EVENING EDITION
EVENING EDITION
.
WEATHER HEPOnT.
Occasional ruin and
cooler tonight and
Thursday.
COUNTY OFFICIAL PATER
VOL. 24.
joiis ran
United States Attorney Out
lines Position on Reser
vation Litigation.
WILL NOT AID CALDWELL
Hold India ii Rights Siii-ror to Mill
ing; Rights, jsnt IM-plorc.s l-'frm on
OiiniMi ul I y mid tho West End of
i:stJill:sliiii!C Such Rights.
The following letter from John Mc
Court, 1'niicd Stiit.-s district attorney,
has l i. n -t-ivi d in reply to a letter
Jidiit vs.sed to Mr. Mi Court by the ed
itor of the ; orcg'.nian and to an
editorial of .m '-nili -r intitled
"Why ('ri! c am Is Mado:"
Portland, ore., Nuv. 0. 1911.
IMi'or I-jiot oivgonian:
I am not sure that
1 can place the matter fully before
you in a short letter, but will make an
effort to clear cway omp of the mis
conceptions you have received from
some one personally and privately in
terested in this question. Your ar
ticlo Implies a criticism of me, but
from an angle that surprises me, as
I anticipated criticism, if any, for
over zcalousness In behalf of the In
dians. You will doubtless be surpris
ed also, when you fully comprehend
the situation.
Simc fme nco I had a survey made
of tho Indian lands along th Uma
till;, river puceptible of Irrigation
therefrom. This survey Fhowed about
moo acres of irrigable land, embrac
ing parts of about 110 allotments,
somo tribal bind, part of the agency
lands and part of the school farm.
The greater part of this land is cov
ered with brush nnd timber and very
lttle of It Is cultivated. With tho ex
ception of two or three, no Indians
have ever attempted to irrigate any
of these lands. A little use of water
has been made nt the agency and on
the school farm. A few white rent
ers from Indians have attempted to
Irrigate a small area of lands. Some
of these latter have been met by suits
or threats of suits from the Byers
people. The white renters mentioned
did not and do not have any contract
or lease whereby the United States or
any Indian is obligated to furnish
them water or Irrigated land, or
whereby tho I'nlted States or any In
dian is required or obligated to do
fend or prosecute lawsuits in behalf
Of the renter.
Whenever a case arises where an
Tndlan desires to Irrigate a portion of
h'a land, ami any person whomsoever
attempts to Interfere Willi him; or if
any attempt is made by anyone to In
terfere with use of water at tho agen
cy or school farm; or If at any time
nny Indian or the government itself
has undertaken by contract or other
wise to place water on any Indian
lands on the reservation, and attempt
Is made to prevent the performance
of such obligat'on. In every or any
such rase, I will, upon my attention
being called to the same, secure im
mediate authority from the attorney
general to bring suit or defend is the
. ease may require.
No case of the kind mentioned has
arisen, and until it does, no occasion
exists for the government to com
mence a suit. Indeed, no contorvorsy
exists upon which I can get Into
court ai plaintiff, either on its own
account or on behalf of an Indian.
Thu government cannot be mado n
defendant In a suit of this k'nd, but
Its attorneys usually appear In tho de
fonso of Indian defendants.
Tho Byers-Caldwell controversy Is
one In which the government is not
directly Interested and only indirectly
po far as it Is necessary to protect the
ult'mato rights of tho Indians To
that extent, all proper precautions
(Continued on Pago 2 )
PETITION FILED FOR NOMINATION OFi .
W. F. MATLOCK FOR MAYOR OF CITY
With the filing today of the nomi
nating petition of W. F. Matlock It
begins to look llko a genuine race for
mayor with the former mayor and
present city attorney as the chief com
petitors. Such a race there will be
unless Mr. Matlock decides later on
to withdraw from tho contest or his
young opponent conies to tlvnk dif
ferently of his Intentions to run.
When Mr. Matlock's nomlntlng
petition was filed today it contained
the names of 116 local voters and
riuny of the mom prominent citizens
of the town were attached. The sup
4 DEMAND DIVISION' r
MEXICAN RI.PIBMC
M'-xleo City, Nov. S. Formal
demands, that they be allowed "
to establish a separate south-
f ' I'll i ( public, were received to-
day by President Madero, from
the victorious rebels. They de- $
clare that they will Immediate-
ly march on tho capitol if their
if demands are refused.
