Jjtfl ' ..... , J ' -r ' .yKZlJ' EVENING EDITION EVENING EDITION WEATHER REPORT. Show its tonight and Wednesday. Calling cards, we. ding stationery, com mercial stationery and Job printing to order at the East Oregonlan. COUNTY OFFICIAL PAPER. CITY OFFICIAL PAPER. VOL. 24 PENDLETON, OREGON, TUESDAY, 31 AY 2, 11)11. XO. 7202 WESTON FIRE CHS VICTIM Eph Williams Dies from In juries Received by Jumping from Building PROPRIETOR OF HOTEL IS A HEAVY IiOSER J. X. KIclii Stilton That II 1m Lows Will 1W $7000 Only Ilirtlully Covered Ily Iniuiraiicc Proprietor Will Continue RuHlnotts A the Mursliall IIouhc. Dying at the county poor farm yes terday from the result of Injuries sus tained while escaping from the burn ing Hotel Royal early Sunday morn ing, Eph Williams today lies a corpse ln the Folsom undertaking parlors. Wllllums waa asleep in his room at the time the fire broke out and when he was awakened every avenue of escape was cut off except the win down. Hastily tying two sheets togeth er he began lowering himself down but the sheets became untied from the strain and he was precipitated to the ground with the result that his hip was broken and his head badly bruised. He waa brought to the poor farm out from this city, but medical science could not save him. Klein IxiHt Heavily. According to J. N. Klein, proprie tor of the burned Hotel Royal, he Is a clear loser by the fire to the extent of about $S600. He valued his hotel And furniture at $7000 and he had It Insured for but half that sum. Con sequently he is a heavy sufferer. At this time Landlord Klein Is pre paring to conduct his hotel business in the Marshall house, the brick building farther up the street which he has had leased as an annex to his hotel. He does not own that build ing but owns the furniture therein. Klein personally owned the Hotel Royal building a well as the con tents. Origin a Mystery. At the time of the fire Mr. Klein, his wife and their younger child were all Bslecp in the room on the first floor of the hotel building. He was awakened by the noise of falling glass and rushing to the office found that the entire room was a mass of flames. Quickly getting his wife and child out of danger the landlord then strove to get the others to safety. His old er son was sleeping In a room on the second floor and there were two guests on that floor. Other regular roomers at the hotel were at Walla Walla that evening, having gone over to the aviation meet. So fiercely was the building burn ing that Klein could not get to the second floor, but he shouted himself hoarse In his efforts to rouse the sleepers. He was afterwards Inform ed that they did not hear him at all. However, they all awoke and made their escape, though all three were more or less injuured In doing so. Hid Xot I'bo Ropes. According to the landlord he had provided each room on the second floor with a rope that could have been use in making the descent to the ground. But so excited dlJ his on and the guests become that they did not think to use the ropes. His son Improvised a rope by using a sheet, but It broke or slipped and let him fall. JUWNESE EXPEDITION FAILS TO REACH SOUTH POLE Toklo, May 2. Lieut. Shirase, the leader of the Japanese expedition for the South -pole who swore to succeed or die, has failed and Is alive. DIs patches from Sidney today tell of the return of the party, who expect to leave soon for Japan. The expediti on reached 74 degrees and turned back on account of cold on March 10. Captain Scltt, English, Rael Amund son, Norwegian, and Captain Mayson, an Austrian, are now racing to the pole. ROYAL PETROLEITM COMPANY TO COMPETE WITH STAXDARD San Francisco, May 2. With oil wells In every section of the world, capitalized at half a billion, the Royal Petroleum company, a Dutch cor poration, will enter th local field In competition with the Standard oil company. It has successfully fought the Standard In Europe and now pro poses to carry the fight Into the United States. It will soon open of fices nere and at New York also. DECISION IX STANDARD CASE MAY HOLD OVER Washington, May 2. With only two days remaining of the present term It seems unlikely that tho su preme court wilt announce decisions In tho Standard Oil and American Tobacco company cases. If it goes over there will be no decisions until court convenes next October. O TEX THOUSAND STIUKE OX PEXXSYLVAXIA ROAD Pittsburg, May 2. With from seven to ten thousand already out additional walkouts arc ex- pected by the Pennsylvania rail- road offlclulB who are preparing for a bitter struggle with the shop men. Tho union officials charge the railroad began sys- tematlcal fl; agalnt organ. Ittctt labor by dropping the un- loll men whenever convenient. General