U011TEIL
VOL. XXI.
SALEM, OREGOX, MOXDAV, JULY 10, 1911.
XO. 163.
THE OMEGOfJ
TO ALBANY BEGINNING
STATEMENT IS POSITIVE
RIGHT OF WAY TROUBLES
MAY CAUSE CHANGE OF ROUTE
Harrison Allen, General Attorney for the Oregon Electric,
Gives Out This Information to Journal Reporter Today
Company Has Seven Routes Surveyed, and, Owing to Diffi
culties in Securing Right of Way, May Abandon the Route
Under the Bluff and Go Out High or Liberty streets Prop-
erty Owners Skeptical.
"There is no doubt about it," was
the reply given a reporter of The
Capital Journal this forenoon by
Harrison Allen, general counsel for
the Oregon Electric when asked if
the company would commence the
work of extending its road to Albany
by the first of the year, and this an
swers a question which the business
men and citizens of the city have
been asking themselves and each
other for the last half year.
Dirt to Fly.
"We may experience some delays
that we did not originally antici
pate," continued Mr. Allen, "but for
all that the work of building 'the
line to Albany will be under way by
the first of the year. By then the
dirt will be flying, and it ought to
be finished in the course of six
months. We estimate that it will
take that length of time to com
plete it, provided the weather Is fa
vorable, and, If it is not, then it may
take a little ' longer, but not much.
The fact that the work may be
started late in the fall will not make ,
any difference, because we will be'
able to go on with the work during
the winter. The Hillsboro line was
built in the winter season, and there ;
is no reason why railroad work
TO CUT OUT
TWO-THIRDS
PROVISION
CITY ATTOKXEY DRAWING AX
AMKXHMKXT TO THE CITY
CHAISTEK PROVIDING RONDS
CAX HE 1SSIEI) OX SIMPLE
MAJORITY YOTE.
Convinced, after two trials at it,
that the election on the question of
issuing bonds for the rebuilding
of the bridges in the city cannot be
carried as long as a two-thirds vote
is required, those back of the move
ment favoring the reconstruction of
the bridges now propose to carry
such an election by amending the
charter, ami the city attorney has
been instructed to draw up an ordi
nance calling an election for the
purpose, and present it to the coun
cil goon.
Twn-Tliinls Vote Too Much.
At both the prior elections there
was a majority vote in favor of issu
ing the bonds for the rebuilding of
the bridges, but when it same to a
two-thirds vote t e election was lost
by a narrow margin. Believing that
it is necessary for the welfare of the
city that the bridges be rebuilt those
favoring It will submit the question
to the peopler again soon but not on
the two-third plan, but by the major
ity plan, by means of an amendment
to the charter.
What the Plan Is.
This amendment to the charter
will authorize the council to issue
bonds for the rebuilding of the
bridges. As an amendment to the
charter only requires a majority
vote, the question of issuing the
bonds under this plan will require no
more, while should It be submitted
to the people at a special election,
as before, a two-thirds vote would be
necessary, and defeat would probably
again be the result.
Just how much the Issue will be
or the rate of Interest, are questions
which have not vet been determined.
ELECTRIC WILL BUILD
especially in the construction of elec
tric lines cannot be prosecuted with
vigor and dispatch in the section over
which the Oregon Electric proposes
to build a line In the winter season.
May Change Route.
"Well, the Oregon Electric may
change its route,", he replied when
Interrogated with reference to the de
lays ha had mentioned iro the fore
part of the interview, "we may not
follow the route along the river, but
seek another.
"We have seven routes surveyed
between here and Albany, and if it is
going to cost us top much money to
pass out over the route along the
river, we may abandon It altogether.
The Oregon Electric desires to pay a
fair compensation to every man for
his property, but It does not intend
to pay any fabulous prices. It in
tends to do that, and whenever I find
a piece of land where I think the
price is not right, I am going to
make It right.
Prices High.
"The company feels, however, that
the prices asked in many cases are
high. We have several cases in, the
courts, and we cannot say just when
we will go to trial on them, and
there seems to be no chance of com
promising any, save a small case.
