EVENING EDITION
EVENING EDITION
WEATHER REPORT.
Snow tonight and Sat
urday; colder to
night. Calling cards, wed
ding stationery, com
mercial stationery and
Job printing to order
at the East Oregonlan.
COUNTY OFFICIAL PAPER.
CITY OFFICIAL PAPER.
VOL. 24.
PENDLETON, OREGON, FRIDAY, NOVEMBER 10, 1911
NO. 72GG
1 " vi
JOHN trail
WRITES AGAIN
Declares Local Indnias Have
Right to Use Water For
Irrigation.
RIGHTS ARE ADJUDICATED
V. 8, Attorney Suyg Government Will
Protect Indians Rut Not White
Renters on Rci-vallon Others Do
1exn Tluin Ho For Indians.
Portland, Ore., Nov. 9, 1911.
Editor East Oregonlan:
I am In receipt of your letter of
the 8th Instant enclosing letters here
tofore sent by mo to you and also
enclosing your Issue of the East Ore
gonlan of November 8th.
I glanced over your editorial touch
ing the matter of the rights of the In
dians on the Umatilla reservation to
the use of the waters of the streams
flowing through the reservation. - To
my mind you still misapprehend the
situation. Ah I understand the law,
the q jestlon has already been adjudi
cated by the supreme court of the
United States, and that under that
adjudication, any Indian on the Uma
tilla reservation has a right to use
such water as he can put to a benefi
cial use upon any land allotted to him,
under this same .adjudication. The
United States has a right to and will,
whenever necessity requires, use such
water of the Umatilla upon its agency
and school farms, as may be thought
proper. If anyone interferes with the
government or the Indian attempting
to make such use at any time, they
will be met by litigation on behalf
of the United States. No such use
lias thus far been Interfered with.
This does not mean that every white
man who claims the right to use this
water by virtue of his contract or oth
er relationship to an Indian, is en
titled to be defended by the United
States.
The court of the tate of Oregon
have long slr.ee established the prop
osition that no person has a right to
enter your property against your
will. If, however, some person at
tempts to come Into the East Orego
nlan building and exercise rights and
ownership or dominion over the prop
erty of that corporation, neither the
attorney general of he state of Ore
gon uor the district attorney of your
district would prosecute your suit to
enjoin such person. You would have
to hlro your own lawyer and prose
cute the litigation yourself. This
would be true, notwithstanding that
jkou had acquired the East Oregonlan
from the state of Oregon or leased it
from some other officer of the state.
I recognize your perfect right to
form your own julgment In this mat
ter and make no objection to any
commonts you make make regarding
It, so long as you are acting in good
faith and to effect what you deem a
beneficial purpose. The point I make
is that you misapprehended the extent
to which I should go In the perform
ance of my duties. I know I have
gone further than any other United
States attorney has In protecting the
rights of the Indians under circum
stances similar to those which exist in
this case, and in my Judgment I have
Interposed aid In bohalf of the In
dians at every juncture requiring the
same, and in every case where the
facts permitted or authorized me to
act. Rospo'ctrully.
JOHN M'COURT.
United States Attorney.
GOES TO KILL A
FAMILY; IS SHOT
Walla Walla. Wash., Nov. 10.
Warned over the phono by Mrs. Ar
vln that her hunband, Ed Arvin, was
on the way to the home of his son-in-law,
ltobert Boers, to shoot up the
family, Clyde Ileers. Robert's broth
er, awaited the old man with a shot
gun and fatally mounded him by fir
ing five shots Into his body when Ar
vin appeared at the Beos home and
shot at the younger brother.
Rccontly Arvin, who Is an electric
ian, had trouble with Beers and his
wlfo says he vowed he would "clean
them out " Arvln's own family says
that Peers, who Is under arrest, can't
be blamed for tho shooting
Rockslldo Derails Train.
Helena, Mont., Nov. 10. A rock
slldo at Brewer, 30 miles east of Hol
ona, caused tho derailment of North
ern Pacific passenger train No. 6 to
day. The engine turned completely
over and Engineer Maroina Morse of
this city was o badly scalded that he
probably will die. Four cars also left
the track. None of the passengers
were injured.
Celebrate Woman Suffrage.
Seattle, Wush., Nov. 10. The first
anniversary of the enfranchisement
of womon, In Washington will bo ob
served tonight with a banquet for wo
men at the Commercial club. Wo
men from four other enfranchised
states will attend.
