"' .-- Il . .. . . w .. -HAisoaBa. t . , I .... . . i Ok XXI. 8AXEM, OREGON, TUESDAY1. MAY 9, 1011. NO. 110. i ,1AY0R VETOES PURCHASE OF PLANT CITY CANNOT BUY THE WATER WORKS .MAYOR TURNS SIX COUNCILMAN RACK HIM ACTION A GREAT SURPRISE Councilman Durbin Has Chance for the Mayor" Business Men Generally Are Not Vocif erous in the Chorus Action Considered a Hard Blow to the City's Progress The Question Now Before the People Is "What Is the Next Move Toward City Owning Its Water System?" Declaring that after a considera tion of the reports relating to the purchase by the city, of the water plant of the Salem Water company, that he had reached the conclusion that the price asked for the plant was excessive, and that the plant In Its present condition was inadequate, Mayor Lachmund last evening ve toed the ordinance passed at a for mer session of the council and hav ing for its object the purchase of the plant and upon a vote being- taken Jon the question of the veto being up- iieiu it wa Busutiueu uy a vote or six to six. Sounds Senth Knell. Through all of the day a rumor had been prevalent that the mayor would veto the ordinance and from the start to the end of the session when the veto was submitted, the ex citement was intense. Despite the prslstency of the rumor, however, the councllmen who had labored for the passage of the ordinance in the first place declined to give credence to it. When the ordinance was passed a week ago moBt of the coun cllmen favoring its passage, had gone to the mayor and secured his views and he had assured them that if it came to a tie vote he would vote in favor of the ordinance. Having Implicit confidence in him, they brushed aside all rumors, and it was not until the cleric picked up the veto message and began to read It that they realized the truth of the rumor the full meaning of Coun cilman Durbin's remark when he en tered the council room that he "had come to preach the city's funeral ser mon or sing glory to God for the mayor," and also realized that with a single stroke of the pen the mayor had sounded the death knell for some time to come on the pure water campaign in the city of Salem. Hiisinoss Men Ignored. M. 0. Buren, president of the Board of Trade, and Theodore Roth, presi dent of the Business Men's league, fearing that the rumor would come true submitted a written communi cation to the clerk of the council and asked him to hand It to the mayor be fore the body convened. They asked in the communication that before the mayor veto the ordinance that he give the business men a hearing. The clerk handed the communication to the mayor Just before the council convened, and the next time It was heard from was after he had vetoed the ordinance when he asked If any one representing either organization was present and upon receiving no answer proceeded to put the veto to a vote. The vote was taken without dis cussion and was as follows: Durbin, Hill. Lafky, Moffltt, Eldridge and Pennbaker, aye; Hatch, Huckstein, Manning Sauter, White and Waring, no; I,owe and Elliott being absent. The Veto and Reasons For It "To the Common Council of the City of Salem. "Gentlemen: I herewith return Ordinance 882-930 with my veto,- ad vancing the following reasons there for: "At the outset I desire to state that I am an earnest advocate of municipal ownership of waterworks, but, after making a careful investiga tion of the reports covering the plant now owned by the Salem Water com pany. I have come to -the conclusion that the price asked Is excessive and furthermore considering its present condition and Inadequacy, It is my belief that the taking over of this property by the city would not be Justified. From Investigations and informa tion derived from numerous sources the company's present mains and connections are totally inadequate to furnish a sufficient supply of wa ter during the summer months and were the city to take over by pur chase the existing water works, the first step would be the Installation of pipes of sufficient size to meet the requirements and demands of the en tire city. It would mean the prompt construction of a reservoir of triple the capacity of the present one and finally a modern filtration plant A bond Issue as contemplated of $400,000 would be but a beginning and before the plant could be brought up to date and sufficiently large to meet the requirements of the present and future, $1,000,000 or more would be invested, which Investment would then consist of a plant about one-half uoiete and one-hair modern. "The responsibility for the passing ot this ordinance seems to rest with IT DOWN HARD to Tune Up in "Glory to God my signature but after giving the subject my best attention and looking at it from every angle, I feel that I would be derelict in my duty to this city and its citizens by affixing my name thereto. "City taxes have reached a maxi mum and to Increase this burden would work an unnecessary hard ship upon a class least able to stand it. The city is making rapid strides along the lines of progresss and while the acquisition of the water works would be desirable. It is not absolutely necessary at this time. "I therefore return Ordinance No. 882-930 with my veto." There Was a Big Fight. Early in the day the secret got out that the mayor had