. myB&m&te. , m . ,,,, isjj ng-w ese EVENING EDITION EVENING EDITION Calling cards, wed ding stationery, com mercial stationery and Job printing to order at the East Oregonlan. WEATIIElt REPORT. Fair tonight and to morrow. COUNTY OFFICIAL PAPER. CITY OFFICIAL PAPER. NO. 7!fi VOL. 23. PENDLETON, OKEfJON, WEDNESDAY, DEC ISM HER 28, HMO. PENDLETON i STATE BOARD flgS OUIMMIIHI TRACY Superior Climatic Conditions and Transportation Facilities Win Out Over Claims of Union and Baker. Asylum Will Bo Located Just West of this City Dr. J. A. Plamondou of Athena, Named as Suerliitcndo nt ami Will Tnko Charge of Work at Once Will Furnish Estimates und Make Arrangements for Opening in. stltutlon State Officials Feci That Good Business Deal Has Been Made Fcrtllo Farm Land Secu red at Nominal Figure Baker in per Cries "Politics" and Alleges Selection Not Made On Merit. Salem, Ore., Dec. 27, 1910, W. L. Thompson, Pendleton, Oregon. Oliver and Carpenter tracts selected asylum site. Dr. Plamondon appoint ed superintendent. C. A. BARRETT. The above message received last evening at the American National tank brought the first official news that Pendleton had been selected for the location of the eastern Oregon branch of the Insane asylum. A few minutes later East Oregonlan bulle tins were being scattered about the city, giving the first news to the cltl sens. Selection incases Officials. ' Salem, Ore , Dec. 28. It is general ly felt here among stntg officials that the state board made a good proposi tion when It selected the Oliver-Carpenter tract west of Pendleton for the site of the eastern Oregon branch of the state hospital for the Insane. It Is understood the state got 130 acres of land for approximately $100 per acre. About one-half of this is bottom land and is already under cultivation. Dr. J. D. Plamondon of Athena, was appointed superintendent of the branch asylum and It is expected that he will take chnrgo of the work Im mediately. Ho will be compelled to prepare estimates and otherwise ar range for the opening of the Institu tion. Baker and Union both bid for the locution but they were eliminated by the board. Much Rejoicing Here. There Is much rejoicing In the city today over the decision of the board. Among the men who have been ac tive In tho work toward landing the asylum, tho opinion Is prevalent that the Investigators could not get away from the superior combination of cli mate and soil which this section of eastern Oregon offered. There Is a great cry from Baker City and Union to the effect that politics and politics alone decided the matter but local men declare the statistics which had been prepared here was the great fac tor In the selection. Everything Is colng ahead rapidly for the beginning of operations which will result in the establishment of the big Institution. The abstract to title Is all completed and will be summltted soon to Judge James A. Fee, who has been appointed to represent the state land board. This morning affidavits were made by a number of persons to the effect that the water from the Umatilla river had been used on the Oliver place since 1881. The Oliver-Carpenter tract Is an Ideal site for the location of the asy lum. It consists of 824 acres, 175 of "which Is hill land and the remainder in the bottom. Three good residences are located on It and there are ten acres of the best apple orchard In the county. These facts, together with the fertility of the soli and Its adap tability to all kinds of farming, the water right which goes with It, the fall In the river which would develop considerable power and the proximity to the railroad were the principal points which made the site more ac ceptable than the others offered near hnre. The purchase price was $82,200, $6, T00 of which will be paid to H. E. Camonter and the remainder to R. L. Oliver. According to Lee Teutsch who has been interested In the sale of the nrnnertv. the lmnrovements on the two places nro worth fully $12,000 As the money for the establishing of tho asylum is available, It Is prob- able that work will soon bo com menced In preparation for the erection of the buildings. Governor Bower man, when he wrs here, declared that EIGHT KILLED BY AN EXPLOSION El Pnso, Tex., Dec. 28. Eight persons wero killed today by a gns explosion nt the El Paso smelting works. The plant Is the second largest In the world and Is located five miles from this city. It is owned by the American Smelting company. EASTERN ASYLUM once the selection of a Bite was decid ed, It would be but a little while until operations were begun as the asylum at Salem was In a badly overcrowded condition. Baker Is Sore, The following is a portion of an ar ticle published in the Baker Herald, a day before the selection of tho site was determined upon by tho board and is taken