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EVENING EDITION
EVENING EDITION
1 i??.',
, i
VOL. 24
PENDLETON', OREGON, THURSDAY, JUNE !.', 1011.
E
. SI -la"
weather report, f ; J V A ) JS&PO ( RfVV?SIj5K W Cd wd.
night: Friday fair. 5 xV VI Z-r"-rCT!' -r '( f I f-AIl-T VXsJ'Y Jr Vfy job printing to order
r 4,BSEfi3Sa wmmfmtm at the East OregonUn.
COUNTY OFFICIAL PAPKR. ' rrY OFFICIAL PAPBB,
XO. 7210
no MASON
I
REVOLUTION ix
PORTUGAL UNDER way
.
IS ARRESTED;!
!
i
i A
I
!
President of Liberal Junta is
Charged Wilh Violating
Neutrality Laws
r.i;i:x sending mi;.x to
lower California
Liberal .Inula lender Says His Party
Could WIih' Out Madcrti ill Six
.Mourns jr They Hud Plenty o
Money at Their Command Says
Cicntli'iiv llirly Is Strong.
Los Angeles, June 15. In a cell In
the county Jail today where he is
awaiting the hearing before the Unit
ed Mates commissioners on a charge
of violating the neutrality laws by
having men to go from Los Angeles
to Lower California to enter the ser
vice of the liberal revolutionists, Ri
cardo Magon, president of the local
liberal Junta today declared that the
liberals could wipe out Madero in s"x
months If they had money, lie said J
the Clentifice party with millions
back of It are purchasing ammuni
tion and Buppl'es and preparing to
strike a decisive blow against Ma
dero. He asserted that Madero
won t bo in power long, aiagnon re
fused to discuss his arrest.
Itail Is ."0K).
Sympathizers of the Mexican liber
al cause are scurrying around today
tu raise the .'iM0 hail to release
Rlcards Magon, head of the Liberal
Junta; Anselmo Figucron, editor of
the li Regent-melon, the Juntas 1
newspaper, 1 "erado Rivers, the
Junta secretary. They are Jailed fur j
vending recruits into Lower Callfor- j
nia thus violating the neutrality law. j
Magon denies hi' enlisted the soldiers
because he said "He had not the mon-j
to pay them." He said Madero was
behind tin arrests. j
lli-lrlct Attorney Heady.
United States District Attorney Mc
Connlck stated today that he stood j
r ady any time to present the govern-j
meats case against the liberals, but i
li- f.ilrne.-s to them he said, he be
lieved he would give them time to
consult attorneys to prepare for hear
ing Monday.
Dick l-Vrrls Arrested.
San Diego. June 15. Hick Ferris,
an amiiHeineiu promoter, who recent- I
ly d. i lined tin- provisional presidency j
r.t i .... t 'iiffiitiil:i lo.lnv was nr-
1 i. " ' J .11.. t.. t.t.. r...t,.H ! it itia ,-n n m : vri
rested charged with the vl
lation of!1"' "'
neutrality laws. Ferris advertised
f,,r I
1 It.oOO
i-n
to take Iiwer taliiornia. '
FOR STRAWBERRY DAY;
Weston residents are busily en-1
gaged in preparing for the Strawberry
Uuy and Horse Show to be held at j
that phi'V Saturday, July 1. The oc-j
elision is principally for the purpose i
of demonstrating the value of
i , . i t . i . ..
the I
this!
IMoUMWmi soil lor llie I.UMUJ4 ui nn.-t,
ileli. Ions fruit as well as other pro-!
duets. Straw bellies, cream and cake:
will be furnished free to all the vis- j
I tors in attendance, other products;
from tin- mountains will In- on ex- j
hibitlon and suitable premiums and!
piizes will lie given to those making j
the best display.
In connection with the strawberry!
exlilblt a horse show will also be held.
Din ing iho forenoon a literary and
musical program w ill be rendered, ,
and the alternoon will be given over
t. sports and a ball game between
two teams of the Hlue Mountain
le ague. Ira M. Kemp Is the chairman
ol the committee on arrangements
and the public can be assured that
everything will be well conducted.
