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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Sept. 3, 1907)
JOXIGHT AND WEDNESDAY. A IL Y CAPITAL JOURNAL I BALBM, OREGON, TUKSDAY, HKiTEMMKK , 1007. NO. SOI. .XTH. 4 tATH CLAIMS A NOBLE MAN u.i fcferendum Wins-Must Be Submitted to People DDE IMLDO IS DEAD IB TOMORROW iM at Lake Pamella He Is tyrbd Out On a Stretcher by fluJsaiid Passed Away in the iHwie Where He Was Born Mjtffuldolsdead. Such is tho Irooght here yesterday aiter itj as the news sproad .t . .11.. iL.n bmahA It M I l AHflll I HtltMCU) luuru wuiu uuiiii ;lou of regret and a fooling jasnit loss. While It was known lie Judge was very sick, hIB w not expected, especially ns rtparti from his bedside had nthr encouraging. Ho pnBscd ii about 5 o'clock last evon- it Hi home la tho Waldo Hills. Wp Waldo for many years has telle habit of spending sovor- rliexery suraraer In the nioun ud of later years Iibb taken it:; at Lake Pamolla. Ho r his accustomed trip a few K, and the attack en mo on lie mountains that resulted ML He was camped nt tho iieapany with George Down- i couple of young men from Two weeks bko Saturday. !PS fe'lows having deter "Kitscend Mt. Jefferson, start- irlp from tho camn. Judco lttompanyIne them. Mr. NfWed to dissuade him, Jn- Ms not making tho nt- tathe Judge was determined, U wanted to exorclso nnd K his lungs, and started on ?fcTDe party mado timber lino "J. "taping on a bleak nnd $ ridge. In tho mnmlnc tye complained of feolintr hn.i. jj ftr describing the roulo ?oang men, told them ho T!t tt tho camp for them. "It grew WfirRn nn.l ol.l " tonus camD. Mr nnwnin Jirtowcre moving tho -ps, found tho Judge ri we trail about three- Z, from can,P. nnd ac- him back. Mnn,1nv , ESSI Mr-Down,n told Mm ... lUKCII OUt. E"lecouldaotrldo,nop , "neqt &J212F- -trt caznped at tt, ii. ....... ' Jtif,-1 . B ,une vojun- hat. . ... , uay mrnlng tie, ,Delt.car. ,. ng Intensely he born Miss CInra Humason, of The Dallo3, nnd sho with tholr daughter, Edith II. a slater Mrs. Mary P. Logan, of Seattle, and a brother, William Wal do, of this city, Burvlvo him. No hurriedly written tribute to Judge Waldo can convey the measure of tho man. His earlier days were passed amid the slmplo scenes cf pioneer dayH. He grow up In touch with nature, nnd ho grew great and strong and firm; a man such as na ture's teachings molds. To him tho mountains with their purpling can yons and glittering biiow peaks wero a book to which there was no ond. The beauty of the hills wns n sermon, tho whispering trees a prayer, tho mountain streams Bongs of gladness nnd hymns of pence. The forest was his temple, and there he worshipped. Ho was of a retiring disposition, al most to shyness, but onco known, bo was a most delightful companion. An omnivorous render, a closo ob server, and, with a romarkable mem ory, thoro was a charm about his conversation, an nttroctlvo gentleness In his personality thnt are lndescrlb- nble, hut onco experienced can never bo forgotten. Ho took a keen Inter ost in farming, and wns a lender In Grnngo work. It Beoms peculiarly fit ting thnt his death should come at the old homestead .among the hills he loved, nnd that tlio Inst tribute of affection should bo tendered by tho slmplo, sturdy fnrmer folk ho loved so well, In tho llttlo Grnngo hnll near his homo. Ex-Justlco Lord, with whom Judge Waldo was associated on the su premo bench for bIx years, was much moved on learning of his death, nnd spoko of him In tonus of tho hlghett prnUo and warmest friendship. "Ho was a man of Bplondld legal nttnln mentB, a fine practical lawyer, an ludofatlgablo student, and possessed u remarkably flno judicial