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1 l . . I! DAILY EVENING EDITION DAILY EVENING EDITION There In something in store, for you In every advertisement In the .East Oregonlan. Don't fall to read every line. WEATHER FORECAST. Hhawers tonight and Saturday. PENDLETON, OREGON, Fit I DAY, MAY 11, 190(5. NO. 5665 VOL. 19. W-csr -.-AW sJJ ' ; -; . : 10 Senate Refuses to Agree That They Should Not Be Used to Defeat the Rate Law, TWO AMENDMENTS BY ALLISON WERE PASSED. Both In the Interest of the Conerva tlTOi One State That No Time filial! Be Stated In Which ComnU- , (Son's Order Shall Go Into Forw Imprisonment Penalty Favored by tlie Senate for All Beneficiaries of Rebate Given by the Railroad Aimed at Personnel of the Illegal Trust. Washington, May 11. Senator Bai ley's amendment to the rate bill, to entirely prohibit the Issuance of pre liminary Injunctions to suspend the operation of the Interstate commerce commission's orders, was defeated. The first alllson amendment strik ing out the words "fairly remunera tive" from the description of rates or dered by the commission was adopt ed without debate. The second Allison amendment pro viding the commission's orders shall become effective within a "reasonable time," Instead of "thirty days," and continue not more than two years, was adopted. Would Punlfh the Beneficiary. Washington, May 11. The senate last night completed Its consideration of the second section of the railroad rate bill and Just before adjournment listened to the readlag of sections t and 4, preparatory to the Introduction of the Allison amendments, which will take place today. A number of very Important changes were made in the second section. Including a provision restoring the Imprisonment penalty of the act of ISC 7 and an amendment suggested by McCumber, Imposing a penalty of fine and Imprisonment for a shipper who secures rebates. The latter amendment was Incorpo rated for the avowed purpose of hit ting trusts. There wa a continuous debute throughout the day and no lit tle complaint that the senators show ed a disposition to consume more than the 15 minute limit. Tillman stated privately that If these practices con' tlnne he will make an effort tomor row to have the speeches limited to five minutes. Epidemic of Amendment. Washington, May 11. Tillman's amendment giving the commission authority to make through joint rates where the transportation Is partly by water, was rejected, and the lodge amendment giving the same authority "when one of the connecting carriers Is a water line," was adopted. Bacon's amendment prohibiting the Issuance of any Injunction without the concurrence of two Judges, one of whom must be a circuit Judge, was de feated. YESTERDAY'S BASEBALL. Score of All Looguo Game Played on tlio Coast- Los Angeles, May 11. Los Angeles 7, Fresno 4. Portland, May 11, Portland 11 San Francisco 6. Seattle, May 11. Seattle 6, Oak land 6. Tacoma, May 11. Spokane 0, Ta coma 3. HOUSE WANTS INFORMATION American Fishing Boat Seized by Mexicans. Washington, May 11. The house adopted a resolution asking the state department for Information concern ing the seizure of fishing boats by Mexicans and Imprisonment of their crews. Immense Meteor Fell. Salinas, Cal., May ft. Residents of the Corral Tlerra country In the San- ta Lucia mountains, report that a large meteor fell shortly after dark yesterday. The heavens were lit as If It were day. Coining after the elec trical storm, the meteor caused In tense excitement Shot Wife and Then Himself. Philadelphia, May 11. J. I Yar nall, aged 80, today probably fatally shot hlo wife, aged 71, and then killed himself. Motive unknown. Joint Coal Conference, Springfield, 111., May 11. The bi tuminous miners' and operators' Joint convention will be held here next Thursday. Of II precincts In Linn county, It are now "dry," while the remaining precincts will take a local option vote In June, voting collectively, or as a district FAVORABLE INJUNCTIONS DERELICT RAIT BROKEN UP. Wa I-ost by the Irf-Rgett Off Califor nia t.'oat San Francisco, May 11. The schooner Eva, arriving at Eureka to day, reports sighting a number of logs believed to be part of the big raft lost by the steamer Leggett off the northern coast. The raft was a menace to navigation, and the Leg gett has been searching for It for a week past. It is now probably broken up and the danger removed. WILI. BE ELECTROCUTED. t Ohio Doctor Who Murdered Ills Par ent and Brother. Dayton, O., May 11. Dr. Oliver C. Haughs' motion for a new trial was overruled, and he was sentenced to be electrocuted on August 