Pennsylvania Democrats.
Ilariisbnrg, Fa., June 15. Pennsyl
vania democrats climbed on the.
Wood row Wilson bandwagon today at
the state rally of democratic clubs, j
which had the Xew Jersey governor i
ns guest of honor. Thero Is littlo
iioohi. nceordlng to state lenders of.
the party, that Governor Wilson will
receive the vote of tho Keystone
state's delegation to tho democratic
national convention. A state league
of democratic clubs was formed at
today's meeting. The democratic
state committee will hold its annual
meeting here on July 19. but party
harmony has been somewhat shatter
ed by the rivalry between A. O. De
walt of Allentown nnd Georgo W.
Guthrie of Pittsburg, both of whom
claim the state chairmanship.
Mr. nnd Mrs. E. E. Whiting of San
Francisco were here last evening and
while here visited with Captain and
Mrs. C. A. Murphy, Mrs. Whiting be
ing ft. nloce of Captain Muphy. Mr.
Whiting Is a traveling salesman, be
ing the representative of Reiss Bros.
& Co., Chicago.
J. T. Lleuallen
from Adams,
Is In the city today
London, June 15. The dis
patches from Portugal today
state that the long expectcr mon
archists revolution against the
provisional republic govern
ment headed by President Pra
ga is under way. The garrison
at (.'haves near the northern
frontier has mutined and killed
the commander. At Braga in
northeastern Portugal the
Monarchists sacked the news
paper plants and now control
the town. The Lisbon dispatch
es state that the government
Is rushing troops to the affect
ed sections.
.'TEDDY REPLIES 10
LABOR ff MIS
certain newspapers
censured nv coi.oxll
Sii.vm Publications 0nel by Harrison
(irny Otln Are lteMiiisible fur Mole
Ilrutal l'Heraii(s Than AttribuUl
lo Ijibor Leaders.
New Tork, June 15. "Certain cap
italistic newspapers of the stamp own
ed by General Harrison Gray Otis,
have been responsible for more brutal
utterances than those attributed to
any recognized labor leader," says
Colonel Hoosevelt In the current Issue
of the Outlook. The editorial is
headed, "Mr. Gompers. General OCs
and Dynamite Charges." In the ar
ticle Hoosevelt answers Otis' and
Gompers' edlt:r!u'. which had been
answers
to Koosevelt's orig nal edi
torial on the McXamaras' arrests.
After roasting Otis, Hoosevelt replies
to Gompers which he declared was
fair nnd honorable and couched in
respectful language." The colonel
then plead for an even chance for
Justice in the dynamite cases.
MOKMOX I I.ADKK SI MMON!:!)
lU mUI. SKJAIt COMMITTKi:
Washington. June 15. Despite
the
the
protests of Senator Heed smoot,
Hanhvick sugar Investigation commit-
'tee today ordered President Smith of j
j the Mormon church to testify. Smoot
I wrote a letter nsking that Smith be
j excused because Thmuis Cutler of
Salt I,ake City could g've all the tes
timony that Smith could. Hardwick
Insisted on Smith, however, saying
lion or Ule Liaii-ori's'ni rugar com
i j
EXERCISES TONIGHT
Tonight at 7 o'clock will be the
closing exercises of the Umatilla In
dian school at the agency and Major
K. L. Swai t.lander invites all who are
Interested to attend. A number of
local people will avail themselves of
the lactation m nil probability for
the programs in which only Indian
chidrcn partic'pato, arc declared to
be unusually interesting. Major
Sw art f t nder states that the children
have been practicing faithfully and
will go through their drills, recita
tions, songs and other numbers with
out a hitch.
The following is the program ar-
ranged:
Song "Every Morning on Time."
Salutatory Four Children
Hecltatlon Joseph 'Thompson
Song "Sleepyland" . .Esther Motanle
Recitation "When I'm a Man-'....
