decided by Su
preme Court Ten Men May Fuee
Jail Sentences Cases Grow Out of
Anuljsla of Xear Beer.
Twenty-nine dispensers of near beer
In Pendleton and other Umatilla coun
ty towns have been found guilty of
selling Intoxicating liquors In viola
tion of the local option law according
to a decision handed down yesterday
by the supreme court In he case of
the State of Oregon versus Thomas
Murrell. The case against Murrell
was taken for the test case and the
other 28 defendants risked their
chances on the outcome of the one
case.
Ten of these 31 men were up un
der two separate offenses, having
been Indicted in April and again in
September. Under the circumstances,
however, the court may not enterpret
the decision to mean that these ten
men have been found guilty of a sec
ond offense and must therefore be
sentenced to Jail. According to Dist
rict Attorney Phelps the court may
enterpret It either way so there Is a
possibility that these ten men have
a Jail sentence coming as well as a
fine.
Ten Are Unfortunate.
The unfortunate ten are Martin
Andereon. H. F. Peters, Paul Hemmel
garn, Harvey Taylor, William Hoch
and Antone Nolte, all of this city;
George Brlsbols and Pete Murray of
Athena; James Huggins and William
Harden.
The other men who are decided to
be guilty by yesterday's decision are
A. Schm-lter. Fred A. Gordon, William
Bogart, Antone Kraft, John Estes,
Henry Lutourclle, Mel Norman, M.
H. Gillette, Lou Bradburn, John
Bradburn, A. O. Longnecker, Pete
Tlllson, V. O. Kelley, Al Zlgman, Har
vey Taylor, James Doty, Frank CUne,
Herman Peters, J. X. Klein, and
Thomas Murrell.
These arc the famous near beer
coses and the Indictment of these men
followed the bringing to this city of a
chemist from the Oregon Agricultur
al college by District Attorney Phelps.
Samples of the liquor being sold as
"near beer" had been obtained from
every saloon In the county and the
tests made by the chemist disclosed
the fact that the samples were all in
toxicating. All Near Beer Men In County.
Every near beer dispenser in the
county was accordingly indicted by
the grand Jury. A few of them plead
ed guilty and were fined 160 and
costs each. The others decided to rest
their fate upon a test case. Col. J. H.
Raley having discovered what he
thought was a fatal defect In the lo
cal option law as it applied to this
county.
The facts were therefore stipulated
In the case. It being admitted -that the
stuff being sold as "near beer" con
tained more than the allowed percent
age of alcohol. The attorneys for the
saloon men, however, contended that
the local option law was defective for
the reason that the county clerk had
not made a valid order placing the
law in force In this county. The de
fendants waived a Jury trial and
Judge Bean held the order was valid,
that Murrell was therefore guilty and
fined them J 100 and costs. The case
was nppealed to the supreme court,
was argued on the first day of the re
cent term of the supreme court In this
city and the decision was rendered
yesterday, the opinion being written
by Justice Enkln. This decision af
firms the decision of the local court.
The defendants will now be com
pelled to appear before Judge Bean
and receive sentence. What that
sentence will be Is only a matter for
conjecture.
Other Decisions.
Other cases decided yesterday were:
A petition for a rendering In Keady
vs. United Railways was denied and
tho case of Daly vs. F. W. Benson,
contesting the payment of salary to
(CoatlatMd en
PORTUGUESE SOLDIERS
REBEL AGAINST REPUBLIC
Hong Kong, China., Nov. SO.
A number of soldiers and
sailors of the Portuguese garri
son at Macao are m " revolt
against the new Portuguese re
public, according to advices re
ceived here today. It Is report
ed they rioted and endangered
many lives. Macao Is a Portu
ffuse dependency south of Canton.
E
TO BE REPLACED
Pendleton people will not have to
uho the obnoxious telephone directo
ries now scattered about the city. It
was through a blunder that those di
rectories were distributed here, for
they were Intended for use In Walla
Walla. Within a few days the direc
tories will be called in and they will
be replaced with directories in which
the towns of Umatilla county will oc
cupy the first of the book.
This announcement was made the
East Oregonian this morning by F.
W.' Wells, new local manager for the
Pacific Telephone company, and he
made the-announcement upon the au
thority of C. P. Van Houtte, district
manager for the company. Just how
soon the new books will arrive Mr.
Wells does not know but he has the
Impression they will be here within a
few days.
CANADA Wnjj HAVE XAVY
FOR THE PACIFIC COAST
Ottawa, Canada, No. 30. Speak
ing on Canada's naval policy last
night. Sir Wilfred Laurler declared
the new Canadian navy will be de
signed entirely for a coast defense.