OF
RATES HELD IIP
Railroads Secure Injunction
Against Interstate Com
merce Commission.
COURT MAY BE ABOLISHED
Confirm ninn SI ma Will Introduce
Rill t Wiio Out Commerce Court
to Prevent Further Undoing of
Commerce Commission's Work.
Washington, Nov. 10. Again has
the commerce court of the United
States stepped in and prevented a
decrease of freight rates for western
and lntermountaln states, which were
to have gone into effect next Wed
nesday on order of the interstate
commerce commission, by granting a
temporary Injunction against the com
merce commission as requested by the
railroads. This means also an injunc
tion against the short haul and the
"back haul" order.
Following the repeated action of
the commerce court In reversing de
cisions of the Interstate commerce
commission, Congressman Sims of
Tennessee, plans to Introduce at the
next congressional session a bill abol
ishing the commerce court. He
claims that the commission and court
have been clashing and as a result
they nullify each other. It is believ
ed that the house will pass the bill.
The f ght for reduction was begun
by Spokane ten years ago .and the
people saw victory, as they won be
fore the commission, when the com
merce court Issued its injunction yes
terday. t
Congressman Sims Bays the com
merce court's action undoes all that
the year of fighting and the com
mission's decision had done. His bill
specifically plans to repeal that sec
tion of the commerce act. creating the
court.
It is expected thn the commission
will go to the United States supreme
court to find out. Just how far the
commerce court's powers extend.
TWO .VEX KILLED
IX FKISCO KXPlXSIOX
Sun Francisco. Nov. 10. Two men
were killed and two seriously burned
at the Hunters' Point dry dock here
la:e yesterday In an explosion of gas
In an exhau-t tunnel.
The dead:
William Kcagan, dock laborer.
Van Aucken, luborer.
John Hubacher, dock superintend
ent and Mnnuel Peveras, a laborer,
were the Injured.
The Itritish tank steamer Mina
Proa was In the dock at the time of
the accident and the water had been
drawn from the dock. The two men
killed had descended Into the exhaust
tunnel which is a huge pipe, and Pe
veras and Huhbachcr wero just enter
ing the manhole to repair a fitting
when the explosion, believed to have
been caused by an accumulation of
gas In the tunnel, occurred.
madeho to fhsirp
POW Ell OF DICTATOR
Mexico City, Nov.- 10. The an
nounroment yesterday that President
Madero and his cabinet had decided
to abolish the office of vice president
hug created wild excitement In Mex
ico city. Madero's enemies claim
that ho is preparing to usurp the pow- j
ers of a dictator and that he Is plan
ning to secure full control of the re
public. Although the government's
treasury contains only $S, 000, 000,
congress yesterday passed a $80,000,
000 budget.
NEW YOHK SCAVAXGKHS
ARK OUT OX A STRIKE
New York, Nov. 10. With five
thousand strikebreakers, each three
guarded by one policeman, New York
today is trying to break a strike of
city garbage carters. The strikers
threaten to take legal action against
the city. They struck when compelled
to work at nights. The residence dis
tricts nre suffering from uncollected
garbage, streets are dirty and grave
disorders are feared.
Uncle .loo Refuses Presidency.
New York, Nov. 10. Uncle Joe
Cannon declared that ho Is too oil
for the presidency when approached
today on the subject. He says he
does not feel his seventy-five years.
but the people know it, and don't
want any old ones. He said ho ex
pected to live to one hundred years
of age. Ho sailed toduy for Panama.
Object to Reorganization Plan.
New York, Nov. 10. Strenuous
protests against the action of the
United States court tn approving of
the reorganization plans of the To
bacco trust were registered at a meet
ing of tho independent tobacco In
terests last night.
Resolutions appealing to President
Tafl, to carry the approval of the
plan to the supreme court or a final
review wero carried and the Independ
ents Intimated that they will make a
fight.
N
RESERVATION IRRIGATION WOULD NOT
HURT THEIR LAND, SAY STAN FIELD FOLK
(Special Correspondence.)
Stanfield, Nov. 10. Considerable favorable comment has been
heard in this vicinity in connection with the able editorial In the East
Oregonlan of the 8th Inst., which stated some very Important facts
regarding the rights of the Indians to water from the Umatilla river
for irrigation purposes.
One reason given for, withholding thi?se rights from the Indlins
and the allottees of their lands being that the granting of such rights
will trespass upon the water rights of the west fend projects, which
of course is far from the truth.
