l V ; '.V . 1 I ' 0 j - DAILY EVENING EDITIO.'I TO ADVERTISERS. Forecast for CiMrrn Oregon by the tnitod Stat Wrtther Observe at Portland. The Emt Oregotitaii ns the lament ptld clrculatlun of suy paer In Oregon, umt of t'ortlmid, scd over twice the clrculstluD In fradleton 01 107 other oewiptuer. Filr tonight and Friday. COUNTY OFFICIAL PAPER COUNTY OFFICIAL PAPER VOL. 27 DAILY EAST OREGONIAN, PENDLETON, OREGON, THURSDAY, AUGUST 5, 11 NO. 8366 - , "." -v ADillSTRATIIJrl Sill ' D0Pf -Proposition to Submit the Frye Case to the Hague Tribunal to Test Treaty Will be Accepted. SETTLEMENT TO BE REACHED Ounirovmry Dons Not Winui a Break la Diploma tlo Relations I'nlusd State Denies That Germany lias Right to Sink Contraband CV ried on American Ship. WASHINGTON, Aug. 5. Tho t" nit til States probably will accept Ger many' proposition to submit the frye can to The Hague tribunal to teat the treaty of 182S between this country and Prussia. In the reply dealing with the ' sinking of the Prosecuted. The city water mm steamer William Frye. Germany minion Is filing the Information maintained the sinking of American. ships carrying contraband, was not a violation of the treaty Officials aid that while the controversy does not warrant a break it Is Impera tive that a settlement be reached. The United States denies that Ger many Iihs the right to sink contra band carried on American ships. The United States has Insisted that! the question of Indemnity to be! made for the destruction of the Frye, and Its cargo, be settled through tne embassies by experts to be appointed ny me two countries, mis plan Hi now accepted by Germany and the. offer to pay for the Frye was re newed In the last note. Pending an arbitration of the dispute aa to t'ea- ty obligations, It Is expected the ministration will accept Germany's offer to. settle for the Frvt. but With the understanding this does not con stitute a waiver by either country as to their Interpretations of the treaty. South Main Pavement Ordered by Council PETITION TO INCU'DE BLOCK ON HIGH STREET IN RIS TRHT NOT AMOWED. The city council last evening ad opted grades on South Main street and plans and specifications for tho Improvement of that street from Muff street to High. Likewise the first and second resolutions were pawed, placing the proposal within ten days of final proceedings. The council did not Include In the district created the block on High between Main and Cottonwood for the pavement of which a petition was presented recently. Action was taken only upon the original petition asking for the two blocks up tho hill It Is extremely doubtful -whether the council will attempt to secure the High street pavement Inasmuch as considerable opposition hns devel oped from property owners. The South Main street resolutions call for the paving of a 16 foot strip up the hill, In accordance with the petition presented. C. P. Strain last evening petition ed the council to establish a grade on LMeth street south of High so that he might lay a sidewalk along his property. The title to the deed of tho strip of land on the north side recently pur chased for park purposes waa tip proved and the deed accepted Inst evening. The warrant foi 12000 will be turned over to H. F. Johnson at once The first chief's monthly report showed there had been IB fire alarms last month and that the total esti mated damage was 12650. Thirteen of the alarms came In over the alarm system. A total of 6900 feet of hoso was laid, 16 S-10 gallons of chemicals were tiKcd and two quarts of Pyrene. Councilman Vaughan reported that the front tires on the fire truck were In bad condition and the fire com mittee wan Instructed to take the matter up with the company from which the car was bought. NEWS SUMMARY General. Warsaw falls before German attack declares DcrUn. United States cruiser shetli lebel Haltlam Ixcal. Farmer, who taps city pipe) line without pcrniiHHlon, will be prosecuted. Cltisens plan dance to celebrate re turn of night to Cart Gutott; to bo lietd Monday. Council orders South Main street paved; High street excluded. Senator Chamberlain receives ex planaUon of refusal to establish rural . route. pip Sill not be allowed Prosecution Will Follow Alleged Stealing of Water From Gravity System by Harvester. J, D, ROSE FACING ARREST City Water ymmlHk will Fllo In formation Against RcNervation Far mer and Inutile Attorney Will IYcu-e Complaint at Once Will lie Filed Maybe Today. Because he Is alleged to have stol en water from the pipe line of the Pendleton gravity water system. J. I D. Roue, who operates a harvester on ln reservation, win te arestcd and the against him and has Instructed Dis trict Attorney Frederick Stelwer to prepare the complaint at once. The complaint will be filed this afternoon or within the next day or two, In all probability. Rose Is alleged to have broken the lock from the lid of the manhole which Is located on the Sam Hlttner ranch five miles above the city He was running a harvester on that place st the lime and the supposition is that he opened the manhole to take water for his tanks. Supt. F. M. Hayes discovered