DAILY EVENING EDITION
DAILY DEN EDITION
TO ADVERTISERS.
the Kast Oregoulaa baa tht largest paid
otmuatlon of any psper Id Ortgou, east of
.Portland ud over twice tbe circulation to
tasdittun ot any otner newspaper.
Forecast for EaMera Oregon, bjr th
I'nltrd Stairs Wratlirr Obmrw
t Portland.
Rain or anow tonight am) WclnM.
cay; cooler tonlicht.
COUNTY OFFICIAL PAPER
COUNTY OFFICIAL PAPER
VOL 26
ILY EAST OREGONIAN, PENDLETON, OREGON, TUESDAY, FEBRUARY 9, 1915.
NO. 8121
ran to fight
TO END FOII SHIP
Hew Avenue of Discussion is Open
ed in Filibuster in Discussion of
Proposal of Senator Reed.
REPUBLICANS SCORE HEAVILY
lYtxIdont Not Convinced Vet TluU
Extra KewtJon of Conirres Will be
Necuwary Declares Tliat German
War 7xno Proclamation Should not
Influence raftav.
WASHINGTON'. Feb. 9.Presldent
Wilson Intend to fiKht to the last
ditch for the ship purchase bill. This
.Ht least, wasthe Intimation given
White House callers today. The prc-a-nt
filibuster In the senate haa not jet
convinced the president that an extra
session of congress Is necessary.
Wilson aald the German, war lone
proclamation should not have any In
fluence In the bill's passage.
' WASHINGTON, Feb. 9. With the
i.blcct of adopting a rule centering
ih rountry'a attention on the flllbua
ter. friends of the ship purchase bill
tmlv succeeded In opening a new ave
nue of discussion today. Following
an all night speech of Senator Jonea
of Washington, Keed proposed that
members of the senate be kept In the
senate constantly, unless personally
excused aa long aa the senate la In aes
inn since the evident Intention f
the majority was to keep the aenate
rn continuance session until a ote win
reached, the adoption of the ruie
would have forced a vote aa soon aa
the filibustered were physically ex
hausted. The republicans acored
heavily when the aenate declined to
debate the Reed proposal by a vote of
Si to 3. Jonea held the floor fof
If hours and 65 minutes.
Tha republican retained Senator
Kenyon and all the other bolter on
their aide on thla vote and in addtl
on gained Bryan of Florida. The
democrats gained only one vote, that
of La Toilette.
Seeing the hopelessness of passing
hla continuous attendance resolution
Reed later attempted to withdraw it
The republics objected. Reed the
moved It be tabled, which would kill
It. This was done without a rollcall.
WASHINGTON. Feb. ".Adminis
tration forces of the senate succeed-
ed late yesterday In forcing the repuD
llcana and Insurgent democrats back
to the defensive In the flftht over the
government ship purchase bill. Ac
ceptlng the Inevitable, leaders of the
opposition renewed their declaration
of unrelenting war on the bill, to be
continued If necessary until adjourn
ment on March 4, and general debate
was resumed In another protracted
session which ahowed no slgna of
abatement at a late hour last night.
Jonea to Talk a Month If Necessary.
When the night session waa aseur
ed, Wesley L. Jonea of Washington,
who had been preparing for auch an
emergency for more than a week,
took the floor and launched into a
apeech designed to extend throughout
the night. Senator Jonea declared he
would talk until March 4, If physical
ly possible, In order to accomplish the
defeat or the bill.
. (Continued from page 6.)
FROM 1-15 VIS
III PEIIITEII1II
$500 Fine Also Given Young Indian
Convicted of Manslaughter in
Connection With Farmer's Death.
YOUTH MIKES NO STATEMENT
J iiclt; 11ielM Delivers Kindly Lecture
Ilnrko Receives Sentence Un
moved I'ndtT the Law He Will be
Eligible) for Pardon at End of Year
Provide! Ho 1 Good.
Miners Wives Relate Tale of War
J.
I
VATFR BUS
Win rnniptc
X iflll UULLii UL
to nmiir Tnm
Ann
WHIM
SETTLE DISPUTES
Decree and findings of State Water
Board Over Umatilla River Ex
pected Within 10 Days.
3 YEARS WORK FINISHED
One to fifteen years In the state
penltentlury and $500 fine was the
sentence Imposed this morning at
9:45 by Circuit Judge Phrlps upon
Richard Burke, the young Indian con
victed Saturday of manslaughter for
the death of Kd Klrkpatrick, promi
nent reservation farmer.
