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OAILYEVENINGEDITION 0A1LYEYEI1IIIGEDITI0K Pendleton mures are filled-with at tractive goods at the moBt reason able prlcea ever to prevail In the inlund empire. Read the adver tisements for partlouli . WKITHEH FORECAST. Rain or snow tonight ands Thursday fresh southerly winds. Sunrise 7:29; sunset 4:46. VOL. 20. PENDLETON, OKKCJON, TIIUKSDAY, JANUARY i). Ii8. NO. 6174 MR I ulOD Gambling Will be Strictly Barred Under New Ad ministration. TREASURER'S BOND REDUCED TO HALF rtrtlrlrur Maror Fee's Little Joke Policy of New Administration Ful If Defined by Mayor Murphy Committees Selected With View to Peculiar Fitness of Each Council' man for tlie Potation Present Ap pointive Officers Retained Minor Business. With a full attendance of council men and the best of feeling prevail lng the new city administration began Its career last night Brief addresses were made by Retiring Mayor James A. Fee and his successor, Mayor Mur phy. some remarks of the latter be In esoeclally significant. The entire set of present city officials was re elected unanimously and the treas' urer's bond reduced from $50,000 to 125,000. Retiring Mayor's Jest. When the council meeting opened Judge Fee took his accustomed seat at the head of the aldermanic taoio, much to the surprise of tome who did his motives. He then addressed the council and de elared that he still held office and th.i th.v ron Id not oust him. At this a look of blank astonishment oc cupled the face of Councilman Joe Ell. while aome others snmea ner vously In their chairs, fearing they were in for one more round with the retiring mayor. However, he quic ly dispelled all fears by Introducing ' Mayor Murphy, for whom ne vacai ed the chair. Gambling Is Barred. TTDon taking; the chair Mr. Murphy addressed the members of the coun ell briefly, outlining some of his pol and offering a word of advice itteemen. He assumed the chairmanship of the po lice committee himself and announc ed that as during the past two years mhiinir would be strictly rmrrea -.1.1.1. .v. Kltv Aroordlnff to his - .tAtomont the police committee In tends to see that there is no gambling within the city during the present administration. In apeaklng of the different com rmtteemen the mayor called attention to the difficulties before the finance committee because of the financial strain and asked all members of the council to co-operate with that com mlttee. He then urged that the II cense committee act with care In the granting of liquor licenses so as to .... -..Konniw.nt trouble and he H1VI J " - i .ha utront committee that mil iiu v.- . - - - they had much headache In store. Later on during the meeting. Maj or Muphy stated that In his Judgment all the present city offices snouia oe retained and each councilman assent ed to Such a course. So It Is prob able no further action will be taken " in the matter, all of the present men holding without Interruption. Treasurer's Bond Reduced. Through the action of the council the bond to be furnished by Harry Thomnsnn. new city treasurer, was placed at $25,000 instead of $50,000 as In the past. This was done be cause the balance in the treasury Is usually less than the lower bond. Mr. Thompson was present at the meet ing last night and was granted a month's leave of absence. He re turned to Spokane today, where he has been for several weeks. Bids for city printing are also to be called for and last night a commit tee composed of Councllmen Strain Stroble and Montgomery was named. Separate contracts are to be left for advertising and Job work. A petition asking for a street light at the corner of North Main and Wilson streets was referred to the street committee. Another petition asking for the grading of Wilson street between Jefferson and Madi son was granted. The liquor license held by Jesse Sellers & Co. was trans ferred to Ben Morton, while that held by Striker & Co. was transferred to Ed. R. Strahorn. The annual report of the city re corder and the monthly reports of that officer and of the treasurer were read and filed. An adjourned meeting of the coun cil will be held Saturday evening to hear the street committee's report up on work being done by Newport & Son. Muncle, Indiana Is patrolled by a force of BOO business men who have been sworn In as deputy sheriffs. The 12 companies of Infantry and one battery of state troops are camp ed about the city. un of new ura SETTLERS LOOSE WATER RIGHTS Milk River Suit Settled Adversely for Irrigation. Washington, Jan. 9. A decision wes rendered by the United States su preme court today In the case of the United States against Henry Winters and others involving the right to the waters of Milk River In northern Montana In favor of the United States. The suit was Instituted by the gov-t ernment in the Interest of the Indians on Fprt Belknap reservation for the use of whom the rater was appro prated. In 1889. Subsequent to that time Winters and others constructed a ditch whose headgate was above the reservation, on Milk river, and through which all the water of the stream was secured. The company sought to obtain an Injunction, which was granted by the circuit court of appeals. The ditch owners then brought the case to the supreme court, which, In Its decision today, affirmed the findings of the lower courts. The court's opinion was announced by Justice McKenna. EDITOR PUTNAM ON TRIAL. Clulm District Attorney Is Attempt lng to Muzzle Pre to Gain Immu nity From Criticism. Medford, Jan. 9. The trial of Edl tor Oeorge Putnam of the Medford Tribune, upon the charge of libel will probably commence tomorrow in the circuit court at Jacksonville. Putnam editorially criticised the district attorned and grand Jury for not bringing In a true bill In the cas of a notorious