decided to veto the ordinance purchasing the water plant. He was waited on by a num ber of prominent business men but all found that his mind was made up and closed to argument. All efforts to get the mayor into conference with progressive and disinterested property owners who have staked - their for tunes on the improvement of the city men who put their money into the new Marlon hotel, men who have paved streets and built and maintain beautiful homes were unavailing. His headquarters were in the back room of the cigar store and all who wanted to see him had to go there. He was closely watched und later was taken in charge by a promi nent attorney until he went home and could not be seen again until the council met. Representatives of the water company were barred from access to the mayor, who had a long conference with his man agers at the Marlon hotel barroom. A few business men of the city then asked the mayor to take the full 10 days as he said originally he would when he approached them and asked their help to get the 'council to pass the ordinance. A communication signed by the president of the Boaxd of Trade and the Busines s Men's League was sent to him asking that he defer action until the business men and property owners of the city could have a chance to express themselves. But with eight votes in the city council and almost unani mous sentiment among the business men of the city no hearing would be granted. YYImt Will He Done Next The situation as it now stands is complex. The charter lias been amended for public ownership and a bond issue of $400,000 authorized. The bonds have been sold once and there were eight bidders, the highest offering a premium of $2G,000. The same firm stands ready to take the bonds again. There Is now no prop osition before the city council to buy the plant. The water board of four men who were elected under the Rogers .administration will probably resign. The reactionaries propose to Invoke the aid of the railroad com mission under the public utilities act to make the water company extend Its mains and put In pure water. This idea is championed by Alder man Lafky and Durbin and the mayor. The water company has in corporated in Arizona and will prob ably take its property off the mar ket, as it has never been offered for sale to anyone but the city, and pre pare for litigation. o IN INTEREST OF PAROLED PRISONERS With the view of launching a state-wide movement having for its object the assisting of paroled pris oners from the state prison In secur ing employment In the midst of prop er environments Rev Bauer, chaplain at the state penitentiary, will leave for a tour of the state tomorrow, and during it he hopes to effect organiza tion In most of the smaller towns, which will co-operate with the Prison Aid Association. The Prison Aid Association main tains headquarters in Portland. While organized three years ago, it has not been active, but as soon as the new parole law goes into effect there will be about 100 prisoners in j the state prison entitled to clemency, "Hands Off" His Policy. r Washington, May 9. PresI- dent Taft's determination to maintain his "hands off" policy in the Mexican revolution was only strengthened by a cabinet meeting here today, which dis- cussed the occurrences along the border. The White House gets duplicates of everything re- ceived on the subject by the war department. The president has determined that the whole action of the government at this time shall be to use the army to keep Americans away from the bor- der and out of the zones of fire. and that will give the association a field to work in. The association, as it now exists. Is not strong enough to properly care for these paroled prisoners, and it is to increase strength so that it will be, that it Is proposed to organize all minor associations. The plan will be to parole the prisoners to these minor associations, and to have them secure employment for and keep in touch with them. The movement will effect the stopping of the migration of prisoners to Portland as soon as they are paroled, and surrounding : them with environments which, will j tend toward their reformation. o ' WOODBURN LIQUOR TROUBLE KEEPS UP ' Another chapter' was written in the war waged by a certain prohi bition element In Woodburn against the Bachelor's Club of that place, when Night Patrolman McMorris was haled before Justice Crlttendon, of Hubbard, Saturday, and fined the sum of $10 for assaulting members of the club. McMorris' offense consisted in stopping members on the street, ar resting and searching them. A war rant was sworn out for his arrest Friday, and he signified his intention of pleading not guilty, but, upon a second thought decided to enter a plea of guilty, with the result of the above fine being imposed. He failed to find anything in the way of intoxicating liquors upon the persons of the members searched. So far in the battle being waged the club has played a winning handt. BOARD OF EDUCATION SUPERINTENDENT SMITH NAMES' THE BOARD FOR THE COUN. TV, WHICH, IX TURN, WILL APPPOINT SUPERVISORS UN DER THE LAW EFFECTIVE MAV 20. In compliance with a law passed at the session of the last legislature, authorizing tbe creation of a county educational board In every county In the state having