Before panning sentence, Judge
Phelps announced that It was his op
inion, concurred In b'y the attorneys,
thut the stutute does not permit a
sentence of any definite number of
years, a term without limitation of
time with a minimum of one year and
a maximum of flteeen years being the
only possible sentence. In addition
he was permitted to Impose a fine up
to 15000.
When asked if he had anything to
say why sentence should not be pass
ed or his punishment mitigated, the
Indian boy answered in the negative
and hia attorneys, Col. Haley and
Will M. Feterson. also announced
they had nothing to say. '
Prior to announcing hia sentence,
Judge Phelps delivered a kindly lec
ture to the youthful defendant "I
do not have to tell you.'' he said.
"how sorry I am to be obliged to send
you to the atate penitentiary. I am
more aorry that I would be If you
were a white man for, in your case,
believe that Inherent and racial
weaknesses were partly responsible
for your act I trust that your pun
Ishment will not only be a lesson to
you but will also show other young
men that whiskey, a gun and sport
ing women are a bad combination.
'The court and the attorneys have
agreed that there Is but one sentence
that can be Imposed under the stat
ute and this court will pass that sen
tence. Any clemency that you may
deserve must be exercised by the .of
flclnls at Salem. I want you to feel
that when you get out of prison that
you will not be lost beyond redemp
tion. If you will leave liquor and
1 women alone, you can yet become a
pood citizen."
Burke received the sentence un
moved. The sentence permits him to
receive a pardon at the end of one
)ear providing his conduct as a prtu
oner Is good and other circumstances
warrant him receiving his liberty.
Prior to the passage of the sen
tence, he was permitted to converse
In the sheriff's inner office with Bll-
lie Clifford, the woman who figured
ao prominently In the case. She
haa showed a warm Interest In the
young Indian, an Interest that has
substantiated the statements made by
the district attorney In his arguments.
And sometimes a man la misunder
stood because there la nothing In him
worth Investigating.
0 ON
1
IN
RUNAWAY
TAKEN
10
HOSPITAL
Rev. J. M. CornelUon, missionary at
the Indian church at Tutulllm Is con
fined to a bed of pain In St Anthony's
hospital as the result of a runaway
accident yesterduy afternoon. He Is
suffering from severe scalp wounds
and a badly sprulned ankle but feels
himself fortunate In escaplnR without
more serious Injuries.
He was driving In yesterday after
noon from tho reservation and In
tended catching the mlanlght train
for Portland to attend the meeting
of the home mlsnlon committee of the
Oregon synod, he being the chairman
of the mission In the Pendleton Pres
bytery. . About 2 o'clock as he was ap
proaching the eastern city limits, his
team of horses took sudden fright
nnd ran,
Rev. Cornellson had a window
frame In the front of tho buggy
against the dash board, bringing it In
to have a glass put In It, and tho lines
were resting on top of the casing. The
sudden lunge of the team Jerked him
forward In such a way that his feet
were , drawn through the window
framo and over the dash board, his
head and shoulders resting upon the
seat. In this position he remained un
til he worked himself loose and up
over the seat. He dropped from tho
back of the buggy alighting on hla
head in the middle of the road near
the Waugh place. His head pre
sumably struck upon a rock as a long
gash was Inflicted and part of the
sculp peeled off.
The first plunge of the team had
pulled the tongue of the buggy out of
the socket of the neckyoke and, aa the
horses reached the Fee barn they
broke loose from the buggy entirely.
At the corner of Court and Franklin
streets they fell and were caught by
passing men. One of the horses was
badly cut about the legs and bled
profusely. They were taken to a livery
stable where Dr. McNubb dressed tho
wounds.
The men who caught the horses,
after tying them up, followed their
trail back and came upon Rev. Cor
nellson In the road Just as he was
recovering consciousness. He was
helped to a neighboring house and
Inter taken to Dr. Parker's office
where his Injuries were dressed. After
wards he was taken to the hospital
where he will be confined for several
daya.
