daily EVEr:i::3 editio:i Koman for Fm Oregon by the United SuiUf Weather titmmrrr et Portland. TO ADVEUTISKRS. Hut OreionUn ban the largest paid rtltlgo o( any paper In Oregon, Mat of fartlauit and over twin the circulation In Pendleton of any other oewmpaper. Fair tonight and Friday COUNTY OFFICIAL PAPER COUNTY OFFICIAL PAPER VOL 26 DAILY EAST OREGONIAN, PENDLETON, OREGON, THURSDAY, APRIL 22, 1915. NO. 8483 pjiay Emai:s Eoma:i EIIU III HAS 750,000 SOLDIERS 01 BATTLEIFR0NT flower of Britain's Young Manhood on the Firing Line in Belgium and Northern France. MORE ARE HURRIED FORWARD Guarded Flotilla of TranHortii Dally Oohs ( 'limine) With Ttfoops fur continent In the Ypreg Region Desperate Fighting ReKirtod lie. Iwccn ItrltWh and Germans. LONDON, April 22 The flower of Britain's young manhood Is now be ing offered In bloody sacrifice upon the already sodden battlefields of Belgium and northern France. Thla reallautlun was brought home force fully to Englishmen today, following a speech by Chancellor of the Ex chequer Lloyd OeorKe In the house of commons, when he announced the British army on the continent con sists of 36 divisions or approximately 7DS.000 men. It waa accepted that thla la a conservative estimate of the British strength, for, guarded by the channel patrol, a flotilla of transports Is constantly croWlng. pouring more men Into French aoll to be hurried to the front for Kltchener'i "spring drive." How many of those mention ed by George have fallen since the figures were furnished him Is prob lematic. In the region of the Ypres, the British are locked In desperate fight ing with the Germans. Constant at tacks are being made by the enemy to retake Hill (0 to the east of Ypres, which the English took after a deter mined struggle. The German losses In this region since April 1? have been between three and four thou sand, according to a statement from Paris. Aj the position held by the Hermans was of great strength, K-ts accepted that the British forces un doubtedly suffered heavy losses In taking It. Preparing New Drive. LONDON, April 22. Advices from Dutch sources Indicate the Germans are preparing to launch a new drive against the main force of the new British field army. Hallways through out Belgium are being devoted ex clusively to the movement of troops and ammunition since the British cup tured Hill 60, east of Ypres. WAR BULLETINS Germany Will right On. BERLIN, via Amsterdam, April 22. "The diplomat's pen must not spoil what the sword has well achieved," was the Impassioned plea of Coun cilor I'ussache, liberal leader and vice president of the Reichstag, In dis cussing the suggestions of peace which have circulated In various countries. Germany will never re turn the land so thickly strewn with erman blood, he declared. Villages Arc Submerged. BUCHAREST, April 22. Many villages arc submerged and It Is fear ed lives have been lost In the depart ments of Fobralla and Tulcea where the Danube Is rising in an alarming fashion. The river Is out of Its banks and Inundating the lowlands. Vil lages are already under water, which is still rising. Romlans Quit Tarnow. BERLIN, April 22. The evacua tion of Tarnow, Gallcla, by the Rus sians has been confirmed, according to an official statement The Rua alons were forced to withdraw by bombardment of Austrian artillery. It was stated. Italian Officers Repealled. BERNE, April 22. All Italian of ficers sojourning at Swiss resorts have been ordered to hold themselves In readiness for lmedlate recall to their regiments. This Indicated that Italy la preparing to enter the war on side of the allies. French Move Forward, PARIS, April 22. Unofficial dis patches resulted In the greatest In terest being manifested In the French operations In Alsace and the Vosges passe. Important movements art be lieved to be under way In those sec tions with French troops constantly strengthening their present positions and gradually moving forward against the German line. Operations' at Standstill PETROGRAD, April 22. Opera tions In the Carpathians between the Russian and Austro-Germana la at a standstill, according to an official statement. It Is believed hostilities will be resumed with great strength; very soon. $26,000 Bond Issue Repealed and Full Amount Authorized ORDINANCE CALLING FOR $10, 000 FOR WATER KYKTKM PASSED IIV t'Ol XCIL. Kepeul of the $:'6.000 water bond ordinance and the pumice of a