more than 60 school districts, County Superintendent Smith today appointed L. S. Lam bert, of Stayton,; J. M. Poorman, of Woodburn; E. E .Shields, of Ger vals and A. W, Mlze, of Liberty, as members of the board. The law provides that on the first Monday of June the board shall hold Its first regular meeting and organize by electing one of the members as secretary and then proceed to divide the districts of the county, save the districts of the first-class, Into su pervisory districts, but no super visory district shall contain les than 20 nor more than 50 school districts. After the creation of the districts the board shall employ supervisors who shall be engaged for not less than 10 months of the year, and whose salary shall not exceed $100 a month. The board, besides making rules and reg ulations for the work of the super visors, shall act as an advisory board to the county school superintendent, and assist him in holding educational meetings throughout the county. The members of the board get no compensation, but are allowed trav eling expenses not to exceed' $25. Duties of Supervisors. The duties of the supervisors shall be to work under the superintend ent, and attend all meetings he shall call: to supervise the schools of the district for which he Is employed; to enforce the course of study pre scribed by the board: to make a writ ten report at the end of each month to the county school superintendent upon the conditions of the schools. To be eligible to be appointed he must have a teacher's certificate from this state and must have taught In Its schools for at least nine months. Cnunty Superintendent Smith Is ' made exofflcio chairman ' of the county educational board, ' Tbe law goes Into effect May 20. i Fired for Vnionism. Washington, D. C, May 9. Straight admission that postal clerks had been dismissed from the service of the United States solely because they had been active in forming a union was 4 made here today by Second As- sistant Postmaster-General Stew- art before the bouse committee on civil Bervlce reform. Stewart's , admission came with especial reference to the cases of Clerk Van Dyke and Duff. He testified that both were good clerks, and said' they were dismissed only because of their "pernicious activity" In promoting the postal employes' union. TIA JMA CAPTURED BY REBELS Citizens of Little Town Put Up Heroic Defense, But the For tunes of WarWere Against Them, and They Had to Sur render. AMMUNITION EXHAUSTED Americans Who Saw the Battle Kay They Displayed Splendid Courage and Added a Bright Page to the I History of Lower- California "Aunf Jane" Xed Never Feel Ashamed of Her Boys, Who De fended Her to the Last. Tla Juana, taken by the Mex- lean rebels this morning, is a small Mexican town just over the line, about 18 miles from San Diego. Several trains take hundreds of tourists there al- most every day. Its principal Industry has been selling curios to the tourists. Tia Juana Is Spanish for "Aunt Jane." Made Great Fight. -San Diego, Cal., May 9. The mem bers of Little Landers colony, a mile across the valley on the American side, were interested spectators of the whole battle of Tia Juana, from the approach of the insurrectos yes terday afternoon to the termination of the fight this morning. William E. Smythe, who is one of the found ers of the colony, and who saw the battle, said: "Whatever the merits of the strugr gle tn Mexico, the resistance offered by the men of Tia Juana was worthy of all praise. Thpy were fighting for i their homos, and they displayed mag nificent courage as long as their am munition lasted. Few realize what a frightful strain the people of Tla Juana have undergone for months, moving their women and children across the border night after night, while the men kept up their weary vigil.. "When the great moment came the defenders" proved to ba heroes. The fortunes of war were against them, but tliey added a bright page to the history of Lower California.'' ARRANGING FOR CONCERTS THIS SUMMER i PLAN IS TO HAVE AT LEAST THIRTY ALTERNATELY AT WILLKON AVENUE AND MA. RION SQUARE EVERY CITI ZEN MIOUI.D ASSIST IN THE GOOD CAUSE. The Salem band boys and the Board of Trade are trying to raise a fund to maintain concerts here dur ing the summer months. This Is a worthy undertaking, and should be supported liberally by Salem people, not only the business men, but by ev ery person who enjoys the concerts. The plan l to give 30 concerts with not less than. 15 musicians at each concert, the concerts to be held In Willson avenue and Marlon square, alternately. It will take $1500 to give these 30 concerts, which Is a very reasonable price for the work the men do. Band music In any city, on certain afternoons or ev enings, is a great attri ctlon. and if each person who hag the pleasure of MEXICANS FIGHTING REAL BATTLE AT LEAST 400 HILLED OR IVOUIED Jury Must Decide. Hayward, Wis., May 9. On the ground that the crime had not been proved, John Dletz, who is on trial here for the mur- der of Deputy Sheriff Oscar Harp, moved today that the court dismiss the oase. The motion was overruled by Judge Reld, who declared that the Jury must decide the case on Its merits. Dletz then asked that the case be taken from tbe Jury, be- cause he did not want to see its memgers persecuted by the lum- members persecuted by the lum- denied. 