mind. Ho seemed to possoss tho facility of pen etrating into tho motives of men, cf weighing, balancing and sorting tho facts In tho caso, and of almost In vnrlobly reaching a right conclu sion. I think," said Judgo Lord, "ho had tho loftiest Ideas of duty nnd tho highest conception, especially of official duty, of any man I over mot. Ho was as strong In his political be liefs ns in other things, but was a judgo impartial, conBcionttouB, up right, unbiased and generally be loved by ovory mombor of tho bar that camo In contnet with him. His death I feel as a personal lo&s and indeed tho stnto has lost a loyal cltl zen, and ono who served her honest ly nnd well." SUIT TO DISSOLVE STANDARD A SHOWER OP TOADS. Lewiston, Idaho, Visited by Peculiar Storm. GREAT TRUST CASE Rockefeller, Rogers, Payne, Flagler and Other Millionaires and Seventy Corporations Charged With Con stituting o Monopoly In Restraint of Trade Wlerotan. "rg,jr ne ' ft ft. .. .' 0D(1 ""complain- - fiuuueu a wt 2 0.cI( das. hD j... lUnat' " vu.uarness com iitoJ stoadtly " HULI -' A'.l. JSVkw'darkn Tltr 7c e breaklng of V Detroit at s nornt rl,i.VaM cloay, to i f ?nd arrived teb Jrk her husband to Me ,:rf th0tory U MURDER HELPLESS HEBREWS bi..j i. . ". t't.t... lapi words jUdgQ l.j ' .cut JlaMonw . .RT P o ..8,0rn,B at 10 kn Taetery hem , LearM Ute ftT,, vaWowa the .Tliti. r:" unatl tt VTald on O Ulll- ',f!,luated irom U ..'' " 1863 nn.1 IkWllM.,.: """ - warn -j. . km ---v, aun r,nl870. In . w tha .. U II I 14 III U !l ;IU Tew. retiring Odessa, Sept. 3. Slaying nnd wounding dofonsoleBs Jews contin ued today. In tho Ghetto Hebrews wero hunted down everywhere, and shots wero heard continually, as tho police had given tho Jow-balters free roln. Mobs marched tho street, fir ing at random at windows and doors, and n reign of t rror prevails. Ru mors are In curctlatlon that the sol diers are to be turned looso to com plete the work of decimating the Jews begun by the black hundreds. WRECK 0N! CANADIAN PACIFIC Orangovlllo, Ont., Sept. 3. A Ca nadian Pacific train, carrying over 300 passengers, bound for the Tor onto Exhibition, was wrecked at Horseshoo Falls, nine miles south of here. Six wero killed and over 250 hurt. o Chicago (Markets. Chicago, Sept. 3. Wheat 9794 r,W at vn ., " corn B9 CO, oats 50 l Portland; 51. Now York, Sept. 3. Taking of testimony nnd tho examination of witnesses In tho govornnicnt's Bult ngnlnst tho Stnndnrd Oil company commenced before Special Master Franklin Forrlss, of St. Louis, nt 10 o'clock this morning In room 43 of tho general postofllco building. Le gal authorities agree that the caso, v.'hlch involves tho dissolution of tho Standard Oil company, Is tho most Important In the history of trust liti gation. Tho suit was Instigated by direc tion of Attorney General Donnpnrto ngainst John D. Rockofollor, William Rockefeller, Honry II. Rogers, Henry M. Flagler, John D. Archbold, Chas. M. Pratt, Ollvor II. Payne, tho Stand ard Oil company of Now Jcrsoy nnd 70 othor corporations nnd copartner ships, charged with having vlolntcd tho Sherman antl-truBt law. Tho govornmont alleges that tho defend ants constitute a gigantic monopoly in restraint of trade and seeks to dis solve tho nllogod unlawful combina tion. Formor Judgo Franklin Forrlss, who Is sitting as special mastor to hear evldonco In tho enso, Is ono of tho leading members of tho St. Louis bar and was gonornl counsol for tho Louisiana Purchnso exposition. His appointment mot with tho approval of counsol for both sides, his deci sions whllo on the Missouri state cir cuit bench having won for him an enviablo reputation for Justness, fair ness and legal ncumon. When asked