There are thousands pf acres of land along the Umatilla river and
its tributaries between here and Pendleton which are capable of pro
ducing Just as bountifully as the lands around Milton and Freewater
and It is a fact that because the valley In -which these lands are situ
ated Is narrow the short distance for the seepage would quickly return
a large percentage of the water into the river.
This point can be proven beyond question by observation of the fact
that the seepage from the government project into the Umatilla river
below Hermlston has during the past season given more late water to
the feed canal of the Irrlgon project than they have ever had before.
The irrigation of the lands above and below Pendleton would be
of great benefit to that city and, would do more than any other one
thing to bring Into closer relation the east and west ends of the county
as the west end is being rapidly developed along the same lines.
It Is hoped here that the Pendleton Commercial club may take ad
vantage of this opportunity to boost for the development of the lands
herein referred to.
VENIREMEN HAVE
MANY NEW AILMENTS
Fifth Panel Being Examined
For McNamara
Jury
Judge Ilordwell Scores Wealthy Man
ufacturers Who Attempt to Escape
Duty for Business Rcusons.
Los 'Angeles, Nov. 10. There was
an epidemic of excuses in court when
the McNamara trial resumed today.
The fifth panel of veniremen was on
hand to qualify and the prospects of
six months duty, caused many to find
hitherto undiscovered ailments, etc.,
as excuses. Of three Jurors passed,
for cause. Juror Sexton will probably
be the only one to survive peremp
tory challenges.
Judge Bordwell expressed his op
inion of wealthy manufacturers who
try to evade Jury duty while refus
ing to excuse Venireman Birkel, who
in giving his excuse said: "I em
ploy many men and Jhey constantly
come to me for Instructions."
"1s," snapped the court, "and all
the rest of the big business men of
this country nre under constant pro
tection by this government. You are
called for a highly important duty
and one that is necessary. You ask
to be excused for business reasons. I
enn't consider such excuses." And he
did not.
The defense and prosecution both
passed A. Grebllng. a 71 year old
Civil war veteran, who said he had
no opinion.
SUSPECT MURDERESS
OF SUICIDE ATTEMPT
Chicago, Nov. 10. Dissatisfied with
her slow recovery, the police will in
vestigate the condition of Mrs. Ver
milya, who is sick In the hospital
ward of the county Jail,
They believe she has been trying
to poison herself fith arsenic again.
She became pick and showed the
same symptoms as her alleged vic
tims when suspicion was first direct
ed toward her.
Pete Murray came In. on the local
this morning from Adams.
AT
IN STRAW
At noon tomorrow balloting under
the East Oregonlan's straw election
for mayor will come to a close and
tho count will reveal how the wind
stands with reference to the popular
ity of the various candidates. Though
no effort has apparently been made
to "get out the vote" a goodly num
ber of ballots have been cast during
the week, practically all the votes be
ing cast In person by people who have
,
FOR MAYOR VOTE FOR OXE
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.
1. F. J. QUINLAN.
I. J. R. RALEY.
4. J. L. SHARON,
t. C. P. STRAIN.
6. V. STROBLE.
8
This hnllot is open to legal voters of Pendleton only.
Mark your ballot, cut It out and return It by mall or in person to The
East Oregonlan Mayorallty Editor, at once. The voting will continue for
one week, the result being announced on Saturday, November 11.
i:
SUSPECTED BAD
CHECK MAN JAILED
Accused of Victimizing Sa
loonman and
Merchant
Prisoner Makes No Denial of Issu
ing Instruments, but Declares Abil
ity to Make Roth Amounts Good,
One more alleged bad check artist
has learned that Pendleton is a poor
field for fraudulent operations due
to the efficiency of local officers.
Last evening Robert Elmer, a young
laboring man, passed two alleged
wihless checks on merchants of the
city and by noon today he was occu
pylng a cell in the county Jail awaiting
a hearing.
Elmer succeeded in passing a check
said to be bogus, for ten dollars yes
terday evening on Fred Schneiter,
proprietor of the Office Saloon, while
another. It Is reported, was passed
upon L. Moses, proprietor of the
Workingmen's Clothing Store, for the
same amount. One was on the First
National Bank and the other on the
American National.
The suspected fraud was discovered
this morning at the banks and re
ported to the officers. Shortly before
noon, Officer Charles Myers of the
police force, picked up the man on
Garden street and took him to jail.
Elmer does not deny that he is the
man wanted. When arrested he
asked if It was for passing bad checks
and declared he Intended fixing the
matter up today.
