EVENING EDITION EVENING EDITION WKATUEU REPORT. Fair and cooler tonight. . Wednemluy fair. 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. PENDLETOX, ORF.fiOW TUKSDAV, XOVKMIJKli 21, Hill. NO. i -rrn... .1,.,,. ')SimiDmil i ESSSSS W WATER RGHTS PROVEN Commercial Club Board Asks Federal Officials to Settle Reservation Cases. SEEKS FOR FULL ACTION Jly Resolution Hoard of Managers Ask lT. S. Attorney to Got Busy Aid of Senators ami Others Will lie Invoked. Througrf notion of the board of managers yestorday afternoon the Pendleton Commercial club has taken up the cau-e of the Umatilla Indians and the irrigation of the reservation liy urging that government officials proceed at once to secure a full and speedy determination of the rights of the local rodmen. At a meeting of the managing board held at 4 o'clock in the after noon yesterday the following resolu tion was introduced and adopted without a dissenting vote. Tlio Itesolutloii. Whereas, tho right of the Indlnns of the Umatilla reservation to the use of water from the Umatilla river and tributary streams in the irrigation of their allotments Is a subject of litiga tion in the United States courts. Whereas, the best Interests, of the Indians of the aforesaid reservation require that every reasonable step be taken by the nttorneys for the gov ernment towards fully and speedily establishing the rights of the govern ment's ward, to-wit, the surviving members of the Umatilla, Walla Walla and Cayuso tribes. Whereas, the bent Interests of tho peoplo of the city of Pendleton and of its surrounding territory require that tho rights of the Indians be establish ed to the end thnt their reservation may be developed and made more productive. Whereas, the Pendleton Commer cial association is an organization which has for its chief purpose the promotion of the material welfare of the city of Pendleton and Its tributary territory. Therefore, be It Resolved, that the managing board of the Pendleton Commercial associa tion favors the full and speedy deter nrnvtion of to rights of the Indians and that the officer of this organiza tion be d if cried to work In every rea sonable way to such an end and be H further resolved thnt copies of this resolution, signed by the president ninl secretary be forwarded to the United States attorney for Oregon, to each member of the Oregon congres sional delegation, to the commissioner of Indian affairs at Washington, and to the secretary of the Interior. Want a Soitleumit. The adoption of the resolution was moved hy K. It. Ald-lch and the mo tion was warmly supported by a number of those "present, Including President Pan P. Smylho and Dr. C. J. Smith. In the course of the dis cussion the subject of Pendleton's In terest In the question was touched up on and It was nlso urged by IT. D Gray that the best Interests of nil call for a se'tleinent of the rights, what ever they may be. C. I. Ladow, who Is both a mem ber of the managing board and of the city water commission, inquired as to the possible effect of the passage of the ro-'olut'on upon the efforts of the rily to obtain a gravity water supply. 11" was told that inasmuch as United States Attorney MoCourt has already ruled that the city's right to water Is H-cond.ity to tho right of the Indians the municipality has nothing to lose from a complete establishment of reservation r'ghts, but on tho other hand, will gain grently should these rights be fully established. Those prevent nt the board meet ing yesterday were President Smythe, Secretary Keefe. Pr. C. J. Smith, C. I. Ladow, H. P. Cray, A. J. McAllister and .F. I!. Aldrlch. VJCTIM PETRIFIED BY DOCTOR'S EYE San Bernardino. Nov. 21. When Dr. McDavIt was literally enrrled into tho superior court room here today, to stand trial for holding Miss J ess I o McDonald, a. local high school girl captive in a room adjoining his dent ist offlco for fifteen months, the girl who wns seated in tho court room sl.leked: "Those eyes, those terrible eyes, take me away, I feel my body turning to stone." Tho court allowed friends to take her from tho court room, with her baby. Arthur, of which it is alleged McDavIt Is tho fnther. California Sccial Session. Sacrnmonto, Nov. 21. Governor Johnson today issued a call for a special session of tho legislature for Monday and Including therein twenty six subjects for legislation. A presi dential primary which ho favors was tho first subject he dealt with. YUAN SEES SURE REBEL VICTORY Chinese Premier Expected to Join Revolution ists Soon ilnnkow Again Reported Captured From InqM-rlalisi.s Maix-liu Jtclgn Is Doomed. Peking, Nov. 21. Yuan Shi Kal, the new premier, Is quoted today as having said that the fight to save the Manchu throne is hopeless In view ofi the widespread character of demand for a republican form of government. It Is bel eved Yuan will soon Join