sub stitute authorizing an Issue of $40 -000, the reading of a new petition for the paving of West Alta street, the fixing of the assessments for the Im-j Attacking Charles Rergman yester provement of Tustln street, the pas- ay afternoon with a hoe, Joe Wood, sage of an ordlnulnce providing for a hobo negro. Inflicted a bad wound sewer extensions on the north side, ,, the atters elbow, Injuring him und the making of preparations for painfully and perhaps permanently, sprinkling the streets were among Upturning later In the duv to renew the matters of business transacted tne UMrr.i. the negro was met with by the city council last evelng. It volley of shot from an automatic was the first meeting at which any ; revolver but It Is not believed any notable business was transacted slnco t,,,, effect. the filing of the mayoralty case. Uergman who is a white man, The mayoralty case, It will be re- W11B employed at the home of Al nirmoereu, resulted rrom me raising of a question as to the right of John uyer. as acting major, to sign ie $26,000 water bonds. This so de layed proceedings that the water commission recently voted to refuse the bids for the bonds and to ask for new bids on the full 140,000 Is sue. The ordinances last evening were simply carrying out the wishes Third Paving Petition. The petition for the paving of West Alta street rum Main to Chest nut and Chestnut street from Alta to Webb Is the third one presented with" In the past few years for this pur pose. Both of the preceding ones were held up by 60 per cent remon strances after a hard fight. The pe tition last evening was signed by a large number of property owners and the sponsors for the movement be- ileve that they will have a majority Some new men showed up well yes of the property owners with them ttrday. especially Colesworthy and thla time. I Huey who won the high Jump and Following a report by the city en-jhigh hurdles, beating out Myers who glneer upon the grading of Tustln was scheduled to win these two street, an ordinance fixing the as- event s. Curl, the half mller, who segments against the property in has been seriously 111, did not enter the district waa passed. his favorite race but ran In the quar- The sewer ordinance provides for ter Instead, a sewer line from Matlock street The following Is the list of events, west along the Walters" mlllrace to. the time made, and first, second and Ray street and north' on Ray to! third place man: Jackson, and also for laterals from ioo yard dash Time, 10 1-5 sec Martin and Wilson streets to the 1st, Seibert; 2nd Gordon; third, Bow- Jackson street sewer. These sewers will provide connections for 'new resi dence districts. Councilman Cole called attention to the fact that the streets are grow ing dusty and, upon his motion, the city recorder was Instructed to ad vertise for bids, the districts to be the same as last year. The street committee was also Instructed to re pair the sprinklers or buy new ones The council last evening, passed an ordinance establishing grades on Jackson street from Matlock to Ray and on Malcolm street from Raley to Washington. . The city engineer was also Instructed to establish the sidewalk grade on Wilson street In front of the new home of Walter Ad ams. The hose house on the trlangu-; ular piece of ground at the lntersec-1 tlon of East Court and Alta was or-( dered moved so that the Civic Club, may park the tract at once. ATTORNEYS FOR FRANK TO MM FIGHT FOR KIM EXECUTIVE CLEMENCY EXPECT ED TO HE ASKED 1'ROM GEORGIA'S GOVERNOR. ATLANTA, Ga,, April 22. Leo Frank's HtllJon lor a commutation of the death sctiiciKv to lire imprison ment nns Mod with tho state prison COIIUnlNHilHI. ATLANTA. Ga., April 22. Leo Frank's application for executive clemency Is hourly expected at the state house. Attorneys for the al leged slayer of Mary Phagan, whoss appeal was refused by the supreme court, said they would ask for a commutation of the death sentence to Imprisonment, rather than pardon. The fight for his freedom will not be abandoned, however, It waa said. Publishers Moot. NEW YORK, April 22. The annu al banquet of the American Publish ers' Association will be held tonight. $1,23 ASKEO FCR SEPT, WHEAT III CHICAGO PIT PORTLAND PRICE TODAY FOR CLim IS 11.25; I1LUESTEM SELLS AT 11.82. CHICAGO, April 22. (Special.) For May wheat a dollar sixty and a half was bid today. The closing price on July waa a