This Edition con
tains Six Pages
Athena Merchants
Carry BigjStocks
Buy Your Groceries from Your Home Grocer
VOLUME XX.,
ATIIENA, UMATILLA COUNTY. OREGON. FRIDAY. JULY 17, 190S.
NUMBER 29
THE TUM-A-LUM LUMBER GO.
Lumber, Mill Work and all Kinds of
BUILDING MATERIAL
PAINTS, OILS AND VARNI5IIES
Posts and Blacksmith coal
A. M. Johnson, Manager
Athena, Oregon
v
ESTABLISHED 1865
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THE ATHENA MEAT
MARKET
STONE & BODDY, Prop's
The place to get the best cTWeat that
money can buy, and at the lowest price
Fish and Oysters in season The high
est cash price paid for poultry".
R. J. BODDY
WHOLESALE BUTCHER
Makes a Specialty of furnishing
Meat in Large Quantities.
First-class stock, Reasonable price
WHERE PRICES ARE RIGHT P0HIL n
CATERERS TO THE PUBLIC IN
II OVER LEASES
Marion Jack Prevents Perringer Cut
ting Grain By Securing
an Injunction.
Reservation land leasing is to be
aired through a suit filed by Marion
Jaok against Roy Perringer. The court
has issued a restraining order wbioh
prevents Perringer from harvesting a
crop of wheat on land wbioh Jack
claims to have leased. The East Ore-
gonian says of the case:
Can George Perringer rent more
than 640 acres of reservation land
when the government forbids others
from doing so?
Has the government the right to di
rect that Roy Perringer may harvest
a wheat crop on Indian land that has
been leaeed to Marion Jaok?
These are questions that are raised
in a suit that was filed here late Mon
day afternoon in, which the title is
Marion Jack, versus A. E. McFatridge,
U. S. Indian agent, and Roy Vv Per
ringer. In the complaint, wbioh' was
filed by Attorneys RaJey, Richards &
Raley, the court was asked to issue an
order restraining the Porringers from
harvesting the crop involved and the
injunction was granted.
On the faoe of it the suit just
brought does not seem of great impor
tance for it pertains merely to a crop
on 160 acres of land and it is valued
at but $2500. But back of the com
plaint lies another story that is one of
intense interest to parties having busi
ness on the reservation. This interest
is heightened by the fact that some big
characters, among tbem the honorable
secretary of the interior, figure in the
story.
In the case filed, Marion Jaok sets
forth that he had legally leased 160
aores of land on the reservation, pay
ing $3 per acre therefor last fall. Bat
despite the-f aot that he held a lease he
asserts that the government, tnrougb
Agent McFatridge tut recently notified
him that Roy V." Perringer might go
upon the land for the purpose of bar
vesting the growing orop thereon.
This seeming inconsistency cn the
part of the government is explained as
follows: Major WoFa bridge regularly
approved the lease to Marion Jaok who
bad offered a greater price for the laud
than bad Perringer. But in an effort
to override the agent Perringer is said
to have enlisted the support of Presi
dent Penrose of Whitman college, who
was a classmate of Secretary Garfield.
Aooording to reports President Penrose
importuned the secretary and doubtless
with the best of motives, to direot that
the land be given to Roy V. Perringer,
who was a student at Whitman.
While full particulars are lacking,
it is apparent that tbe influence of his
former classmate bad effeot with tbe
popular seoretary, for the order favor-
THE
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J. E. FROOME, prop.
I It?
Only First-class Hotel in
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Iff
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i
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ing Perringer was forthcoming.
But the visit of Secretary Garfield
is said to have altered that gentle
man's mind concerning affairs and be
is said to have suggested that Per
ringer and Jaok settle their differences
by compromise.
Monday afternoon the parties in tbe
case were busy with their "comprom
ise" when word was reoeived by Jack
that a Perringer combine bad entered
tbe field involved to cnt the orop.
Apparently a oonp d'etat had been
planned.
But tbe other side was ready fot tbe
emergency.
Yonng Perringer says: "One Of the
alleged questions involved in tbe law
suit just started, as stated by tbe op
position, is 'can Geo. Perringer rent
more than 640 aores of land upon tbe
reservation?'