He said there was no fear of invasion
of eastern Canada and an invasion
only could be made by the United
States, Russia or Japan on the Pacific
coast, where the situation Is differ
ent. Therefore the naval defense will
be for the Pacific.
TAFT IS VRESTLIHG
WITH HIS MESSAGE
Washington, D. C, Nov. 30. Pres
ident Taft Is meeting with difficulties
In endeavoring to complete his an
nual message to congress. The presi
dent, It Is said, hoped to pass a num
ber of Important measures before the
democrats took control of the house,
but Cannon, Senator Hale and others
told him there Is no chance of suc
cess and probably only the appropriat
ion bills can be passed.
During his recent visit to Panama
Taft prepared a long program which
Included such measures as the ship
subsidy bill, covering the licensing of
corporations and th pensioning of su
perlnnuated government employes.
Now It Is believed the president won't
try to force these lengthy bills.
The president spent the day work
ing on his message. The cabinet
meeting was again postponed to al
low him further time.
PERSIAN AVAR THREATENED.
Turkey Will Defend Persia Against
England ami Russia.
Constantinople, Turkey, Nov. 30.
Turkish diplomats believe Russia and
England are attempting to secure by
underhand means what they feared
to take by force, namely the partition
of Persia. Many privately express
the 'conviction that fighting over
Persia cannot be averted.
Backed by a triple alliance, Tur
key does not propose to see Persia
divided. Turkish troops are already
mobilized on the frontier, some of
them In Persia near the positions oc
cupied by small landing parties of
Britishers.
SERIorS STRIKE IN FRISCO.
"Scab" Driver Empties Revolver In-
to Crowd of Sympathizers.
San Francisco, Nov. 30. Although
there are not over a hundred men
Involved In the taxlcab drivers' strike
which began Monday night, already
half a dozen arrests have been made
and several shots fired. President
Carl Dreger of the Chauffeur's Union
and five other union men today were I
admitted to ball following their arrest
for alleged stoning of nonunion men.
The police are also Investigating
a shooting affray early today at the
same place whero Richard Kemp, a
nonunion drlved emptied a revolver
Into a crowd of union sympathizers.
EXOLAXD TORN BY
VIOLENT ELECTION RALLIES
London, Nov. 80. Widespread vio
lence at the election rallies contin
ued throughout England and Ireland
today. Scores of meetings last night
and today were broken up, the speak
ers and candidates egged and In some
places attacked and beaten. Winston
Churchill was attacked several times
whnn he spoke at Sheffield where 200
police were required to protect him.
The followers of Redmond and O'
Rrlen In Ireland clashed.
The central Issue In the election Is
the virtual abolition of the house of
lord.
POPULATION OF TENNESSEE
AND MINNESOTA ANNOUNCED
Washington, Nov. 80. Tennessee's
population Is 2,184,789 and Minneso
ta's 8,076,908. Tennessee ' gain Is
6.10 per cent, not enough for another
congressman. Minnesota gets anoth
er congressman with a gain of . 1S.B
per cent.
GENERAL MANAGER J. I'. O'BRIEN DENIES
"GRAPEVINE" REPORT ABOUT DOUBLE TRACKING
That a "grapevine" story promulgated here on Monday to the effect
that the O. R. & X. company is to double track Its line from Umatilla
io Arlington was a pure fake Is shown by the following message re
ceived today from J. P. O'Brien, vice president and general manager of
the O. R. & X.
Portland, Oregon, Nov. 29.
E. B. Aldrlch, Editor East Oregonian,
Pendleton, Ore.
Your wire 28th. Nothing In story of double tracking between Uma
tilla and Arlington. Coyote-Stanfield cutoff has not been abandoned
out no work will be done on It for the present.
4 J. P. O'BRIEN.
Among railroad men and others the "grapevine" report was regard
ed as a Joke at the time because the construction of the Stanfield-Coy-ote
cutoff would naturally preclude any double tracking between Uma
tilla and Coyote at this time. The message from General Manager
O'Brien confirms their Judgment.
SAYS HE WAS HALF CRAZED
FROM EXPOSURE AND HUNGER
Man Who Has Been Reported at
Every Known Part of Globe Has
Been Living in Obscurity In London
Under Real Name Peury Has No
Comment After Reading Confession.
New York, N. Y., Nov. 30. Dr.