. J I
''-' I
m Jt 111
At the left, Mra. Mary Petruccl, and
at the right. Mrs. Margaret DomlnicL
NEW YORK, Feb. . On th wit
ness atand before the federal Indus
trial relations commission sitting in
the Metropolitan building, two coal
miners' wives, Mra. Margaret Domin
lc and Mra. Mary Petruccl, both of
whom wera under fire throughout the
Ludlow atrlke battle In. Colorado last
year, told their etories to the commia
a!n. During the labor war three of
Mra Petruccl'a children were smoth
ered to death in the "black hole at
Ludlow, ' an excavation Into which
they hud gone for' safety during the
fight.
Much Testimony Has Boon Taken and
Kicry llight to the River Will be
Determined A,l!roriatr .Must
.Make Vkc of Water W ithin 5 Yearn
or IMe Their ICIghm.
m
Petrograd Predicts Failure of At
tempt to Capture Poland Strong
holdKaiser is at Front.
TROOPS BEING WITHDRAWN
MU U HOLD
OFFICE OF HIT)
Jill SIX ins
Kufan Movement Ams fjuit Proa-
Ha Has Iteen Suoecrul, According
to Report from .Slav Capital Or
inn 11 Are lighting- Stubbornly
KalT Reviews Forces.
State Supreme Court Today Hands
Down Opinion in Case Governing
Length of Term.
ALL 00OBTS ARE CLEARED UP
Coni Decide Judges Holding Offlcw
111ir to January 1 J Jected for
Terms of four Yean and Amend
ment Adopted In 1910 AppUoa to
Those fjeitej tjub-KuentJ.
DEBATE OYER LEASE OF TWO
LAKES IS UP IN THE HOUSE
MF.MHKHS OF STATK Ii-D
HOARD CALLF.D ON TO K-.
PLAIN PROPOSAL.
SALEM. Ore., Feb. 9. A debate on
the ratification of a lease of Summer
nnd Abner lukea lasted throughout
the forenoon today and Into the after
noon session. The house went Into
a committee ot tne wnoie uner mv
afternoon recesa so that membera of
the atate land board might explain
the provisions of the tentative contract
tntered Into with J. C. Moore and as
sociates for the development of salt
deposits.
The senate spent the morning de
buting Moser's bill providing that the
governor may direct the attorney
general to go into any county and
take charge of the prosecution of a
case before the grand jury or courts.
The debate continued this afternoon.
The state accountancy board came
under fire in the house when the
question of passing the house bill am
ending the accountancy law came up.
defeated on the
giound that It allows counties to au
rtrvise the biennial audit.
LOOKING FOR GERMANS
ft .
i N i - " '5 i
Within the next ten days the de
cree and findings of the state water
board In the adjudication of the wa
ter right of all the users of water
from the Umatilla river and Its prin
cipal tributaries will be handed down
and filed with the county clerk, ac
cording to information from well In
formed persons. The final adjudi
cation will not only be Important In
determining the amount of water all
appropriators can use but will also
mean that these appropriators must
make use of their water within a per
iod of five years or lose their rights.
The prospectus of the decree of the
water board has been prepared, ac
cording to reliable Information, and
the final form of the decree Is being
prepared. When filed for record, any
holder of a water right who Is not
satisfied with the board's decision will
have thirty daya in which to appeal
to the circuit court and later may take
appeal to the supreme court which
Is the final authority.
Amended Section 8630 of Lord's
Oregon Laws provides that after wa
ter rights have been finally approved
that actual construction work on lr
rlgation projects or other work look
ing to the perfection of the water
right must be begun within one year
and completed within five years.
However, It is further provided that
an extension of time may be. granted
providing the holder of the water
right can show good cause. In de
terminlng said extension, subdivision
( of Section 6585 provides that the
water board shall take into consider
ation "the cost of the appropriation
and application of such water to bene
ficial purpose, the good faith of the
approprlator, the market for water
or power to be supplied, the present
demands therefor, and the Income or
use that may be required to provide
fair and reasonable returns upon the
Investment."
This law in conjunction with the fi
nal adjudication will act. according to
local irrigatlonlsts. in preventing the
holding of water rights for specula
tive purposes and It Is anticipated
that here in this county It will result
in considerable development work or
else the loss of water rights.
The adjudication of the Umatilla
waer rights has been under way for
three years during which1 voluminous
testimony was taken. Every right on
the river will be determined and the
writer master of the county will then
become a very active official Inas
much as he will be required to see that
appropriators use only the amount ot
water allotted to them. In case of
disputes or when he has reason to
believe that some approprlator is us
ing more water than he is entitled to,
It will become his duty to regulate
the headgates governing the flow ot
water.