"Snob a question has nothing what
ever to do with this suit. The only
question is, 'Has tbe secretary of tbe
iuterior authority to modify a lease
made between Indian lessors and their
lessees?'
"The secretary, after oarefnllly
considering tbe whole case in cou
jnnotion with his first assistant, Mr.
Pierce, an able lawyer from Salt Lake
city, deoided that I was eutitled to
some equitable oonsideraion and after
a conference between the seoretary,
Mr. Wilson, it was deoided to modify
tbe approval of the three leases cover
ing the crops growing upon tbe lands
which I had sowed.
"Two of tbe leases had already
been approved but tbe other bad net
and has not yet been 'approved, ao
oording to Superintendent McFat
ridge." Alleges Teaching Reputation Is Dam
aged and Files Suit for
$4,600. Damages.
Bonier I. Watts, former principal of
the Athena publio school has Sled suit
in tbe cirouit court against Jerry
Stone, chairman of tbe sobool board,
for 4,600 damages.
In the complaint, which was filed
by Watts aim self, it is set forth . that
the plaintiff holds a life teaoher's
diploma and is duly admitted to prao
tioe law in this state.
Jerry Stone is characterized as a
"man'- muoh believed and relied upon
by people of tbe county as a trutbgiver
and as a pioteotor of tbe good morals
of tbe community a man of wealth
and of infloenqe which is felt beyond
tbis strife."
The particular offense charged
against him is that on December 1,
1907, while Watts was serving as
principal of tbe Atheua sobools,' be,
Stone, caused to be published and cir
culated a slanderous, soandalous and
libelous stoty concerning tbe plaintiff.
Iu effect this story was that Watts had
disregarded tbe instructions of tbe
Athena school board; that he had also
used profane language pu the streets
of Atbena, and had nailed pupils by
various offensive names. '
Because of this, alleged litel tbe
plaintiff complaius that "on or about
tbe first of May 1908 be was tendered
a professional position which said
position would bave paid plaintiff six
teen bnndred dollars per year but on
aooount of said charges of insubord
ination in said libelous matter made
by said defendant coming to tbe
knowledge of the prospective employ
ers said employers dropped the plain
tiff solely upon these grounds, believ
ing tbe charges made by defendant to
be true, and said employers specifically
stated that the question of insubordin
ation raised by said defendant was tbe
sole basis for not employing paintiff.
Faiutiff has since tried to seoure other
positions but baa been nnable to do so.
And for bis special cause of action
plaintiff prays judgment in tbe snm of
sixteen hundred dollars, tbe damages
done plaintiff in this special cause."
He then asks for tbe sum of $3000 in
addition because be alleges that tbe
defendant acted against bim for tbe
purpose of annoying and injuring bim.
DEATH OF MRS. L A, ATHENS
Passed Away at Home of Her Daugh
ter In Bandon, Oregon.
Mrs. Candace E. Gitbens, wife of
Postmaster L. A. Gitbens of this city
died Monday at tbe home of her
daughter, in Bandon Ore.
Tbe deceased had long been a suffer
er from consumption, and several
weeks ago," in tbe hope that a change
of climate would be beneficial, she was
taken to tbe borne of ber daughter.
Sbe continued to fail until 8 :30 o'clock,
Monday morning, July 13, 1908,
death relieved Aer. Sbe was aged 52
years, and was born in Illinois. Sbe
was the daughter of Mr. and Mrs. N.
P. Hall, who at present reside near
Pilot Reck. Besides bei husband. Are
daughters and one son survive ber.
Tbe remains were interred at Bandon.
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in
STONE
LSI AGAIN
Scheme Nipped at Baker City by Ar
rest of E. G. Cooke a New
York Broker.
Traveling aoross the continent in a
private oar, living on tbe best things
of tbe land, and accompanied by a
party of 40 prospective customers as
bis guests, Henry E. G. Cooke of New
York, a broker, was arrested in Baker
City Saturday afternoon on a oharce
of scheming to defraud tbe United
States government, and will probably
be brought to Portlaud to have bis
preliminary hearing before a United
States commissioner, says tbe Portland
Journal.
Cooke was arrested by a deputy mar
shal at the request of United States
District Attorney John MoCourt.