4 enjoying this music would gl?e only 10 cent 8 a concert, or $3.00 for the 30, it would raise a fund whereby a splendid band could be maintained. The boys are doing their best to get around between working hours and see the business men, but it is almost impossible for them to see everybody. All money subscribed and paid in is turned over to Chaun cey Bishop, who is head of the com mittee. Anybody interested in the band and these concerts (and every body should be interested in them) is invited to leave whatever amount of money they wish to give, no mat ter how small or how large, with Mr. Bishop at the Woolen Mill Store or at the Capital Journal office. Money so left will be placdd in the proper hands. CHILD KILLED BEFORE THROWN IN CANAL UNITED PMBB LURID WIBS.J Chicago, May 9. Indications that Uttte Elsie Paroubeck, 4, for whom 250,000 school children have been searching for months, was slain be fore the body was found in tha drainage canal at Lockport, 111., wag found today in a cursory examination of her remains. There was no water in the lungs. The child disappeared a month ago, and the body was found last night. The father of Elsie maintains that she was kidnaped by gypsies, and was murdered when the police got on their trail. TO DIG THE CANAL AT SEATTLE UNITED I'EKSH LEASED Willi!. Seattle, Wash., May 9. King county commlssliners have guarded the federal government against pos sible damage claims from property owners as the result of the eight-foot lowering of the waters If Lake Wash ington In construction of a canal to tho bay. The latest obstacle Is thereby removed, and It. Is expected work will begin sTon. The canal will transform the Immense interior lake Into a harbor of superior protection, and great Industrial development Is promised to follow. Seattle bus bet-a fighting lit the canal for 20 years. When nil arrange ments seemed to hnve been perfected the government objected that It might be held liable for property damages, and that the supreme court might set aside a county bond Issue, if the present issue Is declared 'in valid. Two hundred citizens, headed by former United' States Senator Plies, In flu (need the commissioners t: as sume responsibility, so that canal construction might start. rit()( I.AI.HS SI'MMV AS "MOTIIKKS' DAY" Governor West today Issued a proclamation designating and set ting aside next Sunday May 14 as "Mother's liny" and recommend ing Its observation throughout the state. The governor In his proclamation suggests that wherever possible It be observed with exercises In har mony with the spirit of the day; that white tarnations und white badges be worn and that all flags be flown on public buildings. The day has grown much In favor In recent years and extensive prepar ations are being made for Its obser vance in the churches of this city. BUK MASKED HAXDITS AfiAIS IV KVIDKVCK fPNITKD ,'BHIH l.ntHKD WIR1.) I.OB Angeles, Cal.. May 9. The "blue mask bandits" again were In evidence early today, making an unsuccessful attempt to hold up a down town drug store owned by Fred C. Kruell. Kruell who was behind the counter when the men entered, ducked down and ran out a back door calling for help. The robbers fled. FIGHTING IS DESPERATE i DOT REDELS STEADILY GAIN--RE INFORCEMENTS ARRIVE Everything Points to a Great R ebel Victory, But Whatever the Result the City Is Practically in Ruins From Fierce Can nonadingHundreds of Non-Combatants Fled Across the Line, and at Least Three American Citizens Have Been Killed in El Paso by Flying Bullets. ' UNITID PRESS LURID WIH. El Paso, Tex., May 9. Fighting , witn aesepration, the federal garri son of Juarez was still holding out , this afternoon at 1:30 o'clock their rifles and quick flrers spitting vic iously from behind breastworks on the roofs of the Church of Our Lady 'of Guadeloupe, the Juarez Jail and the adobe houses nearby. It Is estimated seml-oflictally that there are between 300 and 400 dead and wounded on both sides. The gambling rooms of Juarez are filled with the wounded and the dead lie unburled In the streets, while over their bodies sing the bullets fired In such a fight as few Americans thought would be ever seen In the Madero rebellion. Early this afternoon 400 rebel re inforcements arrived at Juarez, They took the place of Colonel Garibaldi's force, which includes a great many Americans. It had been forced , to retire from the fighting line to re plenish its, exhausted stock of. am munition. Garibaldi, when his troops fell back, declared that only one American, a man named Kelly, had been slain tn his command, At 10:45 o'clock the fate of Juarez was still undecided. Hundreds of rebels and swarmed Into the city and were storming the barricades and trenches In the streets, behind which the remnant of the federals still fought on with the desperation of despair. Federals Fight Wickedly. The federals still held the Jail, the main customs house and the cathedral, and from the top of the Jail their guns poured shells along the streets taken by the rebels and Into Cowboy park, which since early morning had sheltered a force of the attackers. There was a great exodus of the residents of Juarez this morning when it appeared that the city would be wrecked by