DAILY VEIG EDITI03I ), . rt . 3 Jk,. TTTTZ,
DAILY EVEIIIIIG EDITION
Forrcaj ft Faster Oregon, by th
United State Weather Obnrr'rr
t I'wrtland,
TO ADVERTISERS.
Ths Kut Oragonlaa bu the Urgent PW
ireslatlon of ao paper In Ortfoo. Mat M
tartlind and over twice ths circulation U
ftndittoa or aay other sewspaper.
rlr tonight and Saturday.
COUNTY OFFICIAL VArER
NO. si -j i
COUNTY OFFICIAL PAPER 'ZZ
VOI 26 DAILY EAST OKEGONIAN, PENDLETON, OREGON, FKIDAY; FEUMJAUY 12, 1915. '
IS HELD TO
E MAYOR I CITY
ill JUDGE PIPS
Decision is Made in Quo Warranto
Case Brought Against Kirkpatrick
to Determine Municipal Head.
IWOESTOSUrfflECOURT
I'puu Settlement of Contention Hinges
Validity of Water Rend issue ai
A'lo of Several strict Improve
ment llond Ivtue I5owlbjr Cac
J Also Concerned.
John Dyer 1 mayor of Pendleton.
. according to a "prj forma" decision
rendered late yesterday afternoon by
Circuit Judge Q. W. Phelps. By vlr
tu of hl position chairman of the
city council at the time of the death
of Mavor Matlock, he succeeded to
t.e tuition and i-ll of hla acta per
formed In that capacity since are le
Kal. according to the decision.
Hubert F. Kirkpatrick, appolned
mayor by the council a few weeka
ago when the attorneys for the conv
ninY which Durchaaed the water
bond questioned Dyer's right to sign
the bonds, will carry the matter to
the supreme court for a final deter
fnlr.ntlon of the mooted mayoralty
question.
The declalon of Judge Phelps yea-u-ruay
was In the quo warranto case
bi ought by Dyer against Kirkpatrick,
Dyer alleging that the other la a usur
rer and Kirkpatrick contending that
lie la the mayor by reason of his ap
pointment by the council. Charles
If. Certer, city attorney, appeared for
Dyer and Judge Fee for Kirkpatrick.
(Jpon the declalon of the supreme
court hinges the vtMdlty of the wa
t ;r bond issue and also of several
'street Improvement bond Issue. .The
ej'preme court 'declalon will alao
clde the case wherein W. L. Bowlsby,
second hand dealer, la appcatlng from
the Judgment of the police court on
the grounds that the ordinance un
der which he was convicted la Inval
id by reason of IU having been sign
ed by Dyer as mayor.'
I Uglier Kate Not Justified.
WASHINGTON, Feb. 12. The pro
posed Increased freight rates on ce
nent Is not Justified from Salt Lake,
Baker, Devils Lake, Utah, to Butte.
Anaconda, and other points In Mon
tana and Idaho, according to a ruling
by the Interstate commerce commis
sion, Fkiikhia Hymn Writer Dead.
BRIDGEPORT, Conn., Feb. 12.
Fannie Crosby, the famous blind
hymn writer, aged 5. died here. She
contributed more than 8000 hymns to
the service of protectant churches un
der more than 200 pen names.
PENDLETON IL
1 OPENING
'To- lay plans for Pendleton's partlc
ll itlon In the celebration which will
mark the formal opening of the Celllo
conal, a meeting of cittoens has been
called for tomorrow "evening 'at 8
o'clock In the Commercial association
rounw by President J. V. Tallman.
This has been dono at the request of
Wallace R. Strublo, secretary of the
jiential committee who will reach
VU tlty on the evening train from
Walla Walla.
The celebration will be held from
May 3 to May 8 in.l will be progres
bive In character, starting at Lewlston
and taking a cour3 to the sea. The
initial celebration will be held at
i .aWnn nn Miv a after wnlch a
nteumboat excursion will start aown-rroni Lewlston to tne sea, tne ceie
t'ie river. Celebrations at Kennewick, fciation Is to be made a big one, Uma
Pasco, Wallula and Umatilla will be,tiila county' being a big shipper of
lield the 4th. Walla Walla will partlcl- grain and wool, Is directly Interested
pato In tho one at Wallula and Pen- and her seaport town, Umatilla, will
dleton In the one at Umatilla. On the to made the scene of a celebration In
Rth celobratlona will be held at Ce- which the whole :ounty should Join.
