.L " I EVENING EDITION EVENING EDITION WEATHEK REPORT. Fair tonight and Frl dny. Calling cards, wed ding stationery, com mercial stationery and Job printing to order at the East Oregonlan. COUNTY OFFICIAL PAPER. CITY OFFICIAL PAPER. VOL. 23. PENDLETON, OI5E(JON, TIIUJtSDAY, DIX'EMJiER 29, 1910. NO. 7097 i ED'S DEFEAT Ti AI CONSIDERED RIDICULOUS Judge Lowell Says The-e Are No Legal Grounds for Such Procedure Thinks Selection Made on Merits. Walls From Baker City Over toss of Eastern Oregon Branch Asylum Cairo Much Amusement In Pendleton Telephone Message From Ba ker Does Not Agree With Publish cd Report La Grando Tukes Decision In Philosophical Manner Itaker Visr Accuses Bowerman of Playing Politics Salem Paper Says Superintendent of Asylum at Salem and Profj Scudder Both Recommend eU Pendleton site. In local circles the complaints go ing up from Baker City regarding the election of Pendleton as a site for the branch asylum arc regarded as ridi culous and the story that Baker peo ple may try to take legal proceedings to stop the location of the asylum here are regarded as unfounded. "I had a 'phone conversation with a prominent Baker man this morn ing," says W. ti. Thompson, president Of the Commercial association,. "He was one of the leaders In presenting Baker's claims before the state board nd he told me he had heard of no move to ask for an injunction. Fur thermore he told me that such a move If undertaken would meet with a vig orous protest from him." In view of this and of other facts known to local men the rnbld state ments cmenatlng from Baker sources are not taken seriously. It would be very poor grace for Kakerites to take such action, local men assort, for it would only place them In the light of being poor loHers. Among local men, politicians, business nun and others, the sentiment is unanimous that Act ing Governor Bowermnn strove hon estly to locate the asylum upon Its merits and did so. If political consid erations had any henring upon the de cision those considerations did not In terfere in uny way with the real merits of the. case, Climate Won Out. 1 In the view of Dr. C. J. Smith, who has always been a zealous worker for the branch asylum and was the au thor of the constitutional amendment that makes Its location here possible, Pendleton won the asylum because of Its altitude. Its climate and its fine geographical location. "I believe that our altitude and our climate were es pecially in our favor," said the doctor this afternoon. "It is generally con ceded that our altitude Is more favor able than a high altitude. Then we have a milder climate than has either Baker or Union and we are free from hard biting winds such as they have. Yet I feel too that the board was Influenced greatly by the fact that this place affords a more central lo cation for the branch hospital and Is therefore the economical location." No Danger of Injunction. When asked this morning for his opinion aa to the grounds for an in junction against the building of the asylum in Pendleton which course of procedure is threatened by Baker City, Judge Stephen A. Lowell said: "I do not believe there are any legal grounds whatever upon which to base an Injunction. The selection of the site was purely discretionary with the board and the fact that Bowerman constituted two thirds of that board does not alter the legal phase of the matter. Baker City may secure a temporary injunction for Jt Is an easy matter to trump up allegations, -but when the case la taken up In the courts, I think the decision will re main favorable to Pendleton." Judge Lowell stated further that he believed the selection of the site was made purely on the basis of relative merits. "I believe the board Judged Baker to be' too high and cold and the Grande Ronde valley too windy," he said, "while Pendleton with Its mild climate offered advantages to the patients which could not be had elsewhere In eastern Oregon." Stelner . Recommended Pendleton. "It was largely through the recom mendation of Dr. R. K. Lee Stelner, superintendent of the Oregon State Insane asylum that Pendleton was se lected. Dr. Stelner pointed out that tho cllmntlc conditions of Pendleton are superior to the other towns, In that It Is much drier and that the TWO DKAD, THREE IN.KTREB IX WRECK Spokane, Wash., Dec. 29. Two men, whose names are un known, were killed, and three trainmen seriously Injured to day In a wreck on tho Milwau kee line near Rye. Conductor Mnrre, Fireman Voorhees and Brakeman M. Fawcett. were hurt. A work train got away and crashed Into a freight at the grade bottom. T5 IS HIT FEARED winters are much