VOL. 37 (THE HOME PAPER) DAILAS, POLK COUNTY, OREGON, FRIDAY, JUNK t, IBIS. (TWICE-A-WEEK) NO. T BURSELL HELD TO JURY ALLEGED SLAYER OF ZIMMER MAN PLEADS NOT GUILTY Denied Bail, But Attorney Will Never theless Make Application There fore to Court. " Clarence Bursell, formerly a resi dent of the Bridgeport section of Polk county, charged with having shot and killed Charles C. Zimmer man, near Silverton, was given a pre liminary hearing at Salem on Tues day, and pleaded not guilty to the information lodged against him, that of second degree murder. He was denied bail, but It is understood that application for bail will be made by his attorney, John A. Carson. Pend ing filing and hearing of the appli cation Bursell will be held in the county jail. Witnesses for the state were Sheriff Each and Mrs. Charles C. Zimmerman, widow of the dead man, who claims to have been an eye witness to the al- ' leged crime. Jennings Smith, a pio neer of 1845, who lives neighbor to the Bursell and Zimmerman places, testified tpr the defense, his testimony consisting largely of accounts of in cidents In the trouble said to have ex isted between Bursell and Zimmerman for about two years. He declared that he had heard Zimmerman threat en to kill Bursell and had warned him not to do so. Mrs. Zimmerman testified that on the day of the killing, Bursell, who lived directly across the road, passed the Zimmerman house carrying a gun and that after a few words were ex changed between herself and husbalid and Bursell, that the latter fired. Her husband, according to Mrs. Zimmer man's testimony, started toward Bur sell, who continued to fire until Zim merman fell. Proceeding on the theory that since the constitutional amendment abolish ing the death penalty became a law, murder Is bailable, John A. Carson, representing Clarence Bursell, has an nounced that he would apply- to the circuit court for ball for his client. The charge preferred against Bursell Is murder In the second degree, that being the highest degree of murder for which a penalty is now provided. "Under the law as It stood before the amendment abolishing the death pen alty was passed, murder in the first degree and treason were not bailable offenses," said Senator Carson in dis cussing the matter. "Now, however, there Is no first degree murder; and! the highest degree of murder that can be charged Is second degree, and it avd manslaughter are the degrees of Murder that must be charged In all homicide cases. I contend, there fore, that In all murder cases under the law, as it now stands, bail can be allowed." BUMPER PRUNE CROP ASSURED, Indications 1 Point to Lower Prices Tills Fall, Say Authorities. Prune prices are going to rule low er this year from all Indications, The Pacific coast has a large crop and but little chance to export the surplus, as the war has paralyzed the foreign de mand. ' A little business is being done by packers on the basis of a material ly lower market than prevailed at the opening last season. Various es timates have been made of the size of . the California prune crop, but a fair average of the yield is 175,000, 000 pounds. In Oregon, Washington and Idaho the dried prune output will run at least 26,000,000 pounds, ac cording to the best-posted prune men. It is, therefore, almost assured there will be a tonnage this year of 200, 000,000 pounds on the Pacific coast, against 100,000,000 pounds last year. For the past four or five years, ac cording to official statistics, the ex ports of northwestern and California prunes have been about 46 per cent of the total production. This year, a conservative estimate Is 10 per cent, and some packers figure even a small er quantity. With these conditions, it cannot be expected that prices will be as high as during the past two or three years. California packers have sold exceedingly heavy on fu tures and a little has been done In the northwest In this line. Packers there have made contracts with growers to cover the small amount of business transacted, paying 6 cents for 80 $5s and a quarter cent drop for each count of five In orchards that will produce large sixes, but the general run of prices paid growers has been around 6 cents for SO-S&s. Very lit tle eastern business can be done at present at these figures. X-Ray Tells the Story. Mr. and Mrs. A. J. Barham left yes terday for Portland, whither they went to consult a surgeon about the injury received by Mrs. Barham thir teen weeks ago, when she fell and dislocated her right shoulder. Falling to regain proper use of the shoulder, Mrs. Barham went to Salem a few days since, where an X-Ray picture of the Injured shoulder was taken, the picture, according