CONCRETE - ANNEX
The construction of a two story
concrete building as an annex to the
liote.1 Tendleton woe announced to
(Uy by Wwdcy N. Matlock. Work
upon the structure will begin at once
an l this building will thus become
the. first material building Improve-
PE LET
SWIMMING POOL COMMITTEE
CONTINUES FUNO CAMPAIGN
GOOD Sl'UF.SS I!K1; MKT
EFFORT TO GKT MOXKV
FOR NAT ATORIUM. ,
IN
Members of the swimming pool
committee are continuing their cam-
ruigo for funds and (rood success is be-
log met with though the money Is yet
fur from raised. At the present time
the committee Is devoting time to se-
curing $100 sulM.rlptlons and a few
are added each day. As the move has
no commercial aspects but to for the
general social good of the communi-j
ty the committee to not trying- to
T,,MS-'lZ2l "S
the other hand women a well a(
men are asked to help out the enter-
...It. a of th 1100 SUb-
I" " " " M -' v -
wrlhers ore women. '
Jt is desired to raise $8000 for the
t.nt jtorlum and it Is being argued by
the committee that since in the past
the town haa been able to give some
tj.AA tnnrt n vaii- ti hnjt.rtnll It
thuld be possible to give $8000 for of the Glolw telegraph-
a natatorlurn which will be a perma- arnoon that it w,s report
nent benefit to tho city and a panic ' l,HW1," M"!?. '1T,,"S ,y MC"
uhr M.MlnC to :h- bo,s. J lf"",,o.l- Umt the I nited tm cru-
I Mcr TcrinoHMv and aiHuivr war.Hiilp
.oadciny Destroyed.
CHICAGO. Feb. 12. The academy
of Munlc. a famous lundmiirk. was de
stroed by fire. The Ions in entlmated
at $100,000.
Quake In Canal Zone.
PANAMA. Feb. 12. A slight earth
quake nhook the Panama zone. No
damage Is reported.
.Man and Wife Murdered.
OAKLAND, Feb. . 12. Jacob Vogel
and hl wife were found in their home
murdered by robbers. They were
beaten to death with an axe or club
while fighting for their lives. Vogel
was .a wealthy banker.
War on Akho !4un.
r.HIS. Feb. 12. The Academy of
Moral and Political Science, continu
ing Its discussion of the topic, "The
T)k of Tomorrow: Th Population."
stuJted the question from the point Stntea in international difficulties,
of w of the fIUt'agalnat .alcohol- Officials were confident that both
sm. Resolutions regarding measures England and Germany would ac
to U taken In the antl-llquor combat qu'esce In the position taken by tht
were unanimously adopted. American government and would
Raphael George Levy, the econ- frant the relief requested, assuring
omtot, said that excellent results had complete aafety for American ship
:tea obtained In tlie United States plnr and American passengers in the
by the prohibition In certain waters of the war xi-ne.
sections against the sale of alcohollt Opponents of thj administration de
livers and declared that the effl- dared that the two notes showed a
clrncy of labor In Russia had Improv
J to per cent since the recent pro-
tllltlon measures cre adopted there.
MONEY IS APPROPRIATED
rnn IIIIITIII I nnnimT
rUll UmAIILLA rnUJCUll the construction placed here upon
i the notes forwardo I to England and
WASHINGTON, Feb. 12.
The house appropriated $377,000
for the Klamath project and
$366,000 for the Umatilla recla-
matron project.
TAKE PARI IN
OF CEEILO CANAL
lll.i rnd The Dalle and at Portland
ond Vancouver on the 6th. On the
".'h Kclnma will celebrate and on the
7th nnd 8th Astorln will observe the
oc. union. The sixth annual conven
tion of the Columbia and Snake Riv
er Waterways' association will be
held as Astoria at the same time.
The seven northwestern states,
Oregon, Washington, Idaho, Montana,
Wyoming, Utah m.l Nevada, with
British Columbia are being Invited to
participate and m.my prominent state
am', federal officials will be present
r.t the different points.