as to how long tho hearing would probably last and an to In what cities It would bo hold, Judgo Forrlss rofused to venturo an opinion, moroly stating that testi mony would bo taken In vnrlous cities through tho country. Now York as tho place of holding tho Initial hearing wns agreed upon by lawyers representing tho opposing In terests In tho suit. Several leading officials of tho Standard Oil company, Including possible JohnD. Rocko foller, will bo called upon to testify. F. B. Kellog, of St. Paul, who has been acting for the government ns special attorney In both tho Stand ard Oil and Harrlman Investigations, Is tho chief counsol for tho govern ment and tho right hand man of At torney General Bonnparto. Ho la asslted by Assistant Attorney General Milton D. Purdy, United States Dis trict Attorney Harry W. Blodgett of St. Louis, Special Counsel C. B. Mor rison of Chicago and C. A. Severance of St.Paul. A notable array of legal talent has been employed by tho Standard Oil company and othor defendants to represent their interests In this and futuro hearings of the caso. Among those who have been retained by tho "oil trust" are John D. Johnson, ex Judge H. S. Priest and George W. Wlnstead of St. Louis," J, G. John son of Philadelphia, W. I Lewis, M. F. Elliott Martin and John G. Mil burn of New York, Greer, Minot and Miller of Beaumont, Tex.; Mackenzie and Weadock of Lima, 0 W. J. Mc KIo of Corslcana, Tex.; and Henry T. Rogers, D. B. Ellis, Horace N. Hawkins and Lucius M. Cuthbert of Denver, Colo. Lewiston, Idaho, S.pt. 1. Llkrt tho mythical city In tho fairy story, which was visited by showers of strange horned tonds, Lewiston was visited by a rain of small toads dur ing the recent storm. Beroro tho storm, not a toad was to bo found, but after tho rain censed tho walks wero covered with tho tiny amphibians. All over tho city, on tho business streets and up tho hill in tho residential sections thoy hopped around. Sidowalks in the business district wero so .covered by them that it was impossible to walk without trend ing upon tho llttlo nnimalB nnd rather than nttompt to dodgo them many porsons remained indoors. Attempts to sweep thorn from tho sidewalks wero dismal failures, for as fast as they wero Bwept Into tho street they would hop back, appar ently preferring the smooth, wot sur faco of the concrete. Whero thoy camo from and whith er they wont Is a mystery, but. many theories are offered ns to tholr ar rival. It is genrnly accepted that thoy wero swept from tho plateau north of tho city by tho high winds and carried until tho rain fell, when thoy wero dashed to tho ground. Color Is given to thU theory for many of tho toads wero Boon dead upon tho streets. Tho toads disap peared after tho rain as mysteriously ns thoyicamo, and 48 hours Inter not ono "could bo found. Tho thoory of their having rained down upn, tho -city la uphold by thn superintendent of tho stnto fish hatchery, who says ho has wit nessed Blmilnr occurences, where minnows wero carried in tho clouds fdr miles. PUT UP GREAT FIGHT KETCHEL ISA WINNER Joe Thomas Knocked Out Out Is Given An Ovation Dy the Crowd-Roche Says the Greatest Fight He Ever Refcrced i LOWER COURT REVERSED Supremo Court Says All Their Refer" endum Bills Must Be Submitted AVOID.. SUBSTITUTES WHAT YOU ASK FOR. .GET Tho supreme court today rovorsod all threo of the referendum ensot that camo before It, and In conse quence all the matters petitioned for will go- beforo the pooplo to bo voted upon. Tho suit of R. L. Stephens, sheriff of Multnomah county, was an Injunc tion restraining tho secrotary from placing tho matter concerning sher iffs, regulating their fees nnd regard