TAKE PEKING FIRST
THEN TALK PEACE
Rebel Chief Li So Answers
Chinese Government's
Letter
Vender Yuan. A limes Role of
'("liln.i'w Caesar.' and is Reluming
to (': pitol With Larjo I'oroe of
Trojs.
Sham.-h;.l, Nov. 8. "I won't make
peace u it I the republican forces are
n poss . s, i.,n of Peking." This, dis
patches state, was General Li's answer
to the government's letter, proposing
a truce, which Premier Yuan Shi Kui
sent.
Premier Yuan offered a constitu
tional government and the deposition
of all Manehus from siate powers and
complete pardon for all rebels In ex
change for peace.
Yuan Would Ho a Caesar.
Jeklng, Nov. S. With the report
ed Intention of declaring himself the
"Caesar of China," Premier Yuan to
day Is returning to Peking at he head
of a str ng body of selected troops.
Ilia march follows a communication
to the national senate, declaring that
a truce of peace with the rebels would
prove useless unless the government
is first reformed.
Many rumors are afloat and
throughout the city the greatest un
rest !s felt. It has also been report
ed that the emperor has fled.
looting at lVklnjr.
Shanghai, Nov. S. It Is reported
that rioting has started in Peking
and that disorders are disturbing
nearly all suburbs. Confirmation has
not been received.
SLAYS WIFE WHILE
DREAMING, SUICIDES
San Francisco, Cal., Nov. 8.
Awakening from a horrible night
mare, to find that he had literally
hacked his wife to pieces with a
hatchet, John Kdwards Cooper, a
middle- aged and wealthy contractor,
today lashed his throat with a ra
zor and died. The woman Is fatally
Injured and is dying at the emergency
hospital.
The couple have three daughters
and were happy and planning an
outing when they went to bed last
night.
He first carried the smallest dau
ghter, Lillian, out of the room nnd
then got a hatchet, returned and
.struck his wife, who shrieked and
(Tiled for the police. . They heard
lur pleas and rushed officers to the
house, end. Coop,r, meanwhile
awakening-, found what ho had done
cut hi-; ty-oc.t just as the officers
entered the room.
MiT'iu-limd May .Meet Murphy.
San Francisco, Nov. S. Pyckey
McFarland, of Chicago, nnd "l 1 i llos.C'
Tommy" Murphy are tentatively
matched to fight here Thanksgiving
day, under the management of ,'ames
Coffroth. McFarland wlrod his ac
ceptance to Coffroth yesterday and
Murphy Is said to have previously
agreed.
K. N. Deudy of La Grande Is regis
tered nt the Pendleton.
porters of Mr. Matlock are carnost In
their efforts In his behalf and predict
h's election. They are plainly re
frentfut over the entrance of Mr. Ra
ley Into the race and show a desire
to stay by their man to the finish.
backing upon Mr. Matlock's wcll-
l.nown popularity to take him Into of
fiee. Dyer for Councilman.
The nominating petition placing
John Dyer In the running to succeed
himself as councilman from tho first
(Continued from pngo fivo.)
PENDLETON, OREGON,
BURNS SECURES
li. EVIDENCE
After Federal Grand Jury is
Through, Will Remove it
to Los Angeles. '
TO OPPOSE INTRODUCTION
I
l-'ivo Jurors at Rfgiiinii); of Today's
SeH-ion Cut Down to Tlireo When
Court Eciism Two Who Worn Ac-
i-cplubli) to State and Def.'nsc. 1
I
I
Ios Ang les, Nov. 8. The evi
deiK e seined in the Indianapolis raid,
on the .V.cNemin-a office wfll be,
bromrl.t ly e'.eetive punts In person
t Los Aneelos for use in the t;iil as
'""U as the f.'Urfil grand Jury at
h .ii -!!ia:o!: -, fets through, according
t word received today from Piirns. ,
The lUf' iis,- will fight any attempt
to introduce; the Indianapolis evi
dfnie. The prosecution is greatly
pleased and insist the evidence will
enable them to back up Ortie Mo
Mariigal's confession. '
Jumrs Pain, Clark, Green, I.isk and
Mend' nhall were the only five men
remaining In the jury box today,
when the trial was resumed. The
rest had been excused through per
emptory challenges. Tho state dial-'
lengi d two and the defense five. i
The dcfen.se had accepted five jurors
making them permanent. When
Judge P.ordwcll askd them to bo
sworn Clark. Mendenhall and Us.lt
r fused, first saying they should be
excused on good grounds, already
sw orn to the court. Finally they were
sworn after the judge said he would
take up their excuses immediately.
