.c- All tjhe News that's Fit to Print Everybody Reads the Daily-Capital" Journal l THE BEST 71 rf THE LARGEST CIRCULATION J NEWSPAPER mum THIRTY-SIXTH YEAR. SALEM, OREGON, FRIDAY, DECEMBEE 5, 1913. PRICE TWO CENTS. SM?: iff A mrtr tin m k m m I i I i I nk y t rv Til x 1131 H II 11 El inns FATALLY HIT BY ROBBER L! SCHOOLS AND TIES Thugs Open Fire on Him When He Asks Them to Explain Their Actions. WOUNDED MAN HELD HERE MAY BE ONE Says He Was Shot in Portland While Attempting to Board Cars There. Johu Zollner, city marshal of Gervais and one of the most widely known offi cers in the county, was shot through the nock and backbone shortly after 1 o'clock this morning by two unknown men whin the marshal attempted to ar- rcHt them near the Depot hotel. Zoll rior's body was paralyzed by tho bullet which passed through his backbone, near tho base of the neck, and small hopes for his recovery are entertained. Tho assailants fled following the shoot ing and Sheriff Esch, heading a party of other officers and citizens are scour ing the comity in search of them today. Only a meager description of the two men was obtained for the reason Mar shal Zollner is unable to talk or move his hands and the officers are at a loss for a clew upon which to work. Imme diately aftor Zollner was shot, help camo and ho whispered a few words nmong which he described one of the men as being heavy set and wearing a black hat and the other being a tall man wearing a light cap. Assault Unexpected. According to the meager information that can be secured concerning the af fair, Zollner was shot when hi) least expected it. It is said that ha observed the .two men sneaking about the rear -doors of the store belonging to August Miller. The marshal followed them be hind tha store and the couple walked away toward the Depot hotol. Marshal Zollner, thinking the men were up to something not proper, followed tfcem to the hotel and just as he was in the act of stepping up to them and making in pjiries, they drew revolvers and began firing at tho officer. Zollner returned the fire, but had shot but throe times when one of the bullets from tho guns In the other men's hand struck tha mar shal in the neck, telling him instantly. The wound received by Zollner is a nasty one and if he recovers the attend ing physicians believe It will be a mira cle. The bullet, which was one of large nalibre, entered Zollner 's neck just above his low shirt collar, and passed through the fleshy part and on through the backbone at the base of the neck. Owing to the fact the shot shattered the officer's backbone, the physicians are unable to give the slightest assurance of recovery. Word Sent Out While Sheriff Each is scouring the country for the two thugs, Deputy Sher- iff Needham is flashing Information to every city in tho valley, concerning the shooting. It is believed that the men are still in the vicinity of Oervsis and every ef fort is being made to get the necessary Information to every farmer within fif teen miles of the town. Following the shooting the trains were closely watch ed by Gervais citizens, and it is not be lioved that the men could havo escaped ly boarding any of the passing trains. May Rave On. A man by the name of Kay MeCarot ly is being held in tho county jail pend ing an investigation which may lead to his being identified as ono of the cou ple who shot Zollner. McCarolly called at the police station early this morning and showed the police where he boil been shot in the right shoulder. He said he received the wound in the Port land car fhops last night while attempt ing to board a southboi.nd train. Tho man told Deputy Sheriff Need- ham this morning that ho was running after a train when some person un known to him, jumped out and ordored "him to halt. McCarolly said he kept on running and the other man fired at him. ri'NITRD riUDEM MtaSKD WIHI.J Denver, Colo., Dec. 5. At 5 o 'clock this morning it was estimated that 25.8 inches of snow had fallen in 24 hours, breaking all records for the same period pin the west. Since the storm began at midnight Wednesday there has been no cessation of tho snowfall. At dusk yesterday a blizzard was blowing and snow banks were several feet deep in tha downtown streets. Hundreds of workers spont the night downtown, and every hotol and lodg ing house in the city was crowded to