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
(