dollar thirty five and three quarters. For September deliv ery a dollar twenty three and one eighth was asked. Portland Market. PORTLAND. Ore., April 22. (Spe cial.) Club was quoted here today at a dollar twenty five; bluestem at a dollar thirty two. NEGRO HOBO MAKES AnACK ON WHITE IN 111 HE SB PAH 111 ON AM . Richardson, colored, on west Court an automatic revolver and fired seven street to bund a chlrnneyt WooJ ,a,jtlmeg at him but does not think any hoeing In the Hlchardson garden for a meal when. It Is said, Bergman ap proached him and asked his assist ance in some task. The negro not only refused, It Is said, but struck a Junior Class of Hiqh School Wins Meet at Kounri-Un Park r Yesterday at the Round-up grounds the Junior class of the high school ran away with the interclass track meet, winning with seventy points, while the seniors and sopho- mores led for second with sixteen .each and the freshmen brought up the rear with fifteen. man. 120 yard hurdles Time. 19 3-5 sec. 1st. Huey; 2nd, Myers; Srd, Chlsholm. That the grain rates by rail from Umatilla county to Portland are far too high compared with the rajes prevailing for greater distances In the middle west Is Indicated by tes. tlmony Just given before the Inter state Commerce Comlsslon In Chica go by Jean Paul Muller, freight rate expert formerly with the commission Mr. Muller Is now appearing for the National Council Farmers' Coopera .ve association which Is opposing an Increase In grain rates asked for by 4 1 western railroads. t'ndcr a Chicago date line the story of Mr. Muller's testimony was pub lished today In the Portland Grego rian, The story ln part follows: Grain Traffic Profitable, After reviewing ln detail the meth ods he used ln assembling the figures showing gross profit and operating expenses of the railroads, Mr. Muller said: It Is my opinion that grain traffic nlore profitable to these four car rier. tne Rock iiand, the Santa Fc. the Burlington and the St. Paul roads, than the average of all other traffic carried by them." His deductions were made from re ports and statistics furnished him by the railroad officials. In the review of the Chicago, Rock Island & Pacific operating expenses and revenue, Mr. Muller declared. "Tho total road cost divided by the reported number of loaded freight car miles, with an allowance for the cost of empty return haul figured at 40 per cent of the loaded gives a road movement coBt per loaded car per mile of 6.928 cenU. Cost $SB, Revenue 58.82 Per Car. "The average haul, as determined by the examination of the movement of 8731 cars, between various west ern states, waa 869 miles. This mile, age, multiplied by the road haul cost per mile, gives a total average road haul cost on grain and grain pro ducts of 124.87 per car. Adding te this a total terminal movement cost of $10.18 per car. gives a total ex pense of $36 per car. The average revenue li 68.32 per car. "The net operating revenue Is, therefore, equivalent to a gross profit of 68.66 per cent at an operating ra tio of 60.01 per cent, as compared with a gross profit of 88 87 per cent on all freight at an operating ratio EXPERrS FIB INDICATE UMATILLACOUNTY FARMERS PAY EXORBITANT FREIGHT CHARGES vicious blow at th whlteman's head, liergman dodged aid threw up his arm, the sharp blade of the hoe striking his elbow,1 cutting an ugly wound and chipped off part of the bone. , - The assailant made his escape and the officers could find no trace of, him when they were called to the scene. Later, however, he returned to the Richardson home where Berg man was staying. Bergman grabbed of the bullets took effect. The officers have made a thorough search for the colored man who li described as a man between 35 and 40 years old and roughly dressed. Yesterdav hv 70 Points ' 4 I 220 yard dash 25 flat, lat, Boy- lert; 2nd, Latourelle; 3rd, Seibert. Mile run Time, 4.52 1-6. 1st, Mlnnls; 2nd, A. Reed; 3rd, Baker. 50 yard dash-Time! 5 4-6 sec. 1st, Bowman; 2nd, Gordon; Srd, Seibert.' 440 yard dash Time, 55 3-5 sec. 1st, Boylen; 2nd, Curl; 3rd, Seibert. i 220 yard hurdled Time, 28 3-5.' Gordon,; 2nd, Ru.ell; 3rd, Latour- Half mile run-Time, 2 21 1-5. 1 Boylen; 2nd, A. Reed; Srd, Casey. Relay Ceded to Juniors. Pole vault Height, 10 feet. 1st Osborne; 2nd, Gordon; Srd, Huey, High Jump Height, 4 feet 11 ln.'Tj,: A, "'. ui ur IrT 1st, Colesworthy; 2nd, Chlsholm; Srd Huey. Discus Distance, 88 feet 4 In. 1st Kerrick; 2nd, Ulrlch; 3rd, Brown. Shot put Distance, 35 feet 8 In. 1st, Russell; 2ntLFrledly; Srd. Bow man. " Broad Jump Distance, 18 feet 2 1-2 Inches. 