Cooke was indicted iu New York on a
charge of fraud preferred against him
by tbe government.
When Cooke arrived in Baker City
be was acoompauied by many of the
persons whom he had promised for a
consideration to locate.
Tbe arrest of Cooke brought to light
a scheme for defrauding tbe govern
ment of timber lauds which had it
been allowed to run would bave rivaled
if not surpassed the now notorious
transactions of S. A. D. Puter, Horace
MoKinley and the rest of tbe land
fraud ring whiob has reoently brought
Oregon into such undesirable promi
nence before the reading publio of the
United States.
Cooke was and is the general mana
ger of the Oregon Ranohing & Timber
syndicate having headquarters in the
St. Paul building. New York City.
He is tbe owner, or reputed owner of
a large ranoh in tbe eastern part of the
state, in tbe viomity of Baker City.
The scheme of Cooke was simple.
He advertised iu tbe New York papers
that he had a proposition by which
investors could make "twenty for one,"
and be outlined it to those answering
the ad about as follows:
Cooke represented that he was tbe
agent for the Weyerhauser people who
desired to seoure a large body of tim
ber in the state of Oregon. He admit
ted frankly that bis scheme was shady,
but contended that tbe federal author
ities knew of it and of its operation
but could do nothing to stop it The
plan was for the prospective applicant
to purobase 10 shares of stock lu the
Oregon Ranohing & Timber syudioate,
paying 1100 for the block. Upon this
collateral the syndioate would then
loan the applicant $100 with which
tbe land was to be filed and proved up
and patent eeoured.
Cooke entered into a written co'i
traot with the applicants who went
into his scheme. In this it was agreed
that Cooke would locate the applicant
on 160 acres of Oregon land fo'r the
$100 paid for the stock in the syndicate.
Cooke was to locate tbe land mark the
boundary lines and then notify the ap
plicant, who iu turn was to come to
Oregon, follow tbe directions of Cooke
and tile on the land. It is farther
agreed that Cooke will bny back the
claim for $2,000 net as soon as a patent
had been socured from the government.
as an extra inducement it was
agreed that the applicants could stay
at the ranch owned by Cooke In Eastern
Oregou pending the passage of tbe
patents by tbe government and tbe
final closing of tbe deal upou payment
of $1 a day board.
Tbe operations of Cooke in this state
were brought to tbe attention of
United Statos Distriot Attorney Mo
Court through a letter written by a
New York mauaskiug a Portlaud
friend for advice regarding tbe scheme,
and given to Tbe Journal. Iu this
letter tbe oontraots made by Cooke
were set out and bis plan as outlined
by himself made plain.
Acting upon tbis clue Distriot At
torney MoCourt directed the attention
of tbe New York offioe to Cooke's oper
ations with the result that be was in
dicted some weeks ago, siuue wbioh
time the officials of tbe government
bave been trying to locate him. He
was found in Baker City and placed
under arrest at tbe request of Mr. Mo
Court. Vacant Land Vanishing.
Tbe annual report of the United
States land oflioe in tbe Yakima coun
ty the area of vacant publio laud is
now reduoed to 126,072 aores, a large
part of whiob is situated iu tbe reser
vation, says a report. Tbe area of
unallotted land in Kittitas county is
150,000 aores; in Benton county there
is but 27,063 aores unallotted and in
Douglas oounty, 15,003. During tbe
year which closed June 30, 478 home
steads were taken up and these, to
gether with dosertland claims, aoconnt
for 120,000 acres entered upon during
the year.
Well, "By Jinks." "
Says tbe Pilot Rock News: "The
faot that Dr. Lieuallen has bought tbe
household furniture from Dr. Parker
and has had the bouse fixed op is
causing much comment in tbe looal
society tbis week. Many reports have
been started as a result, and Ito be
plain about tbe matter, these reports
state that it will be but a short time
til tbe wedding bells will ring. At
present tbe doctor is sbariug tbe rooms
with bis pharmacist, but whether this
is meant for a bluff or not we should
not like to abuse the doctor's confi
dence by saying. One thing could be
said, however, without betraying a
trust. That is, that tbe doctor has
often been seen looking off towards
Atbena with a far away expression in
his eyes.. P. S. If you bave any extra
cans laying abont the place don't
throw them away for they might be
needed."