William Allen
"Good Bye"
Lett'e nnd Stephen Williams
Toasts Ten Boys
Japanese Love Song. . .Emma Johnson
"Summer Vacation".. Samuel Walker
Flag Drill Twelve Girls
History Lesson Two Boys
Recitation "Grandpa's Barn". . . .
Henderson Tatshama
Piano Duet.
A Song of Long Ago. .Emma Harnhart
7.u Zu Drill.
Juno Song.
POMEREXE TAKES SLAP
AT ATTORNEY tJEXERAL
Washington, June IB. Speaking to
his resolution directing the depart
ment of Justico to bring criminal
prosecutions ngninst tho personal de
fendants in tho standard oil, nnd Am.
rrienn Tobacco cases, Senator Pom
ereno. democrat, Ohio, took a slap at
tho attorney general for not prosecut
Ing Rockefeller. "Rockefeller's pnth
way Is marked is marked by moro
victims whoso business careers were
ruined by unlawful methods than any
man in ihe industrial history of Am
erica,, yet ho Is unwhlpped by Jus
tlcc," said the senator. "No statute
wns ever moro plainly written than
the Sherman law nor more easily un
derstood. The vnst corporations in
attempting to evade the law made
It
conform to their business.
E
Supreme Court Decision in j
Big Water Case Will Have
Sweeping Effect
all eights mist be
defined hereafter
Xeithir llenrletla Millinj;
Or All. mi Hitch Company
lory Xeitlier Side Had
c:ui-o no llci'ioltc Claims
Company
V. ins Vic
tus,. lie
Presented Decision Affects (iovermnent Suit-
I How Is Dealt at Water Ilos.
Contrary to the general belief when
the announcement was made yester
day that the supreme court of the
state had reversed the decision of the
lower court in the famous water case
of the Allen Ditch company vs. the
Henrietta Milling company, there Is
no decisive victory for the lutier In
the opinion, but there is embodied in
it a decision that will have a sweep
ing" effect on all water litigation in
cluding that now pending in the ad
judication of the rights of the 3u0 or
more water users in this county.
Copies of the opinion were receiv
ed by attorneys for both sides this
morning and it was learned that the
supreme court, while reversing the
decision of the lower court and dis
missing the case, found that neither
side in the suit had made out a case
because of the fact that they had
failed to deseribe definitely how much
water tht y claimed with their water
rights, I. e. they had only stated In
a F'.m ral way how much water tin ir
ti: les carried.
Must Measure Water.
According to Col. J. H. Haley, one
ol the attorneys for the Allen Ditch
cmpeny, this finding is a most Important-one
because-it means that in
all future cases of water litigation the
exact number of inches of water
claimed will have to be stated and
that all water users hereafter will he
required to install and maintain mens,
uriug boxes to determine this amount.
Will i'.MHliato Adjudication.
Col. K.llcy declares that the decis
ion of the supreme court is simply
paving the way for a complete ad
judication of the water rights of the
ci unty and that It will be highly in
strumental in clearing up a compli
cated matter. In all future cases, la-
eluding tin- suits filed by the gov
ernment recently, the exact amount
of water claimed must be defined.
Neither Parly Favored.
The opinion of the supreme judges
simply puts the two contesting com
panies on the same basis of all other
water users in the county and thei
rights will be adjudicated along with
many othi rs. As regards the prior
ity of the rights of the two com
panies, the court held that riparian
deeds given to the Henrietta Milling
J company do not entitle the company
to use all of the water reo.uired be
fore the Allen Ditch company "an di
vert any from the rivi r. However,
the whole case was dismissed with
out cost or disbursements and with
out prejudice to any other further
suit which either party may deem it
advisable to Institute concerning th
matters tn dispute. The costs in the
lower court, w hich amounted to about
$100D, were however, assessed to the
Henrietta Milling company.
Hlow lit Wilier Hog.