29. He was convicted of the murder of his parents and brother. SEED DEALERS PROTEST. Government Asked to Only Distribute New Varieties. Washington, May 11. Seed dealers from the principal cities were given a hearing today by Secretary Wilson. He was asked not to distribute com mon garden seeds, but only new va rieties. NEGROES WOULD LYNCH NEGRO Beat His Wife Was Barely Rescued by a Policeman. Philadelphia. May 11. William White, a negro, was saved from negro mob Intent on lynching him, by a policeman. White beat his wife. A rope was already tied about his neck. COUNCIL OF EMPIRE MEETS. Witte Appointed to Membership B) the Emperor. St. Petersburg, May 11. The coun cil of the empire held Its first session this afternoon. Solvay, president, spoke. An Imperial ukase appoints Wltte a member of the council Of the empire. WHEAT FAILURE IS The opinion of well KNOWN STOCK BUYERS, No Rain for Forty-Six Days hi the Yakima Valley, While Horse Heaven Is Equally Dry No Molture Left Around the Roots of tlie Wheat Plant Not Enough Rain In East ern Washington This Spring to Ap preciably Benefit Wlieat James Wright, the well known stockman, returned Tuesday from a trip to eastern Washington and Ore gon, says the Yakima Republic. He went to the region of the Snake river north of Walla Walla to look after a large band of sheep that he has been feeding tbere during the winter, and before returning made quite an exten slve tour. He loaded five cars of sheep and sent them through this way to Seattle and will have 25 cars more on the way before the week Is over. "If the weather conditions do not alter soon," said Mr. Wright to the Republic this morning, "there will be a failure of the wheat crop In both eastern Washington and Oregon this season. I never saw the wheat look so badly as It does now. It Is almost dried out. There has not been any rain for many weeks In that part of the two states and everything Is suf fering from drouth. "While walking along over a wheat field one day I pulled up a bunch of growing wheat The roots were sev. era Inches long and the soil that clung to them was as dry as powder. There does not appear to be the least bit of moisture. Unless rain comes In a very short time the wheat will be killed. This condition, I am told, ex 1st In the Horse Heaven wheat coun try." Mr. Wright's statement Is corroh orated by other Yakima people who have been through the wheat districts this spring. The rainfall has been light In all parts of eastern Washing- ton Blnce the first of the year. For the past 46 days not a drop of water has fallen In the Yakima valley. The last rain was on March SO and 31 when the precipitation was 66-100 o an Inch. Blight rains have fallen since then in eastern Washington, but not enough to benefit the wheat. No rain has fallen In that time In the Horse Heaven country. DIED IN A BARBER CHAIR, Indications Are That Business Man Suicided. New York, May 11. HJalmar Wes- terfeldt aged 86, manager of the Qreenbay Paper A Fibre company of Brockvar, Wis., died In a barber chair In a hotel. It was thought he had a fit An ambulance was sum moned but he was dead before physician arrived. Poisons were found In a pocket An autopsy will be held, THREATENED SAYS STANDARD TRIED 10 BRIBE Statement by a Man Who Holds Letters Containing Secrets of the Company, i PRESIDENT 'FRISCO ROAD HAS DAMAGING EVIDENCE. Directors Paper Trust Pay Fines Im ported for Refusing to Answer Ques tion During an Examination Twenty-One Western Paper Mills Are Co-defendants Paor Trunt Will Reorganize to Avoid Appear ance of Evil Chancellor Day In a Serious Condition Resulting From Roosevelt's Position. Victory for Government. Washington, May 11. Attor ney General Moody said the action of the paper trust in St. Paul ends the litigation in a complete victory for the govern ment. It Is stated that since the suit was Instituted the price of paper to consumers has been reduced 30 per cent. Chicago, May 11. M. Maxon, cross- examined in the oil hearing, said he had 1500 letters revealing the Stand ard's secrets. The Standard tried to buy them. He admitted notifying the Standard he was subpoenaed by Gar field. i President Davidson, of the 'Frisco road, promised the commission a list of contracts with tank lines and a list of passes given.