milder. "Prof. H. a. Scudder, a soil expert, also reported favorably on Pendleton and says the soil there is very fertile and well adapted to the cultivation of a variety of products and as soon as the buildings are completed the tract will be cut up and devoted to dairying and diversified farming. In mates of the institution who are able to work will be detailed to do work In connection with the rarm." Salem fitutemiiHIl. Raker Accuser lioivcrmaii. What kind of a man Is Jay Bower man? At the banquet given In his honor here he stood before a score of men of this city and stated that he would award the asylum to the site which merited it. But Before leav ing the hotel he said to one of the guests: "I have three friends In Pen dleton to one here, so you can see where the asylum Is going." Bowerman's entire campaign through eastern Oregon, especially at Baker and Union, was one of decep tion, for he told a few friends several weeks ago that Pendleton was to have the asylum. Then he had the nerve to come up here and state publicly that merit alone was to count In his decision. He evidently realizes that he Is down and out and Is playing the game for all it Is worth. Baker City Ji'-rald. j Continued on pa go eight.) MATLOCK TRACT MAY BE BOUGHT ENTIRE HOLDINGS MAY BE HAD FOR $5000 Is Fine Bargain Assert Backers of West Court Street Site Tract Com prises 17 Acres all Told Arguments for Both Upper and Lower Sites. W. F. Matlock will sell to the Round-up association the baseball park on West Court street and all the vacant land adjoining the same and lying north of Court street for the sum of 15000. An announcement to this effect has been received here in writing from Mr. Matlock and with this as a basis of action an earnest move is now on to have that land pur chased and used as a permanent home for the Round-up. All told there are 17 acres of land In the Matlock tract. Aside from the present ball grounds he owns the va cant land east and north of the grounds and his rights extend clear across the river. At the present time much of the land Is covered with gravel and considerable filling work would have to be done to get the land Into serviceable shape. However, say the advocates of the Matlock tract, the sum asked for his property by Mr. Matlock is extremely reasonable. In view of thesn mon either the city or the Round-up as- suciauon snouid purchase the tract and convert it Into a stadium that may be used by the Round-up and also for athletic meets. Mr. Matlock Is willing to grant anv terms riesimhi.i as to payments and wants six per cent imeresi upon tne dererred payments. Already a move la on to in .in no vi city to purchase this land. is very Accessible. Chief amonr thn nrmimpnto in fn. vor of the Matlock tract for a Roun- up location Is the fact that It is very accessible. It Is held by many that the frontier show should bo heid suf ficiently close in to permit of people walking to and from the grounds. With West Court street properly Im proved and with good walks lend ing entirely to the entrance of the grounds It Is argued thousands of peo ple would walk. Therefore the at tendance would bo better. This argu ment applies with even more force to football and baseball games than it does to the Round-up. For the Upper Site. On the other hand there are ear nest advocates of the site now owned (Continued on page I.) COMPLAIN MltS. MABEL WARNER WINS IMPORTANT POINT IN FAMOUS WARNER-YOUNG WILL OXTKOVKUSY Judge H. J. Bean today handed down a decision In which he holds that the so-called "fourth" will to the estate of the late J. W. Young of Weston, Is valid and he therefore orders It admitted to probate. This decision was rendered on the appeal from the county court In which the will had been declared a forgery and Mrs. Warner had been pronounced the forgoror. By the terms of the will ordered probated by Judge Bean, Mrs. War ner gains possession of the Young farm In the northern part of the county and practically the whole of the estate of the late mill man and merchant of Weston. The fight which she has waged for the past four years hus been one of the most picturesque ever witnessed in the Ore gon courts. She was twice tried for forgery and twice escaped the penitentiary through the inability of the Jurors to agree upon a verdict. SAN FRANCISCO WILL HAVE FAIR IN 1915 Washington, D. C. Dec. 29. No matter what course is taken by con gress, San Francisco will hold a fair In 1915, according to Senator Flint of California, who is here working in conjunction with the San Francisco committee. He said: "While we would like congressional sanction of our