the I rebels openly. It is rumored tut unconfirmed that the rebels have recaptured Hankow. If this proves true and tho rebels' capture Nanking, practically nothing' remains but for the Manchus to aban don the conflict and make their way to safety by flight. ; Missionaries Safe. London. Nov. 21. Chinese rebels sacked the town of Tal Yuen Fu. in the province of Shan Si. according to a cable dispatch from Shanghai to the Bantist mlssionarv socinlv hr Tho town is in ruins but It Is reported that the mlfs'r.narles are safe. Tai Yuen Fu is In' the same province In which twenty-five foreign missionaries were slain recently. GIRL TELLS OF TAR AND FEATHER OUTRAGE 21. An - Lincoln Center, Kas. Nov. nnmntlf ..... t Innlnu., tt... !.,. 1 iii,uii',iican, .11113 CllilUIUtM- lain, the young lady school teacher, testified today in the trial of three of the fifteen men who are charged with tarring and feathering her. She su!d she was stripped of her clothing from her waist down while Edward lllcord, who escorted her in a buggy was hidden In the bushes, af ter the musked men had stopped them. Afterward, she said, Rieord reap peared ninl drove her home and later boasted that he had been paid for enticing her there. Tlie reason for the outrage Is un known yet. i:i:i..tivi:s of powdku mux victims awardkd ixsl'kaxc'k Olympia. Wash., Nov. 21. State In dustrial Insurance Commission awards of J 7.G.".t.2."i have been made to rel atives or the eight gills who were killed In the Imperial Powder mill explosion at Cbeiialls. Tliis-will come out of a fund paid by the powder industry in the state. The Pupont company says it will refuse to pay its assessment, ns it would .be paying more than lu rival company. STUCK AND BOND VTi:i!lc t RIMINAL, SAYS COMMISSION Washington. D. C. Nov. 1 wa tering of stocks is a criminal offense In tlie eyes of the commissi. in, re cently appointed 1 to investigate the practice, according to tho commissions report which was puoiisnea voclay. Federal supervision of all stocks and bonds Issued and special v.-iln. atlon of railroad property hy the gov ernment, giving publicity to the ac tual stock values and legislation making other capitalization a crime are among the recommendations of the commission. BANK Fits FNDOKSF ALDKICH JtKsF.UVK ASSOCIATION PLAV New Orleans La., Nov. 21 The American Bankers' association's 37th annual convention opened here today with delegates representing 12 275 banks, throughout tho country, "at tending. Tho Inovation was deliver ed by Arehhihop HV,ik and Mayor Behrmnn welcomed the bankers President Watts submitted a report strongly endorsing tho reserv asso ciation plan of ex-Senator Aldrlch, chairman of the national monetary commlss'on. Practically every speak er endorsed the plan. Mr. Aldrlch in speaking and sup porting h's new monetary banking plan, said: "The failure of our monetary sys tem Is largely attributed to the in ability of our banks to co-operate In times of stress and our defective, in elastic system of note Issues." He then concluded by saying that his system would not compete with tho existing banks but would maintain the integrity of them. O.-W. U. & X. Drakenian Killexl. Walla Walla, Wah., Nov. 21 Brakemnn Thomas Wilkins of tho O. W. R. & N. company, who was in jured on Alto hill yesterday after noon when ho fell under a freight train which he wns endeavoring to board, died at 2 o'clock this morning In St. Mary's hospital, where ho had been brought to receive surgical at tention. Both limbs were frightfully mnngled by tho four cars which pass ed over him and, owing to loss of blood, but little hope was hold out for his recovery. J! D. HAS BOOMED 'Through Attorney, Small i Shareholders of R. R. Are Defrauded. ALSO BEATS COMMISSION One Small Measure of Stock, Valued at IjChm Than Five Hundred Dollars Pays Annual Dividend of Two Hun dred. Washington, Nov. 21. That he padded the reports of the Duluth, Mesaba and Northern Railroad com pany, under the personal Instructions jot George Murray, Jno. D. Rockefel ler's personal attorney, and that the ell king somehow absorbed some 'valuable stocks which he held, wa toe burden of testimony given by C. II. Martz, the engineer who construct el In-line, testifying before the Stan ley congressional committee which is 11 VOfi;lsutl"s tne steel trust today I lle tald tnat after Rockefeller got co,!lro1 the road, he was instructed 1 lo mui;e a report, so padded as to j show that the road was valued at leipri million dollars. This was submitted to the Minneso ta state railroad commission, in or der to show that the freight rates charged on ore were not exorbitant. Martz said that he had owned nine teen shares in the line hut tnm.,1 i over his holdings, when told to do !so, as the concern needed the shares , to holl.i n i.r.k . 1 I .."