"In taking the river route we
must pass through farming lands for
which a high price is asked, and it
may be that, rather than pay it, we
will change our route, and go out
through High street or Mill, and then
by the cemetery. By taking this
route we will avoid passing through
any of the property In the city along
the riverside, and also the farming
lands, but still be able to retain our
franchises on Front street, and make
use of them.
"This plan, however, is problem
atical it 13 but a projected plan,
and we cannot say just what we will
do. So far we have not paid much
money down on right, of way con
tracts, and we can well afford if we
have to pay fabulous prices for right
of ways along the river to abandon
that route, forfeit our contracts, and
take a route out on High street.
"Anyway,'' he concluded, we are
here to do what is fair with anyone,
and if we can get the land along th
river route at a reasonable price we
will take It, but If not, there is. like
ly to be a change of routes."
Xo Suits This Term.
While the Minto brothers were
very anxious to have their cases go
to trial this term of court, an amend
ed complaint has been filed in the
suit to condemn the Douglas Minto
(Continued oo pg 4.)
o
BALLOON RACE
STARTS FROM
KANSAS CITY
Kansas City, Mo., July 10. Swell
ing rapidly in a gentle breeze from
the southwest, seven big balloons are
being filled here today to take part
this afternoon in the national balloon
race of the Aero Club of America.
The inflation of the big gas bags be
gan at 10 o'clock this morning and
the start is expected to be made
about five p. m.
Entrants In the balloon race repre
sent St Louts, Topeka, Kansas City,
New York City and the United States
army, whose big balloon will be pilot
ed by Lieutenant Frank P. tahm.
The two balloons making the long-
WORK SOOIl
Twenty-Seven Drowned.
Saulte Ste Marie, Mich., July
10. According to the crew of
the steamer Matoa, arriving
here today, the steamer John
Mitchell, upbonnd, sank last
night oft Vermillion Point when
she collided with the steamer
William Mack. It is feared
that the Mitchell's crew of 20
and her seven passengers per-
Ished.
The Mack Is re-ported to be
lying today oft Vermillion.
point with her bow stove In
and her superstructure dam-
aged.
The Matoa reports passing
through the wreckage of the
Mitchell, which Included life
rafts and preservers. The
Mitchell was coal laden. Her
captain was John Massey.
est flights in today's race will repre
sent the United States in the Inter
national balloon race which also
starts from Kansas City, October 5.
The balloons, their pilots and their
crews follow:
No. 1, Kansas City; H. E. Honey
well, pilot; John Watts, aide.
No. 2. Miss Sophia; W. F. Assman,
pilot; Joseph O'Reilly.
No. 3, Topeka II.; J. F. Jacobs, pi
lot; R. E. Merson, aide.
No. 4, Million Club; John Barry,
pilot; Paul McCulIoch, aide.
No. 5, Buckeye; J. H. Wade, pilot;
R. H. Schock, aide.
No. 6, St. Louis IV.; Lieut. L. F.
Plahm pilot; J. H. Scott, aide.
No. 7, New York; C. B. Harmon,
pilot; Augustus Post, aide.
The balloons will make their ascen
sions in numerical order. The non
contestant balloon Missouri with J.
H. Culbert as pilot, will be the last
to ascend.
TWO PLEAD
NOT GUILTY
THREE WAIT
Out of five persons indicted by
the grand jury which completed its
labors Saturday afternon but two
were ready to plead' to the charge
preferred against them this morning
when arraigned before Judge Kelly
the remaining three availing them
selves of the statutory time in which
to enter their pleas.
Two Plead 'ot Gullly.
Both those pleading to the charges
contained In the Indictments pre
ferred against them pleaded not guil
ty. They were Williams Cussins and
H. Hunter. Cussins Is charged with
the crime of adujtery. The act is al
leged to have been committed with
Mrs. Curliss, wife of Geo. J. Curliss.
The husband followed the couple
from California, and after a diligent
search located them here by the aid
of the police. Carey Martin was ap
pointed to defend him.
Hunter Is charged with forging a
check on the United States National
Bank for the paltry sum of $9.fi0. He
is represented by Attorney Heltzel.
Three 'nt Ready (o Fiend.
A. H. Yoder, former principal of
the Woodburn school, and who Is
charged with assault and battery
upon the person of Llddy Shembeck,
a 14-year-old girl who was attending
the school of which he was the prin
cipal, appeared with his attorney,
Judge D'Arcy, who Informed the
court that the defendant would take
until tomorrow to plead.