PETROGRAD, Feb, 9. The col-!
lapfce of the German drive toward'
Warsaw is believed . imminent. The 1
Russian movement across east Prus-
sia has been successful and the Ger-
mans are said to be withdrawing large j
bodies of troops from positions along,
the Vistula and hurrying them into
J
31ARSH WILL HOLD
OFFICE HOU YEAR.?
A3 A CONSEQUENCE OF
THE SUPREME COURT DECI-
SION HANDED DOWN TODAY
Prussia to meet the Slav advance' COUNTY JUDGE CHARLES
which Is threatening the Konigaberg
and the Thorn fortresses.
Although the remaining Germans
In Poland are fighting stubbornly, the
Russian general staff believes tho
H. MARSH WILL HOLD OF
FICE FOR A TEi:ll OK SIX
YEARS. THE CuL'UTH DE
CISION 13 THAT JUDGES
HOLDING OFFICE TRIOR TO
Russian movement will result in that JANUARY 1 HAD BEEN
expulsion of the Germans from Po
land. GRAND ARMY HEADQUARTERS
OF FIELD MARSHAL .VON ,HIN
DENBERG, IN POLAND, via Berlin.
Feb. 9. The kaiser. Inspecting the
troops In the eastern theater of the
war has been received with unparal
leled enthusiasm. Today he reviewed
the main German army along the
Rawka river and the Slleslan Land
wehr battalions. Addressing the vari
ous units, the emperor congratulated
them on their achievements and de
clared ultimate victory for the Ger
man arms is certain. The kaiser U
in excellent health.
His condition ahowed conclusively
that recently circulated reports that
he was breaking down from the strain
of directing the campaign are ground
less. He hold a conference with Von
Hindenberg and his staff and later
Inquired regarding the people In these
parts of Poland held by the Germans.
Under his direction an effort Is being
made to revive the Industry in this
section under direction of German
manufacturers. It was generally be
lieved here that as a result of the
Kaiser's visit a new German offensive
shortly will be developed.
EIECTED FOR FOUR YEAR
TERMS AND THE AMEND
MENT ADOPTED IN 1910 AP
PLIED ONLY TO JUDGES
ELECTED SUBSEQUENT TO
THE 1910 ELECTION. WHEN
INFORMED BY PHONE THIS
AFTERNOON OF THE SU
PREME COURTS DECISION
JUDGE MARSH REPLIED, "I
AM SORRY TO HEAR IT."
WHETHER HE INTENDED
THE REMARK IN EARNEST
OR HUMOROUSLY THE TELE
PHONE COULD NOT REVEAL.
INOIINCAMP MEETING AT
TUTUILLA OPENS TOMORROW
SALEM. Ore.. Feb. 9. The su
preme court decided In the cas. of
IF. & Ivanhoe against John a Hodgln.
involving the office of dlatrict attor
ney tn Union county, that Ivanho.
who was elected to the office la 1919
chall continue In office until January,
1917.
' In the case of J. F. Phy against
Ed Wright, involving the office ot
county Judge In Union county, It was
held that F. C. Henry's term expired
January 4. 1915 and that the court
!s Justified In ignoring a decision In
the case ot the State versus Holman
from Multnomah county. Phy. who
was elected last fall, U declared en
titled to the office.
The court held that the amendment
(assed In 1910 changing the terms of
judges from four to fix years was
prospective and meant officers there-
alter elected.
In the district attorney decision the
court held the 1911 legislature never
Intended to abrogate the terms ot d's-
MANY RED PEOPLE ALREADY
CAMPED IX READINESS IXJU
COMMEXCE.MJKNT.
, , , trict attorneys In office w hen It paaa-
Beginnlng tomorrow morning the .. ... nr. ' f ...
Indian congregation of the TutuUla: lnrn.v. k.
church will hold Its annual evangells- ,; I ";, I" I , " .
Intended to reduce the area of each
tic campmeeting and already there . ., . . . , .
, . ... . ones district to the county of which
- " r- . w . .. . J.U.I
(ie miupeu auuui me I'uurcn in an
ticipation of the services. A large
number of Indians from other reser-
1
l
1
-A
in
fttf"
'il'liA.titii)iili1lil1l?ii-,-flffl)f "A ' T ' ' 'in nf f .V V.V
A Belgian motor cycle
dunes aouth of Ostend.
scout on observation duty among the sand
DAMON LODGE I OF P. WILL
INITIATE A GLASS OF 108
;HAM CHANCELLOR. AND
t.'RAXD KFJCPEU OF RECORDS
TO HE PRESENT.