In view of the importance of tho
opening of the Celllo canal, thus giv
ing unbroken water transportation
TO THE .HOTEL
mcr.t of the spring. The new build
ing will be built just back of the ho
tel building. The first floor will be
UMd as sample rooms for the hotel
and the second floor will probably be'
devoted to extra rooms for the lnstl-
luuon. ine uuuumg win ue i iy
l t IH illmAnaUnl I
ON TO BE CONSTRUCTED
1W ICVl "ivinviiui j
TONE Of AIIU
mm
,
Official Washington Holds VaHOUS
.
VieWS 01 tlieCt COiTlJTIUBICatlOriS
iai; iiu0 Ahrnoti
''" ndC rVUlUdU.
',,,,.,,,- .,
ENGLAND SHOWS RESENTMENT
"" f dw-m
. . . ...... ,...
matlc Exchange That Righto of
AiiHTlcan Citizen and America n
Klilpa Must Ho Protected Compli
cations Not Expected.
liOXDOV, Feb. I J. Hi Weymouth
j of lie imiNt t)e wlilcli liad proceeded-car
when Turkey abrogated Imt
rspitulatlon to tlu ixmcrs, bad now
Mn Inxlructetl to li(KVcd westward.
Ihc corrcHponuent ankl It wm ru
n:orM at Weymouth that Ue war
ships probably will mop at Gibraltar
or hoiiio jxirt nraivr the war nc to
aalt (Vi'velopmenl In rmnnj's na
tal plan".
WASHINGTON. Feb. 12. Diplo
mats and officials cf the government
generally, exprens astonishment to
dav at the vigor jf the American
notes to Englind and Germany.
Pome authorities expressed the
i-l-lnion that the communication to
Germany would require the United
flutes to go to war with the kaiser
should American ships be sunk by
German war-craft Administration
officials held that despite the
strength of the tone" of both notes,
rclther would Involve the United
complete "reversal of form a spirit
of protest carefully subdued at the
outlet of the war."
LONDON. Feb. 12. That the Unit
'A States Intends to protect the
rlrhts and prlvllecej of Its citizens
ta merchantshlpa In the war one
Germany regarding the Lusltanla flag
Incident and the German extension of
tii war xone to British and French
Vetera.
There was no question but that the
vijrcrous language jf the American
communications whs a distinct sur-
(Continued ou Page i)
Troops Advancing Through Entanglements
('" """"" " ' ' .
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v ' " .,- ' ; - , . .
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: ti.ii-. 1 uv i... .yki v Ml ;
rkiA- J.hr t
PARIS, Feb. 12.--Barbed wire Is
playing Its second great role In the
history of clvlllxatlon. Its first part
waa cajrt In the western portion of
the United States a couple of decades
n&o, when fenced ranges gadually be
came the order of the day, and the
WALLA WALL WAS WISE IN
SELECTING NEUTRAL FLOOR
WHITMAN OYM.YAMIM KIXHJR IS
Hl'tiCiEMTEB BV THE GAR
DEN CITY PLAYERS."
Walla Walla- high school and the
papers of that city are making much
to do over the alleged refusal of Pen
dleton high school to play off the
basketball tie on a neutral floor. Wal
la Walla defeated Pendleton in Walla
Walla and Pendleton defeated Walla
Walla here. The Garden City team,
accordingly challenged Pendleton for
a third game on a neutral floor but,
when It came down to choosing a
floor that would give neither an ad
vantage. Walla Walla high school
very characteristically instated upon
the Whitman college gymnasium.
Principal Hampton refuned to be Im
pressed with the "neutrality" of this
floor. Be also- dislikes the idea of
playing; off ties Inasmuch as It disar
ranges the schedule already made out
and results In a great deal of confus
ion. SENATE WILL TAKE IIP THE
ANDERSON BILL ON TUESDAY
COMMITTER REPORTS ON MEAS
URE TODAY JITNEY KILLS
ARE POSTPONED.
SALEM. Ore., Feb. 12. By unani
mous vote the senate committee on
alcoholic traffic connidering the An
derson prohibition bill reported to the
senate and the senate made the bill
a special order for Tuesday. The sen
ate Indefinitely postponed two bills
Intended to place jitneys under regu
lation of the state railroad commis
sion. This leaves the regulation of
Jitneys In the hands of municipalities.
The noose passed the bill giving
sheriffs sole jurisdiction In the collec
tion of taxes. A bill forbidding the
use of railroad tracks and rights of
way to persona not authorised to trav.
era them was defeated. In the house.
NEWS SUMMARY
General.
' FlUtastcr will not Interfere with
consideration of revenue bills.