B. Sato, the Japanese, who Is
charged with assault with a dead'y
, weapon upon another Japanese was
given until Friday morning in which
to plead. He is represented by At
torney Lord.
' Attorney Pogue of the law firm of
Kaiser & Pogue, was appointed to
defend Harry Jenson, Indicted for
stealing some carpenter tools, and
after a consultaion with him he asked
that he be given until tomorrow
'morning to plead and the request
waa granted.
Diet May Go Free.
Fon du Lac, Wis., July 10.
Prospect that John Dietz, "de-
fender of Cameron dam,' 'may
yet go free has brightened here
today. Chleif Justice WInslow,
of the Wisconsin superior curt,
has granted Dletza writ of er-
ror in the trial of his case for
the murder of Deputy Sheriff
Oscar Harp during one of the
battles at the Dietz home.
A bill of exceptions will be
submitted by Dietz's attorneys
at the January term of court,
and if a favorable decision is
given, the second trial of "the
defender" will come next May.
1ft
ci n cues
ITS LEAD
Defeats Senators by 5 to 4
Score in Good Game Sa
lem Hits Holmes Hard,
While Alle Fans Three in
Succession.
SALEM'S "CASEY AT BAT"
Senators Played Good Hull, Hut
Fell Down at Critical Moments,
Just From Hard Luck Wood
hum is at the Ton f the Column,
Hut No Team Has a Cinch on the
Pennniit, and the Fight for It
Will He a Hot One.
When the Senators are losing and
they drop to second place,
And the crowd Is yelling wildly for
the team to take a brace;
And when oii every other Sunday to
the league grounds we all
stray,
Just to see our team defeated, as we
had to yesterday;
And though Alle's pitchlng's perfect
and Jones work is splendid,
sure,
The visitors are winning and the
score is five to four,
Then's the time we want to grab
some one and knock him off
his pins
But just observe the difference when
the home team wins.
But yesterday the home team lost.
It was a good game, and a hard
fought one, and one run decided the
outcome. The Senators had batted
Holmes to a frazz'e, but were un
able to turn hits into runs Inciden
tally Right FNder Humphrey yes
terday won the cognomen of "Ca-y."
If ever the story told in the famous
baseball poem, "Casey at the Bat,"
was realistically , portrayed on a ball
ground it was done yesterday, when,
in Salem's half of the fifth, with three
men on bases, the score 4 to 3 in fa-
vor of Woodburn, and the crowd
holding Its breath watching the bats-
man Humphrey struck out.
Allegaert
rescue, and
however, came to the
n the next inning tied
the score,
Tha Woodburn bunch smarted off
with a winning streak, and at the
opening of the third inning the score
stood 4 to.l in the vls'tors' favor. In
the fourth' Porterfleld grounded to
right, and was out at first; McRay
sent a two-bagger to right field,,
Woodburn's right fielder muffing It;
Humphrey was out at first, Cernlk
flew to left, and McRay scored. Wood-
burn failed to score again in the
fifth. In Salem's half of the fifth
A'le sent a drive (o left, which
bounded by Hunt at third, Jerman
walked and Alle went to second.
Porterfleld got a free pass, one of
the ten successive "balls" which
Holmes handed out. Jones bunted
and Woodburn's shortBtop dropped
It; Alle scored and Jones reached
first. ThlH was a quick, close play,
and Salem was safe all around. Went
fanned, and McRay. the star batter,
stepped up to bat. He was put out on
a fly. The bases were full and Hum
phrey spat on the bat. Humphrey
performed the "Casey'.' act, and the
bags were empt'ed. but no score. -
IJOODBUilf
WITNESSES TELL STORY OF DEATH
Ifl MURDER TRIAL OF US. RUilALL
Want "Gift of Tongues."
Pittsburg, Pa., July 10,
Rolling In the straw and shriek-
Ing for a manifestation in the
form of the "gift of tongues,"
delegates to the Pentacostal
convention of the Holy Rollers
are in session here today. The
principal speaker today was
Rev. James Hebden, of Toron-
to. Delegates have come from
all over Canada and Mexico to
participate in the ceremonies.