lleccss wa.s ordered and Judge
Pordwell went to his chambers to
tiilk with them. Mendenhall said his
mother was seriously ill and his fath
er had died recently. Clark claimed
he had heart disease and Llsk offered
bad health nnd business reasons.
Judge Pordwell excused Clark and
Mendenhall. .
To Withhold Indictments. 1
Indianapolis, Nov. 8. United
States distrkt Attorney Miller today
announced that no indictments in the
McN'amara cases, if any were found
here by the federal grand jury, will
be published uniil the McN'amara
eases are disposed of in Los Angeles.
They are charged with having: violat
ed the federal law by transporting
explosives from different states, in a
consp-'raey to dyncmito non-union
plants. Miller admitted, that if the
MoN'amaras are acquitted in Califor
nia he plans to brng them here to
face trial in the I'nited States courts.
TOBACCO Tit I "ST 1T.ANS
.imm;ovi:i nv coi ht
New York, Nov. 8. The United
States circuit court of appeals this
afternoon approved the reorganiza
tion plan of the Tobacco trust, as
proposed by the department of Jus
tice. Only slight modifications were
required.
The judges ruled that they had no
power to insert in the reorganization
plan, the five year injunction, asked
by Attorney General Wiekersham.
w lib h would alliw the government to
'ning t')o eas.-. back to court and dc-
uand other changes.
SIX "POSSIBLES
WE
KAYOR EXPRESS YOUR PREFERENCE
With the withdrawal of W. E. Brock
from the race for the mayorality
there remain three active candidates
for the position anj three who are
'montioned" for the office. W. F
Matlock, former mayor, J. R. Kaley,
FOK MAYOlt VOTE FOR ONE
The men listed below are mentioned as possible candidates for mayor
of the city of Pendleton at the election to be held December 4. Who
is your choice?
Write X between the name and number,
1.
W. F. MATLOCK.
F. J. QUINLAN.
S.
4.
6.
fi.
s..
J.
J.
R. RALE Y.
L. SHARON.
C.
P. STRAIN.
V.
STROBLE.
This ballot is open to legal voters of rendMon only.
Miirk your ballot, cut It out and return It by mall or In person to The
East Oregonlan Mayorality Editor, at once. The voting will continue for
one week, tho result being announced on Saturday, November 11.
WEDNESDAY, NOVEMBER 8,
isAi.roi'it retires as
conservative j.eiii:i:
London, Eng., Nov. 8. ttulle
tiri Arthur Palfuur today ere
cted a sensation in England
vh'ti be resigned as leader of
t ie conservative party. lie an
nounced liis retirement at a
n.eciing.of the conservatives,
giving as his reason that he
was (jetting ol.l.
FIRE DEPARTMENT
CANDIDATES NAMED
Rivalry Between Several
Companies Becomes
More Keen '
Cl ' f .folin Vaiizliiin Nominated by
( lapany No. 2 to Succeed Jlimt'If
at ( oinii:g I .'leciien.
In I'fations are tlirit the firemen's I
election- which is to be held on the
same day as the city election will be
a s-pirited one. That there will be ri
valry over the different offices was
made certain last ev ning at a meeting
of Hose Company No. 2, when a full
th ket for the departmental ami com
pany positions was named.
John Vaughan. tho prc-ent fire
chief, was named by the No. 2 boys
as their choice to succeed himself,
which Jack Childrcth and ' William
Gardner were nominated for the of-
os of first and second assistants.
The following men were unani
mously nominated to fill the offices
of the company: Carl Leonard, pres
iden'; George Goodman. secretary;
Win IVnland. treasurer. For the po
sitions of foreman of the company
and the two assistants, however, there
will be opposition. Ualph Coon,
George Goodman, Roy Paine and
Je-so McConnell were nominated for
foreman Bert Lovell and Alex Man
ning for fir-t assistant and Glen
Finch and Aubrey Graham for second
assistant.