the offenne about two weeks ago when he whs making a trip up the pipe line. He found the broken lock near th manhole and another common l-,0(.it substituted for It. Appearances indicated that someone had been us ing the .manhole s a source of sup ply for several days. The water commission Is very much aroused over the matter and declares the charges will be pushed to the limit The loss of the water does not amount to anything but the opening of the manhole creates a source of danger from contamination. "The city has too much money In vested In its water system to permit of such tampering." declared Chair man J. T. Brown this morning. District Attorney Stelwer states that the offender may be prosecuted under several statutes. He may be charged with larceny. Inasmuch as the water In the pipeline has become) the property of the city or he may be charged with malicious destruction of personal property. It Is probable that the latter charge will be filed against him. Haitian Native V! ViVv The picture la that of a typical Hat- tin, tn Ms calmer moments. The people of the black republic have now risen In another revolution, . V Jv? J -'Y i VL'A;..-'. I -.1 CM Germany Denies American Rights Were Violated in Sinking of Sailing Ship r Pay i Offered in Ce of Frye and Proposal of United State That the Amount of Damages be Fixed by Two Expert, One to be Selected by Each Country is Accepted Treaty Points are Argued. WASHINGTON, Aug. 5. Germany is unyielding in her refusal to Con cede that the sinking of the American sailing ship William P. Frye by the auxiliary cruiser Print Kitel Frleder- Ich In the South Atlantic last Janu- ary was a violation of American rights under the Prussian-American treaty or of International law. In reply to the last representations of the fnlted Slates, the German foreign office. In a note made public here last night by the state depart ment, reiterates a previous Justifica tion of Germany's course, declares again her willingness to pay for the hip, and accepts a proposal first ad vanced by the United States that the Dance Will be Given as Benefit to Guiott On next Monday evening Pendle ton musicians, lodges and business men will give a public dance In the Moose hall In celebration of tho re storation of sight to Carl Guiott. The full proceeds will be turned over to the man who, though blind, has made his own way In the world with, out any appeal to charity. Plans for the dance were complet ed last evening. Started by the mu sicians who have been closely asso ciated for years with Mr. Guiott, the suggestion was seized upon by a number of business men and lodges with enthusiasm. The musicians vol unteered to furnish the music with out cost and the Moose lodge prompt ly offered tn contribute their hall for the event Other lodges and a number of business men asked per-j mission to dispose of tickets and! friends who live in other towns have asked that tickets be sent there. The tickets are being printed to day and will be circulated during the weekend. Already many re quests for them have been received Ills many friends, regardless of whether or not they dance, have come forward with ready assurances of support and even strangers have signified their Intention of Joining Inj this most unusual celebration of a mosi unusual event. .ii. uuiou nam iiruunuiy piuea 'or more dances In Lmatllla county than INatatorium Turned Over to Council at Session Last (Night MAXAC.F.MFNT Al HAIXTEX AXCK OF SWIMMING POOl, IX CITY'S HANDS NOW. The management and maintenance of the public natatorlum was last ev ening formally transferred from the Commercial club committee, which has had charge during construction, to th city council. The comlmttee waited upon the council at the regular meeting and asked to be relieved of the manage ment but declaring a willingness to continue In the work of collecting un paid subscriptions and closing up the financial part of the construction work. The council somewhat reluct antly took 'over the pool, several ol the members stating that they would prefer to have the Commercial club committee continue to act. Messrs. C. M. Bishop and O. A Hartman. members of the committee, made a report to the council on tho stains of the pool. They stated that if all of the subscriptions which had been signed have monev were paid .they would enough to complete thel paMnents to the contractors. How- ever, they anticipated that some of! the subscriptions would not prove collectible and that they would prob-j ably have to raise some additional funds. They recommended Messrs Tubhs and Thome.,, who row hnv ne.,t.,i ' ehne nf ih Mmn.... ... i and they will nro'bsblv he continued i In their respective positions aa flnan clal agent and caretaker. The com- mlttlkA Minted lhaf th ru-ttlt( tmm swimmers last Saturday and Sunday!" amounted to over JS0 and expressed the belief that the present charges mtalntaln the pool and to provide a balance to pay for swimming suits and towels. In being relieved of the' manage ment of the pool, the committee ex pressed a willingness to serve the council In an advisory capacity at any time. amount