capacity. Hundreds slopt"'on cots in office buildings. Police stations, pub lic schools and the Auditorium building sheltered hundreds of others. All. the public schools were closed to day, and many concerns, such as ex press and transter companies, were compelled to abandon businoss alto gether. Snow Still Falling. ,: At noon the snow wns still falling half an inch an hour. The weather tit rcau estimated that 29 inches had fal len at .that time. Today's prediction was for continued snow today and tonight, with' clear and colder weather Saturday. A report recoived hero at noon stated that a big irrigation ditch at Globeville had given way, sending a flood of wa ter down upon a number of houses. Twenty-five families, it was said, woro driven into the Bnowdrifts. So far as known no fatalities occurred. Ginsn W ON JOB SAYS Queer Ones in News Insists Cannot Quit Until Suc cessors Are Named and Qualified. tONlTSD PUSS LliSSU WIHB. Portland, Or., Dec. 6. Asking only that he be sober and industrious, a young Parisienne has written Governor West asking him to find hor a farmer husband. She intimates her willing ness to work in the fields. j Portland, Or., Dec. 5. Fearing for I the safety of standard classical music, the Coterie club, a woman's organiza- ! tion, has inaugurated . a campaign ' against ragtime. GOVERNOR TO ACT SOON, Los Angeles, Cal., Dec. 5. H. Satts, a Clearwater rancher, demonstrated to ' the police that he could catch a pick pocket with a row of fish hooks sewed Will Appoint Three Members Commission, Leaving Kelly, Named By Commisison In Place. ! inside his pocket. He wants the police commission to recommend his device. ESS AGA1 OF ELKS LODGE OF SORROW L Mrs. Stafford Told Pi osecution Mrs. Gallagher Said Coul son Did It. REVOLVER IN HIS ROOM Attorney-General Crawford this Los Angeles, Cal., Dec. 5. Provoked morning, at' tho requost of the socre-, by the poor work of hi pupils, Cpoch tory of state, rendored the following Fritsch, of the manual sts high school opinion on the mattor of the fish and rugby toam, got into a scrimmage to game wardons. Bobbed of legal vor-! show how it Bhould be done, One crash, biage, the attorney-general holds that and Fritsch was carried to the side the statutes provide for the appoint- lines with a dislocated knee, sprained ment of four members of tho fish and game commission by tho governor, and the naming by these four of a fifth, the latter holding office one year, and thoso those named by the govornor holding one, two, three and four years, respectively. Under tho rules laid I down by tho courts an nppointeo to any office, whore the powor of remov al is not especially given in the act, cannot be removed unless for cause, such as being convicted of a crimo, nor can he rosign so as to make his resig nation offoctivo until his successor is appopinted and qualified. ansklo and two broken ribs. AGREES WITH GALLOWAY IT Frojrietor of Hotel Tolls of Finding Weapon in Lavatory Day Follow ing Murder. fUNITJSD PKIHS USAHBD WIS!. San Francisco, Dec. 5. Death has re moved today one of the state's star witnesses against Arthur R. Coulson, a merchant on trial hero for the murdor of George Kovack and William Acker, I September 19. " I A telegram recoived today stated ' that Mrs. Emma Stafford had died suddonly at Winenmucca, Nov. Mrs. j Stafford was with Mrs. Kathorine Gal lagher, who is alleged to nave posea as Coupon's wife, on an automobile ride to the beach here, which preceded the tragedy. After tho shooting Mrs. Staf ford visited Mrs. Gallagher, who wns shot in the neck at the time Kovack and Akor were killed. Mre. Stafford told the prosecution that Mrs. Gallagh er said to her that Coulson is tho man RAN ADDS 0 IE OF Because the stato supreme court has rendered an opinion to tho effect that w,0 ,, tho shooting. Therefore, tho registration and election latf passed j District Attorney Fickort had intond- there can bo no interregnum, and the by the stato legislature at the last bos- ' ej using MrB. Stafford's testimony to tender of the resignation and the ac ceptance thoroof by the proper author- La Eocho, of Portland, says that per- ter failed to testify along those linos. Iu re-checking the names on the ini tiative potition calling for the local op tion election which wins held in Salem Novombcr 4, County Clerk Gehlhar to day found that the