to Mr. Barham, making It plain that the Joint had not been adjusted. It la probable that an operation will be Building Prone Drrern. Otto Skersies and J. H. Brown of Salt Creek are building prune dryers en their respective places, the former one of SO tushela capacity and the latter one of about half that capacity. . Mr. Skersies has twenty-five acres of prune trees and Mr. Brown ten acres, and both report a bumper crop this year. Planning BUr Meeting. i Independence Driving club has beama arrangements for a big meet on the Independence track June 13-26, a four-day event. The harness events will be under the National association rules, and the running races under the California Jockey club's rules. The purses will range from $100 to 1160, with three events each day, with a boys' pony race added on Friday. The trots and running races will be equal ly divided. Those desiring entry blanks or other Information should address C. S. Capllnger, secretary, In dependence, Oregon. SENIORS HAVE GOOD PROGRAM. Entertainment of June 10 Embodies Numerous Original Ideas. The senior class of the Dallas high school will give their class day pro gram on Thursday, June 10, in the high school auditorium. Much prep aration and originality has been shown on the part of the class, the members trying to give an entertain ment embodying more original ideas than ever before prescribed here. The gipsy scene is taken from the opera "H Trovatore," and has been, worked out with much skill, with the help of Miss Gertrude Irwin, the musical di rector. The class has worked hard to prepare the program and a large audience is looked forward to, The committee has submitted the following program: Instrumental so lo, Domoscheen (Bendel), Muriel Grant; reading, selected, Gertrude Wilson ; Serenade, "Alohule" ; class will, Joe Helgerson; reading. Teach er's Pet, Leonilla Smith; Instrumen tal, "Springtime Carreno," Dorothy Bennett; Gipsy Scene; solo, Gipsy John, Jack Eakln; anvil chorus, "II Trovatore," senior class; duet, "Home to Our Mountains," Lucile Hamilton and Jack Eakin; gipsy chorus, senior chorus; Carmlna waltz, Florence H. Allen; prophecy, Marie H. Griffin; class song, "Dallas High," senior chor us. YAMHILL PIONEER GUESTS. Sheridan Women Entertain Meet of Association, Where Talks Made. The Ladles' Civic league of Sheri dan entertained the Yamhill County Pianeers' association at its twenty- third annual meeting in that city on Wednesday. One hundred and fifty members were present. An annual dinner was served by the women at noon, the program being held in the Methodist church. Appropriate souvenirs were present ed to A. J. Hunsaker as the oldest pioneer; David Carter, old native son, and Mrs. Mary Gllkey, oldest native daughter. Frank Rogers of McMlnn ville, president of the association, pre sided. Among the visitors were: George H. Himes and Judge Moreland of Portland; Judge Galloway of Sa lem; Rev. Mr. Hunsaker and Father Hoberg of McMinnvllle. - GERMANS HIT KEYNOTE PROTEST AGAINST SHIPMENT OF MUNITIONS OF WAR. Marion County Society Sends Protest to President Wilson and Asks Special Session. Protesting against the exportation from this country of arms and ammu nition to the nations engaged In the present European war, the German Speaking society of Salem has for warded a petition to President Wilson asking him to call a special session of congress to Invest him with power to iput an embargo on all arms. The petition is based on international law, precedent and public opinion, It is as serted. It Is as follows: "We, the undersigned citizens of the United States, men and women, unite in earnest protest against the expor tation from this country of arms and ammunition for the use of nations en gaged in the present conflict, and for humanitarian reasons respectfully pe tition you in the cause of humanity and justice to call an extra session of congress at once to Invest you with the power to place an embargo on all arms and ammunition for the use of nations engage! In present conflict basing our petition on International law, precedent and public opinion. On August 1 you issued a noble document setting forth the govern ment's views on neutrality. This splendid statement met with the full approval of all American citizens who would like to see this country live up to the words of this declaration. We the undersigned are led by wish to be of assistance to you In Indicating what the people of America want, namely, in your own words: " 'We must put the curb on every transaction which might give a pref erence to one party In the struggle over another.' "The sooner an embargo is enforced, the sooner It will save our