One clause in the opinion indicates
that the ilaims of water hogs will no
By a decision rendered yesterday
in the case of the Applehurg Water
Co. vs. Addison C, Henderson, Circuit
Judge G. W. Phelps has proved him
self a most worthy claimant for that
attribute of mind which hns preserv
ed the memory of Solomon through
hundreds of generations, nccord'ng to
local attorneys. The dispute In the
enso wns over the appropriation of
Wnter from Birch creek for the ir
rigating of tracts of land owned by
John I. McMnnus nnd A. C. Hender
son nnd others of the Henderson fam
ily, nnd to end tho long quarrel,
Judge Phelps took the mattr of dis
tributing the water entirely out of Un
hands of opposing parties and ap
pointed Abe Miller as a special com
missioner to deliver the water to par
ties as they are entitled to it. 1
A New Solution.
This is nn entirely new solution to
wnter disputes nnd local attorneys are
bestowing considerable prnise upon
Judge Phelps for his originality In
denling with a complicated matter.
At least one of the attorneys in the
case Is highly pleased with the solu
1ST MM
(Continued on page eight.) (Continued on pnge eight)
illTlII PHELPS Iltr
SOLOMON OF OLD AS LAWGIVER
I
Mrs. Myrtle K !e Carefully
Planned '.o Kill Conductor
Harpor and Sett
mot1vi
for crime
is oxi.y surmised
H Pullets Had Failed Woman Would
Hac I!es4,i-(-1 lo Po;-on to Km!
Own Life Hud Purchased Carbolic
Acid Tuesday I'.veiiius Dyins Slim
Thews Xo Light on Cau-o of
Tni-isly.
That the murder and sux-ide com
mitted by Mrs. Nannie Myrtle Kyle
at Miitoii ) ester. .ay morning was the
rt.-ult of deliberate premeditation is
proved beyond a doubt by discoveries
made since the tragedy. Not only
did she plan her own self-destruction
after having taken the life of Joe
Harper but she made careful prep
ai .t'oiis so that her death would be
certain. If bullets had have failed
to -nd her life she would undoubt
edly have resorted to poison.
The revolver with which she com
mitted the double tragedy was of the
Iver Johnson make and 38 calibre
and had been purchased together with
six cartridges the night before. Two
of the cartridges were found in her
hand bag after her death. Besides
securing the revolver, she had sent
h r 1-yc ar-oid son to the drug store
tlu- n.ght before to secure a vial of
caruol c acid with which she undoubt
edly intended to complete her self
de.structiorf if the bullets failed.
Motive Only Surmised.
The motive of the terrible double
tragedy is st.ll clouded and will prob
ably never be entirely cleared. That
Tiaia v.-aJ some degree ff intimate re
lationship between the two victims
seems indisputable and yet if there
was any scandal connected with this
it lationsiiip, ,t was not widely known
for the dead woman bore a good rep
utation among her neighbors.
J. N. York of Dry crek, for whom
her former husband was building a !
house when the divorce was granted,
slates that he attempted at that time
to smooth matters over but was con
vinced that the wife was too well ac
quainted with Conductor Harper.
Kobert Storie, at whose home Mrs.
Kyle lived during the past ten
months. Is unable to throw much
light on the matter. He declares
that several weeks ago she told him
that Mr. Harper was too bold. Yes
terday morning, he says, at 6:35 she
called to him asking the time and Im
mediately departed from the house
without a word of explanation. As
she had been employed at a packing
house in Freewatcr for some time,
no suspicion was exe'ted.
Iookcd to Heaven.
She walked rapidly to the waiting
place for the cars which is the Foun
tain en Main street. People there de
clare that as she approached she was
seen looking to heaven and mutter
ing to herself but nothing else strange
was noticed in her demeanor. She
entered the car with Mrs. J. D. Bird,
while the conductor was engaged in
turning over the seats for the return
trip.
Firoil Four Times,
When his back was wi;hin a few
feel of her she drew a revolver and
holding i! firmly in li.th hands be-
tion and
isfactorv
believes it will probe so sat
that other cases will be
treated in
a similar manner.
Manus-Hcnderson suit has
The Mi
been in court for some t'me and the
history of the case is too long for
anything but a brief mention. The
Hendersons own n tract of land a
few miles from fihn Rock and just
below it is the Appleburg tract. Wa
ter for both is taken out of the same
stream nnd there hns been consid
erable dispute between the owners of
the two tracts as to the amount due
each. The suit was the result, dur
ing the pendency of which nn in
junction was granted, only to be vi
olated, according to the allegations
made.