ing the boarding of prisoners. The Injunction was allowed In tho lower court, Tho caso of John F. Logan to pro vont tho secretary submitting tho anti-pass bill, Injunction, also won In tho lower court. Both those cases woro reversed. Tho caso In which tho most Intor ost was taken was tho University of Oregon bill, granting tho University $260,000, $125,000 yearly. This the secretary refused to fila, and mandnmus proceedings wero brought, Tho Judgo In the lower court hold tho petitions defective, becauso they did not contain the title of tho bill. Tho supremo court held this re quirement was only an aid or guide, and was not mandatory. In tho first two easels the Injunctions wero brought on the grounds that tho warning clause was omitted. All these cases wero reversed, and will go to the peoplo for ratification or rejection. o Creek Chief Dead. Vlnlta, I. T Sept. 3. General Pleasant Porter, chief of the Creak Indians, and candidate for United States senator, when tho new state is formed, aged CC years, died here this morning, following a stroke of paralysis, Mety Tiger will succeed Porter as tho Creek chief. San Francisco, Sept. 3. Labor Day gave to tho world a now welter weight champion, and supplied ono of tho greatest fights In tho ring nn nnls of California. In the 32d round of a scheduled 45-round contest, un der Marquis of Queonsborry rules, nt Coffroth's Mission streot nrona yoB torday afternoon, Young Ketchol, of Butto, Mont., knocked out Champion Joo Thomas, of San Francisco, In tho presenco of 8000 peoplo. Not until tho champion had gono to tho floor. four times in quick succession did his sccondB throw up tho sponge. Thomas was bo badly punished that ho had to bo carried to his cornor, nnd It was eovoral minutes boforo ho oponcd his oyes nnd asked dazedly: "What Ib tho mattor?" Billy Rocho, roferco, Bummod It up accurately when ho said: "It was tho greatost fight I over reforoed. After tho lGth round it was either man's victory who had tho winning punch." Though tho bulk of tho monoy and 90 por cent of the rooting woro for tho nntlvo son, both before nnd dur ing tho fight, when It wnB ovor win ners and losors nllko Joined in threo thundorous cheers for the fallen Idol, for no man over put up a gamer fight than ho. "Tho best mnn won" whs his frnnk ncknowledgomcnt when tho brenth that had been pounded out of him enmo back. Iloxer Against Fighter. It was tho superior boxor agalnat tho superior fighter, with no nd vnntngo of gnmoness on olther side. Ketchol allowed tho greater endur ance a qunllty that stood him in good stead and enabled him to win from so clovor a man as his rival In two rounds oth 'r than tho deciding ono, tho crowd wnB lifted to Its feet by knockdowns. In jtho ICth Ketch ol landed a right and n loft swing on tho body nnd tho jaw that stretched Thomas flat on his back near tho Thomas showed signs of roturnlng strongth nnd answered to the callB. of his seconds to "buck up and box" so thnt tho suddonncss with which tho ond came in tho 3 2d took many by surprise, even thoso who renllzol that tho Callforntnn was up against a man who, for a figure of speech, would be dnngcroiiB on ono knoo. Thoy fiddled about, clinching nnd broaklng away. Thomas taking n loft on tho jaw that staggered him bnckward. Ketchol, seeing hla chance, rushed In nnd drovo him to tho ropeB, whero Joo tottorod,' to tho floor from a vicious loft In tho. stomach, followed by n terrific right cross on tho Jaw Kctchol's favorlto and now famous blow. Ho took all tho count tho rules allowed, and when ho got up It wnB plain that thc ond wna at hand. Ho was Mo longer nblo tonrotect hlB fnco or body, and threo times