reputation for fairness. It will shorten the war and will bring up real, not false, pros perity, together with the happiness of knowing that we have rendered a noble service to humanity." Stock-Reducing Sale. Tomorrow morning at 9 o'clock, the Dallas Mercantile company will Inau gurate a big stock -reducing sale which will cover every department of the store. Its conspicuous announcement appears elsewhere in this issue of The Observer, and economical buyers will do well to peruse It. The sale will continue for thirteen days, yet In or der to get the best of bargains It Is advisable to make an early visit to the store. Death of Mr. Akiricb, Mrs. Lavfna Aldrich. aged 41 years. died at Falls City last Friday. She leaves a husband and three children. The body was shipped to Washington for interment. NELS DARLING, Town Expert Many a modern business has bee ing basis by having an outside man, a and approximate efficiency, go over th have been put on the right track by a thngs for big Interests and who is no linking up with the Chautauqua that w Darling will feel the pulse of Dallas, t way to health as quickly and surely a after home doctors have failed. WEDDED IN BIG DOME POLK COUNTY COUPLE MARRIED OVERLOOKING NEW HOME. Enjoy Distinction of Being First to Be United In Great Brass Canopy of Oregon's Statehouse. From the great brass dome of Ore gon's statehouse at Salem may be seen a portion of Polk county's richest ag ricultural land, and it was In this canopy, far above the corridors of the structure, that Miss Violet Brown desired that the ceremony which would unite her in marriage to Daniel N. Foster be performed that she might gaze upon their- future--abiding place while the nuptial knot was being tied. And so it was there that the solemn vows were taken on Tuesday last, by these estimable young people of the Salt Creek neighborhood, the Rev. Hlxon performing the ceremony. The contracting parties, accompan led by the bridegroom's mother, Mrs. J. H. Foster, his sister, Miss Loral ne, and Mr. William Nlchol, a farmer friend, and Rev. Hixon, asked permls j Ion of the superintendent of the building to visit the dome, and this having been granted the bridal party ascended the stairs thereto, where the marriage took place. It being the first to be held therein. Many weddings have heretofore been solemnized with in the building, but. never before at the top of the canopy. None in the statehouse knew or the wedding until after Mr. and Mrs. Foster had return ed to the lower floor, and then the in formation was given out by the super intendent. The bride and groom are prominent young people in the locality where they reside, and after a honeymoon in Portland, they will be at home to their many friends on a ranch owned by Mr. Foster. BOOK TWO HUNDRED YEARS OLD Rev. Bennett Possessor of Calf Bound Volume Printed In 1714. Rev. Bennett, pastor of the local Methodist church, has in his posses sion a book which for age "has it all over" the one owned by Attorney Glen Holman, mention of which was made in The Observer of Tuesday. The book referred to was printed in London In 1714, and pertains to the concoction of medicines from English herbs "that were not In any impression until this," by Nick Culpepper, "gentleman stu dent in phyaick and astrology." The book has long been In the Bennett family, but from whence It came the present owner Is not aware. On the flyleaf appears this Inscription: "Tim othy Carpenter, his book; God give him therein to look. His birth, Au gust the first, 1740." It is natural to suppose that the birth alluded to was that of Carpenter. Following this In scription Is another; "Silas Csrpenler, book; God give him grace to it look." Presents Library With Book. . The Oregana, the year book publish ed by the junior class of the Oregon State university, has been presented to the Dallas public library by Mrs. George T. Gerllnger, who Is a mem ber of the board of regents of that Institution. All who are contemplat ing a college course or who feel a general Interest in higher education will take pleasure in examining this srtlstic volume which contains many fine illustrations and much useful in formation touching on life and the various activities at the state univer sity. The sequel to the popular story of Pollyanna, which Is entitled Pollyanna Grows Up, has recently been put In circulation at the library. Oprratloa for Appendicitis. George Buck, the seventeen-year-old son of Mrs. J. R. Brow of Salt Creek, was operated on at the Dallas hospital on Wednesday for appendici tis. He Is recovering from the effects thereof rapidly. A 1 V, r' ' 'I h saved or put back on a dvldend pay business expert