Tone of American notes to England
and Germany astonishes diplomats at
Washington.
Kaiser report to lie ready to seek
,teace terms.
Ixx-al.
Judjto Plielw decide Dyer is may
or of Pendleton.
Meeting' called to plan celebration
of opening of Celllo canal.
Matlocka annountw new concrete
building1.
Swimming pool committee meet
ing with success.
Lincoln's birthday lieing observed
here.
old wild freedom of the "cattle
queens" and "cattlo kings" was cur
tailed. Now barbed wire In the Eu
ropean war Is proving a great factor
for the defense. It Is so laced and
woven about In front of a field po
sition that defenders have time to
J if n i i'i 11 in iiiiii i i ii r
tmiiiiii 111 iiiiii i i ii i ir f
mm ntru tu
PEACE 1'IIIH FOES
Emperor Said to be Depressed Over
Results of War and Hopeful That
Settlement May be Reached.
READY TO QUIT AUSTRIA
Germany Would, llmrulun Ally. De
clare Report, If fcaU.srmctory Truce
May Jlc Mado WIUi Other 1 1-I lifer
ent Overture May Be Made to
Russia Through DJplumatM.
FARIS, Feb. 12. The Zurich cor
respondent of the France-de-Maines
h it wired that the kaiser Is depressed
over the war situation and that he
recently told members of his suite
that Germany mun seek to conclude
peace. The dispatch declared that
the kalpe'r has expressed himself as
eti:l hopeful of being able to approach
Rufsla through the small pro-German
following at the Russian court
The correspondent says the Germans
wi.l abandon AustJa If by doing so
sbi could make a ntlsfactory peace
f-"r herself.
PETROGRAD, Feb. 12. "We are
on the eve of operations which must
stive definitely the struggle in pro
gress there."
I This statement was made bv the
war office In explanation of the sltua
t on In East Prussia. The statement
referred to the withdrawal of certain
Ri'Mlan forces from advanced posi
tions in Prussia, anJ said it would be
necessary to withhold details of the
operations in that section for the next
few days. The war office admits
Pitemysl Is still holutng out, although
It was asserted that the "garrison is
exhausting itself."
BERLIN. Feb. The kaiser U
again at the eastern batUefrobt and
under his supervision severe fighting
is In progress on the Prussian fron
tier, along the Vistula and In the
Carpathians. 'The result 'of the en
counters was said by the war office
to be satisfactory. The Russian for
ces In Russia were declared to be
withdrawing upon a prepared base
fom which they can easay a new
offensive. Being normously rein
forced, the Russian evacuation of
BuUovina contlnui. Vienna dispatch
es declare.
.They add that more than half of
Pukovtna already has been abandon
ed It was declare 1 the Austro-Ger-nian
forces have I roken through the
nutslan defensive M least at two
points in Gallcla anl that other Rus
F'Hn positions are s-evlouslv threaten
ed. Weather every wl.t re In the Car
pathians Is bad.
PARIS, Feb. 1 --Severe fighting
(Luiitinuod on pave five.)
pour a continued and withering fire
into an attacking party before It
reaches the trending.
The photograph shows a French
column advancing beside Its barbed
)T protection to take up new posi
tions In a flunking movement.
.aces to Collect
$25,000 Prize
lil-
U
NEW YORK. Feb. 12. Miss Rosa
De Young- k-racing to. Panama City.
Republic of Panama a fast as she
can go to collect a $25,000 prise she
la said to have won In a lottery there.
It is said one of the requirements of
the lottery company Is that winners
of the "grand prire" claim their re
ward in person. It will oe given out
cn Feb. 15- Miss De Young offered
$1,000 for a stateroom on the steam
ship Salamares but could not get ac
commodations. She is going to Flor
ida, thence to Havana, and there ex
pects to get a boat to Panama.
Utility Rill Parses House,
SALEM. Ore.. Feb. 12. The house
passed the bill Introduced by Davey.
Irwin and Eaton, which permits the
organization of public utility dist
ricts for development of waterpower
or construction and the operation of
community projects of any kind.
New York 'Movies' to Frisco.
NEW YORK. Feb. 12. Moving
pictures of New York City and New
York state which are to be shown at
the Panama-Pacific exposition, were
to-be started on their long Journey
across the continent today. The pic
tures show, among other things, sub
nay crowd Jama and other evidences
that New York is the busiest place
on earth.
