V. EVENING EDITION EVENING E0ITI0II WEATIIEH REPORT. Rain or snow and colder tonight and Friday. Calling cards, wed ding stationery, com merclal atatlonery and ' Job printing to order at the East Oregonlan. COUNTY OFFICIAL PAPER CITY OFFICIAL PAPER. VOL. 23. PENDLETON, OBEGON, THURSDAY. JANUARY 19, 1911. NO. 7115 E AGAINST COE Further Suit Filed in Circuit Court by Attorneys for Fur nish Element. St'IT BROUGHT TO COLLECT SUM OP $125,000 Attorney In Complaint Charge Misap propriation of Funds Agalmtt Col onizer of Furnlhh Project Due Had Admitted Vurt of Shortage. There was a new development In the famous Furnlsh-Coe controversy this afternoon when suit was filed In the local circuit court by Attys. C. W. Fulon and Raley & hnley for the Inland Irrigation company, the Fur nish Ditch company and W. J. Fur nish against Henry W, Coe, (he Co lumbia Land company and other par ties as nominal defendants in order to make up the Issue. The complaint Is a lengthy affair, covering 138 pages of . closely typewritten rnatler. In brief the suit Is for the collection of $115,000 and alleges that Coe and the Columbia company were short In their collections made on sales of lands and water rights of the Inland Irrigation company, while Coe was acting as agent, and It calls for an accounting by Coe and the Columbia Land company to the Inland Irriga tion company and to the Hlbernla Savings Bank of Portland which was the trustee named under the bond Is sue. The complaint sets forth the orig inal contracts between the plaintiffs and the defendants and afterwards aets forth numerous violations and breaches of the contract by Coe and his sub-agent, the Columbia company. The peculiar showing made by the complaint is one to the effect that bonds were Issued on the properties of the Inland Irrigation company to the extent of 280,000 and that of these bonds, W. J. Furnish was holder of $260,000 and other parties of the re maining $20,000 and that under the contracts Coe was to sell the lands and water rights and pay all proceeds of such sales to the Illbernia Savings bank, which institution should there after pay Interest on the bonds after paying to Coo a commission of 25 per cent of such sales for his services as agent. Coe claims to have sold about $300,000 worth of the property but. It Is alleged, has turned over to the trustee sufficient money only to re deem $25,000 of the bonds and that Furnish still holds $235,000 of such bonds. It Is complnincd that Coe misap propriated funds and applied them to his own use In the building up of Stanflcld, Ilermlston and other prop erties not In any manner connected with the Furnish project. It Is fur ther charged' that on juty 7, 1910, the plaintiffs discovered a misappro priation on the part of Coe and call ed upon him for an accounting and that at that time Coe admitted he was $103,091.81 short In his accounts, but that since that time the plaintiffs have discovered a far greater short age than admitted. It Is further charged that Coe had taken a largo number of notes aggre gating $20,000 or $30,000 for back payments on land sold arid had taken such notes In the name of the Co lumbia Land company Instead of the Inland Irrigation company, and that Instead of turning tho notes over to the trustee for redemption of -he bonds, applied them to his own use. A large number of such notes are cited and It Is alleged that the Scan dinavian American bank of Portland and other banks now nold such notos. The list of theso notes with the aTtiounta are set out. It Is also charged that Coe made many deals whereby ho received a commission and profits on the lands of the Inland Irrigation company. That he concealed from the company and that he applied these funds to his own use. An.extonded list of such Instances Is made. Coe and the Columbia Land Co. are further charged with numerous acts of fraud and deception which are Jet out in full in the complaint with the dates, amounts and parties being giv en In each Instance. MAD Wlckcralinm to Speak. Syracuse, N. T Jan. 19. United States Senator Root Is presiding and Attorney General Wickersham will deliver the principal address at the annual meeting of the New York Bar v association, which convened here to day for a session of two days. Olwervo Loo's nirtliday. Atlanta, Ga., Jan. 19. Gen. Robert JB. Lee's birthday4 was observed to day" by Confederate organisations throughout the South. The anniver sary Is a legal holiday In this state, Florida, North Carolina, South Caro line, yirglnla, Alabama and Arkansas. Electricity is now being used In fix ing dyeing solutions. SIX MINERS KILLED NEAR HELENA. MONT. Helena, Mont, Jan. 19. As a re sult of an explosion In the Keating mine at Radersburg, 40 miles from here, this