EUROPE WANTS WAR
IN TRIPOLI STOPPED
London, Nov. 10. There is great
commotion among European chan
cellories over the stories of the Ital
ian atrocities in Tripoli and the agi
tation against the Latin kingdom
promises to force Italy to offer the
Turks better peace terms.
It is reported that several chancel
lories have already awked Italy to ter
minate her campangn quickly in Trip
oli. Gale Wiley of Echo, was a visitor
in the city yesterday.
ELECTION FOR MAYOR
culled at the East Oregonlan office
fur that purpose.
Inasmuch as the voting will close
la; noon tomorrow it is possible that
lively voting will mark the closing
hours of the election. The votes are
to be counted nt 1 o'clock tomorrow
afternoon and the result will be an
nc uncoil by bulletin and also in the
Saturday issue of this paper.
ANT
FOREIGN
mm
Chinese Rebels Claim For
eigners Have Not Been
Strictly Neutral.
LEGATION GUARDS ARMED
Revolutionary General Declares
Everyone Opposing Rebel Occupa
tion of Peking Will Re Put to tho
Kwonl Situation w Very Crave.
Shanghai, Nov. 10. Danger of anti-foreign
outbreak, which may com
pel foreign intervention today is be
lieved here to be th nw-t menacing
feature of the anti-Manchu strug
gle now convulsing the country.
Reports from various sources say
the victorious rebels who have hither
to been protecting the foreigners, now
are changing their attitude. This is
due. It is said, to the belief that for
eigners. In the treaty ports are fa
voring the imperialists. Threats have
been made that, vengeance will be
exacted unless the foreigners observe
neutrality. -
At Tien Tsin the situation is seri
ously strained. The rebels are pro
voked at the insistence of ihe consu
lar body which demands that the reb
els, under General Chang remain out
side the city instead of occupying it,
prePminary to advancing on Peking.
General Chang is exasperated by
the alleged partiality of foreigners.
He is marching on Peking and threat
ens that if European detachments
there make any attempt to bar their
entrance, every opposing soldier.
white or yellow, will be put to the
sword.
legation Guard Prepared.
Pekin, Nov. 10. (Bulletin.) Cart
ridges were issued to the legation
guards here today in anticipation of
an anti-foreign outbreak. A similar
uprising is feared in Tien Tsin.
The operation of the Pekin-Kalgan
ra'lroad was abandoned today, thus
cutting off all hope of escape for the
imperial family if they have not al
ready fled.
Japan Fears for Baby Ruler.
Tokio. Nov. 10. Grave fears for
thf safety of the Chinese baby ruler
are felt here as a result of the re
ports that the Pekin-Kalgan railroad
has been abandoned. If he has not
gotten out of Peking, it Is feared his
life will be sacrificed during the reb
el attack, on the capitol, now om
pending. NEW MEXICO POLITICAL
COMPLEXION IS CHANGED
Santa Fe, N. M., Nov. 10. Later re
turns from Isolated districts today
have changed the political complex
ion in Tuesday's election and while
the republicans concede Democrat
McDonald's election, as governor,
they hold the lieutenant governorship
doubtful and make sweeping claims
for the rest of the ticket.
Harvester Trust to Reorganize,
Washington, Nov. 10. Voluntary
reorganization of the International
Harvester company was predicted to
day when General Counsel Bancroft,
for the trust, conferred with Assist
ant Attorney General Fowler.
It is understood the department of
justice intimated that it had sufficient
evidence against the combine to In
stitute a suit of equity, ami it was
thought best for the corporation to
reorganize voluntarily.
Loses SiHMVh from Fright.
Chicago, Nov. 10. When James
Ryan was accosted suddenly last
night by a uniformed policeman, he
was so frightened he lost his voice.
Ryan was locked up and for hours
the police tried to get him to speak,
but to no avail. Later Ryan's voice
re turned under treatment. Physi
cians said he suffered from aphasia
brought on by fright llyan said he
could hear tho police asking him
questions but could not answer.
Urges Presidential Primary.
Washington, Nov. 10. Urging the
holding of presidential primaries,
wherever possible, Walter 1 looser,
chairman of the progressive-republican
campaign committee has mallei
litters to nil governors throughout
the country.
He quotes the resolutions adopted
at the recent Chicago progressive con
ference, demanding a direct presiden
tial preference primary in each state,
like Oregon.
Death Follows Saloon Fight.