of damages be fixed by two experts, one to be selected by each country. Stipulation Is Made. Such a sum the German govern ment pledges Itself to pay promptly, with the stipulation, however, that the payment shall not be viewed as a satis faction for violation of American rights. Should that method be unsat isfactory, Germany Invites the United States to arbitrate at The Hague. The unofficial view here is that reparation through commission of experts probably will be satisfactory to the United States, with the express (Continued on page three ) any other man and his friends be neve mat It is fitting and proper t celebrate his great good fortune with a dance, The sight, which he regained Mon day afternoon so miraculously, con tlnues to Improve slowly. This morning Mr Guiott stated that he could distinguish objects better than he could yesterday. His vision is better for things at a distance than close up. According to the physicians who examined the t ye, the return of sight was caused' by the displacement of an opaque crystalline lens which lay between the pupil and the retina, thus preventing the visualized object from being transferred to the retina. There is some danger, they say. that the lens capsule will rupture result of the displacement but s a Mr. Guiott Is confident that he will re tain the vision which he has recov ered. He believes that his study of l he psychology as published bv tho Unity school of Kansas has been largely responsible for his returned sight. His wife is a Christian Sei entist and believes that Scientist treatment brought about his rcov ery. Mr Guiott will not withhold credit from his wife's was certainly mental belief. "It or spiritual powers that gave me back my sight.' ne tteciares. "Certainly I did n"t re- celve medical or surgical aid Refusal of Rural Route Into Coombs Canyon Explained I.KTTF.K ItlXTOVF.D B-Y CHAM HKRIiAlV GIVF.S DFTATT.S RFKARDING OUKSTION. More explicit reasons for the re fusal of the post office department to establish a rural line Into the Coombs Canyon district are contained In a letter Just received by Senator Cham oeriain from the fourth assistant postmaster general, a copy of which was forwarded yesterday to Frank Hardy, one of the Interested peti tioners. Th fact that many of the petitioners were found to be resi dents of Pendleton or to be living within one mile of this city and that o good many others are men w ithout families led the department to the conclusion that the requirements for a rural line could not be met. the letter states The letter In full is as follows: Washington. July 2.1. 1915, Hon. George E. Chamberlain. Portland. Oregon. My Dear Senator Chamberlain: With reference to your communica tion of the 23d Instant. Inquiring; as ,n( status of the application for ,ne establishment of an addllonal ru ral lt", from Post office at reli aieion, uregon, I Peg to advise voit mat a petition for such servi.-o to extend south and southwest from that post office, signed by Daniel Kemler and others, was made the s"1Jwt "f "" Investigation by a rep rcsentatlve of the department In February. 1915. but It developed "'" - from h while the petition for tne route contained over 100 names, twenty six of that number were per sons residing within the town llm- f ndleton, or within one mile of existing service. and of th re I malnlng petitioners twenty-five were I persons without families so that they could hardly be considered as bona fide prospective patrons of the route. It was also ascertained that about fifty families; who permanent ly reside tn that locality, would be supplied although less than that num. ber of boxes would be erected In the (Continued on pag flvj.) U. 5. Cruiser at Cape Haitien Shells Soldiers Entering City Forces Under (Vunmand of (tieral Ilobo .Are IVsrwBd to Hetlre tn a Woods outside tlie Town Admiral Caperton Makes Report to Navy Department. WASHINGTON, Aug. 5. The crui ser Eagle shelled the Haitien rebels under command of General Bobo when they endeavored to enter Cape Haitien yesterday morning. Admiral Caperton reported to the navy de partment. The rebels were driven back to the woods outside of the cltr. WALLA WALLA MAN IS IN . JAIL FOLLOWING ASSAULT FIGHT AT OOIiFAX RESULTS IN KNIFE BEING USED ONE WILL DIE. WALLA WALLA, Aug B As a result of a cutting scrape at Colfax, J. L. Porter of Walla Walla Is con-1 fined In the Whitman county jail and James Whalen, released from the county Jail after serving a term for larceny, Is In a hospital at Col fax with his left breast 'slashed and his chances for recovery slim. The men had been drinking togeth er. It Is alleged and later mixed in a fist fight In which Porter claims to have gotten the best of It. Whalen withdrew. Porter said he then told Whalen to stay away from him and pulled out his knife. On being at tacked again by Whalen, ' Porter says, the knife was used and Whalen will probably die as the wound was deep enough to puncture the lung. Doctors In charge do not believe he can recover. Whalen Is single and 32 years old with no known relatives. Porter is 50 and says he has a son 27 years old in South Carolina. He talked with the prosecuting attorney and sheriff and said he intended to "cut his opponent in two" if he at tacked him the second time, but that he acted in self defense. Porter said he is a member of the Odd Fellows lodge at Prosser, where he lived for five years. Canada's Premier is Honored it1" - 7 '-w' 4 ,A' The photograph shows Sir Robert Borden greeting Lieut. Horsey of the 4sth Canadian Highlanders, who was twice wounded and Is now on sick leave, when they casually met on Downing street. Sir Robert M. P Is with j R. IV Hennett. 