locally as Indicating that the people of Baker city realized that in a contest of merit neither Ba ker nor Union stood any show with Pendleton: "The eastern Oregon branch of the insane asylum will be located at Pen dleton. That is the decision of Act ing Odvernor Bowerman as announc ed to certain Individuals in Pendleipn when he was there last week Inspect ing the sites. This information was brought to Baker by citizens who have been In Pendleton and who have learned the real facts of the case there. The governor made the announce ment when he was thefe i";?ect1ng the sites but nsked that it be kept UiiuCr cover until his official decision should be announced. "Some people seek to Justify Bow erman's decision by comparing the climate of Pendleton with that of Baker and Union. At this time of the I year the winter along the Umatilln Is quite mild. There Is no snow and It is not cold enough to freeze. As Bowerman comes up from the valley he would naturally prefer Pendleton because of the warm weather. . - "But such excuses will not be ta ken In good faith. Bowerman has lived in eastern Oregon long enough to be familiar with the climatic con ditions of Baker, Union and Pendleton and knows that from a climatic and health standpoint. Baker Is far supe rior to the other two towns. A Political Deal. "Those who are familiar with the political conditions in connection with the location of the asylum believe that Bowerman was merely playing the game for all he could get. He is a shrewd politician and was so In debted to Pendleton politicians, ac cording to reports, that he practically had to bow to their will. "It Is commonly reported among politicians that W. J. Furnish of Pen dleton furnished the necessary mon ey for Jay Bowerman to make his campaign for governor at the last election. This may or' may not be true, but It Is the report that Is whis pered about among the men who are (Osnttnaea ea page elsjkt.) MILITIA RESCUES NEGRO FROM MOB Clarksburg, W. Va., Dec. 28.--Es corted by a company of militia Wil llam Furby, a negro, was brought to the Moundsvllle penitentiary today. He was rescued from a mob by the mllltlal after having spent the greater part of the night locked ln the vaults of the Wells Fargo express company at a railway station in Weston to pre vent a lynching. He Is accused of attacking Florence Anglln, a white girl. The Anglln girl says Furby attacked her while she wns returning from the dairy on her father's farm last Sat urday night. While she struggled, he dragged her fully 300 yards, and following the attacks he was ln the alleged net of strangling her when a rallrond flng mnn came running to her rescue. The negro ran to a horso tied nenrby and made off, but the animal fell, throw ing the rider. His shoulder was dis located and he was captured. WIFE OF FOUNDER OF SEATTLE DYING Seattle, Wash., Deo. 28. Mrs. A. A. Denny, one of tho first white wo men to come to Puget Sound In 1861, Is dying at her home in this city. She has been 111 for several months. She Is the widow of Arthur Denny, one of the founders of Seattle. Tfl Mllir UfllO I Ln II IU llllllL OF WOULD HLOW UP WARSHIPS IN EVENT OF RUMORED WAR Alleged Conspiracy Said to Have Been Discovered Explosives und Maps Reported Found In Japanese Hous es by Militury Authorities. Manila, P. I., Dec. 28. The alleged discovery of a conspiracy among Jap anese to place mines in Manila har bor and blow up the American war ships In case of war between the two countries is persistently rumored ln military circles today. Although General Duvall has said that the search of Japanese homes for explosives was unsuccessful, It Is re ported that explosives were found and also maps showing that Japanese spies had a thorough working know ledge of the harbor and fortifications and had planned carefully where and how to place submarine bombs in the harbor. This Is causing much excite ment in military circles as it Is report ed that Duvall has threatened to court-martial any officer who tells the alleged facts. The story leaked from civil author ities who aided in the, search. According to a current report today papers have been discovered that Identify the Japanese secret agents in the Philippines. It is reported that acting on this Information a number of arrests have already been made secretly. Reports say the Japanese have been smuggling explosives into the city for months. if is understood a careful search of the principal Japanese colonics is be ing planned by army officers. It is believed the military authorities are attempting to cover up Japanese ac tivity in the island and at the same time are weeding out spies. Denied at Washington. Washington, D. C, Dec. 28. War department officials ften?ej that offi-j cial advices concerning the discovery of an alleged plot of tne Japanese