Frederick Cook admits that he does
not know whether he reached the
north pole, according to BenJ. Hamp
ton, editor of Hampton's magazine
who will soon publish Cooks own
story. According to Hampton, Cook
wants to get his story before the pub
lic and allow the geographical socie
ties to decide whether he really ac
complished the feat .he said he did.
In the first chapter Cook says he
might have been crazed by months of
Isolation and hunger and that he fin
ally came to believe he honestly reach
ed the pole. Cook writes that he
does not want to be called a faker.
Most of the time he has been away
Cook says he lived in London. He
fcaid it was easy to drop from sight
without changing his name or don
ning a disguise.
With his wife he will return to
America December 22 to spent Christ
mas w Ith relatives.
It Is not known whether Cook re
ceived the records from the north
pole he said he did. In his story Cook
tells his life story. He declares that
when he convinced himself he had
reached the pole he was half mad,
having spent two and a half years In
the Arctic which he calls a region of
insanity, "where one cannot believe
the evidence gathered by ones own
eyes."
Cook says most of the time his phy
i lcal health was deplorable. He says
that part of the time he couldn't sleep
over 3 hours nightly. "I've been call
ed the greatest liar in the world." he
writes. "The most monumental lm
poster in history and I believe that In
a very undesirable way I stand the
unique of vituperation as assailed like
few men."
Many Will Accept Excuses.
Washington, D. C, Nov. 30 A large
number of the general public which
believed Cook's claims will gladly ac
cept his excuses, said Henry Garnett,
president of the national geographi
cal society, but Cook Is discredited en
tirely among American scientists. "I
honestly believe," said the professor,
"that Cook as a public fakr, Is try
ing through his confession to rehablll
Ing through his confession to rehabl
Amerlcans. Washington, Nov. SO. Peary, who
first declared .Cook failed to reach
the pole, today read Cook's confession
with Interest. He displayed keen In
terest but at the end said: "I have
pbsolutely no comment to make."
WILL "UNCLE JOE"
APPEAR AS SPEAKER
Washington, D. C, Nov. 30 Wheth
er Cannon will apponr as speaker of
the house when congress convenes
next week is agitating the political
sharks here. It Is reported that
James Mann, of Illinois, may be the
speaker, following a conference be
tween Cannon. Taft and Mann.
None of the principles of the con
ference would talk. The conference
lasted two hours. As It was held be
fore the caucus for the selection of
the republican nominee for speaker,
the conference Is deemed slgnlflcat
by the congressmen already here.
WEST VIRGINIA'S SENATORS
ARE BOTH CRITICALLY ILL
t Washington, Nov. SO. -Senator Na
than Scott of West Virginia collaps
ed today as the result of a an ulcer
of the stomach. His physicians say
there Is no Immediate danger, but
complications may set In later. It Is
learned that the condition of Senator
Elklns of West Virginia, Is also critical
FALL OF PUEBLO
IS
TRAVELERS SAY IT WILL
BE ANNOUNCED SOON
Communication With Matamoras Cut
Off Toduy Wlille Message Was Be
ing Sent and City May Have Fallen
Into Hands of Rebels Concerted
Attack on Several Cities Reported.
Laredo, Tex.. Nov. 30. While a
government message indicating that
the governor-general had determin
ed to send reinforcements for Chi
ruahua was being sent from Matamo
ras today, the wires were severed. It
Is believed the insurgent forces are
either attacking Matamoras or pos
sibly have captured the city. The
Mexican authorities at Nuevo and
Laredo are endeavoring to regain
communication.
Fortifying City.
El Pj.so, Texas, Nov. 30 The city"
of Chihuahua is being fortified today
In anticipation of an attack by a small
band of insurrctionists, lead, It is
said, by Madero personally. The city
is garrisoned by troops under General
Navarro and General Terrazas. Gen
eral Vlllara, commanding the Mexican
army of the North, is reported to be
hurrying reinforcements to Chihua
hua. Fall of Pueblo Predicted.
. El Paso. Nov. 30 Later advices to
day say that travelers declare that
the fall of pueblo will be announced
soon. They assert that federal troops
from Cuidad, Porfirio and Diaz, along
the northern boundary and so'utn
through the state of Chihuahua and
Coahuila into Durango are being har
rassed by revolutionists. It Is report
ed that a concerted attack on Mata
moras and the City of Chihuahua has
begun.
ENGLAND'S GREATEST PUG
DIES IN DIRE POVERTY
London, Nov. 30. Jem Mace, the
greatest exponent of boxing that Eng
land ever produced, one time heavy
weight champion of the world and
:he last link between the old and the
new school of boxing, died here to-
lay. He was poverty stricken and
lived on a small pension granted by
the government after he had spent
a fortune made In the ring. He was
born In April 1831.
