The Athena press., June 16, 1905, Image 1

SEMI-'WBEKL
VOLUME XVII.
ATHENA, UMATILLA COUNTY. OREGON, FRIDAY. JUNE 16, 1905.
NUMBER 44.
ED. MANASSE
w -1 an i rm
If LAUltd
MM
Style, Quality, Workmanship
Each one a tailored creation. To see them is to verify our state
ment. We will not quote prices, but you will find as far as quality
is concerned they are all right. JUST IN A sample lot of SHIRT
WAIST SUITS at FIRST COST. Come and make your selection.
ED. MANASSE
Agent for Butteric'k's Patterns.
Si1.-
"GARLAND" Trade
5 r, Mark .
represent the iicitie of
Quality, Finish, Dura
? bility, Convenience
SOUTH SIDE MAIN STREET. ATHENA. OREGON
C. An BmKETT a, COS
Y
B0 0
k
Mowers, Rakes, Binders. Deering Binding
Twine; Machine Extras of all kinds. . . , ,
H&rdwtire
TIME
When all that is good in Groceries and Staple Provisions fail to appeal
to you as appetizers. THAT TIME IS nERE, tor the season of.
Fruits And Vegetables
is at its zenith. Our FRUITS AND VEGETABLES COME DIRECT
FROM THE RANCH and therefore are fresh and palatable.
DELL BROTHERS
,1
SHIRTWAISTS fi&
Call and See Our
Lawn Mowers
Garden Hose
Screen Doors
Hardware 1 H
and
Plumbing
Supplies
INCORPORATED.
' Stock is
CATERERS TO THE PUBLIC IN
GOOD THING3 TO EAT
II
N6
STATE LAND AGENT
ATTORNEY GENERAL SATS THE
OFFICE DOES HOT EXIST.
The Only Person Qualified to Act as
Agent of State Lands Is the
Governor of Oregon-
Attorney General Crawford has ren
dered an opinion in which he decides
the question raised by Commissioner
General Richards, of the general land
office, holding that the governor is
the state land commissioner, and that
he alone is qualified and authorized to
approve and affect land election lists.
The attorney general also takes occa
sion to go a little deeper iuto the laws
governing the office of the state land
agent, which have been raised so often
but hitherto unsettled, in which he
holds he can find no act upon the stat
utes whioh'creates the office of state
land agent except by mere mention,
and that there is no such official un
less it be the governor himself, and
that the so-called state land agent is
merely an authorized agent of land
commissioner to assist him with his
duties.
The question raised by the commis
sioner ol the general land office was
whether the governor was still land
commissioner of the state, or whether
that title was not transferred to the
etate land agent by virtne of the act of
the legislature of 1903, which empow
ers and authorizes him to make the in
demnity school land selections. If
the attorney general had held in ac
cordance with the views of the com
missioner of the general land office, it
would serve to invalidate a great
number of lieu land selections at pres
ent pending before the department at
Washington, aggregating a total of
over 12,000 acres of indemnity school
land selections, and the lists would
have to be returned for revision and
correction. As it now stands, no cor
rections will have to be made, and the
Washington land department will be
so notifled. v . s
As to ithe question "of ttie existence
of the office of the etate land agent,
this has been up for discussion upon
numerous occasions, but it has never
been raised directly in any case in
such a way that the courts felt im
pelled to decide it The attorney gen
eral holds that there is no law in ex
istence which creates this office, the
only one making any mention of it be
ing that which describes the duties of
that official, and he concludes that
the duties described devolve upon the
governor as land commissioner, and
Complete,
TIIES
Athena, Oregon.
that the so-called state land agent is
merely appointed an agent of the gov
ernor to assist him in the performance
of his duties.
PRICE WINS THE CASE
Wegton Hmn Secure, Verdict of Damages
From O. B. N. Company.
In the circuit court Wednesday, in
the case of T. J. Price against the O.
R. & N. Company, for $2,000 damages
for the overflow of water on the plain
tiff's laudcaused by the installation
of a culvert near Weston, by defend
ants, plaintiff was given a verdict in
the sum of $925, says the Tribune.
The case of Baker county against ex-
Sheriff Huntington and his bondsmen
is in progress. In this esse a $10,000
shortage in the accounts of the sheriff
and the amount of bis bond is in
volved. The case was first tried in Baker
RYAN HORRIBLY CUT
A Runaway Team
Into A Barb
Micheal Ryan, the stockman, re
ceived injuries in a runaway accident
yesterday afternoon that has placed
his life in the balance. He was
brought to town by A. J. Wagner.