afternoon, six miners are dead, or are badly injured and there Is an unconfirmed rumor that two more men are somewhere In the workings. Thf dead: Ed Ryan, shift boss. Dan Ryan, his brother. Wan Whyte. Percy Way. Louis Tucker. , Harry Abbott. The Injured: John Russell, both arms broken. Alexander Westlake, leg broken. Pending an Investigation of the ex plosion, the officials of the Keating Gold Mining company said only thut the men named had been killed and Injured; that no one below the 300 foot level of the mine was Injured. All the bodies were recovered and the men working below the 300-foot level were taken out through other than the main shaft. HALL PLAYER'S DEATH MAY REVEAL A CRIME Monroe, Wash., Jan. 19. Analysis of the stomach of George Allen, a ball player who died last week, Indi cates he died of arsenical poisoning. The authorities today began an in vestigation. In the meantime the funeral of Allen's mother, who died the day before he did, is postponed by order of the coroner. Five other members of the Allen family are seriously ill from a complaint slml lar to that which caused Allen's death. A Written Portrait. London, Jan. 19. George V. has been presented by Rabbi Llpkin, of south Africa, with on so.uuo-wora biography of King Edward, written In minute script and so cleverly ar ranged that It presents, when held a,t a distance, a portrait of the late mon arch. E O'NEAL GUILTY MORE CRIMINAL WORK IX CIRCVIT COURT Weston Burglars Occupy Time During Forenoon Grand Jury Returned Three Not True Hills Yesterday. After deliberating for over an hour yesterday afternoon, the Jury In the case of the Stale vs. Mike O'Neal re turned a verdict of guilty as charged but recommended to the court that the defendant be paroled and this recommendation will probably be car ried out. O'Neal was charged with obtaining money under false pretenses by presenting a forged check to J. H. Taylor last Christmas day for $26. but the testimony clearly showed, that, while technically guilty, the defend ant, who is nn old Bheepherder, had been made the Cupe of a clever check artist and, for this reason, the pa role was recommended. Burglars Arc Fp. The entire morning was consumed with the taking of testimony in the case of Jack McCarty, charged with larceny from a dwelling. The de fendant Is accused of entering the dwelling of Jess York near Helix nnd taking a razor and a fifty cent piece, and although he denlop It and Is sub stantiated by his pul, James Blake, who tacitly admits that he Is tho guil ty party, the state has Introduced evi dence which mnkes the case against him clear and unmlstakeablc. It was also shown this morning that Mc carty was probably sentenced to the Kansas penitentiary nt once time un der he name of Dave Bradshaw and is now wanted in that state for breaking his parole. The case of Blake, who Is charged with receiving stolen goods, will also come up this afternoon. Both men are being defended by Attorney J. P. Neal of Freewater. Grand Jury Reports. The grand Jury late yesterday after noon returned three not true bills, one against Dan McCarty, Implicated with Charles Bowers In the robbery of the Koch second hand store, and one each against Fritz Benson and J. L, Sllvcrton, charged with the theft of a dead goose at Hermlston. Sev eral Indictments will probably be re turned this evening. CALIFORNIA IS FOLLOWING FOOTSTEPS OF OREGON Sacramento, Jan, 19. California's Initiative, referendum and recall bill la ready for presentation to the legis lature. It takes the form of two amendments to the constitution, mod eled along the Oregon system. Tho governor and his nearest political ad herent have been working two weeks to perfect the measure. Eight per cent of the voters preceding a gen eral election can Initiate or petition for a new law or constitutional amendment under the bill. TE IS Heavy Damage Inflicted Salem and One Life Already Been Lost. at Has ALL ItRIDGES OUT XEAH CAPIT'.'. CITf Heavy lining and Floods Demoralize Railroad Traffic in Western Ore gon Portland ' Basement Are Flooded and Further Damage is Exjiected. Salem, Ore., Jan. 19. The most dlsasterous flood In years is now on. Conditions are growing worse hourly. Many homes are already flooded and practically every bridge in the city Is gone. The City IS damaged $50,000, and private homes $20,000. The Wil lamette , has risen 15 feet In. forty eight hours. Joshua Smith, aged 64, a farmer entering the city on horse back last night rode into the river where the bridge had gone out and was drowned. . At Portland. Portland, Jan. 19. Itains which are ending today after beginning Tuesday are the heaviest since 1883. They have demoralized railroad traffic north, east and south and crippled the telegraph lines in the Willamette val ley. Washouts near Salem stopped the Southern Pacific, also the trains to Seattle, and the O.