fair with seventeen millions at our dis posal we will have an exposition that will draw from any other fair when the Panama canal is opened. I am not worrying about what congress does. All this talk of the logical point being chosen as the official site fruitless for the fact remains that with the railroad rates properly re duced, where hundreds would brava the summer heat of Sew -Orleans, thousands would go to an Fran cisco. III. AUK HAND MEN ARE NOT TERRIFIED New York. X. Y, Dec. 29. The practically life sentences given Ma rie Rapp and Stanisle Patlenzi, the bluekhander leaders a few days ago, has not stopped the blackmailers In the lower east side. Four bomb out rages occurred today nnd thirty per sons sleeping In a double decked tenement house In the Italian quar ter were endangered. It wrecked the stores on the first floor and demolished the stairway. No one was hurt. Previously Georgdino Sagno, n. grocer whose store is in the building wrecked, received a letter demanding J2n0. He refused and the explosion followed, Three other explosions followed the refusals t6 pay extor tlons, the police say. GREECE TERRORIZED BY EARTHQUAKES Athens, Greece., Dec. 29. Heavy earthquakes causing much damage and probably loss of life, are report ed to be occuring today In the pro vince of Elis. The mender telegraphic advices say a large number of build ings have nlreadfy been wrecked. Communication with Elis, Pyrgos and Patros, the principal cities of Elis province, is gone! The center of the disturbance is at Pyrgos, near the southern boundary of the province. The shocks are Increasing In violence. The people are reported to be ter rorized. EARTHQUAKE SHOCK IS FELT IX rUGET SOUND Seattle, Dec. 29 Two distinct earth quake shocks were felt on Vashon is land, situated In Puget Sound, be tween Seattle and Tacoma late yester day. The first shock was felt at 5:20 and the second soon after. The earth quake shook the houses and caused the residents to hurry outdoors, but no damage was done. Famous Tennis PTayer Dies. London, Dec. 29. Reginald Do herty, the famous tennis player, died here today. With his brother, H. Doherty, he was the world's double champion. Lester Means came up from Uma tilla this morning to attend the Lam bda Sigma dance In tho Eagle-Woodman hall this evening. BOILER EXPLOSION KILLS FIFTEEN MEN Tittsfield. Mass., Pec. 29. Fifteen men were killed and twelve Injured In the boiler explosion at the More wood Lake loe plant today. More than thirty men were In the plant at the time of the explosion which prac tically wrecked It. Among the dead recovered and Identified are: William Dunn. Edgar Allen. John Raymond. Martin Smith. Most of the dead are Poles. En gineer William Dunn was hurled 200 feet and Smith a hundred feet. Their legs were broken and heads crushed. Eleven of the Injured were brought here. GIRL IDE INSANE BY JAP TREATMENT Seattle, Wash., Dec. 29. May Har rls, aged IS, and the daughter of Mrs. O. W. Foster, a pioneer puget sound family, was taken to the Steilacoom state insane asylum today a mental and physical wreck. The girl had been rescued from Imprisonment for 46 days in a dark room of a Japanese lodging house, where she had been held in unspeak able bondage, the prey of Jap labor ers. The girl was married two years ago to James Harris and has a child. Sev eral weeks ago she dropped from sight while . returning to her home after visiting her mother. No trace of her Was ootalned until a telephone mes- sage was received by the police from her asking to be rescued. Detectives searched the place three times and finally located the girl. She was In a terrible condition and said the Japs forced drugs down her throat nnd kept her semi-eonsclous most of the time. Judge Gay sent her to the asylum to recover from the effects of the drugs. DENIES THAT -MRS. EDDY r IS EXPECTED TO RISE Boston. Mass., Dec. 29. Reports that protests have been entered agalnsi-; lacing guards at the tomb of Mrs. Eddy are branded today as false by Alfred Fallow, head of the Christ ian S. ienee publicity committee. Far low saiil he had come direct from the board of directors to whom the pro tects were reported to have been made. His statement was issued in conse quence of n widespread story that the followers of Mrs. Augusta Stetson, who was excommunicated, believes Mrs. Eddy will rise from the dead and tS the placing of guards showed a lack of faith on the part of the church di rectors. Farlow said nothing of the sort was expected and that the guard was placed there for the usual reasons. WOULD REPEAL LAW AGAINST HANGING Seattle. Dec. 29. Hundreds of Se attle