1st, Seibert, 2nd, Rus sell, 3rd, Bowman. of 72.01 per cent and a gross profit of 33.74 per cent on all business, both freight and passenger, at an operating ratio of 74.77 per cent. On grain alone the retuwis are equivalent to a gross profit of 44.67 per cent." I ! Applied to this section, the esti mates given by Mr. Muller would mean that It costs the railroad ap proximately two cents a bushel to haul wheat from Pendleton to Port land whereas the rate charged Is eight and one-third cents. The distance to Portland Is 231 miles. Multiplying this distance by the cost per car mile makes J16 to which may be added 310 for termi nal costs, making a total of $26 per car to Portland. On this basis the rute per bushel on an 80,000 pound car is slightly under two cents a bushel and on a 70.000 pound cat amounts to two and two-tenths cents per bushel. According to the Muller testimony the average charge made by the western roads for a 369 mile haul Is 858 82 per car. This is but five; cents a bushel on a 70,000 pound car cents a ousnei on a .u.uuw pound car with a haul considerably farther thaq , from Umatilla county points to Port land. NEWS SUMMARY General. Attorneys for o Frank ask that death penalty be commuted. England has army of over 200.000 on the continent. Colonel Roosevelt surprbrtngly ralm under eross examination. T aroma and Seattle larred bv earth. quake. Local. Attorney are arguing damage salt; to jury una evening. 111 MoRrian sueennihs to apoplexy. Negro attacks white man with hoe; latter alioots seven tunes. Horse and mule raisers to organise to nut on show. Full $40,000 water bond issue an- tliorlzed; petition presented asking for .uaving of West Alia. Farmers pay exorbitant freight cliargea. a FINAL A1E hUYM HIIUUl nrpin DLuur Attorneys Will Probably Occupy Most of Afternoon and Case May go to the Jury This Evening. SPECTATORS FILL COURT-ROOM - ,, S,a"d,n V."" rwmlum During Clotting Hours of Trial Judge Fee Opens Argument for l'lalntiff-lurj Visits Scene of Accident This Morn. Ing Bicycle Exhibited. With an audience of spectators that Is crowding even the standing room In the court room the attorneys In the Twitchell-Thompson 130,000 damage suit are this afternoon making their arguments to the Jury. The argu ments themselves will probablv re quire all of the afternoon and It is d""bt"" whether the jury win retire ""til evening. The reading of the In structions by Judge Phelps will take no "tt!e 1 me ln lt8elf- both si P- senting voluminous instructions on the law to the court. The arguments began at 11 o'clock thl ng with Judge Fee opening wi mo piaimui ana at z:30 ne still held the floor. He will be followed probably by Frederick Steiwer for the defendant leavlnz Col Rniav in !., for the defendant and Judge Bennett tor the plaintiff. The arguments will J10" 1uest'on' be one of the most important features of the case as all four of the attorneys have reputations for ability In Jury addresses. Fee opens Argument. T'nnn trA Mtnex & U . a their Instructions to the Judge and I the plaintiff opened the argument to ' the Jury. He talked up until the noon hour and resumed again at 1:30 j this afternoon. He rehearsed ln general the full testimony of the plaintiffs witnesses, placing particu lar stress upon the testimony of John Phay and on the evidence tend ing to show that there were heavy, burned tracks as of heavy wheels sliding, running diagonally across tho crown of the street, beginning within five or six feet of the east curb. It is apparent that Phay's testimony and the evidence relating to these tracks will be the important points upon which the attorneys for the Injured boy will make their stand. Judge Fee opened his argument by impressing upon the Jury the solem nity of their duty. Seven of the 12 Jurors are owners of autos, he said, and he urged that they do not allow that fact to affect their Judgment. He called attention to the fact that automobiles are becoming so preval en nowadays that the risk of being upon the street is greater. The streets were made for all without re l ",,,7 Cn,,itlo,n' he "T the rP's'b 1 Protecting the young and old and helpless from these cars rests largely upon the driv ers. He Impressed the Jury that the boy, according