With the grand chancellor and the
grand keeper ot records and seals
present to aid in the initiation of a
class of 10S candidates next Monday
evening promises to be a big occasion
for Damon lodgo No. 4, Knights of
Pythias. The above number ot appli
cations for membership had been re
ceived up to last evening when a
membership contest was brought to
u close. The lodge had been divided
'nto two teams, one led by Judge J.
V. Muloney and the other by J. H.
Gwinn. The Moloney team camo oft
victorious.
Dr. A. E. Wrlghtman of Silverton Is
now grand chancellor of the order
and he In company with L. R. Stln
son, grand record keeper, will be
special visitors next Monday when
the large class will be Initiated.
On Thursday evening of next week
the members of Damon lodge and
their families will observe the 51st
anniversary ot the founding of the
order with a special meeting In the
EuRte-Woodman hall. There will be
a program followed by a banquet.
LA GRANDE, Ore., Feb. 9. (Spe-
vatlons will be present to attend and cial to the East Oregonlan.) The
e.sslst In the meetings. county judgeship case for Union coun-
Among the visitors will be Rev.'l' was identical with the case In
James Hays, the noted Indian van-1 - nat;Ilj tcunty In that It hinged on
p.'iist ot Kamiah, Idaho, Rev. Moses how ,0" ,he former county Judge
Montelth, pastor ot the second church 8nou,d huM ottlce. Judge Henry, for
at Kamiah, and Rev. William Wheel-; nier J''""- was elected In 1910 and
er of Achahka, Idaho, and formerly h' question arose over whether his
pastor at Tutuilla. They will all as- trm fxplred the first of thla year or
sist In conducting the services. Rev. continued for two years longer. In
J. M. Cornellson, missionary at Tutuil-; th- 'ecthn last fall IKnry was de
la. Intended to conduct the services Seated cy J. F. Phy. After the su
but the Injuries he received yesterday : rreme court's decision in the Mult-
it. a runaway may prevent him from "'""a" oumj case juuge nenry re-
attending at first.
The campmeeting will continue
through Wednesday, February 17.
White people as well as red will be
welcomed.
! NEWS SUMMARY
1 - 1
fu.-etl to quit office and consequently
a friendly suit was brought by Phy
against the county clerk. Kd Wright,
to lequiro hi n to issue 4 certificate
of election U Phy. It la held here
that Phy will serve for six years s
will all otrur county Judges elected
last Nove'nbcr.
The more dollars you get together
the louder they talk.
(Jcneral.
German advance In Warsaw said
to bo failure.
Wilson 1U fight to end Tor ship
ping biU.
Tiocal. "
Jndse Jilarsh will serve for six years
by ivurt ruling.
Rk'honl Hurke gets one to 15 year
and $500 fine.
Water adjudication decree to bo
filed soon; rights mast be uxl wlUi
Itt five years.
Rev. Cornellsn, Indian niisnlon
nry, seriously Injured In runaway.
Ilium-he Mcaughey, Round-up
cowstrl. quits riding to become bride.
W. It. lUmlsby resist Judv;nieut of
Nlleo etnirt by attacking Dyer's rlslit
to be ntayor.
Al Lodell, nuuiagtY of PeiulleUui
Imll team, rdeoxxl on own nvjmxt.
VILUSTA TROOPS SAIO TO
HAVE BEEN BADLY BEATEN
cai:i:an.s ixij.owi iw dk
ciared to hold .most of
important points.
WASHlNtlTON, Feb. VllHsU
troops throughout Mexico have met a
scrlts of dlaytrous defeats, acurrl
tng to weid p-celved by the t'.irranni
axer:cy. One report declared the .'r
rur.a femes have forcej Villa uii
porters to ubandon Quereturo and
that the rupture of Mnn(rrty Is ex
pejted liiuly. Vlllxt.i fuiten whPh
recently uilvuiiced ngitlri.it Meiliu
City are now declared to ! retreat
ing. Cardura's representatives as
sert be now controls all tnrrltory
south 0 Agtu$ CuIleiitcS kitd Un
Luil Putonl.