voters are signing petitions be ing circulated by Mrs. Katherine Stir tan asking the legislature to pass a law abolishing capital punishment in Washington. Representative Frank Goos will present a bill to repeal the hanging law at the- coming session of the legislature. NUMBER INDICTED FOR ELECTION FRAUDS 1000 West Union, Ohio, Dec. 29. One hundred and six new Indictments in connection with the Adams county election frauds were returned today, bringing the total to 988, since the grand Jury Investigation began. It It said the Inquiry will be completed by Saturday. The Judge continues the hearing of cases ana disfranchis ing men. One farmer, worth J50.000, confessed he and his son each sold their votes for ten dollars each. HARRY THAW'S CREDITORS WILL GET LITTLE Pittsburg, Dec. 29. Harry Thaw was discharged from bankruptcy to day by Judge Orr In the United States court. The action followed the with drawal of Attorney Graham's objec tion. It is reported his creditors will get twenty cents on the dollar. PLAN TO MURDER London, Eng., Dec. 29 A plot to assassinate King George on corona tion day, next June, tins been un earthed In connection with the dis covery of a bomb factory In London-s oast end. according to secret agents. The discovery of the infernal ma chine works Is a sequel to tho lloundsditch crimes In which three policemen were killed by burglars. Documents found at the factory and at the burglars' lair, authorties say, prove conclusively that a plan was on foot to kill the king. Mrs. W. H. Clarke and Mrs. E. O. McCabe of Spokane, are here upon a visit with their father, B. M: Graham and other relatives. FORESHADOWS JAP TROUBLE Attack on American Vice Consul Taken Seriously by Washington Officials, JAPANESE GOVERNMENT ASKED FOR EXPLANATION Officials la Manila Are Still Silent One J a pa n cm) Deported and Others to be Tried for Concealing Explos ives Congress to !e Asked to Pass a Law Against Soles ltooort of Work on Coast for Month. Washington, D. C, Dec. 29. That the attack at Dalny by Japanese and Chinese on the American vice-consul foreshadows anti-American disturb ances is the belief of the officials here today. The Japanese government has been asked for an explanation and the severe punishment of the offend ers is demanded. The report received at the state department Indicates that Vice-consul Williamson barely escap ed with his life. Officials Are Silent. Manila, P. I. Dec. 29. Although the officials are still silent about the discoveries made when they conducted the raids on the Japanese quarters in seorch of hidden explosives the ac tivity against the Japanese In Manila indicates that startling conditions were unearthed. One Japanese reported to have been the operator of a mysterious wireless outfit has been deported and another. it is said will be tried for concealing explosives. Rumors are still thick that a plan to mine the harbor has been nipped. Law Against Splc. Washington, D.. C, Dec. 29. Con- gross will be asked soon to enact leg- slation against foreign spies as a re sult of the present agitation at Ma nila against the Japanese. A law for the same purpose will be also asked of the Filipino assembly. Reports say that wholesale spying y Japanese both In the island pos sessions and on the Pacific coast has een going on for months. MAYOR HAS PLAN' FOR BETTER STREETS WOULD DIVIDE CITY INTO IMPROVEMENT DISTRICTS Citizens to Bo Given Opportunity to Vote on Proposed Amendment to Charter Present plan Unfair Citi zens May Also Vote, on Street Clos ing. Pendleton is at last to have an op portunity to build good streets If the night meets with success. The mayor Murphy at the council meeting last night meets with success, he mayor pointed out that under the present charter It would never be possible to Improve the condition of the streets to any great extent. Inasmuch as all expenses of such Improvement is as sessed to the abutting property. This plan, he declared, was exceedingly unjust and unequitable because of the fact that a few were compelled to pay for the benefits which many de rived. The system advocated by the mayor was the division of the city into im provement districts by wMch the property owners In one community would pay for the Improvements pro rata. This plan seemed to meet with the approval of the entire council and it is very probable that an Initia tive bill to change the present char ter will be drawn up and the peti tion circulated so that the people can vote on the proposition at the next election, which occurs towards he end of February. O.