who can figure costs e plant. In like manner many towns town exDert. a man whd has done big w doing his maximum of service by 111 be held in Dallas next month. Mr. ake a look at Its tongue and shows the S ft specialist who diagnoses the case 30ARDJMAKES1BUDGET DALLAS SCHOOL DISTRICT WILL REQUIRE $23,730 NEXT YEAR, Provisions Made for Two Additional Teachers, Increase in Population Showing It to Be Necessary. The Dallas board of education es timates the expenditure which will be necessary for the 1815-1916 school iyear for this district to be 123,730 which is somewhat larger than last year, but the raising of, which amount will not increase the levy for the reason that the board last year liqui dated $5,000 th bonds while this year lit contemplates paying off but $2,500. mis latter amount is tne' last oi: tne grade school building bonds. The dis trict, however, has outstanding $60 000 high school bonds, on which and the 12,500 referred to Interest aggre gating 2,625 must be met. Teachers' salaries will require $13,600. In this estimate the board has made provis ions for two additional teachers, the increase in school population making this most probable with the opening of the fall term. The last census gave an Increase of seventy children of school age over the previous year and by the time school reopens next Sep tember which means practically a year from census taking time this number will undoubtedly have been augmented. It is the purpose of the board to ex pend approximately $1,250 in im provements to buildings, the greater item being the installation of a new furnace at the grade building. In ad ditional to the above the board esti mates $250 for furniture, $350 for ap paratus, $50 for library books and supplementary readers, $250 for play ground apparatus, $60 for election ex penses, $1,000 for Janitors' salaries, $165 for janitors' supplies, $250 for fuel, $160 for light and power, $300 for clerk's salary, $75 for postage and stationery, $260 for water, $30 for telephone, $375 for laboratory equip ment, and $300 for insurance. Dealing for Fine Farm. Mr. F. B. Van Nortwick, formerly of Dallas, now of Cottage Grove, has been in the city a portion of the week, accompanied by Mr. and Mrs. J. D. Anderson of that place. Van Nortwick has a deal on with Mr. An derson for the purchase of $00 acres of farm and fruit land one mile from Cottage Grove. The transaction in cludes a fine dairy herd and all farm ing Implements. This Is known to the writer to be one of the best farms In the Willamette valley, having excellent buildings and a ten-acre prune or chard. Sixty acres are under culti vation. The deal Involves something like $20,000. Want to Change System. At a meeting of the rural mall car riers of the state, held at Salem on Monday and attended by Messrs. Grant and Morrison of this city, a resolution was adopted, advocating that the next legislature pass a bill providing that road supervisors shall be elected by the voters of road districts, and that money raised by taxation for good roads shall be expended In the district where the taxes are assessed. A res olution favoring larger sized parcel post boxes was also passed. Abrlleilea Donate Liberally. A number of Alrlleltes were in Dal las on Wednesday interviewing the county court relative to road matters. The people of this section have raised $300 In donation work for the main roads of that locality and $500 for the Improvement of the highway from the hill Immediately south of A. rile to the Benton county line, from which point the roads to Corvallls are In excel lent condition." Has Money to Bura. The J. C. Penny company, operating a string of stores In Oregon, one of which Is In Dallas, has money to burn. At least that Is what the manager of the Marsh field store thought the other day, when he dumped about $200 in to the stove there. The bank having closed and the company having no safe, the manager placed checks, cur rency and gold to this amount In small milk can, and put the can in the waste basket for safe keeping (through the night The following morning the janitor put the contents of the basket In the stove, all except the gold going up In smoke. CHANGES IN EXAMINATIONS. New Law Changes Manner In Which Schools Are Secured. The approaching teachers' examina tions to be held June 30, and July sec ond and third, will be the last under present conditions. The 1913 legisla ture amended the school laws so as to require that all applicants for teach ers' certificates must be either grad uates of high schools with the full four-year course, and with teachers' training courses, or else must have attended a high school at least two years