9 4 - GERMANS CAPTURE WARSAW IS CLAIM . OF BERLIN OFFICE LAST DEFENSES ARE SHELLED Germans Hurl Attacks Against Slavs in Final Effort to Take Warsaw-Petrograd Does Not Believe That Polish Capital Has Yet Yielded Declared the Garrison Can Hold off Teutonic Assaults for Indefinite Period. BERLIN, Aug. 5. Warsaw has fallen. An official statement from the war office announced the Ger mans have entered the Polish capital. The Russian garrison, it was announced, retired over the three bridges spanning the Vistula to the eastern suburb of Praga after offering a brief re sistance to the Teutonic forces. Bavarian troops under Prince Leopold stormed the last line of defenses and entered the city over the Kolish and Radom roads. From Praga the Russian center is retiring along the railway leading to Novo Minsh and over the plain of the Northern railway, keeping in touch with the right wing near Novo Geor gievsk. German forces are pursuing the retreating Slavs and have captured many stragglers. In Berlin extra editions an nounced the fall pf the city, bells were tolled and the capital is rejoicing. The official statement of the war office gave no details of the final engagements at the gates of Warsaw, or of the greater battle on the wings in which the Germans sought to envelope the Slav forces. That the struggle. before the last defenses of the city was short and fierce was evident by the fact Prince Leopold arrived before the outer works of Warsaw only a day and a half ago. The Russians were holding the line running through Blonie, 30 miles from the city. With the opening of the Bavarian assault, they fell back to the last lines in front of the city and finally were driven out entirely. It is believed the greater part of the Russian garrison which remained in Warsaw to:the last was captured. No specific mention was made of the success of the pursuit of the remain der who escaped and it is supposed the Slavs either destroyed the Vistula bridges or attempted to destroy them after with drawing in order to impede the pursuit of the Teutons. The first Germans entered the city last night. PETROGRAD. Aug. 5 Less than six miles from the town hall, the Russians are. making a last stand In a bloody battle within the city lim its of Warsaw. Retiring from 4-J&S. 1 V In recognition of his services on behalf of the empire, Sir Robert norden, premier of Canada !JuIy !9, formally presented was, on with the freedom of the city of London honor granted to but few. Blonie the Slav Garrison took up a position behind the outer defenses on the western borders of the city where assaults directed against them by Bavarian troops are being stub bornly resisted, according to the lat est advices received. The Germans took up positions along the G0I4 Mocozydle line and opened a bom bardment of the last defenses of the Polish capital. It is possible the Slav garrison al ready has withdrawn across the Vis tula, leaving Warsaw In the hands of the Germans, but officials do not believe the city has yet finally yield ed. They declared that from the outer defenses the garrison coul't sweep all the western approaches tn the town and hold off the Germans indefinitely. It was predicted War saw would, not be entirely evacuated until the last soldier of the main Russian army had entered the new positions This will mean. It was I declared, that thousands of Germans will he sacrificed in massed attacks against the last defenses of Warsaw before the city Is finally entered. BULLETIN RERUN. Amr. 5. Wlu-thrr the) kalT has enu-rcil Warsaw with hi victorious army In not known. He H n-ported to liave planned to entT with the ;orman troop, but lilt wh.-re-alNtiiM the last two day ha ls-n I mvtterv. The la-t ofrMal rvxrt re- carditis the kaiser uid he wa at t.a j lliian hcadipiarti-r with Archduke) ; IlvdorH-k of Austria. I jirly rNrt ; stated tlie kai-s-rlne and the cntw j prince planned to rnti-r tlw ity with J the kaisr. hut they were last return. I Hl as rftomhtg to Itorlln from th I east. E 0. S. Ifl MEXICO : WASHINGTON'. Aug 5 .-Mx!, V, I destiny hung In the balam e this ( ernoon. With Iinslng presijln. envoys of the leading Central and South American republics met at the state department to discuss IBn plans which were outlined by I.snntng to restore peace south of ths ftlo , Grande. I At 2 45 all the envoy had rr v-d ' with the exception of Amlatsdor Suarex of Chile. II was unavoidably detained The conference proce-df-d, secretly. There Is now little doubt that th warring Mexican factions must bum SOUTH STANDS BH (Continued en pas slsht )