cannon fire. Throngs of men, women and children rushed to the International border, fleeing for their lives to American territory. They were allowed to come In with out question, but neither rebels nor federal soldiers were allowed to cross, even the wounded being turnd back by the American troops on patrol. Additional American troops which arrived here this morning are close ly guarding the river bank and forc ing the people from the zone of fire along the river. Despite repeated complaints by tho American officers in charge, bullets are still raining into the heart of El CA LIKORN'IA CHERRIES HRIXG. GREAT PRICK Sacramento, Cal., May 9. The de mand for early California fruit In tho East Is shown by the Information re ceived hero today that $20 a box had been paid for a consignment of Sacramento valley early cherries In the New York market. The fruit was shipped by tho Pacific Fruit Ex change. The standard price for Cal ifornia cherries In mid-season Is $1.50 per box. Tho price received in Chl cngr for a consignment of the sume nature was $10 a box. o The reason why some women never grow old Is because they never ar rive at the age of discretion. SAYS NO REBEL SUCCESSES CAN MOVE HIM (I'NITKO l'IU;H i.kaw:i HIIIK Mexico City, May It. Jose Yves Llmaatour, minister of finance, Is sued a statement hr today on the revolution In which he Indicated that no rebel successes will move Presi dent Diaz to any Immediate resig nation. "The government,'' he said, "hpes for the best, and considers President Diaz's manifesto the final step to be taken on Its part. It Is hoped that tho pople will accept It as conclusive, and that peace will be restored." It Is reported here that the rebels will attack Cuernavaca this afternoon Twelve American citizens are still there. I Paso, and it is rported that a num- ' V. M 1 I - i i, 1 uur ul AuiuritauB are cuuBiauuy lur ing hit Mill Fight to tbe Last Juarez has not yet surrendered, and General Navarro, the federal commander, says be will never do so, but will fight to the last trench, and with his last man. Notwithstanding this defiance, thai rebel officers declare that many fed- eral troops have abandoned the city and that all the federal guns except those on the Jail have been silenced by the fire of the Insurrectos. Whether or not the rebels ultl jmately triumph, there is no doubt that the result of the day's fighting will leave Juarez, a mass of ruins. The casualties on the American side of the line were as follows: The dead: Vlncente Pasedes, killed at Fifth and El Paso streets. . R. H. Ferguson, Troop F, Third Cavalry, San Francisco. i W. D. Chandler, cattle man, Dun can, Ariz.; shot through the heart Antonio Garcia. The wounded: Mrs. Joseph. Morehead.. shot la arm and body. . Edmund Heaton,. Nebraska; shot In leg. Luis Vlllalobos, El Paso; shot la log. Mrs. Macedonia Garcia, shot in shoulder. O. W. Stlth, shot In body. It Is known that there are at least 12 persons dead in Juarez and the list Is reported to be as high as 60. One command of the Insurgents Is reported to have been annlhllatd near "Peace Grove" by a federal discharge of shrapnel). It is believed that the wounded will exceed 100 on each side. Death List Large, El Paso, Tex,, May 9. Fifteen Americans were killed and 1G0 in surgents were killed and wounded in today's fighting at Juarez, according to Emll.lo Garcia and an American named Cassldy, who came here this afternoon to secure supplies for the rebel army. The federal losses were said to greatly outnumber the rebel casualties. "I counted 47 dead federals In ona street a nd 38 In another," said Cas sldy. "Most of them were stripped of their clothing and weapons. Villa real, with 500 men and two pieces of artillery, one of which Is 00, the brass cannon stolon from the EI Paso public square a few weeks ago, are now fighting with Madero." HOUND STEAMER IU RNS; MAN I1URNS WITH HER UNITED I'DKBH LEASED WI1IO Everett, AVash., May 9. Caught In the hold of tho old wooden steamer Whldby, which plied botween Everett and Seattle, Fireman Joseph. Parker, of Seattle, and Manuel Sllva, a dock laborer, perished this morning when the vesw-1 burned at her bith at Oak Harbor on Camano Island. The steamer was an oil burner. Half an hour after the blaze was dis covered tho cabins were aflame, the tanks exploded and all hope of saving the hulk was gono. The Whldby was owned by the Island Transportation company. She was Insured for $43,000. thyix; 10 M A K K EMPLOY KM STAN D LOSS IlINfTED PRKHS ICAtiD WIRE. Onklund, Calif.. May 9. Work at the California cotton mills was prac tically suspended today when 250 employes, mostly women and child ren, quit because notice had been served upon them that their wages were to be reduced 10 per cent. Of ficers of the company attributed the cut to the new 8-hour law for women, declaring that they could not afford to pay the same wages for eight hours work as they had paid for a nine-hour day. BATTUVH Vi:i,SOV TO FKJHT AT VAM'OFYEll usitcd rats LEASBD WIKR.) San Francisco. May 9. In a letter from Hot Springs, Arkansas, to a local sporting writer, Hattllng Nel son announced today that his next match in his "come back" effort would be at Vancouver. Washington, July 4. "Bud" Anderson will bathe Rattler's opponent i V :! j... f t i I r 1 : U