His injuries were dressed by Drs. S. F.
Sharp and A. B. Stone, and then he was
removed to the hospital at Pendleton.
Kyan left town shortly after nooit
with his team and hack for his home
north of town, from where he intend
ed going to Pendleton where his sister,
Mrs. Millarky, is critically ill. At
the Dell place above the mill, the
team" was on the dead run and when
they swung into the road and started
north, one line was dragging on the
ground and Kyan, in an intoxicated
condition, was utterly helpless to hold
or guide the horses.
The team whizzed by the two
Schrimpf boys at this place and fur-
iber jffiJ,hjsiQadi rushed around the
buggy of A. J. .Wagner. On up the
road where the team, to go home,
should have turned to the north, they
swung sharply to the south, turned
completely around toward town and
one of the horses felL Here it was
that Ryan was thrown into a barb
wire fence and terribly lacerated
about the neck and body.
Mr. Wagner drove up and with great
difficulty got the injured man into
his buggy and hastened back to town.
When the doctor's office was reached
HELD IN ATHENA JAIL
Deaf and Dumb
Robbery by Ephriam Williams.
wo men acting the deaf and dnrub
stunt were arrested last eyeniug by
Officer Gholson, on complaint of Epb
Williams, the charge beiug robbery.
Williams came to Athena with $27 in
his pockets and it is known that he
spent money freely over the bar. Yes
terday afternoon he missed his pocket
book, and Sam Ward claims he saw
one of the two men who is now under
arrest, take Williams purse. When
searched by the officer, 75 cents was
found on one of them aud the other
had no money .jr
The two f&lows came into town
from the west yesterday and went out
of their way to make the play that
they were deaf and dumb, but this
play is considered a ruse for some pur
pose or other for at least two citizens
claim to have heard the men talking.
The men are being held yet this
morning, though the officers think
Williams has a weak case against
them. , However, there may be a more
serious charge against the prisoners,
Washington
Washington, June 15. Tho Ameri
can national capital has been selected
as the seat of negotiations between the
plenipotentiaries of Russia and Japan
for the peace treaty. The choice of
Washington marks another forward
step in the negotiations toward the
ultimate peace movement instituted
by the president The announcement
of the selection of Washington was
made by Secretary Loeb at tho White
county by Sam White, then district
attorney, now circuit judge, and T. H.
Green of Portland. At the first trial
a verdict was returned for plaintiff
and defendant appealed to the supreme
court which reversed the oircuit court.
Defendant then secured a change of
venue and the case is now being tried
in this county by T. H. Green and
Hailey and Lowell for plaintiffs, and
Judge M .L. Olmstead and ex-Senator
William Smith as attorneys for defendants
Pac. Sat fnr Trial
the circuit court the trial of
Grover Martin was set for next Mon
day forenoon, and that of Moses Tay
lor for attempting arson, for the
Thursday following that dato. The
demurrer filed by the defonse in the
Taylor case, and which was argued by
the attorneys, was overruled by Judge
Ellin.
Lith
Throws Stockman
Wire Fence.
Byan was uuoousoious and very weak
from loss of blood. Au examination
revealed a terrible out along the
right side of the neck and throat and
another cut on the right side of the
body between the ribs, at least six
inches in length. The wound on the
throat was a terrible one, extending
from the ear to the point of tho chin,
laying bare the jaw boue and exposing
the glands and muscles, the flesh be
ing horribly torn and lacerated by the
barb wire. There were other minor
cuts on the hands and 'other portions
of the body, but Dr. Sharp stated
that the out on the side of the body
was considerably worse than on the
neck and throat.
Byan became conscious while his
injuries were beiug dressed aud stood
the ordeal without anesthetics, and
conversed with those about him. Dr.
Sharp says the injured man stands a
good show for recovery, unless blood
poisoning complications should de
velop. The wonder is that Mr. Byan
was not kill outright. By actual
measurement for a distance of seven
feet the barbs on the wire fence con
tained blood stains, particles of flesh
and bits of clothing.
The team on its return toward town
collided with the hack of the
Schrimpf boys and damaged it to
some extent Ryan's hack was demol
ished, but the horses were not injured.
Artists Accused of
and on this tho sheriff's officer is now
working. The following from the La
Grande Observor of Wednesday morn
ing would apparently implicate the
two men being held here:
"This morning Coroner J. C. Henry
was notified that a man had been
killed at a point about three milos
above Hilgard, and that the body was
lying near the railroad track. Aside
from some small change there was
nothing of value found on the body.
