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FORECAST' • m fair with heavy frost, TtuU «' and warn,- cooler. VOLUME XXXII. TRAFFIC MEN SEE THE CITY Spß nt Several Hours in Walla Walla Yesterday PUT ENTERTAINED WHILE HERE personal Guests of Mr. and Mrs. Burns and Mr. ?M Mrs. Van De Water. Walla Walla was visited Sunday afternoon by about 20 prominent rail road people, accompanied by their rives and families, and for several hours were the guests of General Agent Robert Burns of the O. R. & N., jnt Burns. City Ticket Agent Charles f Van De Water and Mrs. Van De fjter. The distinguished party ar rived from Spokane in a special car arached to No. 7. at which place they had gathered to attend the first dis trict meeting of the Pacific Coast As- Kfetior, of Traffic Agents, which was p in that city Saturday night. View the City. The party was met at the depot by Mr. Burns and Mr. Van De Water and escorted to the city. After a few moments rest the large tally ho was secured and the distinguished party vere taken for a drive about the city. A short stop was made at the state penitentiary and then they were shown about the residence sections, Whitman college, and the numerous fine educational and other public baQdings being passed along the route- At the conclusion of the ride they were taken to the Hotel Dacres, where they were served with an elaborate dinner. Manager Catron fairly out o himself in providing an ex ceptionally fine menu. Praise for Walla Walla. The visitors were greatly pleased with Walla Walla and expressed peat admiration for the beautiful tomes, school buildings and churches. The handsome residences, beautiful h»ns, shade trees; and flowers were a revelation to the visitors and brought forth many compliments from ftem. So well pleased were they with *e visit to Walla Walla and the r iweptton given that just be •■w '.raving for Portland on the eve train the association held a short ■Kfag in the office of General Agent and passed a rising vote of U V" :? 10 their hosts and hostesses 14 hospitality and courtesies ex mfl while in Walla Walla. Those jn the Party. The list of visitors is as follows: T ' W. Co.ton, general counsel for * Hantaan system, first? and Mrs. ' • Poland; W. e. Coman, as * Seaeral freight agent of the '- ■ Railway ft Navigation com jj " Portland; Paul Shoups, as- Jrj 1 Waeral freight agent of the . *x- Portland; H. L Lonsbury, I 8 tre 'S'U agent of the O. R. *• and president of the Pacific j. As{K *iation of Traffic Agents, ld; J ' R Mcßride, general agent g Denver & Rio Grande, Portland; general agent for the P . Cen tral, and Mrs. Trumbull, -. ; *' Leßoy Tucker , traveling 8W agent for the Great North . 1 Tucker, Portland; J. R. I V raVe!inS pis? enger agent O. trave h : n " P ° rtland: H• H. Hallock, ... -5 representative of the Lewis fair - Portland: C. H. Gleim, Ste a^ hi aSent for Pacific Coast *tow* P Portland; M. travel *• t« D s P as senger agent lar.i; r r^ Ver & Rio Gra nde, Port age,. . Ba umgartner, general 'or th» r\ <W St€ 01- egon & California ar. : ;;;^ s nip company, and wife B h^. P ° rtland: J *°r o'r e ' lnS passen ser agent NbJ, man &N - Portland; J. An- J*h ; 0T^ er of th e Postal Tele the Portlan [ Presi dent of City c °uncil, Portland. Womt " iCr*^ — ■— *** Top,- G ° lf Ch^pion.hip. E**kH, J?" a ™ateur golf chatn- State « began !~«*^ 0 " of the Morris I■ 1 eoi at Convent Station, COni^tio n is open t0 an the Evening Statesman Washington State Library women amateur golfers, belonging to clubs which are members of the U. S. Golf association, and to such foreign players as have been invited by the executive committee of the associa tion. The contestants, of whom there is Quite a number will first play eighteen holes, medal play. The best 32 acres will then be taken and the contestants who made these scores will then com pete in the 18-hole match play. The winner will be awarded the Robert Cox cup and will also receive a gold medal, the runner up a silver medal and the other semi-finalists will re ceive bronze medals. The winner will be the champion woman amateur of the year, the title now held by Miss Georgiana Hopp, of the Brooklyn Golf club, Bridgeport, Conn. Texas Murderer Captured. HOUSTON, Texas, Oct. 9.—Early this morning rangers captured Bonk Gibson, a negro, for whom $1000 citi zens have searched 10 days in Jackson county. He is in jail accused of the murder of Mrs. Conditt and four children near Edna. HARRIMAN ON DEFENSIVE HIS MANAGERS AND SUPERIN TENDENTS HOLD CONFER ENCE AT SALT LAKE. Reported Object Is to Devise Plans to Head Off Jim Hill and George Gould. SALT LAKE, Utah, Oct. 9.—Julius Kruttschnitt, director of maintenance and operation of the Harriman lines, here today at a meeting of the gen eral managers and superintendents of motive power on the Southern Pa cific, Union Pacific, Oregon Short Line and O. R. & N., declined to state the object. It is reported that the con ference will outline a policy to ward off the Gould Western Pacific inva sion of Harriman territory and the Jim Hill invasion along the north bank of the Columbia. Massachusetts Federation of Labor. PITTSFIELD, Mass., Oct. 9.