- -- - Joseph Tucker, of the Central Freight association, was accused of "forgetfulness" and advised to an swer later In the day. H. C. Hucklll, a Pensylvanla road purchasing agent, said Standard lu bricating ol was bought exclusively by that road. Proceedings Against Paper Trust. St. Paul, May 11. Three Minnesota directors of the paper trust paid 3100 fines each In the federal court and withdrew the answer filed in the gov ernment suit to have the General Pa per company declared a trust. They will reorganize to avoid conflict with the Sherman anti-trust law. The fines were sustained In the fed eral supreme court and assessed on account of the refusal of the directors to answer questions during the pro ceedings. Twenty-one paper mills In the middle west are co-defendants. Cliancrllor Day Feels Badly, Syracuse, May 11. Chancellor Day of the State university, replying to criticisms, declares: "The president's Invasion Into the judiciary realms is alarming. It Is scarcely across the border of possible Impeachment, and Is rebuked, as Its merits demand. It Is anarchy. He has no right to attack the name of any private commercial business In any form." Iowa After Satndurd Oil. Des Moines, May 11. Attorney General Multon Is preparing to begin prosecution of the Standard Oil com pany under the new antl-dlscrlmlna-tlon law. The penalty Is fine and Imprisonment. Reports show the price of oil in ths state varies as be tween localities equl-dlstant from shipping points. CHICAGO WHEAT MARKET. Quotation From the Greatest Wheat Center In the World. . Chicago, May 11. Wheat closed at 8314. corn at 49 and oats at 33. Schnrz Is Improving. New York, May 11. Carl Schurz's condllon Is somewhat Improved, and he Is In no Immediate danger. THE LAW IS PLAIN, Within the past few weeks County i Superintendent Welles has received letters from a number of school clerks of the county asking If their districts could not retain more than $50 of the common school fund money In their possession when the fiscal year closes on the third Monday In June. Under the law each school district Is charg ed at that time with all common school fund money It may have over $50. The amount la then deducted from the payment made the district at the next apportionment. , This year many of the districts have more money on hand than usual be cause of the extra large apportion ment made this spring and the spec ial apportionment that was made In 0 E This Number Doing Business in Temporary Frames in the Burned District. TROUBLE FINDING SITE I FOR THE NEW CHINATOWN. Two Million Dollar Corporation Form ed, Will Engage In Building and Restoring Operations of Every Character, and on Every Scale Clearing House Will Open Sooner Than Expected, and Confidence 1 Unimpaired Records of the Fire men's Fund Insurance Company Were Destroyed. Another Shock at 'Frisco. San Francisco, May 11. The earth gave a severe twist at 1:30 this afternoon, which lasted about three seconds. Aside from the falling of a few weak walls It did no damage. The motion was from east to weBt. . San Francisco, May 11. A careful canvass by the Dally News shows that 368 concerns are re-established and doing business in temporary frame structures In the burned district To engage In building operations on a large scale, a $2,000,000 the Lpss-Leonardt-Deneen corporation has been formed with Los Angeles, New York and San Francisco capi tal. The corporation will take con tracts for buildings of every charac ter. Trie-announcement that all clearing houses will open May 71, nine days before expected. Is further evidence of confidence in financial circles. There is every Indication that San Francisco will have all the money she needs to carry on business. Insurance Records Destroyed. San Francisco, May 11. The Fire man's Fund Insurance company has discovered that the vault containing all the records of Its Insurance busi ness In San Francisco has been de stroyed. The falling of an Immense steel girder which broke off a corner of the vafult, gave the fire easy access to the records, Including all policies, maps. etc. President Dutton has made a statement saying tnat steps nave been taken by the company to meet the new conditions created by the de struction of the fire. A new company, to be known as the Fireman's Fund Insurance Cor poration, Is to be formed as soon as legal holidays cease and Incorporation can be effected. The new corporation will have $1,000,000 capital and $1, 000,000 surplus, thus Insuring, accord ing to President Dutton. complete ability to meet every outstanding obli gation, as the $1,000,000 capital and the $1,000,000 surplus are in addition to the assets of the old company. In cluded In the new corporation and estimated at $3,000,000. Trouble Locating Chinatown. San Francisco, May 11. The com mittee on permanent location for Chinatown reported this morning the Six Companies and Chinese property holders refuse to accept