MILLIONAIRE PACKER IS
BURIED IX CinCAGO
Chicago, Nov. 30. The body of
Michael Cudahy, the millionaire
packer, was buried today in Calvary
cemetery. The requiem mass was
sung at St. James church. Pall-bear
ers were employed from the various
Cudahy plants.
DEFENDS TOE WEST
Frankfort, Ivy., Nov. 30. Speak
ing before n conference of govern
ors on uniform laws and other mat
ters, today Governor Norls of Mon
tana, outlined his Ideas on conserva
tion.. He said: "It seems to us In the
west our brethren of the east have
been rereading the story of the prod
igal son. Having conusumed their
own substance In riotous use and
abuse they want the paternal govern
ment to make another division and
assign them a part of our patrimony.
The people of the northwest enthu
siastically advocate the strictest con
servation of natural resources. They
don't differ from the most ardent na
tionalist In principle but they do dif
fer radically In the ( method that
should be adopted.
"Those who made development of
the great west possible, believe them
selves as capable of protecting their
forests as are the people of other sec
tions to do It for them. This is the
sum and substance of the so-called
states rights.
His speech was well received.
GO.JR BENSON
WILL NOT RESIGN
Salem, Or., Nov. 29. Judge H. L.
Benson, brother of Governor Frank
Benson, who Is In Salem today as a
delegate to the Oregon Development
congress, stated authoritatively to the
Oregon Journal this morning" that his
brother the governor, has no Inten
tion of resigning and Judge Benson
characterizes the report that the re
publican leaders will ask the gov
ernor to resign as ridiculous and ab
solutly without foundation.
"Governor F. W. Benson was re
elected secretary of state November 8.
by the greatest majority vote given to
any man on the ticket who had oppo
sition and there Is no so-called repub
lican leader can look the returns In
the face and ask Governor Benson to
resign," says the Judge, his brother.
Anyhow according to the Judge the
governor Is serving the people of Ore
gon and' not the republican leaders.
During his absence the office of sec
retary of state is In competent hands,
"H H. Corey, chief clerk." says Judge
Benson, "has fully come up to the re
quirements of the office and has prov
ed to be an efficient man. The other
clerks are capable and experienced so
that the work will be well taken care
of during the secretary of state's ab
sence in California."
SONS OF ERIN MEET
AFTER MANY YEARS
A purely chance remark made last
evening by A. E. Flaherty, a well
known traveling, man who represents
a Philadelphia shoe house, brought
forth the fact that he was talking
with an old friend of his boyhood In
Ireland. The friend of his kid days
is Matt Mosgrove, the Milton mer
chant, who is now In the city upon
some legal business.
About 6 o'clock last evening the two
men and some other frtends were to
gether In the Hotel St. George. Look
ing out at the overcast skyFlaherty
remarked:
"This mist makes me think of my
old home in Ireland',' and he named
the little valley where he first saw
the light of day.
"What did you say? Do you know
that place," exclaimed the man from
Milton. The traveling man assured
him he did and then began a con
versation that disclosed the fact that
the two men had been friends togeth
er many years ag. At that time Fla
herty was a red haired youth, though
his head Is now white, and' he had
gone to the same school where Mos
grove had attended.
GAMBLERS SPEXD XER MILLION
Jockey Clubs and Racing Interests
Spend Largo Sum In Work Against
Hughes Bill.
New Tork, Nov. 30. President
Reynolds of the Metropolitan Jockey
club and Secretary Schaumberg of
the Coney Island Jockey club In tes
tifying before the legislature Investi
gating committee today, said the
Jockey clubs had spent S2S4.000 for
legal services In fighting the Hughes
anti-race track gambling bill before
the New York legislature in addi
tion to a half million slush fund It
Is alleged the racing interests raised.
Commenting on the statement. Judge
Lynn, counsel for the Investigators,
said: "It seems almost Inconceivable
that such a sum could be spent le
gally within six months."
MAN WHO SHOT MAYOR
GAYXOR PLEADS INSANE
Jersey City., Nov. 30. James J.
Gallagher, who sho and wounded
Mayor Gaynor of New York City, to
day pleaded not guilty to an Indict
ment charging him with assaulting
William Edwards, me street com
missioner of New York and with car
rying concealed weapons. The prose
cuting attorney has not yet acted on
the indictments charging Gallagher
with the attempt to kill the mayor.