to mlne Manila harbor had been recelv-j Cu. i ne anry yiiieeia, iiuweici, uic of the oph.IOD that the Japanese have been working secretly in the islands since the war with Russia. The particulars as far as they can be learned Indicate That the Japanese plotted placing the mines iu:ar the naval anchorage. These were to be connected with shore batteries Mili tary men privately admit the prop- sitlon Is serious. DISEASED ASIATICS I CALIFORXIA ILLEGALLY Sacramento, Cal., Dec. 2S. That hundreds of Asiatics, mostly Hindus, are illegally in California and that the state has failed to provide funds to permit the (employment of phy sicians to search out the diseased ones and have them deported, was the as sertion today of a prominent member of the state board of health. The federal government is willing to aid In the deportation of the undesirable aliens if only a report by state offici als can be secured. The principal ailments of the Hin dus here is hook-worm and trachoma. ACTOR-A VIATOR CTIOSES PATH OF LOST BIRDMAN Dover, England., Dec. 28. Robert Lorraine, the actor-aviator, flew from Shepper Island In the North Sea to day in an effort to win the Deforest prize for the longest flight from England's shores to France or Bel gium. Lorraine took the course flown by Cecil Grace, the English av 'ator believed to have been drowned in the channel last week while at tempting the same flight. The ma chine must be English built to win the $20,000 and the aviator must be a native Englishman. BANK PRESIDENT PROPHESIES PROSPERITY New Tork, N. Y., Dec. 28. Unusual prosperity is predicted for 1911 by Orion Howard Cheney, state super intendent of banks, based on the con dition of the banking business of New York state. He Is preparing a report showing the condition of the state banks. He says when banks are pros perous other business will flourish also. CITY OFFICIALS Hammond, Ind., Dec. 2S. Nine city officials of tho town of Gary, Indl ann, a new city built by tho United States Steel corporation, were called Into court today for arraignment on Indictments charging election frauds. Mayor Thomas Knott nnd Chief of Police Martin were among the accus ed. The Indictments charge they alter ed the returns of the November elec tions. It Is expected they will be re leased on ball. imp oi mi T TWO THOUSAND REBELS - PREPARE TO ATTACK CITY Federal Officials Admit Outbreak Which Hus Been Threatened For ' Some Time Is About to Occur Am erican Adventurer Leads Rebels Guiihout Hushed to Scene. Puerto Cortez, Honduras, Dec. 28. That two thousand rebel troops have gathered ready to attack Teguclgala is reported here today. Federal of ficials say the revolution which has threatened for months will start soon. Preparations to repel the attack on the city are being made and troops are being moblized. The rebel army has been drilled for several weeks near Cape Cracias. Lee Christmas, the American adventurer who pj?yed an Important part ln the former revolutionary movement and who has lead armies In Honduras and Nicaragua, will share the command of revolutionists with former Presi dent Bonilla who started the trouble. Gunboat for American Interest. Washington, D. C, Dec. 28. The United States gun-boat Torktown ar rived at Amapala, Honduras today. She was sent to investigate the con ditions and protect American interests in the event a revolutionary outbreak occurs. ' Americans Lashed. New Orleans. Dec. 28. A special dispatch to the Picayune from Puerto Cortez, Honduras, says William Bar ber of Kentucky, and two other Am ericans, were seized by Honduran po lice and soldiers, thrown into Jail and brutally lashed with whips, afterwards deported on the Honduran gunboat jTatumbla to Guatemalan territory and landed penniless In the forests. According to an affidavit made by Barber and corroborated by witnesses the dispatch, says he was taken by po lice to Puerto Cortez while walking along the street, and ordered to go with two zither Americans, also in cus- tody and bury a dead Honduran pau per. Refusing to do as he was told. Bar ber, who was foreman of a bridge gang on the Honduran railroad, was taken to Jail surrounded by soldiers with fixed bayonets, beaten over the bead with clubs and lashed with whips the other two Americans being treated likewise and the three were then taken to the Taumbla and transported to Guatemalan territory and set down In woods without food or money. WANT TEACHERS FOR THE PHILIPPINE ISLANDS Washington, Dec. 28. A special ex amination for teachers in the indus trial schools of the Philippines is be ing held today in all parts of the country under the direction of the United States civil service commis sion. Teachers in carpentry and forg ing and machine shop practice are In great demand, according to the com mission. GOVERNMENT PREPARING TO