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