The man was undoubtedly run over
by freight train No. 55, which must
have passed over him about 11 o'clock
last night. Tho dead man was recog
nized as one who had been in the Hol
verson saloon at Hilgard last night
in company with two men who were
acting the part of deaf aud dumb men,
but their actions were such as to cause
suspicion, aud it is thought by those
who saw the men that they may be
responsible for the man's death as they
suspect foul play. The body is that
of a mail of medium size and appar
ently 40 years of age. "
Is the Place
House at 1 :23 p. ni. today.
In view of the selection of the seat
for conference it is expected that
within a few days Russia and Japan
will announce formally the nuiuoH of
their respective plenipotentiaries. It
is deemed likely also, coincideutally
with the announcement of the pleni
potentiaries, that an agreement will
be reached as to toe time of holding
the conference. '
A VALID INDICTMENT
SENATOR MITCHELL'S TEIAL IS
SET FOB NEXT TUESDAY.
Enters a Flea of Hot Guilty to Charge
of Defrauding the Govern- .
meat While Senator.
Portland, June 15. Senator John
H. Mitchell must face trial next Tues
day. His demurrer to the indictment,
his last hope of escaping trial, was
overruled by Judge De Haven. At
the request of the distriot attorney the
panol was immediately drawn, from
-which will be chosen the jury that is
to determiue the question of Senator
Mitchell's guilt or innocence.
In a few words Judge Do Haven
swept aside the technical objections
which defendant's counsel had raised
to the validity of the indictment, and
declared his belief that the offense
was sufficiently charged.
The demurrer was accordingly over
ruled. Through his counsel Senator
Mitchell entered a plea of not guilty
and the case was set for Tuesday, June
20. A panel of 200 names was then
drawn by the clerk of the court.
The charge which Senator Mitchell
must now face is that he entered iuto
an agreemont with Frederick A. Kribs
whereby Mitohell, then senator, was
to prosecute certain timber claims
owned by Kribs and peuding' before
tho land department, for which serv
ices he was to receive certain fees ;and
that he did so proseoute these claims
and reoeived therefor certain fees.
These acts are contrary to the federal
statutes.
The defendant's demurrer to the in
dictment was on the grounds that the
indictment was indefinite and defec
tive iu that it failed to allege that
Mitchell was senator at the time of
the commission of the illegal acts ;
that it failed to specify with exact
ness the special claims for .the expedi
tion of whioh fees were paid ; that the
description of the claims was defec
tive in that -abbreviations were used ;
aud that the indictment was too uncer
tain to form a bar to a future second
indictment for the same offense. All
of the objections were declared by
Judge De Haven to be purely tech
nical and to go only to the form and
not the substance of the iudiotment.
Senator Mitchell wag not iu the
court room when court convened this
morning, but Sonutor Thurston, his.
attoruoy, and District Attorney F. J.
Honey were present and a crowd of
interested onlookers filled the lobby.
In a low voice Judge De 'aIIaven an
nounced his decision.
"In the case of the United States vs.
Mitchell, in which demurrer to tho
indictment was argued yestorday, I
am prepared to decide the matter at
this time. Tho objections urged by
the defense against the indictment are
I think merely as to form, and as to
form the indictment is open to criti
cism yes, to severe criticism. Yet I
fenso. It appears, therefore, from the
indictment that the defendant, Mitch
ell, rendered services before a depart
ment at Washington iu a matter in
which the government was interested,
that he received compensation for
such sorvices aud that he was at that
time a United Stages senator. The
domurrer is, therefore, overruled."
NORMAL IS SAFE.
Superintendent Ackerman Hat
the
Normal li In Mo Danger.
"I have no fears whatever for the
Weston Normal school," said State
Superintendent J. H. Ackerman to a
Pendleton paper.
"The Weston Normal is not in
any danger, in my estimation, and
will romain one of the permanent in
stitutions of Eastern Oregon. It is
needed in this action to educate teach
ers, and prepare them to conduct the
public schools along right lines. If
we believe in publio schools we must
believe iu training publio school
teachers so as to make the public
schools right
"The influence of one well trained
teacher is not confined to her own im
mediate circle, but let us suppose ft
case: Say we graduate a first class
normal teacher at Weston, Mon
mouth or from some other normal
school, and this teacher enters the
public schools as a teaoher. The pub
lic that grows up under guidance vand
training imbibe ber principles take
unto themselves her methods aud
manners and so as these pupils come
to the graduation period and go, them
selves, to become teachers in the pub
lio schools, they carry with them to
put iuto actual practice the the train
ing their old teachers received from
the normal, and iu return gave
them.
"It is a far-reaching and'vital thing
to teach teachers."