....II 1 O.XtJ. Rockefeller offered him J25 a share for the Hock: He sold It at thirty uonars. -j-ne same stock J200 yearly dividends. now pays Surgeon General Succumbs Washington, Nov. 21. Walter Wy man, surgeon general of i.nhii.. imr.iii. iimd marine service, died' at rovidence hospital at 12:20 o'clock this morn ; ing after an illness of several month--. The direct cause of pr. Wyman's i deuth was a carbuncle which devel i oped four weeks ago after he had been in poor health several months. The body will be taken to St. Louis land the funeral probably will be held j there Thursday. Convicts Clioosu Bullets. Prince, rtah. Nov. 21. Given the choice between hanging and shooting by l)i.-trict Judge Christenson today, two convicted murderers chose tlie bullet and were sentenced to be shot at the state' penitentiary on January 1!" Frank Romeo and Robert Srf fey, the men who are to die. murder ed Albert V. Jenkins at Sunnyside. l'tah, fr the purpose of robbery John Corler. found guilty of complicity i the crime, was sentenced today to Pfe imprisonment. . Old Tic-Id to Bo Reinstated. Savannah. Ga., Nov 21 It was announced here today' that Barney , Oldfield may take part in the Van ! (1''rl'!H cup race next year. It is said I ho "'rive a car if the American . Auto association decides to reinstate b in, which is probable. Knilmnd Man Drovt n. Chehalis. Wash.. Nov. 21. Dill Ko n'dna. a railroad section hand, was drowned today in a neffort to swim acro-s the flooded bottom lands near Drs city. The man with whom K. mdas made the bet, it Is asserted, de manded the stakes after the accident. Bixohnll Magnate Dies. New York, Nov. 21. William Rus sell, president and chief owner of the rosmn .National Baseball club here today. died LOCAL W. 0. W. TO ROUNDUP MAVERICKS Taking advantage of the popular "y or Kound-l ps. tho Woodmen of; the World in this locality have plan ned ,t m. uister round-up f,,r Decern -her 11, at which time they will put their brand on such mavericks and yslickcnrp" ns they succeed in herd ing Into their corrals during the next three week--. This was the announce ment made this morning by J. p. Walker, clerk of the local camp. Who is himself very active just now In scouring the prairies for unbranded stock. , The W. O. W. round-up will' be participated In by all of the camps of that order In the county and It Is ex pected that one of tho largest clas-es of Initiates in the history of local lodgedom will bo tnken through the mysterious rites whleli will qualify them to wear tho insignia of the wood choppers John F. Hoyt, district manager of the lodge has been in the country for tho past ten days and is at the head of the campaigners. Ho Is spendlne a portion of his t'me with each camp and Is meot'ng with splendid results. Following the initiation ceremonies on Decemher 11, a social session will be held at which lad'es will he Inv'ted inn me rounu-up with a b'g clam 1 bake. HEIRS MAY LOSE mortgaged lands Holder of Lien Asks Court to Order. a Fore closure Suit Commenced hy Heirs t0 lYirce Division Interrupted and Partition In; May He I'lmojecssary. If an answer filed yesterday In the suit of Faye Smith et al vs. A. H. Sunderman et al by Claude Sloan succeed.-- In its purpo-e, the heirs of E. L. Smith will be left in the position of the man holding tse sack on a huntng expedition. Sloan asks the court to order a foreclosure on a mortgage which he holds on the land which these heirs want divided and, should this order be given, there will be little left to divide. E. I.. Smith (not the Pendleton merchant) purchased a number of years-, ago the old Sloan ranch on Putter creek and at that time execut ed a mortgage for $16,500 to Frank Sloan upon the hind acquired. This mortgage was sutsequently transfer red to Claud Sloan. Later Smith d'ed. leaving to his heirs. Smith, Sunder man et al his mortgaged property. Recently several of the heirs com menced suit against the others and named a number of other persons, claiming to have interest in the prop erty, as co-defendants. Frank Sloan was one of tVu-se, but by motion Claude Sloan has been substituted, because of the transfer of the mort gage. Now comes Claud Sloan, through his attorney, Frederick Steiwcr, with his answer to the original complaint and asks for a foreclosure of the mort gage he holds, and it is probable that this move will result in the Smith heirs. heretofore divided among themselves, uniting to fight a com mon enemv. lUUI.i; CLASS TO SFK RING 'MILL' A. .T. Drexcl Hiildl,. f Philadelphia Vill liKfirixirate Fistic Art in C'ur r'ciiliim of Sunday School. Philadelphia, Pa., Nov. 21. J. Drexel Diddle, millionaire, boxer an 1 Sunday school worker, believes in box ing as an amusement and an enter tainment for the members of his bible da s (if Holy Trinity church. He has arranged to box Danny Hutchinson tin' former football star of the I'ni vers'ty of Pennsylvania