Following the meeting, a banquet
at which a few guests besides the
members sat was served and a gen
eral good time had.
WOMAN ACCUSED OF
SLAYING HER BABE
Portland. Nov. S. While detec
tives were searching at Warren. Co
lumbia county, for Hilda Johnson, a
domestic, who Is charged with the
murder of her twenty-four hour old
alleged illegitimate infant and its in
c'neration in a furnace at the home
of Mrs. George Kelly on North
Twenty-third street, the woman ap
peared at the Kelly home today and
excitedly demanded her clothes.
When refused by a frightened maid
Fho vowed she would return and left.
The police thin afternoon are waiting
at tho Kelly home for her.
The woman gave birth to a baby
Sunday and left a few hours later.
Detective S:ni;h who ha- worked
on the case, alleged he found some I
baby hones in the furnace Physi- I
eintis believe they cannot be the in-I
fnnt's, as they state the !'iiv would
consume all of the body of a babe
so young.
III RACE FOR
city attorney and Frank Quinlan are
the avowed candidates, while J. I..
Sharon, C. P. Strain and V. Stroble
are on the possible list.
Below is a list of those now in the
race. Cast your straw vote for your
favorite
1911.
TAFrS IMF PBIPLES
REBUKED 1 1SSMETIS
Democrats Make Big Gains in Ohio and New York
Throws Off Rule of Tammany Hall
KEW MEXICO'S FIRSTGQVERNOR A DEMOCRAT
Kentucky Returns to Progressive Democratic Column
and Socialists Show Gains in Various Parts cf Coun
tryLabor Loses in San Francisco.
New York
da : ure
Tr-mma-.:
eounty take
i-o,,- m irg'n
llho le 1 '
publican, as
state ticket,
Nov. S. The New- Y oki
- republican throwing
' flip but '.lie Tammany
was i. letted bv
a nar- i
i 1 e-'.ert.-d PothJcr, a re
foverimr, and the entire
ainirijj .--I ven in the leg-
i.- lature.
In Maryland, H. I,. Goldborough, re
publican, is leading over Arthur P.
Gorman, democrat, for governor.
In Kentucky. James McCreary,
democrat, was elected governor by
So.nnn. and the legislature Is demo
craf'c. assuring Ollie James as the
next United States senator.
In Mississippi, Earl Brewer, demo
crat. v.-B8 elected governor.
In New Mexico. William McDon
ald, democrat, was elected the first
governor with the entire democratic
state ticket, but it is lnd;cated the leg
islature goes republican.
Democrats Jubilant.
Washington, D C, Nov. S. Victory
for the progre-slves everywhere are
shown today in the election returns
throughout the east.
The democrats are jubilant over
the democratic gains in Ohio and they
hail Governor Foss' election In Mas
sachusetts as a repudiation of the re
publican tariff principles.
Socialism also shows big gains in
all parts of the country.
In Ohio, the progressives elected a
majority of delegates to the constitu
tional convention, assuring the adop-
Taft Is Silent.
Frankfort, Ky , Nov. 8. Be-
ginning his fourth day invas-
ion of Kentucky nnd Tennessee j
President Taft today is the :
guest here of Governor Wull- i
son. The president breakfast-
ed and then retired to begin !
work on his message to con-
gre-s. Ho refused to comment
on the Ohio elections. This af-
ternoon he dedicated the I.ln-
coin statute in Capitol square. !
!
I07EIEIT FOR PUBUG PARK NEAR PEPdT s
REVIVED AT COMMERCIAL CLUB HEETIHG
Another step t iward the ultimate
transformation i f the vacant art i
r.orth of the (.-V. 11. X. depot in
to a c;tv pirk was taken la-t nigh: at
the rc-u'ar meeting of the (" itnnier-,
i ial association when Secretary Keefc
w as instructed by vote to co-opi rate
with the Civic club, the city authori
ties and the railroad in bringing that
desirable end about.
The matter was brought up for dis
cussion bv the secretary himself
when he read a enmmunieation from
W. Pollens, superintendent of the
railroad company which owns the
land, in which that official announc
ed the will'ngness of his company to
lease the land necessary to the city
for a park and to move such section
houses now- on It.