Although none of the con-
verts have received the manl-
festatlon of the "gift of
tongues," they are persistent iu
their endeavor, and become
exhausted from the tempeiature
in the tent.
Sixth for Woodburn: White flow
to right and Colbath missed' It; Yar
row was caught out. Alle made a
quick double play to second here, but
the Senator's second baseman
muffed It. Alle touched White on
the line, putting him out. The bases
were full, but the next man up was
caught out at first. No score.
Sixth for Salem: West fanned,
Colbath ditto. Alle sent a three
bagger to left field, and It went
through the left fielder's hands; Jer
man put a one-bagger to right, and
Alle tied the score, 4 to 4.
No score in the seventh for Wood
burn. Alle, Porterfleld and Colbath
figured In a cNver double play in
this Inning. In the elgth inning for
Woodburn, Alio fanned three men in
quick succession, White, Yarrow and
Jasper going down before Salem's
clever pitcher in one, two three or
der, and the grand stand got busy.
In Salem's half of the elgth, White,
(Continued on Page 6.)
ARRESTED
Of! CHARGE
OF CRUELTY
Warrants charging W. T. Ray, pro
prietor of Ray's Rough Rider show,
and four of his rough riders with
cruelty to animals were issued Fri
day from the court of Judge Webster,
and they are being given their trial
this afternoon. All five are being
tried jointly and as It Is a Jury trial
and many witnesses have been sum
moned, the case will probably con
sume all of the afternoon.
Ray showed here Thursday and
Friday during the Cherry Fair. The
main feature of the show was bron
cho busting riding what the rough
riders term "outlaw" horses. Learn
ing of the show, Dr. Keeler, presi-
tent of tll(! Humane Society, made an
investigation of the treatment nc-
cor,1(rt t,,R ")rsoa an, nft''r nclud
Ing that It was of a cruel and Inhu
man character, he had the proprie
tor and his riders arrested. He
maintains that all of the animals
were broke and that they were only
prevailed upon to buck by the pun-
'shment Inflicted upon them by spur
aml WI' llfl 1H backed by the nu-
ninfi society and the enses will be
Prosecuted to the full extent of the
Leaving here Friday evening Ray
showed at Sllverton Saturday and It
was there that he and his riders
were arrested. Those arrested, be
sides Ray, . are E. Wilson Frank
Rupp, Peter Smith, and John Mulr.
Attorney Keyes is defending them.
Seven. day liace Meet.
trNITF" I'RFN" ITAKm WIBFl
Niagara Falls, Ont July 10. The
Niagara Falls racing association
opened Its Inaugural meet here to
day. The meeting will continue for
seven days with six or seven races
dally, no purse being for less than
$300.
It ! curious that some able sena
tors seem not to know that protec-
tlon for farmers has always been a
..humbug
GIRL'S BACK WAS BROKEN
AND BODY BADLY BRUISED
MARKS INDICATE MURDER
Doctor Found Deep Thumb Marks on Dead Girl's Shoulder,
and Rope Marks on Her Ankles and Wrists There Was a
Large Accumulation of Blood as from a blow on the Left
Side of the Dead Girl's Neck Injuries Were Such That It
Would Be Utterly Impossible for a Persons to Inflict Them
on Himseif.
tCNITID TRESS LEASED WIRE.
Orovllle, Cal., July 10. The trial
of Mrs. Emma Rumball was begun
here today. Mrs. Rumball, who,
with her brother Archie Lewis Is ac
cused of hanging and torturing her
13-year-old stepdaughter, at their
home near Grldley, was garbed as a
widow and wore a heavy veil. She
betrayed great agitation as the tale
of her cruel treatment of the child
was detailed
Dr. L. L. Thompson, of Grldley,
was the first witness called. He per
formed the autopsy on the body of
the girl after she had been cut down
from the rafter of the room of their
home, where the state alleges she
was hanged by her stepmother.
Dr. Thompson said he found marks
of a rope on both the wrists and an
kles of the dead girl, a great discol
oration from the middle of her back
to her shoulder and that her spine
had been broken at the center of the
back and the base of the Bkull.