Attorneys state thnt both parties
could probnbly be cited to appear for
contempt of court, but instead, Judgo
Phelps conceived he idea of appoint
ing a man to take charge of the
headgates to secure for each an equit
nble division of the waters. The sal
ary of this commissioner will be as
sessed equally to the two parties as
part of the expenses of the case.
STItlKL Ol'TLOOK
IS t'XSATISI'ACTOIIY
London, June 15. Leaders
of the striking seamen admit
ted today that the general strike
outlook Is more unsatisfactory
than yesterday when the general
walkout was ordered. They as
sert that other seamen will
Join soon. The shippers say
the strike is a fizzle, and de
clare those who walked out
want to return. The strike is
progressing in London, Glasgow,
Shields, Middlesborough, Eel
fast, Amsterdam, Manchester,
Antwerp and other places. The
strikebreakers are being recruited.
REFERS TO MHO
AS "KIODERK CAESAR
1)1 AZ CABINET MKMItER
MAKES (ill AYE CHAHGES
Sa.v
al
Madero Is Indifferent to Xation
Welfare and Is Protecting An
archy Cliurges Him With Despot
ism, Favoritism and Militarism.
Mexico City, June 15. Referring
"to Madero as a "Modern Caesar," an
article by Vera Estanol, a former
member of Diaz' cabinet, published
today, caused a tremendous sensa
tion. He charges Madero with des
potism, favoritism, militarism, illegal
procedure, indifference to national
welfare, insubordination and protect
ing anarchy. He suggests the for
mation of a new political party,
which may complicate the coming
election. A new' uprising is foment
ing in the state of Tabatfco, headed
by the former governor of Venezuela,
according to reports today.
Commercial Luncheon Tomorrow.
The board of managers of the Com
mercial association will hold their
regular weekly luncheon tomorrow-
noon and Secretary Jack Keefe re
quests a full attendance as matters
cf importance are to be discussed.
A School Without a Girl.
County School Superintendent
Frank K. Welles has made a new and
i startling discovery
In making out
his annual report
that the school in
which is near the
from Wallula has
today, he found
district Xo. 103
state line not far
consisted of boys
and boys only during the whole of the
past term. Miss Minnie E. Grormley
is the teacher in this freak school.
FOR THE ROUNB-UP
If the request of the Round-up di
rectors is granted by the war depart
ment a mountain battery from the
I'nited States army will be one of the
attractions at the great frontier show
to be held here in September. It will
be an attraction worth seeing because
the "Mule" batteries are a unique part
id" Fncle Sam's fighting force.
The request for a battery for the
Roundup lias just been made by Dan
1'. Smythe. one of the board, through
adjutant General Fmzer. The adju
lant general promised to secure the
attraction if possible and Governor
West will also give his endorsement
to the request.
I'nder the rules of the war depart
ment detachments from the army may
participate in. civilian -tournaments
but tlu y are not permitted to take
part m any entertainments given for
private gam. Inasmuch as the
Round-up is a community affa'r, pays
no dividends, to its stockholders, but
en the other hands applies all the
gate receipts to improving the grounds
and paying for entertainment fea
tures it is held it would be entirely
proper for the gAernment to be rep
resented at the show.
BOMB EXPLODES XEAR
MADRID ROYAL
Al.AC!
Madrid, June 15. A bomb ex
ploded today in the Plaza Oriente ad
joining the royal palace. the en
trance of the cathedral was damaged
and other buildings in the neighbor
hood were shaken. So far as learned
none were injured.
Fight. for Tonight.
Winnipeg. Man., June 15. Sam
Langford and Tony Caponi, middle
weights, fifteen rounds.
Akron, o., June 15. Joe Coster of
Brooklyn and Johnny Kilbane of
Cleveland, featherweights, fifteen
rounds.
Janesvllle, Wis., June 15. Harry
Forbes of Xew York nnd Jimmy
Walsh of Boston, ten rounds.