—The annual convention of the Massachu setts branch of the Federation of La bor opened its session at the new Academy of Music this morning. Over two hundred delegates representing every part of the state were in at tendance. The convention will last four days. There will be no business session this afternoon and the dele gates will be entertained with trolley and automobile rides to various points of interest in this city and its vicinity. Wednesday evening a ball will be given in honor of the visiting delegates. The selection of officers will take place on Thursday. Mining Town Burns. BARBOURSVILLE, W. Va.7 Oct. 9 __The mining town of Big Creek, s'o miles south of here was destroyed by fire this morning. Two hundred homes, stores and a hotel were burned. Two thirds of the loss falls upon the Stone Branch coal company. Dr. Hart Charged With Murder. CHICAGO, Ills., Oct. 9.—Dr. Oliver B. Hart was formally charged in a warrant this morning with the mur der of Irene Klokow, aged 10. MAY SAVE THE CARGO OF STEAMER ST. PAUL Vessel Is Still Afloat in Much the Same Position as When Wrecked. EUREKA, Calif., Oct. 9.—Hope is now expressed that it will be possi ble to save some of the cargo of the wrecked steamer St. Paul. Captain Randall and underwriters report that the vessel is in the same condition as when it went ashore, save that the boats, masts and railing have washed away. The vessel swings in a 30-foot area and this Is believed to be bad for its holding together very long. One horse is still aboard and an ef fort will be made to rescue him this afternoon. ... . ESTABLISHED 1861 WALLA WALLA, WASHINGTON, MONDAY, OCTOBER 9, 1905. PACKERS'HOPE IN DEMURRERS Arguments Being Heerd in Judge Humphrey's Court EXISTENCE OF MONOPOLY IS DENIED Government's Allegation That Pack ers Control Only 60 Per Cent of Trade Is Cited. CHICAGO, 111., Oct. 9.—Lawyers for the packers this morning began ar guments on their demurrers to in dictments charging conspiracy before Judge Humphrey in the federal court. The attorneys for the packers ask ed for the dismissal of the charges on the ground that no monopoly ex ists, even conceding what the gov ernment claims that the packers con trol 60 per cent of the trade. CHIEF NEED OF THE PINOS. It Is a School to Teach Natives How to Bring Up Children. DES MOINES, lowa, Oct. 9— Mrs. Fred T. Dubois, wife of the United States senator from Idaho, who has returned from the Philippines with the Taft party, will report to the National Mothers' congress that the chief need of the islands is nursing schools, to teach the natives how to bring up children, and reduce the high death rate. She says the Ignorrotes are more animals than human. Gardener Finds $1,000. DES MOINES. Oct. 9.—While dig ging in his truck garden in Hyde Park this city, George Brown unearthed an iron case which contained $1000 in silver and gold coin. The money is said to have been planted by two men who enlisted from this city in the war of the rebellion and were killed in battle. The relatives will contest for the pos session of the treasure. All of the coin is 1860 mintage. JURY OF SIX IS NOT VALID ALASKA CODE IS HELD UNCON STITUTIONAL BY COURT OF APPEALS. In Criminal Cases a Jury of Twelve Is Required to Convict by Revised Statutes. SAN FRANCISCO, Calif., Oct 9.— In the case of Sam Guis, fined for keeping a disorderly house, the United States circuit court of appeals today decided that the Alaskan code pro viding for the trial by a jury of six persons is unconstitutional and in conflict with the revisecT statutes of the United States. Girl Owns to Theft. To Search for Grindell's Party. TUCSON, Ariz., Oct. 9.—Lieutenant E. P. Grindell left today for Hermosil lo to join an expedition of Mexican soldiers who will leave Tuesday in a final effort to determine the fate of the Tiburon Islands party, led by Tom Grinnell late in June. It is be lieved that all members of the party met death at the hands of the Seri or Yaqui Indians. Mystery Cleared Up. SAN FRANCISCO, Oct. 9.—The mys tery of the disappearance of $11,080 a year ago from a crock in which Wil liam Schmitz, an aged painter, had buried the savings of years in the cel lar under his home, has been cleared by the confession of his daughter, Miss Louisa Schmitz, and the arrest of Ed ward Cordero, to whom she betrayed the hoarding place as a result of her infatuation and his threats. SENATOR FLINT VS. ROOSEVELT California Statesman Opposes Rate Legislation VIEWS HAVE UNDERGONE A CNANOE Says He Lacks Faith in Wisdom and Judgment of Interstate Commerce Commission. LOS ANGELES, Calif., Oct. 9 — Senator Flint tactily declares his opposition to the president's rail rial rate plan. In an interview he says: "It is certain existing rate condi tions are bad and should be remedied, but I am inclined to doubt the feasi bility of leaving the important mat ter of fixing rates to the interstate commerce commission." When elected last winter Flint an nounced his intention to support the president. The Bennington Court Martial VALLEJO, Calif., Oct. 9.