Manager Long denies this. Strikebreakers are being Imported to the PIttcaIrn shops also to Altourn. STOCKMAN WILL BUILD COSTLY LEVEE JOE VEY PLANS TO FARM RICH LAND TRACT Ily uhc of Tactlou Engine lie is Clearing Land of Trees and Brush Ivy Will Hold Out Waters of Umatilla River. While the United States govern ment and a numberof private com panies ure spending fortunes to re claim thousands of acres of Umatilla county land by directing the waters of the .river over a thirsty area, Joe Vey, well known stockman of this county, is spending a part of his accumulated wealth In reclaiming a tract of land near this city by building a levee to divert tho waters of the river from tho land. Recently he purchased the McKay tract about a mile east of the city limits from O. M. Rice and Im mediately set to work to make til lable land which has heretofore only served as pasture. T.nere are about 200 acres In l; tract and it is rich bottom land but it has been so covered with large balm trees and dense undergrowth of al ders, crabapple thorn and other brush that clearing of It has always seemed too difficult for undertaking. Vey, howevcr, thought he knew an expedient way in which to remove the trees and brush. Securing a large traction engine and a strong cable he set to work, and has been clearing the land at the rate of an acre a day. The cable Is fastened about trees and brush and the engine tears them out, roots and all. HulkU Costly Levee. The undergrowth on the land, how ever, has not been the only obstacle in the way of tilling the soli. Every win ter the Umatilla river rises above Ita hanks and all of this land is over flown and Inundated as It lies In a bend of the stream. To overcome this Mr. Vey has let the contract to Mon terastelll Brothers of this city for the construction of levee which prevents this overflow. This undertaking will cost several thousand dollars but Mr. Vey consid ers the expenditure of the money a good investment for he asserts, when (Continued on-page eight.) YOUNG LADY SEEKS TD The unusual case of a young lady seeking admission to the practice of law came to the notice of the supreme court yesterday In this city. Miss Wayfe Hackett, stenographer to At torney Jay Bowerman of Condon, was the young lady In question -and she looks to be scarcely out of her teens. Her examination was made by As sociate Justice Moore but It haa not yet been announced whether or not she was successful in her efforts to gain entrance into a field which Is almost monopolized by men. There are six other applicants for admission to the bar and these are being given a rigorous examination by the committee consisting of Stephen A. Lowell, Sam Van Vactor and C. E. Cochran. The applicants are C. P. Judge of Portland, George E. Allen of Sumpter, Harold H. Clifford of Baker, W. T. Miller or Wallowa. Roh ert Service of Baker and W. J. Grlf fen of Wallowa. Argalus W. Gray of Stanfleld Is seeking admission to prac tice on a certificate from North Da kota. A number of cases have come up before tho supreme court today. The Union county case of tho State of Ore gon vs. Dell Kennedy et al, and the Grant county case of William Hanley company vs. J. Dy Combs were con tinued for the term. The Union county case of Anna Ol iver vs. Fred Synhorst was argued and submitted as were the cases of State of Oregon vs. P. D. McDonald and tho O. R. & N. company vs. Coolldge from the same county and tho Wal lowa county case of the State of Ore gon vs. 15. T. Schleur. Tho court yesterday mado a new ruling to the effect thnt no case would Iw considered In which call of th luiefs wore not filed. Heretofore, at torneys hnve boon permitted to nr Mio their cane and file their briefs af terward. This ruling will probably nuoci several oi mo cases ponding, BOTH HOUSES ARE CORRUPT Burns Says Ohio Legislators Are Biggest Grafters He Ever Encountered. DETECTIVES TESTIFY BEFORE GRAND JURY TODAY Ohio Senutors Declare They Took . .Money for the Purioso of Bring ing the KtiMM'd Lobhlsts to Jus tice mid With no Other End in View Thin Will be Defense. Columbus, May 2. Following the arrests of thre Burns' detectives for attempts to bribe members of tho statu legislature the impression is general today that the eagerness of the sleuths to clinch a case has be trayed them.' Senators Andrews, Cen tone and Huffman are among those who admitted taking the money. They declare they did it for the purpose of bringing the supposed lobbists to Jus tice and with no other end In view. This, it Is said, will be the plea of all the members who accepted the de tectives coin. Both Houses Corrupt. Detective Burns who arrived today said that the legislators involved were the biggest grafters he has ever en