Miss Luna Whlttenhiller, formerly
one of the window clerks In the local
post office, arrived yesterday to visit
at the home of her uncle. Jack Craig.
0 BANDIT
Lad Makes Escape From Re
form School Robs Ten
Saloons and Eludes Sheriff
LODGKI) I5F.IIIXI) UOCKS
DEI-IKS WHOLE POSSE
Hill is Surriinilcd by Men and it la
Planned to Starve Bandit Out
Officers ul Last Get on Track of
Fred Mclvil c Who Committed Bur
sialics Two Weeks Ago.
Valejo, Calif., June 15. Fred Mel
ville, the boy bandit who is alleged to
have robbed lu saloons since hi3 es
cape two weeks ago form the Pres
ton reform school is today engaged n
a desperate battle with a posse of
150 men. Melville took his stand la
a thick clump of bushes between Val
ejo and Benecia. The posse -dare not
storm the hill. It is believed that ho
is without food or water and can be
starved out.
Boy Attempts to Leave.
Shortly after nine o'clock Melvillo
attempted to leave the stronghold but
Sheriff Veale of Contra Costa saw
him and fired fifteen shots and the
lad rushed back to his stronghold in
the rocks. The posse then stopped
firing and simply surrounded the hill
and are waiting. The officers say
the boy had nothing to eat since last
night and that his attempt to break
through the lines indicated that his
straits are desperate. The officers
feu tiac-k of the boy last night when
Sheriff Frazier encountered him on
the road. They had a pbtoDSuel af
ter which the lad dropped, crawled
into the bushes and disappeared. The
instructions sent out today to the
farmers is not to feed anyone asking
it.
State Warden Are Coming.
The Umatilla county Fish and Game
association will hold a meeting tomor
row night in the city hall for the pur
pose of making arrangements for en
tertaining State Game Warden W. L.
Finiey and Master Fish Warden R. E.
Clanton who will arrive here Satur
day, June 24. on an official visit. They
vili remain in this city until the Tues
day following and the local sporting
men are desirous of making their vis
it a pleasurable one. Mr. Finiey is
also Oregon president of the Xational
Au iobon society and is a speaker of
widespread reputation.
DR. WHITE WILL TELL
HOW TO DOWN THE ELY
"Swat the fly" is to be the slogan
in Pendleton as well as" in Portland
and the first swat is to occur Monday
evening. j
Under the auspices of the ladies
civic club a public lecture is to be
given here nn the above named eve
ning by Dr. Calvin S. White, secre
tary of the state
lecture will be
optical! slides.
and Dr. White's
boar.', of
illu-trau
ini-ernin-4
lecture.
health. Tha
d by steri
these slides
Dr. C. J.
state board
given much
Smith, a member of the
and a physician who has
attention to the suhject of the house
fly. says:
"The views to be shown are the
most up-to-date obtainable and will
be of great value in illustrating the
subject which is one of vital import
ance in eastern Oregon at this time
of the year. Dr. White has made a
close study of the common house fly
and will give some information and
advice that should bo of the utmost
value to people who are seeking to
maintain healthiul conditions during
the warm weather period."
The lecture by Dr. White is to be
given in the civic club's room on the
second floor of the city hall.
STATE GETS TESTIMONY"
THROUGH WIFE OF SEE
Chicago. Juno 15. Although tha
wife of Sec of the Absolute life cult
cannot under the law testify against
him, the attorneys for the state who
are prosecuting him for the alleged
mistreatment of girls admitted today
that through her they got most of the
testimony against Sec. The woman is
separated from her husband. Under
the law she cannot be legally guilty
of robbing him. With a safecracker
she went to the socalled junior com
monwealth, established by her hus
band nnd blue open the safe and so
cured papers, many of which were in
See's handwriting. Among the pa
pers is an unprintable so-called
"Book of Truth" In which he refers
to the "spirit of absolute life.'.'
Kat Glmball, former all around
high school athlete, returned last
night from Eugene nfter completing
his first half year at the University
of Oregon.