potition bore the signatures of only 103 registered voters. This opens up another matter for discus sion and possibly for the courts for the reason there should have been 252 names on the petition in order to sub mit the local option issue to the voters. With this now phaBo in the case whoroin tho county, court is boing re strained temporarily from declaring the results of the olection hold on Novem ber 4, it is claimed there are no'doubts now""but that the election is illegal. There boiug 80 names shy of tho num ber required to authorize tho; county clerk to place the local option measure on the ballot, the entire election is lia ble, so attorneys claim, to be declared void. Amended Complaint Prepared. Attorneys for John Stellman are busy this afternoon preparing an amended complaint in which they will avor that tho city eloction hold on Novombor 4 is illegal, void and null on the grounds there was not a sufficient number of names on the petition to place the meas ure on the Imllot. This complaint as amended will be filed with the county clerk cither this afternoon or tomorrow morning and counsel for tho plaintiff will demand an early hearing on the new matter introduced. . Tho county clerk finds that including the registered namos under both the old and now registrations there are but 103 that can bo termed legal and prop erly qualified to sign an initiative peti tion. ity does not porfoct his resignation, un til his successor is named and qualified. Ilemce thore is now no vacancy, and the fish 'and game commission is still in existence, and the wardons are sol idly on their jobs. The secretary is in formed that he' can legally draw his warrant for the payroll submitted by the wardens, and their bonds would protect him. Governor Now Will Appoint. ' On top of this there is another phase of the matter, for the governor will un doubtedly take a hand in the game. It is understood he will, in the very noar future, appoint three members of the commission, leaving Kelley, who was appointed by the commission, and whose resignation the governor has no authority to accept, and Kinney, who has not resigned, on tho board. This will fill the board, and start the busi ness going again legally. What this now commission will do is to be seen, for it will be up to them. Two of these mom bers, it is stated, will come from Fast era Oregon, as the law requiros that. It is probablo the affairs of the com mission will be conducted along new ( lines, and that the new wardens, whether the old ones are reappointed or not, will be subservient to the com-1 mission instead of boing the whole thing. Kinney's case is in the hands of the governor, but he gives no inti mation as to what he will do in tho mnttor. sons who have registered undor tnat ( Stopped at Hotel. law cannot vote at the city election De-1 Mrg T v atncv. tironriotor of the comber 9. Thore are ,nbout 2700 per- Oakwood Hotel here, was thj first wit sons in Portland vho registered under noBS call9d t0(lny ghe testified that this law. In order to vote they will Coulson rented a room from hor at 2:30 havo to go through tho formality at tho 0iciocit on the morning of the shooting, polls of boing sworn in. pne then swore she found a revolver in The opinion of City Attorney La i th0 lavatory on the floor of the room Eiche was prepared yestorday and sent whore ConlBon Blcpt. to City Auditor liarbur. As a result of the decision no attempt will be made at tho special eloction to use the registra tion books prepared since last June. There will be no record of registration at the polling places showing the namos of person not registered prior to Inst June. IN MEMORIAM. Chas. S. Vivian, Founder of tho Ordor, March ?0, 18S0. H. M. Brown J. C. Brown Prince Byrne E. M. Budlong John n. Burton Jas. W. Bollon A. Benicke F. H. Campbell Geo. E. Collins Jas. Craig. F. 8. Dearborn ' ' J. J. Dalrymplo W. S. Duniway Tilmon Ford C. Hunphill ' Goo. P. Hughes E. C. Horren W. O. Holcomb S. L, Haydon W. M. Kaiser A. C. Lawrence A. K. Loder H. O. La Bior C. A. Mattison F. C. Perrine E. F. Parkhuret John Staploton Chas. Scholl J. L. Skipton J. 11. Townsond G. T. Terrell F. P. Talklngton David V. Vaughan E. M. Wood W. L. West ! W. G. Wcstacott W. E. Williams E. C. Young Ed Zeyss 'T'ne faults, of Our brothers, wo write upon the h.ithIb; Their virtues upon the tablots of