countered. Both houses, he stated, are most corrupt he haH ever investi gated. Burns detectives testified be fore the grand jury today. They claim to have cases cinched against legislators. , BREAK OUT AFRESH San Diego, Cal., May 2. Hostilities have broken out afresh along the bi.rder and In the last brush near To carte three Federals were killed, and the rebel commander who came up on six federals unexpeted was shot In th throat probably fatally. He calls himself Jack Mosby. The other three federals escaped on horses. Later rebels were attacked by some federals who came to their aid. The latest re ports are that 20 rebels are at Te carte while the federals are gathering at Tla Juana to attack them. El Paso. Owing to delay of the ar rival of Judge Carbajal, the Mexican' peace envoy, negotiations probably won't start for several days. Madero seems to be In no hurry though the rebel activity Is Increasing dally In the Senoru and Coahulla states. Oth ers fear that there will be a continu ation of the war If something Is not done In a hurry. ' OHIO WANTS DIRECT ELECTION OF SEXATORS Columbia, Ohio, May 2. The state senate today by a vote of IS to 16 passed the bill for the direct election of United States senators. The bill hag already passed the house. It Is believed the bribery scandal has frightened the senators Into voting for the measure. M'YEAGII FACES $100,000 LIBEL SUIT Chicago, May 1. A suit for $100. 000 for libel was filed here today against Secretary-Treasurer McVeagh by Charles Leach, former collector of customs at Cleveland. He alleges Mc Veagh removed him from office through an accusation that Leach had permitted goods from being removed from custom house without payment. WAS BREEZY Quite a number of local people were at Umatilla yesterday to attend tho Redmen's May day picnic and they report that the affair was a big suc cess and very enjoyable despite a wind late In the day. Among those who were down from Pendleton were James Devlin, a high official In the Redmon; L. D. Drake, advertising manngcr of the East Oregonlan; W. L. Thompson, president of the Ameri can national bank; J. U. Raley, city attorney, and Charles Bond of Bond Bros. Many were also present from Echo, stnnfleld and Hermlston. Hud River Ride. The picnic was hold at the Swltzler ranch on the Washington side of tho Columbia whore there Is a beautiful grove. The ride ncross the river was made on the ferry bout Umntlllii ond all on board entered Into tho spirit of tho festival day. At tho Swltjiler place a ball game' was pulled off In which 1 PICNIC the contesting teams wore picked from r ILL TRY CASE ON HITS Dele nse of the McNamaras' W of ill Not Ask For a Change Venue in Case. PROSECUTION HELD LONG CONFERENCE LAST NIGHT Attorney lYevrlcks Says He Will Look l'in Cuse an (ireat Criminal Charge Without Thinking of the Labor or Capitalistic Side. Los Angeles, May 2. With both sides practically conceding that pub lic op nion is fair, tho Indications are that t'.'.c defence of the McNamaras won't ask for a change of venue. Fredericks said he would try the case on its merits, and look upon it as a great criminal case without thinking of the labor or capitalistic side, al though veniremen's opposition to Otis, the Times or labor, would be made a basis for challenge of the prosecu tion. The prosecution held a long conference last night following the arrival of Attorney Leo Rapport from Ind'anapolls. Happaport Makes Statement. Lee Rappaport, who will be an assistant in the defens of the Mc Namaras, today gave out his first ln tervie in which he said it was merely a cr mlnal case, that unon labor was. not affected by It and that he believ ed the men would be found not guilty. SEEKS TO DISMISS MABEL WARNER CASE ! There was another development In the famousi Mabel Warner case this morn ng which may prevent its ter mination at the present session of the supreme court. Attorney D. W. Bai ley this morning filed with Deputy Clerk Moorhouse a motion to dismiss the appeal which Attorneys Fee, Sla ter and Stciwer, representing the heirs of James Young, deceased, made from the decree of Judge Bean in favor of Mabel Warner. Attorney Bailey bases his motion on two points. First he alleges that the notice of appeal does not suffi ciently describe the decree appealed from or any decree upon which ap peal is sought to be taken and second that said notice of appeal is not sign the decree was rendered inasmuch the decree was rendered in asmuch ' as Caroline Phillips, one of the par ties, was dead before the appeal was taken and that no substitution has' been made. j The motion is accompanied by affi davits, one of which is from Mabel Warner, to the effect that Caroline Phillips was dead before the