-W. R. & N. The Willamette is rising rapidly, and win be at a dangerous stage tomorrow. Already a number of basements are flooded. Oilier Towns Affected. At Oregon City the paper mill of ficials are preparing for a rush of water down the Willamette. They are apprehensive. At McMinnville the low lands of the Yamhill river are inundated. The river has risen 2S feet in 24 hours and is still rising. Farmers are moving to the highlands. At Corvalls many basements and streets are flooded. Mary's river 1? rising raplly. It is already elevated 21 feet. GRILLS OH) PLAN OE ELECTION Washington, Jan. 19. Speaking on the resolution submitting a constitu tional amendment providing for the direct election of United States sena tors, Borah of Idaho, today branded the present system of selecting sena tors as vicious and out of date. He said for the past twenty years pro longed contests In legislatures have fully illustrated the present system. He said some times an election oc cupied the entire session, to the ex clusion of important business. In the same period charges of bribery and corruption connected with elections. When patronage enters Into the con test the whole affair becomes a dis grace. Borah mentioned the Lori mer Incident as an Illustration of how a man could hold a seat despite brib ery charges. Judge T. P. Glllilnnd came in from his ranch at Pilot Rock- yesterday and !s spending today In the city. WAIT ON CITY COUNCIL WOULD PROVIDE IMPROVEMENT DISTRICTS At the regular meeting of tho citv council Inst night, the street commit tee presented a preliminary draft of an amendment to the charter which will be a great factor In securing for Pendleton Improved streets. By It, Instead of the cost of such Improve ments being taxed up to the abutting property, nil of the property which Is benefitted to any extent will be re quired to share In the expense. When any street lmprovcmnt Is dclded up on by the council, the city engineer will draw up a plat showing, In his estimation, what property Is benefit ted and to what extent, but the coun cil will reserve the right to reject or change this pint as It sees fit. This plan Is known as the Improve ment district plan nnd is In voguo In many cities throuchout the northwpst. Tt is ffenernllv mnonAnri that tu. ent plan Is unjust and often results In the confiscation of the property along the streets improved because such property Is made to bear all of the expense. All of trfb councllmen were In favor of the new plan, but Councilman Strain, while admitting that It was vastly superior to the SENATE FIGHT OVER ASYLUM Nottingham, 8owerman and Others Defend Selection of Former State Board. DEBATE ARISES OVER COMMITTEE APPOINTMENT Local People Expoet Legislative Com mittee to Make Week-end Trip to lVndletoit Plans Being Made to Entertain Members. -- i Ealem, Ore., Jan. 19. Soreness over the selection of the eastern Ore gon asylum site came to the surface in the senate this afternoon when a resolution, calling for the appointment of ja Joint committee to Investigate the site came from the resolutions com mittee with a recommendation for passage. Nottingham led off in an attack on State Treasurer Kay. Not tingham said he resented the insinat tidns against Bowerman over the choice of a site, aa a political trick. "Vfe gave particular attention to the quality and usefulness of the land and may have overlooked a building site," said Nottingham. Joseph replied and declared the ex istence of such insinuations are the best reason for a full Investigation. Bowerman then took the floor and en tered upon a detailed defense of his action in choosing the site. Committee Expected Saturday. In local circles it is now believed the legislative committee win make a week-end trip to Pendleton for the purpose of inspecting the asylum sites. Preliminary preparations are now being made towards accommo dating and entertaining the commit fes while here. The arrangements are"being made by the board of man agers of the Commercial club. Railroad Men to Speak. Beamont, Tex., Jan. 19. Hailroad and business men of state and na tional prominence will speak at the anuual meeting today of the Beau mont Chamber of Commerce. SLIDE BLOCKS ALL TRAINS FROM WEST Pendkton has had no train service from the west since last night and It is probable that no eastbound trains i mil unive mini iaie mis evening. This disarrangement of the schedule was caused by a landslide somewhere between The Palles nnd Portland. The local O.