and have supplemented this with not less than six weeks' training at a "standard normal school," or. other accredited Institution. As this new law takes effect in September, 1915, it does not affect applicants at ithe coming examinations, but will apply to the next December examina tions. Under the new laws adopted by the last legislature, the date of the exam inations Is also changed. In order that teachers who have taught during the year may have a chance for a brief rest and review the date has, been changed from the third Wednes-j day in June to the last Wednesday. I The fees for the higher grades of certificates have also been reduced, a change that will not be unwelcome to the teachers. Still another change is to he found in the fact that the examinations hereafter will extend through but three days Instead of four as has been the case heretofore. Will Use His Own Berries. Mr. Pugh of Falls City Informs The Observer that he will not purchase lo ganberries from growers In that vl cinity this season, as had been stated in these columns. ' Mr, Pugh has twelve acres of berries of, his own growing; and, these will be made into juice. The 'market for the juice of the loganberry Is not large at this time, and, he is of the opinion that if he succeeds in disposing of hlB own product he. will be doing well. He has but recently completed a new fac tory at Falls City. The county court went out to the McBee hill yesterday morning to "view the lay of the land," it having in contemplation some road work there. . -"-; . """TV KILLED BY FALLING TREE LAMBERT SHEPARD- OF FALLS CITY FATALLY INJURED. Started for Dallas Hospital With All Possible Speed, but Victim of Accident Expiree Enroute. Lambert Shepard, for several years a resident of Falls City, was killed two miles above that place yesterday afternoon while employed in the woods felling timber for the Falls City Lumber company. A tree had lodged In another, and Shepard went back to the stump, to dislodge It when he was struck on the head by a falling limb. The victim off the accident was Im mediately taken to Falls City on the logging train, from which place he was started in M. L. Thompson's au tomobile, with Mr. Thompson, Dr. Helllwell and L. G. McMurphy, for the Dallas hospital, but he never reached that institution alive, breathing his last when within a short distance of it The body was taken to the under taking parlors without being removed from the automobile. Elmer Lewis of Falls City followed soon after with Mrs. Shepard, wife of the Injured man. but the husband was at the undertak er's when she arrived. By his untime ly death a widow and four children are left to mourn. Arrangements for the funeral had not been perfected at an early hour this morning. War Not Likely. United States Senators Walsh and Myers of Montana are confident that, not the slightest danger exists of a war between the United States and Germany. So far as the possibility of an armed conflict is concerned, their confidence is well founded, for the simple and -controlling reason that Germany Is powerless to strike the United States, and it is Inconceivable that the United States would be so Injudicious as to draw sword against Germany when It has readily avail able Incomparably better weapons. Some one has aptly recalled an an ecdote of Lincoln. Challenged by a blustering fellow In his younger days to fight a duel, Lincoln turned the laugh on his assailant by accepting provided he should nsme the condi tions snd the weapons. Hs pro posed that the two combatants take positions at either end of a ll-floot plank, that neither be permitted to move from his tracks, and that the weapons be broadswords. In ths Improbable event of a diplo matic - break between Germany and the United States the possibility of bloodshed would be about as remote as in the duel" proposed by Lincoln. The broad Atlantic rolls between us. Germany could not send an arme-l expedition to this country; we should not be so simple as to try to build up and send an army across the ocean. Spokesman Review. MEXICANS ARE NOTIFIED WOODBOITS WATCHFUL WAITING I PROGRAM COMES TO END. Revolutionary Leaders Told They Must Quickly Compose Differences or Take Consequences. Alt factions in Mexico have been f publicly called upon by President Wil son in the name of the United States government ( "to accommodate their differences" and set up a government that can be accorded recognition. Failure to unite in a movement to bring peace to -Mexico "within a very short time," it was announced In & statement telegraphed to Generals Carranza, Villa, Zapata and others, would constrain the United States "to decide what means should