a! an enter tainment under the direction of his bible class. The bout will be staged at ro the ..rth Proad street drawing 'ins. 715 North Droad street. The ney will go to the Drexel-Biddle le class WILL NOT IIOIMIS PY I'DIi i on A It MY M UN Washington. Nov. 21. Tlie army cannot maintain a pack of hounds to be followed in hunts, so that officers "lay improve their horsemanship. The controller of the treasury has so decided. The commandant of the mounted service school at Fort Riley, Kans., asked authority to expend not more than $25 monthly for this purpose. It was endorsed by the secretary of war with the statement that Euro pean army men engaged in this train ing and that there was no better way of promoting good horsemanship. The controller maintained that Ciere was no authority of law for the expenditure. Cnnfoscs to 1 Soldiery. '.rand Rapids. Mich.. Nov) 21 Ac i oiding to the Grand Rapids police ton ght, Percy B. McClelland, a for :vcr employe of the Adams Kxprcs company, has confessed to the rob bery of the express company's safe at the depot Sunday night. Detectives today recovered $7(!,-.3 in currency and checks at his home WOMAN SLAYER OF SPOUSE IS SERENE Denver. Colo.. Nov. 21. When the al of Gertrude Patterson opened lay, Mrs. Patterson garbed careful . seemed serene and unruffled as e lawyers wrangled over the sclec- of the list jurors. It was evident that the defense wilt plead emotional insanity and self defense for the kill'ng of Patterson, whom she claims she shot because he i-oU ber to F.mil Ctrous. a wealthy Chicago clothier, for $1300. and at tempted to make her continue the blackmail. The prosecution hope to combat the effect of the story that the woman will tell by introducing letters Pat terson wrote in which he said she had confessed she wns guilty of wrong doing, and promised to kill him if he prosecuted Strous, ns lie had threatened to do. Cltiirw Illegal Registration. T.os Angeles. Calif., Nov. 21. Scores of warrants for alleged Illegal regis tering nre expected ns a result of a conference today between District Attorney Fredericks and Samuel Frown, chief of detectives, who says ho has evidence that there has been a systematical colonization of Illegal voters, for Tuesday's municipal election. CCATTIC TUI00T0 uLHI ILL miilOIO FMIJE CONTINUES TO GROW Two Thirds of City is Now tire City Will Be Tonight. ALL PUBLIC INSTITUTIONS ORDERED CLOSED Metropolis is Without Means of Combatting Possible Fire and Situation Promises to Become More Grave Railroads Are Demoralized. BEATTIE PRAYS AS CHAIR IS TESTED Richmond, Va., Nov. 21. With scarcely a shadow of his spirit of jauntiness in evidence, Henry Clay Beattie, under sentence to be electro cuted Friday for the murder of his young wife, today threw off his bra vado, when electricians began testing the electric chair in which he will die in three days, fell on his knees and prayed. Apparently having suddenly come to a realization of the short period of time left for him to live, Beattie is trying to find comfort In religion which he has until today steadfastly refused to consider. Reports that Beattie has confessed to Reverend Dennis are unconfirmed today. It is believed a detailed state ment will be made after the execu tion. I'At KKHS CIIAXGF, TIIKIIt M1XDS REGARDING F.NTItY Chicago, 111, Nov. 21. Counsel for packers, being prosecuted for viola tion of the anti-trust law, did an un expected thing again today when they appeared before United States Circuit Judge Kohlsaat and moved for an im mediate entry of his decision quash ing the:r writ of habeas corpus and granting their appeal. Judge Kohl saat granted the requeFt. Last Saturday the packers' attor neys protested against an immediate entry, evidently with the idea that they might gain time for another coup. The trial on the main issue is set j for Wednesday. I MI'ltCH ANT MARINK IS lItGLD. Army Officer Declares V Not TransiMir't Troops '. S. m Could Heal" I War. Chicago, 111, Nov. 21. That the 1'nited States is greatly in need of an increased merchant marine was as serted by Major W. H. Wilkins. I". S. A., in an address before the Hawk eye Fellowship club in the Auditori um Hotel. In speaking on "The Causes of the Turkish-Italian War" Major Wilkins declared that should the 1'nited Slates become involved in war at the present time it would be an Impossi bility to .