Mayor Murphy ypeke in favor of
the movement started by the ladies of
the Civic club and declared the city
council Is much Interested In secur
ing the park. He suggested that it is
important to secure a lease on tho
grounds for a definite period before
expending money or energy on tho
project and, in accordance with this
suggestion, Secretary Keefo will im
mediately ascertain for how many
years the railroad company will give
a lease on the ground.
President Snvythe reported that he
had had a conference with Superin
tendent Bolons and believed from
statements made by the superintend
ent at that ti'tic the'-. w!l! be '-. d'f
ficuity in seeming t'ae giound far a
long period.
To I'ducnto Farmers.
Secretary Keefe also brought up for
discussion the suggestion made re
cently bv W. L. Thompson, namely
Calling cards, wed
ding stationery, com
mercial stationery and
Job printing to order
at the East Oregonlan.
CITY OFFICIAL PAPER.
NO. 7204
f the initiative, referendum' and
TMl Pcinuliated at Homo.
'i-i.-:.ii.a-i. ii., Nov. S The election
of il-'ry Hunt dc;,-,ocrat. as mayor
of (::tc nncti, ov r I.cuis Schwab, re
public n, who was backed by an open
ktt. r from President Taft, is looked
upon as a direct slap at the president
by his home people and the severest
blow yet given the republican ma
chine. President Taft left here this
morning.
I-alxr I.oscs in Frisco.
San Francisco, Cal.. Nov. 8. Union
labor got another setback in the mu
nicipal election and today the city has
a board of supervisors of eighteen
members, who with two exceptions
were identified with the Mayor Ro'.fe
regime. The only labor cand'daies
who were successful are Andrew Gal
lagher, secretary of the San Francis
co labor council and Edward Nolan,
president cf the Bricklayers' union.
District Attorney Fickert was re
elected by about 2000 majority over
Hanthorn,' who was packed by Fran
c's Heney's friends, who have oppos
ed Fickert since he defeated Heney
after the graft prosecutions.
Tammany Scared.
New York. Nov. 8. Tammany U
badly frghtened over the election to
day. Their county ticket barelv
scraped through and their judicial
ticket was overwhelmed In Brooklyn,
following charges that one of the
Tammany supreme court candidates
had used money to secure the nomi
nation. Republican County Chairman Sam
uel Koenig threatens to demand a re
count of the vote, so small was the
margin of victory for Tammany In
the county. Tammany lost control of
the legislature, which went republi
can. A ballot for both houses gives
the republicans 119 and the demo
crats S2.
V .T. legislature- IXcpublicnn.
Trenton, N. J.. Nov. 8. The return
(Continued on page eight.)
that the commercial club undertake
to ol-.ica e th, dry land farmers 111
the c.impVl system, which is admit
to iiy the iv st successful. Mr. Keefe
vr-pc-d that ciuh funds be used to pur
chase s-ib-eriptions to Campbell's
'So l Culture" and "Scientific Far
mer" and that these publications be
distributed gtatis among the dry land
farmers of the county. The matter
was referred to the promotion com
mittee. Seven Now Members).
Seven new members were added to
the association last night. which
Irings the rou Up to ISO, just twice
the membership when the present sec
retary took his office. The new mem
bers voted in are Bruce Smith, clerk
at the Alexander Department Store.
A A. McCook. cashier of the Ameri
can National Bank. John Baker, pro
prietor of the Baker Furniture store,
Herman Peters, proprietor of the Co
lumbia Saloon. Ray Crystal, head of
the grocery department of the Peo
ples Warehouse, Ralph Hassell, clerk
in the grocery department of the
Peoples Warehouse, and Martin An
derson, proprietor of tho Bowman
Hotel bar.
Secretary Keefo urged all members
to assist the membership committee
in enlisting new blood, declarin that
there are still many business and pro
fessional men who aro not connected
wiih the club.
s e.- o r Won Attended.
T'.ie in,, ti:. 4 li t night was v,t;i at
tended although there were a num
bers of chairs left vacant. Following
tho meeting. Secretary Keefo enter
tained the members with a few of his
"p-:i no logy" selections.
'!
1 I