be employ ed" in order to save the people- of the southern republic from further devastations of internal warfare. Ev erywhere in official and diplomatic quarters and among Mexicans of var ied learning the statement was in- . terpreted as meaning that the United States would bring pressure to bear first to unite the factions In the choice of a provisional president and failing td bring all elements together, would give active support to those elements which did agree. Intervention was considered as a possible ultimate de velopment, but only as a hopeless con dition of anarchy followed with no remedy from within the republic. The statement marks a departure in the policy of the Washington gov ernment toward . Mexico. Its effect was to start a variety of speculation as to what the American government meant by lending "its active moral support to some man or group of men, if such may be found, in an effort to ignore if they cannot unite the war ring factions of the country." In high official quarters at Washington, say the dispatches, it was explained that the United States hitherto had main tained neutrality as between the fac tions, but now was preparing to choose between them or to give its support to those elements In the exist ing factions which gave most promise of success. An embargo on arms and the cutting off of other means of sup port in the United States would put into operation to assist the chosen elements as against those which ig nored the American government's de mand for peace. While details of the government's policy are not yet available, further says these dispatches, it was said on good authority that it was Intended to restore constitutional government in Mexico after the factions had -agreed on a man for provisional presi dent by first according recognition to Vasques Tagle or some of the other members of the cabinet of the late President Madero entitled to succes sion under the Mexican laws. Tha minister so recognized would be ex pected to appoint to the cabinet the man chosen to head the new govern ment, In whose, favor he then would resign. 1 $ . APPEAL TO GOVERNOR. Letters of the Chain Variety Circulat- In This City. A chain of letters to Governor 81a- ton of Georgia has been started throughput the country In behalf of Leo Frank, who is doomed to die in that state after having been found guilty of murder. The letter asking that an accompanying communication be sent to the chief executive tof Georgia, states that It does not be- lleve Frank was given a fair trial, that he Is being discriminated against, and on this ground requests an ap peal to Governor Hiaton ' lor ettner pardon or a commutation of sentence, as In the course of time ths truth will be known. The "chain" has reached Dallas and a number ot persons have already complied with ths request and made an appeal to the governor for clem ency. Ths letters that have gone for ward from this city read as follows: "Hon. J. H. Slaton, Atlanta, Ga., Your Excellency: The undersigned most respectfully approaches you in behalf of Leo Frank, convicted in your city and state. It does not be have any citleen of the United States to question the Justice of a verdict on ths part of Its fellow citizens, in any decision of a regularly constituted court of Justice, but In the question of mercy, no one should be backward In asking same for any unfortunate who has come under the jurisdiction of the law. Therefore, the undersigned begs to Intercede with your excellency to bestow clemency ' upon said Leo Frank, If your cool judgment combin ed with human compassion, will allow you to do so." Meeting Well Attended. Ths attendance upon ths meeting at the court house Tuesday evening. held for the purpose of discussing the hygiene problem, was quite large, and those who failed to attend may con slder themselves unfortunate. Mr. W. V. Fuller presided In place of Mayor Klrkpatrlck, who was unable to be present because of his recent Illness. The principal address, of the evening was by a Mr. Elliott of Portland, a member of the Oregon Hygiene asso ciation. George Gerllnger and Dr. A. B. Star buck were also speakers. Mr. Finn Urges Cfasuilliiess, With a view to better highways In all parts of the county. Roadmaster Finn has Issued a request that all su pervisors clean out the fence rows along the public roads In their re spective districts, snd also to cut and burn the grass. He urges that ths public refrain from throwing rubbish into the highways and ditches. rrlciwd rndergoes Operation, Mr. C I Prichsrd was operated en at the hospttaJ yesterday afternoon for gall stones. Five stones were removed. The patient Is doing nicely this morning.