Hunter's Point as a permanent location. The location now chosen by the commit tee and to be submitted to tho Chi nese, Is bounded by Sansome, Front, Pacific and the bay. Chairman Phelan of the finance committee, stated that the amount of money now on hand Is $2,855,000. t No Reconciliation Made. Paris, May 11. Count Bonl Castel lane and wife failed In attempt at reconciliation In court today. The wife refused all overtures. Divorce papers will be filed now. BUT MAY BE EVADED December, after the railroad paid Its back taxes. But Superintendent Welles states he can do nothing In the matter as the law Is plain, and all money over $50 on hand In June will have to be charg ed to the various districts. However, each district Is allowed to keep any money derived from a spec lal district tax, which It may have. Consequently, a district may pay the teacher's salary and other expenses from the common school money It may have, and keep their special tax money. In this way a district could avoid having to pay back money given It, for the warrants which are Issued may be paid with money from either fund. RESUMED DIVORCE FROM BLAINE. Mr. James G. Blaine, Jr., Goe to Dukotn IWvorce Conrt. Washington, May 11. Mrs. James G. Blulne, who, before her marriage some years ago was Miss Martha Hlchborn, daughter of Rear Admiral and Mrs. Hlchborn, will leave Wash ington at the end of the present week for Sioux Falls, S. D. It Is understood she Intends to be absent several months. Among Mrs. Blaine's more Intimate friends the announcement of her con templated residence In South Dakota does not come as a surprise. As Martha Hlchborn she was one of the acknowledged beauties of the of ficial set. Her marriage to Mr. Blaine was rather unexpected, as her engagement to another well known Washlngtonlan recently married, had been generally accepted. Soon after her marriage Mr. Blaine engage! in stock speculation In New York. For more than a year past, however, Mrs. Blaine has spent most of the time with her parents In Wash ington, while her husband has been engaged in business pursuits In New York. EIGHT-HOUR DAY AT $2.25. Walla Walla Council Fixes Wages of Employes on City Contracts. Walla Walla, May 11. At an ex ecutive session of the council yester day afternoon, held after the regular meeting, S. D. Goodell was awarded the privilege of boarding the ditch men employed on the pipe line. Mr. Goodell also has the contract for boarding the men that will be em ployed by the National Wood Pipe company, in building the pipe line. The wages of men employed on ex cavating was fixed at 32.25 a day for eight hours work and ditch foremen at $3 a day. A number of Inspectors, timekeep ers and bookkeepers are to be em ployed by the Warren Construction company under the direction of the council. These appointments will probably be made within a day or so. THREE ROUSES E LIGHTNING'S FREAKS AT ATHENA YESTERDAY, It Plnyed Peculiar Tricks, Damaging Property and Shaking Some of tlie People, Though No One Was Much Injured Lightning Came From a Lone Black Cloud, Over tlie Town, and Accompanying Thunder Was Terrific. During one of the most severe thunder storm that ever visited Uma tilla county, about 3 o'clock yesterday evening, three houses were shocked by lightning In Athena, and numerous freaks were performad In the occur rence. The homes of O. W. B. Zerba, A. J. Wlllahy and S. Dudley were struck by lightning, the Zerba home taking fire and being damaged to the extent of $.100 before the fire was put out by the volunteer fire department. In the Wlllaby home the lightning performed some curious freaks. It stripped the paper from the walls of two or three rooms, but carefully avoided the room in which the family sat The Dudley home had the shin gles stripped from one side, but other wise was unharmed. The storm came up suddenly about 3 o'clock. The horizon all around was clear and the black cloud seemed to hove directly over the city. It was accompanied by the loudest thunder ever heard In that part of the county and was a very severe electrical storm. The Zerba house was struck in the gable, the lightning following the flue Into the dining room, from where It passed Into the kitchen, striking both Mr. and Mrs. Zerba, knocking them down and temporarily stunning them, after which it ran down a porch post into the ground at the rear of the house. Neither Mr. nor Mrs. Zerba were Injured beyond a" temporary shock and although a physician was called for Mrs. Zerba, she Is entirely recovered today. It Is said the paper on the walls of two or three rooms In the Wlllaby house