-W. R. & N. people have re ceived no details as to the accident other than that no trains were caught in the slide, but they are of the opin ion that the point In the vicinity of Cascade Locks where other sildes have occured In the past is the local ity of the present trouble. The trains are being routed by way of Wallula to Umatilla, and while it Is reported that the first train will reach here about six o'clock this evening, It is quite likely that It will be a much later hour. Allle Slusher spent last night In the city, returning this morning to his ranch at Nolln. present one. thought that the plan of levying a tax on nil city property, both real nnd personal, would be still more Just and equable. The council decided to ask Presi dent Thompson to call a meeting of the Commercial association to con sider the proposed plan, and, if the endorsement of that organization was secured, to circulate a petition to have It voted on under the initiative at the next election. Boost for Frisco Fair. Resolutions were adopted by tho council last night recommending that the state legislature make a liberal appropriation for the Panama-Pacific exposition to be hold in San Francis co In 1911. Other Business. On reoommendatlon of the mayor, the Newport Land and Construction company was paid $60 for a pile of crushed rock which has stood for some time In the Byers' grove. The annual report of the water commission was read which showed the receipts for the year to have been $25,110 and the disbursements to hnvo been $16,053.87. WRECK OFF EUREKA Eureka, Cat, Jan. 19. At an early hour this morning the steam schoon er Lakme, wih a crew of 15 men, Is drifting helplessly before a hurri cane toward the shore at Cape Blan co. Two desperate efforts to get the men off her were frustrated by the stormy sea. Oil Is now being thrown overboard and It Is believed that a second attempt win be made to launch a lifeboat. The Lakme, which Is bound from Coos Bay to San Pedro with a cargo of lumber, became waterlogged yes terday afternoon. She reported her plight by signals to the wireless sta tion at Cape Blanco. The operator there sent out a "S. O. a." message to any vessel within hearing, and the call was picked up by Standard Oil' tank steamer Asuncion, the passenger steamer Watson and the steamer Ar gyll. All three went to the aid of the Lakme and stood by for some hours. Wireless reports from Table Bluff say that the Lakme put out a life boat but .the frail craft w-as smashed against the side of the sUamer by hurtling waves. During the evening a line was passed successfully to the Watson, but before any of the crew could leave, the line parted. To Rescue The Lakme. San Francisco. Jan. 19. The reve nue cutter McCullough sailed today from Sausallto to aid the schooner Lakme. She will stand by to rescue the crew as soon as the waves sub side. REVOLTING MURDER REVEALED IN CHICAGO YESTERDAY Chicago, Jan. 19. Hacked pieces of the body of an unidentified Italian were found In an alley here today. A short bloody ax and revolver near by told the story. The flesh was hacked off In large chunks. It Is believed the victim was a tailor who scabbed during the recent garment workers strike. The police think foreign garment workers are guilty. JAP CABINET QUITS DURING SWIFT STORM EXECUTION OF SOCIALISTS MAY NOW BE PREVENTED General Protest Over Intended Exe cution of 21 Men Causas Three Ministerial Leaders to Resign Their Offices. Tokio, Jan. 19. Daunted by the storm of protests which have pour ed In since the sentencing to death of 24 socialists yesterday for alleged conspiracy to assassinate the Mikado, Premier Katsura, Minister of the In terior, Hirata, Minister of Education Komatsudara, Minister of Agriculture and Commerce Oura, the three most powerful cabinet members tendered their resignations today. It is believ ed the now world wide petitions for the commutation of the sentences of the socialists will go direct to the Mikado, and possibly may be grant ed. The action of Katsura and his col leagues is hailed by Japanese social ists as an Important preliminary vic tory in the fight they have started to save Koteku and his fellow con victs. Sentences Commuted. Tokio, Jan. 19. Save Gotoku and his mistress, the socialists under death sentences, were commuted to impris onment at various terms today. PERMANENT TARIFF BOARD HAS BEEN AGREED UPON . Washington, Jan. 19. A perma nent tariff board along the lines of the Dalzell bill was agreed upon by the 12 republican members of the house ways and means committee to day by a vote of 8 to 4. The action followed a series of conferences over the various plans for a permanent tariff board which President Taft has been urging congress to provide at this session. Today's action was taken after a long discussion of the two leading plans, the Longworth bill, favored by the administration, and