WASHINGTON SENATORS AGREE
TO FORGET THE PAST
Spokane, Nov. 30. There will be
harmonious action between the two
senators from Washington, Jones and
Poindexter, despite the fact that one
Is an Insurgent, the othir a stand
patter. Jones Is willing to forget the
past and stopped off In Spokane to
tell the Poindexter forces so. The
overtures were met half way. Poin
dexter Is now In Louisiana enroute to
Washington.
MILLION DOLLARS TAKEN
FROM SALT LAKE BANK
Portland, Ore.. Nov. 80. A special
from Butte, Montana, says three men
held up the National Mining bank of
Salt Lake City at noon and are report
ed to have escaped with $100,000.
Of course there may be no connec
tion or significance, but we often
think It a peculiar coincidence that
so many men who wear chin whis
kers have wives who Insist on buy
ing their neckties for them.
MAYOR MURPHY
HAS RETURNED
Gained Much Information On
Sojourn in California and at
Municipalities Congress.
STANDS FOR CLOSE
CONTROL OF SALOONS
Following Regular Council Meeting
Tonight Mayor and Coiincilnwn
Will Caucus to Discuss Regulative
Measure for Pendleton.
Loaded with information gathered
upon an Instructive and pleasant so
journ at San Diego and other Cali
fornia cities, Mayor E. J. Murphy
returned to Pendleton this morning
ad is now ready to again take up the
reigns of office.
At San Diego Mayor Murphy at
tended the annual meeting of th
California league of municipalities
which lasted for three days, Novem
ber 15, 16 and 17 Inclusive. At that
session the mayor was the only
repesentative present from Oregon
and so he had to uphold the dignity
of this state single handed.
"I feel well repaid for making the
trip," says the mayor. "There were
160 men present for the meeting and
they represented 68 different munici
palities. Interesting papers upon dif
ferent subjects pertaining to munici
pal government and were read and
they were then freely discussed.
"One of the chief topics of Interest
was that pertaining to the commis
sion form of city government As for
myself I am not yet clear as to my
views upon that subject I learned
considerable upon the subject by a
visit to Berkeley, where the commis
sion plan seems to work very satis
factorily. Yet I find that whether
or not the commission plan works
satisfactorily depends much upon the
class of men elected to office. In
Berkeley a man must receive a ma
jority vote to be elected. The mayor
of Berkeley has promised to send me a
copy of the Berkeley charter and
when it arrives I am going to study
it more In detail.
Other topics discussed at the San
Diego meeting wree pertaining to
public health, clerks and auditing,
street cleaning and street Improve
ments, etc.
For Close Regulation.
While away Mayor Murphy also
devoted much time to a study of the
saloon situation. He says he returns)
fully convinced that Pendleton should
adopt an ordinance looking 'to the
close regulation of the saloon busi
ness and that following the adoption
of such an ordinance It should be
firmly enforced. "If we become
weak backed now I know we will have
a very hard time handling the situa
tion," he said.
As to the particular features of the
regulative measure he has In mind
the mayor refused to be quoted since
he desires first to discuss the matter
fully with members of the council
and city attorney. He will be at the
regular council meeting this evening
and a caucus will be held Immediate
ly following the meeting. At that
caucus the subject of saloon control
will be the live issue.
According to Mayor Murphy It will
be necessary for the council to get
busy at once In order to have a regu
lative ordinance passed and In force
so that saloons may be established
January 1.
ROCKEFELLER AND MORGAN
CALLED THIEVES AND TYRANTS
Chicago, III., Nov. 30. Men of the
stamp of Rockefeller and Morgan are
models on the personal and religious
side of life while they are virtually
thieves, brigands and tyrants on the
secular and social sides, was the
charge of Bishop Charles Williams of
the Episcopal diocese of Michigan to
.l:ty before the Methodist Federation
of Social Sen-Ice. He branded them v
as men of a dual conscience, "who
sit In the front pews In the churches
In unctuous piety on Sunday and skin
their fellow men out of millions the
next day."
He said. "When it comes to making
money they fool that combining their
business and God's business Is out of
the question.'
"MILLIONAIRE DOLLAR
THIEF" BEGINS SENTENCE
Louisville. Ky., Nov. 30.
August Ropke, known as the
"million dollar thief" today
began serving his prison sen-
tence for the theft of 81.490,000
from the Fidelity Trust com-
pany of which he was secre-
tary. Pour hundred thousand
of the defalcation was recovered.
Ropke said he lost the rest. He
will remain In prison from 10
to IS years.