Great Galls, Mont. George Ulzack.
a wealthy rancher who lives near Col
lins, 35 miles nort hof here, is dead,
and the sheriff has a warrant for
John Dickenson, another well-to-do
farmer, charging him with the mur
der. Ulzack's body was found by the
roadsido. Ho and Dickenson had a
fight in tho Oasis saloon, It is said,
and wltnes-es declare that after Dick
inson knockod Ulzack down he kicked
him on the head. Ulzack. however,
started home on horseback, but evi
dently succumbed to his Injuries on
the way homo.
All NORTHWEST
IS
Worst Snowstorm for This
Season, in 28 Years His
tory of Bureau.
SHEEP CAUGHT IN HILLS
Feed IWng Rushed to Flocks In
Mountains Farmers Are Benefit
ted Ixw Temperature Will La.st
Several Rays More Snow Tonight.
Portland. Ore.. Nov. in Th Pa
cific Northwest today is experienc
ing its first heavy snowfall for this
nine 01 year, in the history of the
weather bureau, which extends back
twenty-eight years. The storm is gen
eral. In Oregon and Washington, west of
the Cascades RnntV In maaanrhla
quantities fell during last night. .
in tne mountains and eastern Ore
gon and Washington and in Idaho,
from half an inch to one foot of snow
covers the ground, according to the
altitude.
The temperature on the coast this
morning was freezing. It is expected
the cold snap will continue several
days, with lessened precipitation af
ter tonight.
Sheep In Mountains.
Coming early and unexpectedly, the
first snow storm of the season of any
consequence has caught many bands
of sheep in the mountains but such
loss or additional expense that it
causes the flockmasters it makes up
in benefit to the graingrowers, and
generally it is regarded as a blessing.
As predicted yesterday, the light
flurries of the day were followed by
a heavy fall during the night and this
morning the ground was covered here
in the city by a four inch mantel of
the' "beautiful, white silence." Reports
from over the county indicate a sim
ilar fall in all the lower sections while
in the mountains it was considerably
heavier.
Early this morning Will Moore re
ceived an order by telephone for a
carload of hay to be sent to Hllgard
where Rugg Bros, have a band of
! sheep stalled, if the weather shows
no immediate signs of clearing. ,
Reports from Meacham are that
William Slusher and the J. E. Smith
company each has two flocks at that
place which were held in the moun
tain grazing districts too long, and
a number of other mutton and wool
glowers are reported to have been
caught similarly. However, If there
is no additional fall in the next few
days, it is believed that the sheep can
be driven out. Otherwise, they will
have to be brought down in stock
cars.
Messing to Farmers.
While a number of the ranchers
over the county are prevented from
further seeding by the snow, all are
greatly benefitted. The grain which
is already up will be protected by the
white blanket while that recently put
ii the ground will be greatly aided
by the moisture. If the snow melts
In a few days, as is probable, the
ground will be left in splendid con- .
dition for what seeding is yet to be
done.
But little snow has fallen during
the day but a cold wind has prevent
to that already on the ground from
melting, and indications are that there
will be more snow fall tonight.
TAFT REPRIEVES
DOOMED MURDERESS
Suwanee, Tenn.. Nov. 10. A pa
thet'c plea for the life of a negress
murderess. Mrs. Hattie Lomax, under
sentence to hang, in the District of
Columbia, for slaying her husband;
Interrupted Preside" Tuft's visit here
today.
lie granted her a reprieve of ninety
days, pending a personal investiga
tion There is a can'oaign on to save
her through sentiment. Mrs. Lomax
is under sentence to i'-C November
20. If she hangs she will be the first
woman suffering death in the District
of Columbia since Mrs. Surratt was
hanged for complicity In the assassi
nation of President Lincoln.
Today tho president visited the
University of the South, alma mater
of Major Butt, bis aide, and of for
mer Secretary of War Dickinson.
Alleges lluslwiml Is Unite
Eva Speer has commenced suit
against Tom Speer for a divorce on
the grounds of cruel and Inhuman
treatment. In her complaint she sets
forth that they were married in
Freewater in 1903 and, after a few
weeks of marital bliss, her husband
changed in his demeanor and began
upon a course of treatment that caus
ed her great mental suffering. Fre
quently, she alleges, ho cursed her
and flew into unwarranted fits of
rage toward her and their two chil
dren, and recently threatened to kill
her. James P. Neal of Freewater, is
her attorney.
SHIVERING