love and memory." ' REFUGEES Water in Southern Texas Con tinues to Rise, Although Lower in North. TOTAL DEAD MAY BE ONE HUNDRED Five Hundred Persons at Hearn Are in Treetops and Fear . Drowning. ENGINEER'S DEATH. Baltimore, Md., Doc. 5. Colonel David Gaillard, aged 63 years, ono of the chief engineers engaged in the work of building the Panama canal, died today at JohnB Hopkins hospital here. He suffered from hardening of the arteries of the brain, brought on, physicians said, by his work in the Cul ebra cut of the canal. Mrs. Gallagher will be tho last wit ness called by the prosecution. It was expected the prosecution would rest late today. Tho dofense announced today Its in tention of putting Coulson on the stand to testify concerning the lapse of mem ory from which he says he suffered on the morning of the tragedy. Q.. will hold memorial services lr Grand Sunday aftornoon at The Weather Bishop W. M. Bell, of Los Angeles, Cal., is coming. Ho will be at the U. B. church, corner Seventeenth and Ne braska avenue, Bunduy, December 7, 11 a. m. and 7:30 p. nu lie will locturo at the Christian church Monday evening, 7:45 on "Socialism And Capitalism." THE PnS ftny 1 if- -;S Tho Dickey Bird says: Orogon, fair east tonight and Saturday; cloudy southwest portion tonight and Sat urday with prob ably rain; rain tonight and Sat urday northwest portion, possibly part mow, south , easterly winds. fl'NITHn T'SKHS I.SitSltW WIKR.1 El Centro, Cal., pec. fi.Two cow boys, declared by bfflcers to bo the men who robbed the Verde Valloy bank, at lily tho, and killed Cashier A. W. Bowles, were arrested hero today.' They had in their possesion between Hr00 nd $3000 in gold. Tho prisoners gave their names as Paul Cnse and Tom Orocn, and their residence as Los An-gelot. Marian Morris, son of H. N. Morris, of Fairgrourfd station, has been taken to the Willnmette sanjtnrium to be treated for illness. Lands in Hospital After Being Blown Through Window, Lost in Fog, and Hurled in Water (Continued oa Pag five.) B. O. Thomas, Southern Tacifie sta tion agent, at Tumor, has retired from active work. Mr. Thomas has had charge of the depot there for 30 yoars. Carl Nelson is now agent. ' THE OBEGON SYSTEM AND WHAT IT SIGNIFIES. Lecture by Dr. Joseph Bchafer. Public Library Auditorium Tonight at ei:ht. o'clook. FREE. BelliiiKham, Wash., Dec. 5. Rulhh I the house and blow Chambers into the Chambers, of La Conner, 'Wash., lies in! yard. A launch started with the in- an Aiuu'ortes hospital today after bo ing blown through a window by an ex plosion, shipwrecked, thrown Into the water, lost in the fog and finally res cued by tho stesmor Jlosalie. The trou ble all started when the young man mis took a five-gallou can of gnsollnn for coal oil and tried to build a fire with it. His head, arms and legs are severely burned. Chambers was employed at the Paci fic Americpn Finherlcs ou Kliza Inland. Wednesday he do Ided to build a fire in the hiinkhouse and used what he thought was kerosene, but poured a few drops of gasnline in the stove Injtcml. Tho eiplosion which followed' wrecked ii red man for Bellinghnm through tHo fog which hung over tho bay. The injured man was . wrs;vd in groaned blankets on'l placed on a mat tress on the duck of the launch. Tha b:it wns making good headway through the fog when it struck a rock. The force of the shock threw Chumlx-m overheard. He was dragged nlionrd in an unconscious condition. The bout wni, wedged tiht on the rocks and her captniii began lending "H. O. H." calls with his whistle. Men on the inland heard tho distress rails and mado thoir way to tho launch in a dory, being guided by the whistle. Chambers was placed in the dory and the men started to row to linllinghain. They becaino lost in the fog, however, and an hour later came ashore ou Klizn Island agtiin. After getting their bear ings, tho crew again started for this city with tho Injured man, but again loot their way in tho fog. Tliey had about abnndunod hopo of bringing t handlers to land alive when the fog whistle of the steamer Rosalie aa hoard. Tho men rowed in tho di rection whence tha sound came. The steamer was approaching the bout and as she poi-sed the cries of tho men at tracted the steamer's crew. The steam er turned in her course and anon had the injured man and his rompuniont nbcard. Chambers was tnken to