Today, the 106th anniversary of tho
birth of Abraham Lincoln, the six
teenth president of the United States,
fcs a holiday in the state of Oregon i
a in many other states and It Is be
in? observed here in Pendleton by
tho suspension of official business anil!
school programs. j
The rost office, the city and coun- j
ty office nnd' the two banks aie clos
ed for the day, as on all other legal .
h lidays. The different schools are
observing the day In different ways.l
At the Lincoln school, which derived '
jts name from the martyr president, j
each room held a program commemo-'
SALEM. Ore., Feb. 12. A compro
m'o has been reached on the bill pro-
vii'lng for the election of railroad
cciamlssioners from districts and it;
Is probable the bill will be passed:
v.-thout opposition. Senator Rurgessi
announced that tho agreement was In
( ,
r ; : ' -
i : " ' '
;Z
f
1Q6TH ANNIVERSARY OP BIRTH
OF LINCOLN OBSERVED TODAY
COf ROM SE ON RITNER BILL
REACHED; PASSAGE IS CERTAIN
FIIHEII 111
mil iiiifeue iii
flEVEIIUIB
Democratic Leaders Declare That
Bond Issue Will Not be Carried
Out Except as Last Resort.
LEVIES MAY BE HIGHER
Question of Revenue Will Be LeaO.
Ing Issne at A'eit Regular Btmam
of the OoiurroM Despite. RcpvUkma)
H;;tit Against Sliln IMU War Tax
Will Continue,
WASHINGTON. Feb. 12. With
the aid of Vice-President ).arahall,
advocates of the government ship par.
chase bill voted to lay the measure
aside in order to take up the special
rule providing for a vote February
1). A vote on the proposition result
ed in a tie. 47 to 4 7. The vice-president
cast his ballot with the adminis
tration democrats.
WASHINGTON. Feb. 12. Demo
cratic leaden toda declared that the
revenue measure will be the leading
Iss'ies at the next regular aesslon of
coiifrresa, even If the republican fill
hu.Mter against the ship purchase bill
necessitates an extra session after
March 4.
It w-as made plain that a bond la
suo will be carried out only as a last
re.tort. so higher customs duties and
internal revenue levies may be look
ed for.
Democrats seemed resigned to the
necessity of continuing the war tax
another six months after December
$1, some leaders even believing that
the tax must be Increased.
WASHINGTON'.' Feb. 12. The prea
ldcn( la stan diss; pwt en hla determi
nation not to tolerate a compromise
on the fight for tht ship purchase bill
It waa Intimated Out a White House
report circulated that he had con
sented to a radical modification was
pc re fiction.
Pending the outcome of the legis
lative battle in the senate, the prob
atle effect of an extra session on the
situation, the president will suspend
his arrangement for a western trip.
It was stated the extra session would
not necessarily mean an abandonment
of his trip but would mean a curtail
ment of the itinerary.
Drinks Poison; Near Death.
PORTLAND. Ore., Feb. 12. In the
rrejence of his wife and hundreds of
pedestrians. Theodore C. Sewell, 47.
drunk two ounces of carbolic acid on
th street. He was removed to a hos
pital, dying. The act la attributed to
domestic trouble.
Yewael Not American.
WASHINGTON Feb. 12. State de
partment officials doubted whether
the steamship Washington sunk at tht
bombardment of TTeblxond by Russi
an warships, really was an American
vessel. Records show the Washing
ton was owned by the Archipelago
American steamship company, with
offices at Smyrna. Turkey. So far a
known this company maintains no of
fices in the United States.
ritlve of the man who rot from rail
sf litter to the chi f office, in thu
l.md. The Washington school U re
serving its exercise for February 22.
the birthday of its patron president.
Mid on that day a combined Lincoln
Washington program will be g'ven
The Hawthorne school teuchors have
b'n reading the life of Lincoln t'
the pupils during the week. St. J
st;h"s academy heiu appropriate ex
eicises today.
There was a memorUl service at
the high school this afternoon. Pa
triotic songs were i-ung and an ad
ditss was given 'jy Jiidge s. A. Lo.ll
effect that one ;ommlviiner ouIJ
be elected from e.mtorn Oregon ani
one from WMturn frifon, d
third at large. On his motion a com
mittee of threo, numi'M, I l in in lk
arid Bingham, wn appolnlmJ to 'i
tinicnd the bill.