-W. R. X. vs. City. A second matter which the people of the city may be called upon to de cide under their Initiative prilleges Is the question of whether or not Aura and Lilleth streets shall be closed In order to give the railroad company mnro grounds. This matter has been up before the council for Beveral months but. In the opinion of Mayor Murphy, Is too great an Issue for de cision by that body. He himself feels that the streets should be closed be cause, he says. It is apparent that the O.-W. R. & N. company needs more space If thoy are to carry out the work they contemplate. More Rooiy, For Library. There was not much other business 'transacted by the council last night. A petition was rend from the library board In which the council was ask ed to fit up one of the new rooms In (Csatlmuea an page five.) POWDER BETS SIX VICTIMS Premature Explosion of Four Thousand Pounds of Powder Results Fatally. EL PASO,. TEX AS. SCENE OF LATEST HORROR Half Hundred Men, Women and Chil dren More or Less Seriously Injur ed Imprisoned Miners Prevented From Escaping by Dead Bodies of Companions Work of Rescue Slow and Dangerous Steam Shovel Aids in Removing Debris. El Paso, Texas, Dec. 29. Two men are known to be dead, four others are believed to have perished, at least 50 men, women and children were injur ed, and a number of small houses were wrecked by an explosion of nearly 4000 pounds of powder in a huge slag pile at the EI Paso plant of the Am erican Smelting and Refining com pany yesterday. Three men are still Imprisoned. The dead and missing are Mexicans, and no accurate list of. the names can be given. Three tunnels had been bored in the slag pile by the El Paso and Southern railroad for the purpose of removing the slag from the road bal last. A premature explosion of pow der in one of the tunnels, where a gang was at work filling in back of the timbering, burying four men. Foreman John Sikes, who was stand ing near the mouth of the tunnel. was blown 20 feet away, and suffered a broken collarbone and other painful injuries. The shock of the explosion caused the slag to slip, blocking the en trances to the other two tunnels. Just I how many men were working In these tunnels, is not known but six were rescued alive and two dead bodies were recovered. Three men are im prisoned, but alive, and are pleading with rescuers to save them. The four men buried in the tunnel where the explosion occurred, are most likely dead, as they have .been entombed more than nine hours. A steam shovel was placed in coi.i misslon to assist in reaching those inside the tunnels. Able to Talk. At midnight Eustavo Aguiliar was still confined in the third tunnel where the disastrous explosion occurred and there seemed little likelihood of his rescue before morning. The man is partially buried in slag, but Is able to talk to the rescuers. At 10 o'clock Joaquin Chaparra was taken alive from the first tunnel after 12 hours' imprisonment. He was pre vented from escaping sooner by the dead body of a fellow workman, which completely blocked the passage. The rescuers finally reached and fast ened a rope to the body and it was dragged forth. It proved to be that of G. Domtnguez, who had been re ported alive. A large force of men worked des perately throughout the night to res cue the Imprisoned men and recover the bodies. The work was slow and laborious, and the crumbling slag re tarded operations. The fact that 200 cans of powder remained In two of the tunnels lent an element of danger to the situation. No demonstrations accompanied the rescue of the men and bodies. By o'clock the crowds had dwindled to those actually engaged in the rescue work, and the families of the impris oned workmen remained quietly in their homes. It is considered remarkable that the lost of life was not greater, as hun dreds of children were playing in tho vicinity of the slag dump at the time. Aviator Falls. London, Dee. 29. Failure again marked the effort of Lorraine to fly across the English channel. He took a trial trip first and found his machine faulty. He Is after the J 20.000 prhte. IIOXDURAX REBELS DEFEATED TROOPS. Puerto. Cortez, Honduras. Dec. 29. The first skirmish between the revolutionary forc es under Former President Bonilla and the federal troops was fought today near Cape Orceins. The rebels won and with the disorganized govern ment forces fleeing before them started on the march to Te gucigalpa, the capital. The rebels number approximately 3000. Bonilla and Lee Christmas, an American adventurer, are heading the revolutionists. They arrived this morning on the gunboat Hornet. Their arrival was a signal for the opening of hostilities. ! i ! ! I !