-upply transports for soldiers. "In case of war the Cnited States would find itself In the same position as Turkey is in today." he said. "We have e-ivon all our attention to huild Mig battleships and have made no provision for an adequate merchant marine. In case a real war. lasting for any period of time should start we would not bo able to cet our troops -n tlu ground of battle " Mis-lon Committee- Adjourns. Denver Colo., Nov ;j. .ft,.r hav ing distributed fur mission work in different forms J1.0S2.99S, the gen eral comm'ttee of foreign missions of the Methodist Episcopal church ad journed last night. Spokane. New York and Chicago offered to tnter t .i!n tho committee next year, but the sel,-ction was left to the board at New York. B'shop Hamilton said that $12.aiia had bet n received from is person who had responded ?o the emergency app. U which was sent out last even- ing. A i all for J1 for next year. .OO.nOo was decided on St.Vt.noo F.iv in IVoria. Peoria. 111., Noy 2 1 The Avery Manufacturing company, makers of traction engines and threshing ma chinery, suffered a loss of approxi mately Jisa.aoo by a fire which con sumed a block and a half of their structures at 3:30 this morning. The Plant is located at AvVryville." which joins the city and employs about 300 men. Xiiio Hurt In Collision. Berkeley. Cal , Nov. 21. Nine per sons were injured, none fatally, when two electric Grains of the Oakland. San Francisco & San Jose railroad crashed together in a head-on colii--ion near tho Berkeley pier last night. A mistake on the part of a towerman in throwing a switch Is believed to havo caused the accident. H. M. Word of Athena was trans lating business in Pendleton yester- day. AO UlATCn HO VVHI Lll Without Water and En Seattle, Wash., Nov. 21. This city today is facing the most serious situ at'on of its history, as a result of the floods, which have cut off the water supply here and wrought hundred of thousands of dollars of damage throughout western Washington. The water famine is rapidly grow ing worse. More than two-thirds of the city is today without water. Only enough water is in the distributing reservoir, near the city, to last anoth er day, when the entire town will have to face the problem. All schools have been ordered clos ed and the courts and other public institutions will also close during the day and remain closed until the sit uation is relieved which will not be for several days. Water Is being hauled by all avail able vehicles, from Lake Washington, and boiled, in order to meet the needs for drinking water. Business men are almost panic stricken, as the town is absolutely without fire protection and'this dan ger is considered very great. According to reports from points east of here, the floods are subsiding, de pite the fact that more rain fell yesterday and last night. The Chicago, Milwaukee and Pueet Sound ra'lroad will not be able to re sume direct service east for at least another week. Three steel bridges, on the line between this city and Landsberr. have been destroyed. The Great Northern is making an effort to get the Oriental Limited train into this city tonight. The Northern Pacific tracks have been washed out nt a number of points along the line. FKISCO DIAMOND SAT.FSMAX HOfJBKD AND MLKDEHFD San Francisco, Cal.. Nov. 21. Mur- I dered and robbed on the "Barbary Coast ' of $3. ana worth of diamonds, the body of Benjamin Goodman age 21. a salesman for the BrilTant Jew elry company here, was found in a gutter under a pile of debris on Front street today, with his head crushed to a pulp. It is believed the body has been concealed In some den since Saturday and was deposited in the gutter last night. The last heard of Goodman was Sat urday when he phoned to his em ployers that he had a prospective .-ale on the Barbary coast. The body was found under the mash debris from a wine plant by Milton Gale, who saw a foot protrud ing He started to kick it thinking it an oil shoe. Then he saw the an kle and uncovered tV? ghastly find. Go.-.dnian resided at Stockton AIMN KAFS I P ON MILITAUY FXPANSION Tokio, Nov 21. F.f forts of the Japanese dingo party, to inaugurate an era of great expansion in Japan's military and naval power, was defeat ed today in the cabinet after a six hour meeting. The program w t. opposed by th minister of finance who pointed out that Japan needs to iro slow to rehab ilitate :ae nation s finance-. Piv.-lilent 1 mprmtil. ':intt'n. Nov. 2 1 . President improve 1 today, but his phy w mt allow i;uu to p,, to his A cabinet meting was lull white house todav W. Tcfi DARROW AGAIN ASKS FOR A NEW RULING Hall of Records, ios Angeles, Nov. 21. Alleging that the prosecution w'as given material advantage by court's ruling, that it can challenge for cause, nun who refuse to convict in capital cases where the evidence is entirely circumstantial, whllo tho defense cannot challengo on tho same grounds. Attorney Harrow asked the court to reopen the question today. Judge Bordwcll denied tho appli cation "without prejudice," saying It rossibly may be reopened later. This tilling would favor tho de fense b-at Harrow contends that when a jury is allowed to tlx life Imprison ment for a murder, they might con-vii-l a man knowing the decision would not be fatal to a prisoner and could be rectified. No jurors were passed, today.