He found a deep thumb mark four
inches from the top of the shoulder
and the face greatly swollen. The
hands were contracted. The Incisions
on the neck were deep and extended
from ear to ear. There was a large
accumulation of blood, as from a
blow, on the left side of the girl's
neck. His opinion was that death
was caused by the dislocated verte
brae and that It was Instantaneous.
Dr. A. J. Turner, the first physi
cian to examine the child's body, was
then called. He testified that he
went to the Rumball home between
8:30 nnd 9 o'clock on the night the
girl died. He found the girl had
died, evidently from a broken neck.
Dr. Turner then detailed a conver
sation he had with Mrs. Rumball on
a ride with her to the homo of her
sister, Mrs. Tyler.
"I tied her but I never killed her,"
Dr. Turner testified Mrs. Rumball had
told him. "But they will never be
lieve me."
Dr. Turner said he believed the
dentil of the child was due to a sep
aration of her spinal cord and that
he did not believe It would have been
possible for the child to have caused
her own death. lie declared that
when he was called he was told the
girl was sick, not dead.
Recurring then to Ills ride with
Mrs. Rumball, Dr. Turner said the
woman admitted to him that she had
tied up the child on another occa
sion; that she was greatly excited
and was In tears. When they got to
her sister's, Dr. Turner Kild, Mrs.
Rumball declared again in the pres
ence of Mrs. Tyler and others that
she had tied Helen, but did not In
tend to kill her.
On cross examination by the at
torney for Mrs. Rumball Dr. Turner
agin detailed the statements made by
DEATH VALLEY
SCOTTY AGAIN
IN LIME-LIGHT
rcNiTKD I'Uf.hi i.kahkd wine.
Reno, Nev., July 10. With his
pockets bulging with greenbacks,
Death Valley Scotty Is back In Gold-
field today with a promise to reveal
the location of his alleged fabulous
wealth after August 1. Scotty an
nounced that he Intended making an
other spectacular dash across the
continent in a special train, but that
after that he would settle down. He
said he had been arrested 38 times,
but nothing ever had been found on
him. -.)
Mrs. Rumball. He then went on to
say that at the first examination of
the girl's body, Coroner Block, of
Grldley, told him to not make an ex
amination after he had said death
was caused by a separation of the
spinal column.
Dr. Turner also said he was pres
ent at the autopsy on the girls body
on June 23. He declared it was not
possible for her to have Injured her
self In the manner found. If death
were caused by a blow, he thought
no more discoloration would have
been found.
Attorney Kennedy tried to ask Dr.
Turner if he would state that the
death of the girl was caused by a
blow but the court would not allow
the witness to answer.
"I have a right," Insisted Kennedy,
"to ask If this woman, in Dr. Turn
er's opinion, would be able to deliver
a blow sufficient to cause death."
To this the district attorney ob
jected and was sustained. He said
the state admits that a person stand
ing on a box four feet high could
fall and break his neck in the same
(Continued on Page S.)
prisSt
CLEANING UP
THE REMAINS
Twelve city prisoners were put to
work this morning cleaning up Mar
ion Square. Considerable paper and
trash Is strewn about he grounds
this morning after last week's cele
bration and the men will find plenty
to do there for a while. They are iu
charge of Poundmaster Irvlu. Most
of them have been arrested for being
drunk and others are members of the
vagrant class.
A total of six arrests
were made
during the three-days'
for drunkenness, which
record considering the
celebration
Is. a good
number of
strangers In town durlug the celebra
tion. o
NO CHANGE
FOR BETTER
IN WEATHER
UNITED I'IKSS LEASED Wltl.
New York, July 10. Four deaths
from heat had been reported here to
day at 1 L o'clock this morning. The
thermometer was at 00 with every
proHpect of Its rising much higher.
Chicago, July 10. Thirteen per
sons have died In Chicago from heat
within 24 hours. There is no relief
In sight and the weather forecasters
say tomorrow will be hotter than to
day. ltrgattu at Houston.
firNITKI I'RESN I.t.lSKD WIIICl
Houston, Tex., July 10. The Hou
ston Launch club today began its an
nual regatta off Silvan Deach at La
porte. This Is to be one of the big
gest events ever held In southern
waters.
The Fourth has become saner, In
some places.
One duty of man Includes all oth
er duties, to make the best of life.