to the testimony of the physicians, will be a cripple men tally and physically through life, and that he Is a boy of poor parentage. Following these preliminary state ments, he launched Into a discussion of the testimony, his presentation being strong and forceful. It is apparent at this time that the defendant's' attorneys will attack the testimony of John Phay. raising a doubt as to his witnessing the acci dent or assisting in picking up the injured boy as he claimed. Judge Fee called attention to the fact that Phay went upon the stand without having told his story to the attorneys of either side. (Continued on page 4.) urDI,,.Tn1u utt i uavt HfcltMia 1 UN W ILL. HAVt RURAL ROUTE MAY 17 WASHINGTON, April 22. Rural route No. 1 will be established at Hermiston, Ore, May 17. It will be 26 miles long and serve 142 families. The carriers salary will be $616 and the service will be triweekly. Fraternal Day at ExioIUiin. SAN FRANCISCO, April 22. This ls Fraternal Day at the Panama-Pa- jclflc exposition. The celebration. ne,d ln connection with Insurance Week w as expected to be one of the ' '" events of the period given over to fraternal and Insurance organizationa A big parade in which uniformed ranVs of various fraternal orders par- tlciPated was one of the features. Senator's Birthday. WASHINGTON, April 22 Senator Miles Polndexter of Washington, the lone progressive member of the IT. 8. senate, was today receiving congratu- lations upon his 47th birthday annl- versary. 1 Fat men are good natured because good natured men are usually fat. ver 200 Million Will be Spent by Belligerents Here ESTIMATES ARK MADE t PON ' SI MS ALREADY SPFNT BY WARRING COUNTRIES. NEW YORK. April 22. If the European war continues until Sep tember, two hundred million dollars will have been spent In this country' by the belligerents, according to a prominent Wall street banker, who refused to permit the use of his nam' because he is closely associated with foreign Olivers. His estimate is baa ed on figures issued by the govern ment as to the amount expended by the warring nations for war material between September, 1914, and March 1915. Nearly .a hundred million dol lars have been invested In the United States during this period In horses, auto trucks, cartridges, powder, horseshoes, motorcycles, barbed wire and explosives, according to figures. TACOMA . SHAKE IN BY QUAKE TACOMA, April 22 The severest earthquake shock ever felt here caus ed a near panic in the business sec tion when buildings rocked and hun dreds of persons rushed Into the streets In alarm. The tremor occur red at 10:25 and lasted five seconds. No damage has been reported SEATTLE, April 22 The Univer sity of Washington's seismograph showed no record of an earthquake. However, a shock waa noticed by many Seattle residents. In Mayor Gill's office in the city hall the chan deliers swung violently and the may or started out of his chair ln alarm. PHIL M'BRIAN, VETERAN DRAYMAN, CALLED BY DEATH STROKE OF APOPLEXY SUFFER ED YESTERDAY WHILE AT WORK IS FATAL. Phil McBrian, veteran drayman of Pendleton, died last night from the stroke of apoplexy suffered while at work during the forenoon. The fu neral Is to be held at 2 o'clock to morrow afternoon from the Brown urdertaking chapel. The service at the grave will be conducted by the Odd Fellows. Mr. McBrian was born in Jefferson county, Illinois, July 23, 1845, ana crossed the plains to Oregon with the Furnish family in 1865. In 1868 he was married to Nancy Campbell who died In June, 1880. In 1892 he was married to Mrs. Sarah Barr, the wedding occurring on Christmas day He is survived by Mrs. McBrian. by one daughter, Mrs. Mary Vogel ot Seattle, one step daughter, Mrs. Maj Fisher of Portland and a step-son, Edwtrd Barr. of this city. At one time the deceased served as city marshal of Pendleton. School Alumni Meet. SOMEKV1LLE, Mass.. April 22 The annual reunion of the omerville High School association will be held tonight. BRITISH SUBMARINE SUNK BY GERMANS SAYS BERLIN ATTEMPTED RAID ON KAISER'S NAVAL STATION ItESlLTS IX FAILURE. BERLIN, April 22. One British submarine was sunk and others are believed to have been severely dam aged when a raid was attempted upon Heligoland, the German naval base, the admiralty announced. For sever al days reports have been received of the activities of British submarines at various points, the statement declar ed. German