appeal was taken. The court will probably pass upon the motion tomorrow. I CII1EP OF POLICE COX TENDERS HIS RESIGNATION Portland, May 1. Chief of Police Cox tendered his resignation to the police commissioners today. They re-' fused It on the ground that Cox has not been proven guilty of the charge of malfeseance In office as the In-1 dlctment charges. Therefore the board has no grounds to act. Cox says the' charges are the result of politics and he is made to suffer for the actions of higher officials. AT BUT SUCCESSFUL i the Uedmen lodges of Umatilla and Hermlston. Victory went to Umatilla though an accurate score of the game was not kept. A big lunch was then served to all present and the par ticular feature of this lunch was a mammoth kettle of beans of which all who were present partook and con cerning which . remembrances will long be held. After the lunch the picnickers were taken on the ferry boat again and a trip was mado to a ranch just above Plymouth where a buekaroo program was pulled off. Bucking horses and calves were ridden and some good ex hibitions were given. In the evening a war dance was hold at Umatilla and following the same a gtncrnl dancing party win given In tho! hall at Umatilla, tho dancing being managed by Shownwny tribe. Red men. Music was furnished by the' Pendleton orchetr i and the dancing ' litsted until 2 o'clock. UMATILLA CREW OF SCHOONER IS THOUGHT TO HE LOST Milwaukee, May 2. A two- masted schooner believed to be a trader capsized off Whltefish Bay, half a mile out in Lake Michigan. It Is feared that hcjr crew of at least five rn.en have perished, Life savers have been trying to reach the wreck but thu heavy sea thus far has pre- vented. A large number of lake craft were blown about by last night's storm and many did not dock until this morning. . . RESIGNS HIS OFFICE W. C. E. PRUITT IS NEW DEPUTY DISTRICT ATTORNEY Steiwer Forced to Give up Position by Demands of Private Practice Has Been- Caiable Officer New Deputy is Well Known Man of County. Deputy District Attorney Frederick Steiwer is deputy district attorney no longer and that title is now worn by W. C. E. Prultt. Mr. Steiwer resign ed the office last night and while his resignation was being written out, District Attorney Van Vactor was pre paring the appointment of Mr. Pruitt. The news of this change in deputies comes as a surprise to the public but Mr. Steiwer has been contemplating the step he has Just taken for some j time Inasmuch as his private practice , uemanus an oi nis time and energies. He signified his desire to District At- i torney Van Vactor some time ago but '. was Induced to remain In office for a 'while longer. Mr. Steiwer has held the posltton for three years, having been appointed by Judge G. W. Phelps who was then district attorney. Upon Mr. Phelps' appointment to the cir cuit Judgeship and the appointment of S. S. Van Vactor of Heppner, dlst- , rict attorney, he was retained as dep uty. During his incumbency he has proven himself a capable attorney and an able prosecuting officer. W. C. E. Prultt. who succeeds Mr. Steiwer, Is well known all over the county, having been engaged in public work for a number of years. For the past two years he has been assisting in the county clerk's office but prior to that time was engaged in the prac tice of law in this city. Before his admission to the bar, Mr. Prultt was a newspaper man of wide experience, having at different times been on the staff of the Portland Telegram, city editor of the Pendleton Tribune and editor and half owner of the Baker City Herald. Mr. Pruitt is both ener getic and capable and should fill his new position with credit to himself and to the man who selected him. For tho next few days Deputy Dist rict Attorney Pruin will have his of fices with Raley & Raley, but will ; soon move Into an office of his own. BILL TO BENEFIT (Special Corresponence.) Hermlston, Ore., May 2. The bill that has been introduced in the house of representatives by Hon A. W. Laf ferty, and which the desert land holders of the Umatilla project are so much interested in, reads as fol lows: 62d Congress First Session. H. R. 7038. In the House of Representatives. Be It enacted by the senate and house of representatives of the Unit ed States of America in congres as sembled. That persons who have val id desert-land entries within reclama tion projects and who have complied with the provisions of the acts of congress approved June twenty sev- j enth, 1906. and June seventeenth, 1902, by relinquishing all land em braced within their respective desert land entries in excess of one hundred and sixty acres may assign such en tries, or any part thereof, by legal subdivisions or in tracts not less than five acres In area to other persons, and such assignees upon submitting proof of the reclamation of the lands and upon the payment of the charges apportioned against the same, as pro vided In the said acts of June 27th, 1900. and June 17. 