the Dalzell bill. The Longworth bill provides for a commission of five members at $7600 each annually, and the Dalzell bill for three members, the chairman draw ing $7600 and the other two $7000 each. The Dalzell bill authorizes the board to Investigate anywhere, though the president's consent Is ne cessary to Inquire abroad and the re ports are to be made to the president or the house ways and means com mittee, or the senate finance commit tee, whenever called for. At T aco ma. Tacomo, Jan. 19. Trains are slow ly regaining their schedules. Two hundred men worked all night to clear the tracks. T FOB BALLINGER Senator Fletcher ot Florida Upholds Minority Reoort of Investigation Committee. SAYS UALLINGER IS "JUST WITHIN LINE" Accused Secretary of Desiring to For ward Claims of Cunningham Peo pleSent Inexperienced Lawyer to Content Claims. Washington, Jan. 19. Declaring; Ballinger is Just within the "line of criminal guilt," Senator Fletcher of Florida, today spoke in the senate en dorsing the report of the minority in vestigating committee. He said peo ple are not satisfied to have officials barely keep within the law. while pursuing a course of "neglectfulnecs and unfaithfulness." He said that the record of the investigation it appeared:, that Ballinger as a lawyer and as sec retary of the Interior fully sympathls- -ed with the coal land claimants and. desired they be given patents. He re- ferred to the Cunningham claims. Fletcher said: "No where did Bal linger want the law enforced. If-" they violated the law, he held the law absurd. Nowhere Is he shown safeguarding the people's interests. He always seemed to feel it'his duty to look out for private interests and to entirely lose sight of the fact that, the people's property was at stake.'" Fletcher declared It "positively wick ed" in Ballinger to send "a young' lawyer only a year out of college" to the Pacific coast to djefend the gov ernment's Interest In the Cunning ham claims. ": J. PIFRPOXT MORGAN GETS ORIGINAL TWAIN MSS. New Tork, Jan. 19. J. Pierpont Morgan has " purchased the original manuscripts of several of the famous works of Mark Twain, including Life on the MIssIssIddI" and "Pnd- dln Head Wilson." It is understood that Mr. Morgan intends to secure an tne Ulemens manuscripts with the purpose of nlaelne them in soms mu seum where thev mnv be Dreservwl for future generations. Several of the manuscripts will be sold at auction. and. in addition to the sale this month, another will be held next year and a third in 1913. It is said that the original manu scripts of some of Mr. Clemen's most ramous works. Including "Tom Saw yer," "Innocents Abroad." "Roiurhinir It" and "Huckleberry Finn" are miss ing from his effects and have not yet been located. There Is good author ity for the statement that Mr. Mor gan's representatives will bid In all that are offered, In order that the originals of the works of the great American author may not be scatter ed and lost. SAYS HOBBLE SKIRT WAS SUPREME TORTURE Portland, Ore., Jan. 19. Declaring her hobble skirt was an Instrument of torture and that she could not wear it, Miss Mildred Powers, a court sten ographer, appealed to the law for re dress against her tailor. "I had to walk home because I could not get aboard a street car," she said in her testimony. "I could hardly breath, I almost fell down three times and I was ill on account of it." Judge Olson of the justice court was called to adjudicate the vexing question. That the court might see the offending garment. Miss Powers withdrew and donned the skirt. She returned to the court room with the dress unhooked to show that one al one could not fasten It. Friends pulled and tugged and Miss Powers grew red in the face as the hooks were drawn Into place. It was contended that the garment was too skimpy, not complying with specifications furnished the tailor and the owner of the hobble gown told the court it was "simply ridiculous." Fortunately for the peace of mind of the judge, an agreement was made between the two after the case had proceeded for some time whereby the matter was satisfactorily settled. DOGS FAITHFUL TO MASTER UXTO DEATH Portland, Ore.. Jan. 19. Their mas ter killed while hunting, two faithful dogs of August Long stood watch over his dead body during a raging storm until a searching party came to find him. Even then they could hardly be called from the side of their dead master and rescuers had to toll them away with strips of vent son, cut from the carcass of a deer tho hunter had killed. Only In this way could the men gain possession of the corps, over which the dogs kept guard. Long was a farmer of Colum bia county and he died as the result of a fall while in the wooCs alone. Ml 'J 4 i