—The court cartial of Cammander Lucien Young was reopened this morning. Judge Ad vocate Wecst objected to Commander Winder of the Lawton as a member of the court on the ground of Win der's personal friendship for Young. They were room mates at the Anna polis academy. The objection was overruled. The judge advocate also objected to the testimony of Naval Constructor Holden Evans on the ground "that Evans had expressed a theory as to the cause of the explo sion. This was also overruled. Lieu tenant Victor Blue, executive ocer of the ship until four days before the explosion, testified that he had made an inspection for Young while the ship was in Honolula. No inspections were made en route from Honolula to San Diego. G. W. HUNT VERSUS UPTONS SUBSIDY SUIT STARTED IN THE SUPERIOR COURT THIS MORNING. Case Is Being Tried By Judge Mitch ell Gilliam of Seattle—Echo of Building of W. & C. R. The civil suit started by G. W. Hunt against C. B. and W. H. Up ton to collect a sum approximating $4500 alleged to be due on a contract to pay for a subsidy for building a rail way line from Hunt's junction to Walla Walla, was taken up in the superior court this morning. The suit is one of several started by Mr. Hunt growing out of the failure of many Walla Wallans to redeem pledges guar anteed Mr. Hunt at the time he con structed the Hunt system from Hunt's junction to Dayton nearly 20 years ago. The contract* given by the Uptons dates back into 1889 and originally was for $2000. Interest since that time amounts to more than the princi pal, the aggregate sum being sued for, amounting to nearly $4500. The case is being heard by Judge Mitch ell Gilliam of Seattle. Judge Brents was disqualified from sitting on the case owing to having been employed as an attorney for Mr. Hunt in sim ilar cases started wears ago. Mr. Hunt is being represented by Col onel C. E. S. Woods and William Muir of Portland and Garrecht & Dunphy of Walla Walla. Sharpstein & Sharpstein appear for the defense. Jury Easily Secured. The selection of a jury was an eas ier task than the jurymen on both sides looked for. Only two jurymen of the original panel were excused for cause. J. Harry Abbott was ex cused on stating that he had formed an opinion. It developed that Mr. Ab bott's father, now deceased, had been one of the men subscribing to the sub sidy guaranteed Mr. Hunt. He had paid one-half of the amount and had been paid on the remainder with other Walla Wallans. The following jurymen were select ed: J. W. Cochran, W. E. Stockdale, U. G. Bean, F. J. Buroker. A. M. Rob inson, Dale Donnelly, Jacob Lucin ger, Martin Hansen, William Saylor. E I* Baxter, Fred Fontaine, W. H. Kibler. Much Testimony Introduced. The whole forenoon was taken up in hearing the testimony of witnesses for the plaintiff. . J. C. Painter, Charles Sherman, Martin Fletcher, A. J. Evans, George T. Welch and George Strutchers gave material evidence. Mr. Painter was present at the time the contract was signed and acknow ledged by the defendants. The burden of the testimony was to show that Mr. Hunt had kept his part of the agree ment between himself and the men signing the subsidy contracts. A. J. Evans, George Struthers and George Welch testified that the road had been completed according to sub sidy contracts and that the service furnished was adequate. In outlining the defense John Sharpstein said he expected to show that the road was not finished in the time specified in the contracts; that the road was not built to the head of Eureka Flat as the contracts, sign ed by his clients, provided it should be and that instead of a main line, the W. & R. C. was nothing but a branch. The question of what is con sidered the head of the Flat will have considerable bearing on the case. The plaintiff contend that Pleasant View, the end of the W. & R. C, on Eureka Flat is considered the head of the Flat. The Uptons have a large body of land in that vicinity. Judge Gilliam adjourned court un til 2 o'clock this afternoon. Up to 3 o'clock the plaintiff's attorneys were still introducing evidence in conten tion of their claims. ROBBERS HOLD UP STAGE. Express Messenger Was Fatally Wounded. Redding, Calif., Oct. 9—Robbers held up the Redding and Delamar stage three miles west of Pitt river bridge today, shortly before noon. Express Messenger D. N. Haskill was shot in the abdomen and foot and it is be lieved is fatally wounded. A sheriff and posse are now pursuing the ban dits. The stage carried a large amount of money to pay off the Bul ly Hill smelter employes. The driver, Ed Durfer, succeeded in eluding the robbers. No money was secured. Fire Threatens Berkeley Campus. BERKELEY, Calif., Oct. 9.