Cloudburst at Heppner.
At 3 o'clock Mondav afternoon n
cloudburst wbioh ooourred near Hep
pner, Ore., threatened for a time to
destroy tbe town, a wall of 13 feet cf
muddy water being precipitated into
what is known as Dry Creek canyon,
whiob it followed until the town was
reaohed, then turned and followed tbe
main channel. The flood struck the
upper end of tbe t6wn and oompetely
inundated the home of Judge Ayers,
filling tbe first floor with two feet of
mud and water. The city eleotrio
power plant was carried away and
the town is in total darkness. Houses
iu the path of tbe deluge were oarried
from their foundations and as many as
20 houses were considerably damaged
Dytne muddy water, which filled them.
As far as has been learned no lives
were lost, but a number of people are
reported injured by the rusd of Waters.
HUFFMAN TACKLES NEAR BEER
The "Feather" Beverage Plays Hiirh
Jinks With Pendleton Boozers.
Editor Huffman of the East Oreggj)
ian is still scrapping. Now it's near
beer. Tbe drinking of "feathers" at
Pendleton appears to be pretty "near"
to the real thing, and Huffman t calls
attention to the nearness as follows:
"It is evident from the aotions of a
numbor of the drinkers of the stuff in
this city on Saturday that the alleged
"near beer" being sold by a number
of foimer saloon men at their old
stands, is too "near beer" to puss the
test of tbe prohibition law and ' there
will be a wholesale cleaning out of
these soft drink places if tbe law is
not observed.
"The people cannot and will not be
fooled. They know as much as the sa
loon men and they have voted prohibi
tion on Umatilla oounty and it is safe
to say if tbe law is violated that some
body will suffer for it.
Judging from tbe heavy prohibition
vote in tbis county tbe people mean
business. It is safe to say that if the
issue were to be voted today it would
carry by a majority of at least 1500
instead of 700.
"If tbe law enforcement league re
cently organized to holp the officials
enforoe the law, mean business, it
Will bave chemical tests of tbe alleged
near beer" mado to satisfy a numbor
of people who will have to bo "Bbown"
before they can believe that it is only
"near beor"
"A law is a law and in the East Ore
gouian's old-fashioued a way, a law
means what it says. rlhe prohibition
law prohibits tbe sule of intoxicating
liquors and tbis means all intoxicating
liquors.
"Let us give this matter a fair test.
Tbo people have decreed it. .And if
the people mean business it will be
easy to apprehend tbe culprits. The
people are not viudictive and do not
want to force tbe saloon men entirely
out of the county and state, but there
must be law observance."
TAYLOR BRINGS DAMAGE SUIT
.
Sues Isabel Taylor, John Bannister
and R. J. Boddy for $59,000.
Moses Taylor has employed Raley,
Richards & Raloy and ontered a suit for
$59,000 damuacs aatiiiiHt bin former
wife Isabel Taylor, John Bannister
and R. J. Boddy. Tbo suit is the re
sult of Taylor's conviction on. tbe
charge of arson.
He alleges that for the purpose of
injuring bim John Bannister, Isubol
Taylor, his former wife, and R. J.
Boddy, conspired to lay tbe plot at
his door. In carrying out their soheme
he alleges they induced MoGratb aud
Palmer to take part aud later to testify
against him to bis conviotiou.
As a result of their alleged actions
Taylor holds that be is entitled to
$50,000 damages for tbe personal in
jury wbioh be sustained and also for
$9000 actnal damages incurred atfa '
result of his prosecution.
Religion Sent Him Back.
Thomas McCarthy, agod 40yeais for
whose capture tbe warden of Indiana
state prison here has bad a reward
standing for three years, returned to
prison voluntarily aud gave himself up
with tbe prospect of serving 12 more t
years unless tne governor s paroio i.otiy
should release him sooner. In 1905
McCarthy esoaped after having beerr .
paroled. He went to the Paciilo poast '
and after leading a precarious exrwt-
euce be joined tbe Salvation Army at
Yakima, Wash. His conscience,
troubled him and after he had earned
enough monoy be started back to pri
son paying all his own expenses.