1902, may receive from the United States government a patent for the lands. That such an assignment and the filing of n, water right by the assignee shall relieve the assignor from any obligation for wa ter right payment upon the land so assigned, but the assignee or assignees shall take all assignments made un der the provisions of this net, sub ject to the limitations, charges, terms and conditions of the said acts of June' 27, 1906. and Juno 17, 1902. See; ion 2. That if a survey shall (Continued on page five.) n STORM SWEEPS EAST Two Persons are Killed and Much Damag3 Done to Property. HOST PREDICTED TONIGHT IN GREAT LAKES REGIOK Forecast Predicts Drop of Forty De greesHeavy Damage to Fruit and Crops Is Feared Heavy Electrical Storm Strikes New York State Last Xight. Washington, May 2. Frost is pre dicted tonight In the great lakes re gion, the Ohio valley and Middle At lantic and New England states. The forecast predicts a drop of 40 degrees. It Is feared heavy damage will result to the fruit and crops. It Is estimated that yesterday's storm in Illinois, In diana and the northwest states east of the Rockies ran Into thousands of dollars. In the great lakes region there were heavy winds and thunder storms. In Kentucky and Indiana there were rains and in Nebraska and Colorado there was some snow. Young tilrl Killed. Scranton, Pa., May 2. In an elec trical and wind storm that swept this city last night Mary Finots, 15 year old, was killed by lightning and an unidentified boy had his skull frac tured by a falling sign. Four houses were blown from their foundations, a score of persons injur ed by flying glass and dozens of plat glass windows in 'the business section were shattered. A machine show was demolished by lightning, hundreds of trees were up rooted in all sections of the city, electric wires and trolley cables were blown down and at least 100 homes and business places damaged by wind or lightning. The property damage, it is estimated, will exceed 1100,000 Somerset, Penn., May 2. A ter rific wind which accompanied a thun der storm late yesterday afternoon shattered windows, moved houses and barns from their foundations, wreck ed machinery, uprooted trees and lift ed cattle from the fields, depositing; them in a heap a hundred feet or more away. Hunreds of acres of tim ber and orchards were leveled. Many windows In tw-o school hous es were blown in, causing a stampede of the children, but they were quited by the teachers. Storm n Xew York. New Tork, May 2. A severe elec trical storm made playthings of tele phone and telegraph wires throughout New Tork state last night. The local weather bureau predicts continued high winds for the next 24 hours and It is likely that communication by wire will be badly crippled. At Ithaca a hail storm caused dam age to property and the loss of one life. At Syracuse several houses were blown down and the city was in dark ness all night. In southwestern New York the wind attained hurricane violence and wires are down in all directions to day. The property loss will be very heavy. The St. James hotel at Cuba, N. Y., was unroofed and one man kill ed. BAKERS' STRIKE CAUSES RIOT IN NEW YORK Xew York. May 2. The Doliee "re serves rushed to a half dozen east side points today to quell disturbanc es between the union and non-union Kosher bakers. Indications are that a serious bread famine will result If strike continues longer. There Is a shortage of 75,000 loaves of bread daily. AMUND SON AND SCOTT RACE TO SOUTH POLE San Francisco, Cal , May 2. Delay, ed In transmission from Chr'st, New Zealand where it was filed April 1, Henry Iund, the Norwegian consul general here today received a tela. gram from Amundson which tells of his meeting in the far Antartlc seal with an English expedition headed by Scott. They met at Whale Bay in Ross Sea. The parties are now sup. posed to be chasing for the pole on separate routes. MANY WAR VESSELS ARE IN CANTON HARBOR Hong Kong, May 2. British blue Jackets and marines with rapid fire guns landed In Canton from four warships today to quell the Chinese rioters If outbreak occurs again. No foreigners have suffered yet, but some fear for the missionaries scattered through the provinces. Four British and two French wurshlps and two American and one Gorman gunboat are In the harbor. MRS. OlSTIE M'MAMGAL SI l l'l HS NERVOUS COLLAPSE Chicago. May' 2. Mrs. Ortle Mc. Manipal has suffered a nervous col lapse on account of her husband's ar rest In Los Angeles.