destroyers then put out to meet the vessels attempting an at tack on Heligoland last night. One submarine was sent to the bottom, and the ethers were fired on and be lieved seriously damaged by the Ger mans. Efforts to reach the German naval base were checked without damage to the German vessels en gaged. HEAVY RAINS ARE SWEEPING OVER, TEXAS DALLAS. Texas. April 22. Railroad traffic In many sec tions In Texas ls paralyxed as a result of heavy ra'ns sweeping the state for the past 48 hours. Oklahoma has been similarly Visited. Great damage to fruit and grain in eastern Texas Is reported. T.R. REMAIflSCALM MOST Of THE III le sharp ri Counsel for William Barnes Cross- Examines Roosevelt Testimony Mostly Covers Previous Ground. FORMER CHARGES REPEATED ni-PartisBn Combination Retold la More Detail Before Croaa-Examl. nation I Taken Up Colonel He traces Ills IoIit(cal Career Ar ticles Are Rend In Court. SYRACUSE. April 22. Roosevelt put In another "corking" session to day as a witness ln the libel ault brought against him by William Barnes. He was under cross exami nation at the hands of counsel for Barnes. He was surprisingly calm, but occasionally broke forth ln a vig orous reply punctuated by sharp raps with his fist on the witness chair. The bi-partisan combination with Barnes and "Chief" Murphy at the head was gone into further before the cross examination was taken up. Roosevelt reiterated hta charges of the organizationa uniting to defeat Hughes on the primary measure, the corporation franchise tax and the Ag-new-Hart anti-racing bill. During the first hour of the cross examination Roosevelt gave little im portant additional testimony. Particular stress waa laid by the colonel's counsel upon the evidence through which they sought to show the charges made against Barnes were written and uttered without malace. Newspaper and magaxlne articles attacking Barnes were read but Justice Andrews ruled they pre sented no Justification for the alleg ed libel. The defense contended that Roose velt believed the articles when he read them and showed his state of mind when he made charges against the republican leaders. The colonel declared the alleged libel was Issued primarily to reach the New York voters during the campaign last sum mer. In cross examination Roosevelt again retraced his early political his-' tory and caused some surprise when he didn't "come back" when ques tioned regarding his eligibility ln re lation to his residence to run for governor in 1908. HORSE AND MOLE RAISERS TO ORGANIZE IN COUNTY MEETING WILL BE HELD MAY t SHOW TO BE HELD HERE SOME TIME IN FALL. With a view to holding a horse and mule show in Pendleton some time this fall, an organization of L'matilla county horse and mule rais ers is to be formed in the Immedtate future. A call meeting is to be held in the Commercial club rooms at 2 o'clock on the afternoon of May I. at which time steps will be taken to band together the breeders Into a county organization which will be come a subordinate part of the state association of horse and mule raisers. A committee consisting of Dr. t. W. Lassen, county veterinarian, W W. Hurrah and It. O. Earn hart. making preliminary nrennrations tor the meeting. They have arranged that either Prof. Potter or Prof. Ken nedy of the Oregon Agricultural col lege will be here on May I to address the meeting. Prof. Potter was here yesterday and strongly advocated the organization. Umatilla county at this time la the richest county In the state in pure bred stallions, according to state sta tistics. There are sixty of these stal lions In the county besides a number of pure-bred Jacks. In fact horse raising on a scientific basts has grown to big proportions over the county and It ls believed an organiza tion and an annual show will do much to stimulate It further. It 1s the Intention to hold the horse and mule show ln thla city sometime during the fall, probably at Round-up Park. The show will be Independent ot all other shows or fairs and the stock will be Judged by outside men who are competent to pass upon the stock. FAMOUS OPERA IMPRESARIO PASSES AWAYAT PORTLAND MARIO LAMHAKDI KTUICKEV WITH APOPLEXY WIIILK PUWING III I LI A It DS. PORTLAND. Ore., April 2J Ma rio Iimbardi. 66, the world's fsmon grand opera Impresario, whose com pany ls playing an engugrment her, died of apoplexy. He was strliki-n last nliiht nhlle playing Miliaria.