was torn off In strips, the lightn ing evidently following the walls around and going out at the doors leading from room to room. How ever, It failed to enter the room In which the family sat while watching the storm. It Is declared by those who heard the thunder that it Is the loudest and most terrifying ever heard In Umatilla county. $5000 RETAINER TO HILL. Equitable Life Paid Him for Emer gency Services. New York, May 11. David B. Hill explained his,, connection with the Equitable Life to the State Bar asso elation today. The testimony was that he was given $5000 annual re tainer. STRUCK ALLLOTMET MAY BE CANCELLED Department of Agriculture Has No Authority to Make For estry Regulations. SWEEPING DFXISION BY FEDERAL JUDGE WHITSON. Government Loses Case Against C. A. Maxwell, for Illegally Ranging Stock In Mt Rainier Forest Reserve- Judge Whitson Says a Department Cannot Usurp the Law-Making Function of Congrcim Case Will Be Appealed and In tlie Event It Is Sustained by Supremo Court AH Range Allotments May Be Can celled. What promises to be a sweeping nullification of all the work of the forestry department of the United States government Insallottlng rang In the forest reserves has Just been Inaugurated by Federal Judge Whit son of North Yakima, who yesterday decided that the department of agri culture cannot make regulations pre venting stockmen from ranging their stock at will in forest reserves. The decision of Judge Whitson was handed down In the case of the gov ernment against C. A. Maxwell of North Yakima, who was accused ot Illegally ranging stock in the Mt Rainier forest reserve and whose ease has Just been tried In North Yakima. J. H. Snlvely, attorney for Maxwell, demurred to the allegations of ths government on the ground ' that ft government department has no au thority to make laws and that there fore the laws made for the regulation of the forest reserves by the depart ments are null and void. The contention of Maxwell was that the secretary of agriculture being ft part ot the executive and not the leg Islative branch of the government has rh right to make any laws whatever, and that only by congress can valid laws for the regulation of forest rs serves be passed. Judge Whitson sustained, the demurrer which wa based upon upon these grounds, and thus the entire work of the forestry department In allotlng range and making regulations for the manage ment of the reserves may be set asldat The case will be carried to the sU preme court by the government and if the decision of Judge Whitson If sustained there, the range allotment In the Wenaha, Blue Mountains and other reserves will be cancelled and all stock will be at liberty to rang at will in the reserves until such tlm as congress passes laws prescribing the methods of range allotment. Umatilla countv stockmen ' ar deeply Interested In the outcome ot the decision as it affects their inter ests in both the Wenaha and the Blu Mountains reserves, and it may b that the reserves will be opened to th public without charge this season, If congress does not pass laws regulat Ing the reserves before It adjourns. Owing to the pressing Importance of the case It will be brought to issue Immediately in the United States su preme court, and an early decision is expected. EARTHQUAKE IN INDIANA. People Left Their Beds In Fright Last Night Petersburg. Ind., May 11. Two earthquake shocks were felt here at 1 this morning. Buildings shook and people Jumped from their beds. Bertha Knipp Engaged. Berlin, May 11. Bertha Krupp. th world's wealthiest woman, Is engage ed. Her fiance's name Is kept secret It Is thought to be either a prince or a poor physician. Saddlo Cost $500. II. S. Settlemyre was In the city th first of the week getting supplies preparatory to going to his ranch near Dog Mountain, where he con templates some extensive Improve ments. He had just received his new $500 saddle from Wtnnemucca, but the writer did not have an opportuni ty to see It. Bob has a hobby for fine saddles. Burns Times-Herald. Ordered Pendleton Iron. E. W. Severance, of the Severance Bronghton company, of Walla Walla, was In the city yesterday to place an order for structural Iron with th Pendleton Iron works. The Pendleton Iron works receives many orders for outside work as well as doing all th work for this county. Will Leave Alberta. Mr. and Mrs. W. R. Frey will leav In the morning for Alberta, whirl they will spent several weeks before going to the coast for the summer. The Yakima city council a few day ago appropriated $3100 for better-' ments for the city's system of fighting fire.