Aua- cortes. Following a splendid custom of the organization, Salem Lodge No. 30, B. P. O. the Grand Sunday o'clock. The address of the day will be givoii by D. Soils Cohon, of Port Tho following will be the program: Marcho Colobre - From F. Lachner's Suite No. I Elks' Orchestra. Opening Ritualitio Ceremonies ... Salem Lodge No. 330,. B. P O. E. ' Oh, Dry Those Tenors ' ' Del Blegj Ha'lie Parrlsh Hinges, Mnrgarot .Helen Dodgo, Rose Woodruff Bab cock. Boatrico Sholton, accompanist. P.itunlbitlc Coroinonics....I,ndge Officers Opening Ode "Auld Lung Syne" Lodge Membors. Great Ruler of the Universe, All-seeing and benign; -Look down upon and bless our work. And be all glory Thine. Oh, hear our prayors for the honored dead, While bearing In our minds The mom'rles graven on each heart, Fpr " Auld Lang Syne." Invocation Chaplain "The Rosary" (by request) Nevin Mrs. Julia Bross l'innell Solectlon Elks' Orchestra Address Hon. Bro. D. Bolls Cohen, Portland, 112 "Out of tho Deep" J. Christopher Marx Bro. Dan F. Langenberg, Portland, 142, Eulogy Hon. Bro. Fnunk A. Moore "Crossing tho Bar" Neldllnger Ladles Trio. 'March Heroic" T. H. Rolllnson Elks' Orchestia. Offlcors for 1013-H. Exalted Ruler, Aug. Huckosteln Esteemed Lcsding Kni',!t, R. V. Byrd. Esteemed Loyal Knight, A. J. Andor- sou. Esteemed Lecturing Knight, 8. 8. Hkiff. Secretary, Geo. C. L. Snyder. Treasurer, J. P. Hodgors, Tiler, Klmer Gilo. Ksqniro, M, L. Meyers. Chaplain, D. R. Yantls. Inner Guard, A. H. Moore. ' ' Trustees. H. W. Meyers, II. II. Winger, Goo. E. Waters, Memorial Committee. Fred A. Kiixon, H. J. Wlodinor, A. L, Waltaco. UNITED muss LIAHIO WIR1. Fort Worth, Texas, Doc. 5,-Oold, soaking rains aggravated the suffering' of thousands of flood rofugeos in Cen tral and Southern Toxas. Tho water, too, in tho southern dis trict continued rising, though it waa beginning to subside in the north cen tral counties. Communication was not much easier? today than yesterday, so it was impos sible to learn dof inltoly how many lives had boon lost. Many persons bnlioved. howoveT, that the total would finally- be found to have reached 50 or 100. An Immense number of tho sufferers were farmers, whose nearest nolghborsj were at considerable distance frota thorn, And it was impossible to account) for many, who might have 'reached places of safoty or perished. Hundreds In Treetops, From Henrn, on the Houston ft Toxs Central railroad, an urgent appeal wa made for boats to rescue at least 8fl0 people who had found temporary places of refuge in treotops, but who, accords ing to tho Hears telogTaph operation, were in- imminent danger of lIn drowned by the ijeadily raising water. xne Brazos river rose two loot as Waco last night,' and there wero 1009 homeless there alone. Considerable loot ing occurred in Waco and vicinity, and many arrests were made by the stats troops patroling the district. No re ports wore received of the shooting of plundorers, though Governor Colquitt) gave orders to that effect. Every railroad in the flooded district told of heavy losses of brldgos and by washed out tracks. f.'WI CONFESSES CRIME McCarolly, undor arrest for shooting Marshal Zollner, at Oorvais, this after noon niade a part Jul confetslon, Ha de nied he fired tho shot which struck the murshul. ohitso rus" uissd wiaa.I Indianapolis, Ind., Doc. B. Four man wore shot here todny in riots growing out of tho teamsters' strike. Two of the wounded probably will die. Vp to today five men had been hit by bullets since the strike began. Two of them died. Of tho five, four were strik ing teamsters; the fifth a casual by stander. Today, however, tho strikers seemed in an angrier mood, all four of the vic tims of tho day's shooting being non- unionists, Strike Breakers Shoot. The first fruens followed an attempt by three strikebreakers to, drive a wag on dst a crowd of strike sympathizers. First the crowd tried to persuade them to quit, then threw stones, and when the strike breakers answered with bullets, returned the fire and brought down two of the non-unionists. , The second shooting occurred when an automobile whired up to a non union ice wagon in the street and iev ernl men, rising in their sents, shot down the two negro strike-brenhers In charge; then sped away and escaped without being identified. Of tho two men whose wound pmba- I (Continued on pane E.)