DEFEND AUSTRALIA Melbourne, Australia, Dec. 28. Ac tive preparations for the government's establishment of defense forces on the soundest footing in a short time are under way. It was announced to day that the government is planning to train at least 100,000 boys, between the ages of fourteen and twenty, ln the military art, probably beginning in July. The government will soon order the equipment and clothing necessary for the new departure. Rtenograpljers nave nigh Ideals. New York, Dec. 28. The New York State Association of Stenographers opened its annual convention here to day under the direction of President William C. Booth. The association has under consideration a plan to standardize stenograph In this state the same as In the profession of cer tified public accountants. Observe Messtnn Anniversary. Rome, Dec. 28. Special masses were said in all the churches of Rome today ln memory of the hundreds who perished in the earthquake by which the City of Messina was de stroyed, today, it is the second an niversary of the disaster. VOTERS BY HUNDREDS PLEADING GUILTY West Union, Ohio, Dec. 2S. West Union's hotels are overflowed today with citizens of Adams county wait ing for a chance to plead guilty to the charge of selling their votes. Wagon loads of indicted voters poured Into the city during t,he dny. As fast as tin Ir cases are called they pleaded guilty, were disfranchised for five years and given a small fine. It Is expected the grand Jury now In ses sion will return 160 more indictments before tonight. Already 750 have been Indicted. F IS SELECTED Matlock Tract in West Pen dleton to Be Permanent. Home ot Big Celebration. MORE EXPENSIVE LOCATION CHOSEN BY COMMITTEE Proximity of Ground to neart of City ResH)iisille for Decision Two Blocks Nearer Mala Street Than Last Year Meeting of Stockhold ers Called to Ratify Recommenda tions of Directors Celebration Will Never Be Siieeulative. That the Matlock tract In the west end of the city is the most desirable one for the Roundup parK despite the greater expenditure of money involv-' ed In Its selection was the verdict of the board of control and directors of the association at a meeting held last night. The merits of the two sites offered, the one by W. F. Matlock and the other by the city, were dis cussed at length and when finally a vote was taken, an endorsement was made of the former. This action does not necessarily mean that the Matlock site will be selected as the stockhold ers will have the final voice in the matter, but they will probably act up on the recommendation of the direc tors. A meeting of the stockholders has been called for Friday evening and all are requested to be present. Ibe selection of the Matlock site will mean expenditure of practically $5000 more than would be necessary were the city tract chpsen as the lat ter would be donated provisionally. However, the majority of the men at the meeting last night were of the opinion that this extra $5000 would be made up in two years oy virtue of the Matlock tract being closer in and more accessible. The Matlock tract is 10 blocks from Main street while the city site is 22 blocks distant. An other point in favor or the former was its superior availability for an athletic park in which to hold all out door contests. The Matlock grounds consist of considerably more than that piece in- i hi within the four fences during the la:t Roundup. It comprises 17 acres which Is over tnree times as much ground as used last fall, ex tending from two blocks this side of the east fence to the railroad "Y" on the west and reaches across the river to the millrace, taking in the island in the channel. This will probably be more ground than is necessary and several lots could be sold from It if advisable. The directors have decided to at tempt to raise $15,000 in the city with which to purchase the ground and construct the stadium and they think that this amount can be easily secur ed. , Another provision that will be made Is that the Round-up will never be put upon a speculative basis. Measures will be adopted to prevent any few persons from acquiring control of the stock. The title will be placed in the name of the city and in case the as sociation should be dissolved the prop erty and all improvements would all revert to the city for park purposes. KILLED IN ACCIDENT Paris, Dec. 28. Marquis Marie Paulla and Alexander Laffon, chief pilot of the Antoinette school of av iatlon, were crushed to death today under an aeroplane Just after they had taken to the air for a speed flight from Paris to Brussels, trying for a $20,000 prize offered for the fastest passenger flight over this course. The crushed bodies of the famous French aviators were viewed by hundreds In the morgue this after noon, soon after the news had spread that