wont down under a rnln of right and left Bwings, tho last of which put him out so effectually that tho seconds mercifully tossed up tho Bpongo. ALTON MAY NOT GO FREE Chicago, Sept. 3. Immunity rany not bo granted to tho Alton, ns tho wishes of tho nttornoy-gonornl and tho department of jiiBtlco do not co-. Incldo with" tho desires of Judgo Lan dis, who today ordered tho grand jury to tnko a tcccbb until 10 a. m. Soptombor 24th, ponding 'the presen tation of certain additional facts to tho dopnrtmont. In asking for post ponomont SIiiib said: "In compliance, with suggestions of tho court the. tlmo to present tho grand jury con vened with tho facts and clrcum-. stances submitted to tho dopnrtmont, and I had expected to bo nblo to re port to tho court this morning Its vlows nnd finding thoroon, Rocontly, howovor, a situation has nrlson which, in my judgment, mnkoa It highly desirable that I hnvo tlmo to submit to tho department certain fncta and circumstances, In addition to thoso already nubmltted, nnd for thoso ronsons I requoet that further action bo postponed for threo or four weeks. " Tho requost wbh grunt ed. .Standard Trial Postponed. Now York, Sept. 3. Tho hearing Bchodulod for today in tho inquiry1 doslgncd to rovoko tho Standard's chartor In Now Joraoy, was post poned until Thursday. Counsol for tho Stnndnrd mndo tho request for delay beforo ncforoo For- . rlfl at St. Louis. This tiult Is n ")1- contor of tho ring, nnd It looked as nuy tho m08t j,I)0rtnnt ovor pros though everything wns over. But'ocutod In tho UnItod stttte3( Tno tho Callfornlnn was on his feet tjBI)OCn c, H 0 JfJ t, t ,, stttn(,nrd tho count of "four," and succeeded In of Now JorBOy aml ,t8 Bi,Hidlary com- keoplng nway until tho gong gavo ,mnlos "entered Into a conspiracy to him a vital rosplto. Ho camo up monopollzo and restrain commerco In groggy for tho 17th nnd, had tho potroloum and Its products In vloln- liutto boy pressed ills advantngo, in stead of pecking nway and clinching, tho fight might have ended then and there. Ketchol Almost Counted Out. In tho 27th a right cross to tho tlon of tho Sherman anti-trust law." -o-More Grnft ItcvcliitloiiH, Hnrrlsburg, Pa., Sept. 3. Revola, tlpns ovon more astounding than Hirmn nlrnmlv mmln In rntmvil in tlin jaw as thoy camo out of a clinch j BtatQ capltol graft aro oxpected when took Kotchel off his feot and sat him down with a hump. Hero ho dis played his wonderful coolness. With thousands of pooplo splitting tholr throats for Thomas, Kotchel deliber ately drow his knees up to his chin, clasped his hands around his shins and looked tho referee squuroly In tho eye, whllo that official, Hartlng, tho timekeeper, being unable to mako himself heard, stooped ovor him and went through tho panto mime of counting. At the -call of "nine" ho was up and backing away from a rush. Ho was doing "his dizzy best to cover up at the roJpes when tho gong saved him. Thomas had tho best of the next round; tho 29th waB no man's tho 30th was conceded to tho Callfornl an, and in tho 31st it was a tossup for honors. Downed Under Rata of Illqws. For the last half dozen rounds James M. Shumakor, formor super intendent of public buildings and grounds, Is placed on tho stand to lostlfy at tho trial this month. Shu makor declares ho will mnko a clean breast of tho affair and will Impli cate many "mon higher up." Died Prom Injuries. San Francisco, Sept. 3. John Peterson, who waB shot In the car riot, died this morning. o REFUSE SUBSTITUTES OR IMI TATIONSGET WHAT YOU ASK FOR. ' Dr. J. F. COOK TIIH N nOTANIOAL DOCTOR, HOW TO S18 LIBKRTY 0TRBBT VOK ANY DUttCAM) CALL ON DR. '.COOK. OOWWWATKm HUES. M 1 til Si KP J' II (