—Eight hundred students of the University of California are engaged in fighting Are on the hills east of the unicer sity campus. The hills are black with smoke and it is impossible to determine the extent of the Are, which is raging in the tall, dry grass and threatening the university campus. The fire is spreading. The deaf and blind asylum is in danger, also the homes of Professors Rieber, Mous er, Price and Judge Garber. Five thousand people and the fire depart ment are fighting the fire. The university dairy farm in in danger, also the Suchs dairy. Pres ident Wheeler and faculty are on the scene directing the fire fighting. Anniversary of the Chicago Fire. CHICAGO, 111., Oct. 9.—Today is the 34th anniversary of the day on which Mrs. O'Leary's famous cow kicked over a burning kerosene lamp in its stable on DeKoven street and started a fire which swept through the whole city and destroyed it. The event is not generally celebrated, but several socie ties, among them the Old Settlers and Pioneers, will hold anniversary cele brations this evening. The great Chicago fire burned about twenty-five hours and during that time destroyed within a district, about four miles long and one mile wide, 17,450 houses, including the city hall, the court house with all its records, the post office and many other public buildings. Funeral Directors' Convention. NIAGARA FALLS, N. Y., Oct. 9.— The annual convention of the National Funeral Directors' association opened here today with a large attendance, representing every state and territory of the United States. The convention will last four days and will consider matters of great Interest and im portance to the profession. LOCAL WHEAT QUOTATIONS* Blue Stem, 64 cents Club, 61 1-2 cents f.o.b NUMBER 122 RAMSAY LOSES TO THE GOOLDS Former's Attempt to Gain Con trol of Wabash Fails PETITION FOR INJUNCTION IS DENIES Stockholders' Meeting to be Held at Toledo Tomorrow Will be Con* trolled by Goulds. ST. LOUIS, Mo., Oct. 9.—Judge Tay lor this morning denied the pettition for an injunction to prevent George; Gould and others from voting the Wabash stock held by the Missouri Pacific and Iron Mountain roads at the annual election to be held at To ledo tomorrow. Judge Taylor denied the injunction on the ground that Ramsey sought to prevent others from doing what he had done himself at previous elec tions. The court severely criticised the Goulds and others managing the Wa bash, but it declined to issue an In junction. The court remarked that the suit showed gross violation of Mis souri's laws. Gathering for Battle at Toledo. TOLEDO, Ohio, Oct. 9.—Forces are gathering here for the Ramsey-Gould battle tomorrow. Ramsey, E. B. Pryor, Wells Blodgett, C. N. Travery, B. C. Winston and G. A. Francisco arrived this morning. The eastern delegation will arrive this after noon. Ramsey says that the St. Louis court's decision is just as if he knew a man intended stealing and then let him do it. Gould's attorney declares that the withdrawal of Ramsey's ap plication is an admission of defeat. Ramsey's attorney denies this and says the election will see another fighr. At the opening of court this after noon Ramsey's counsel announced a telegram from St. Louis regarding the adverse decision, in view of which fact there was nothing to do but with draw the application for different In spectors. Attorney Doyle said he did not agree with the decision, but accepted it and withdrew his appli cation. Colonel S. C. Reynolds, a Wabash director, declares that Gould has already won the contest. He says that " Gould has been conducting a "gumshoe campaign," which is al ready victorious. Ramsey has given up the fight for control of the Wabash. Daughters of Liberty Hold Meeting. YORK, Pa., Oct. 9.—The Pennsyl vania state council of the Daughters of Liberty opened its annual session here today with a large attendance. Nearly five hundred delegates are present and the local members of the order have made special efforts for the entertain ment of the visitors from other cities. The convention is of particular Im portance, as several vital changes In the constitution and by-laws will come up for consideration. SENATOR FULTON ON WITNESS STAND Identifies Letters He Wrote to Land Department Urging Approval of Bogus Claims. PORTLAND, Ore., Oct. 9.—Senator Fulton was called as a witness In the Jones land fraud trial this morning. He identified letters written by him self urging the approval of the al leged fraudulent claims in question and recommending the defendants. The letters asked that proceedings be delayed until Fulton had time to In troduce in congress modifications In the land laws that would be more favorable to old soldier applicant*