they had been killed in an aero- plane accident while attempting to fly from Paris to Brussels. Laf f on s body was horribly crushed. His wife, who witnessed the fall. Is prostrated. Tho machine turned over twice in falling and struck on top of the pas sengers. SUFFRAGETTE DIES OF ALLEGED ILL TREATMENT London, Eng., Dec. 28. As a result of alleged hardships she said she was forced to endure in prison where she was sent for participating in the re sent suffragette raid, Mrs. Clark, sis ter of Mrs. Pankhurst, the suffragette leader, died today at Brighton, her heme. Previous to her death she toll of how the officers fed her coarse food and were cruel and gave her no comforts. When she was released her health was impaired and she became ill. FRUIT SHIPPER S Famous Umatilla County Test Case Decided by Supreme. Court Against Railroad. CONSTITUTIONALITY OF NEW LAW UPHELD O. R. & N. Must Pay Damages tor Failure to Deliver Cars for Fruit Shipments Absence of cars Caus ed Loss of Fruit Existence of Railroad Commission Attacked by Railroad In Defending Suit Case Tried In Pendleton. F. V. Martin, surviving partner ot the firm of Riggs & Co., and RIggs -. Martin of Milton Is awarded Judg ment by the supreme court for $2768.--25 and $500. attorney's fees in addi tion against the Oregon Railway & Navigation company for failure of that railroad corporation to deliver -cars at Milton as provided by the railroad commission act of this state,., enacted ln 1907. The nrms in whose . behalf the action was brought by Mr Martin were dealers ln fresh fruits; bought and sold in Idaho and Ore gon. The case was tried ln Pendle ton more than a year ago and was the first to be brought under the new law. It was therefore regarded as a test. In this case the supreme court up--holds article 26 of the railroad "act, which was attacked in this case by the Oregon Railroad & Navigation company's attorneys, and which is one of the most Important and most ; essential provisions of the entire en actment and makes it obligatory up on railroads to deliver cars within a certain number of days after the or--der is filed in writing by shipper. The number of days allowed for delivery depends upon the number of cars or dered. In this case Mr. Martin was able to prove considerable damage by failure of the company to deliver the cars ac cording to law. An important point was determined in this case relative to the Jurisdiction of the railroad laws of this case because the shipment for which cars were wanted was inter state and the corporation's attorneys argued that only federal laws applied but the supremtecourt held that the Oregon railroad act did not conflict in any particular with the interstate commerce law, but merely covered matters not covered by the federal laws and was therefore properly with in its constituted powers. The order of the lower court for Umatilla county, H. J. Bean presid ing, was affirmed. The opinion was written by Associate Justice Slater. MILLIONAIRE ARRESTED OX FUGITIVE CHARGE Sah Francisco, Cal., Dec. 28. B. H. Bibb, a millionaire lumberman of San Francisco, has been arrested as a fu gitive from Justice according to As sistant District Attorney Cotton who so Informed Judge Lawler today when. Bibb's case was called in the superior court Bibb is charged with having sold a piece of real estate twice. He failed to answer the case six weeks ago when called into court. Since then he was arrested in Washington, D. C. SENATOR GORE EXPECTS TO 6PEND LIFE EV SENATE Washington, D. C, Dec. 28. Sena tor Gore, of Oklahoma, moved by the printed stories that he Intended resigning today definitely declared he would not retire and that he expected to spend the rest of his life ln the senate fighting graft and grafters. The senator said since his charges of fraud In connection with the Indian lands he had been the target "for vitrlollo abuse and fake charges." And the resignation story Is part of the scheme to embarrass him, he says. LORIMER WHITEWASH WTT.L CAUSE FIGHT IN SENATE Washington, Dec. 28. Senators In terviewed today believe that the white washing of Lorimer in the recent brib ery scandal Is due to cause a fight in the senate. Many senators, among them Bever id.ee, is reported to he spending his vacation studying the testimony tak en by the committee preparatory to the clash. Peverldge said today he has not decided whether he would submit n minority report. Senator Frnzler, of Tennessee, Is al so expected to take exception to the report clearing Lorimer. Kansas Auctioneers Meet. Lnrned. Kans , Pec. 28. The auc tioneers of the state met here today In their annual convention. The meeting will be an Important one bo cause of resolutions to be framed covering laws which the auctioneers would like passed in their Interest In. the state legislature DECSON