assault. Putnam alleges that the district at torney is attempting to murz'e the freedom of the press in order to gain Immunity from criticism. The case Is attracting wide attention. AFTER THE TRUSTS. Portland City Council to Make Inves tigation and Bring Action Under Ordinance. Portland, Jan. 9. Alleging that number of trusts were dominating the city in a number of mercantile lines, the city council last night In structed Mayor Lane to appoint committee of three to Investigate the alleaed drayman's trust and retail grocers trust with a view of bring lng prosecutions under the municipal anti-trust ordinance. Other trusts will also be Investigated and If they Infringe on the city statute, will be prosecuted. CanallaiTPaciric to Take C. & G. W. Wlnnepeg, Can., Jan. . n is ru mored here today that the Canadian Pacific is planning to take over the rhlenao and Great Western road which went Into the hands of a re ceiver yesterday. Retail Grocers' Association to Meet. Portland, Jan. 9. The Retail Gro cers' Association of Oregon will meet in Portland on January 21 and 22, IT o. R. & N. AND TRACTION COMPANIES CLASH Attempt of Traction Company to Cross O. R. & N. Track to reacock Mill Was the Cause of tlie Mlnla turc War String of Empty Cars Thrown on Sidetrack Blocks Pro gress of Traction Company. A miniature railroad war is in pro gress at .rreewaier ana oiuion De tween the O. R. & N. company and the Walla Walla Traction company and for the present the O. R. St N, victorious. The clash came over an attempt of the Walla Walla Traction company to cross the O. R. & N. tracks in reach ing the Peacock flour mill. To pre vent this three O. R. & N. cars were derailed at the point where the trac tion company Intended to cross the Q. R. & N. track, and later when It was seen that the traction company was determined to cross the O. R. & N. and reach the flour warehouse at any cost a string of 28 empty cars were rushed into the siding by the O. & N. Co., completely blocking the progress of the electric company. Rivalry between the two companies for the business of the Peacock mills precipitated the fight and the outcomo Is yet doubtful. Temporarily, the O. R. & N. company Is in the ascend ancy, but it Is believed that the trac- on company-will ask the courts to give it a right to cross the track of its rival and thus have access to the mill and warehouse of the big flour manufacturing concern which fur- Ishes much business for the rail roads. It was declared today by' an offi cial of the traction company that the bitter rivalry aroused between that company and the O. R. & N. would probably result in the extension of traction lines to every town in the orthwest now supplied by the O. R. N. company.' I 11 APPELLATE SETS Finding Reverses Trial Jury ' State Public Offense. Kill I re Graft Situation and Legal Trial Court Ordered to Sustain Tluit Indictment Did Not State and Tliut Defendant Must Be Will Free Schmltz From County i Extortion Indictments May Not Bo Heard! Ruef Has Dramatically Confessed, to Act Which Appellate Court Holds Is Not Criminal- Great Victory for Schmltz'a Attorneys Ruef Is Pleased But Refuses to Talk. San Francisco, Jan. 9. Ex-Mayor Eugene E. Schmlts won a sweeping victory in the district court of appeals this morning which handed down a decision not only reversing the decis ion of the Jury which convicted him of bribery and for which he was sen tenced to five years in San Queritln by Judge Dunne, but ordering the trial court to sustain the demurrer of the defendant on the ground tat the Indictment did not state a puallc offense or unlawful Injury and that the defendant be discharged upon tla Indictment. '' i' This will probably release Schmlts from the county Jail and it Is not probable that he will be tried on the many other extortion Indictments, i He Is also Jointly Indicted in toe United States Railroads, Gas, Park side and Telephone cases with Ruef and various capitalists. ' FALLEN BOSS ISlSLOf HESS SELECT COMPANY Abe Ruef, Behind Bars Has Time to Think Over Past Political Powers. HIS COMPANIONS ARE BANK WRECKERS AND GRAFTERS One Time Political Iveador, Serene, Piquant Scoffer at Human Inter ference 1-iones La light Again Ignominy of Jnll Inmates Repre sent Cross Section of Worst In American Buslnet ami Political IJfe of Present Day. San Francisco, Jan. 9. Abraham Ruef spent his first night in a cell last night, hemmed in by the steel bars withjjut little besides recollec tions of his days of power as a solace for the night hours. Ruef, one time political leader of California and undisputed master of three political parties in San Fran cisco, serene, piquant scoffer at hu man interference, has lost his last fight against the ignominy of Jail. With him now are J. Dalzell Brown, James Treadwell and Walter J. Bart nett," Imprisoned because of Califor nia Safety Deposit and Trust frauds; Eusene Schmltx, former mayor and tool of Ruef, and Louis Glass, the telephone magnate who tried to buy up the hoard of supervisors without doing "business" with Ruef. In these men is fitly represented a cross section of all that is the worst In American business and political life of this day. Ruef's cllsorshlp ended yesterday when Sheriff Dolan took his office upon an order by Judge Dunne, who Issued the committment. After diligent search among the scattered settlements of two Umatilla county precincts', the county court has failed to find sufficient voters to fill out the election boards properly and so the court will name those who served on the boards two years ago In hopes that on election day suffic ient voters come out of the woods to conduct the election. Otherwise It Is likely that no election will be held In Ither of these unfortunate precincts, Hlnpham Springs and Ruddock, on the Umatilla river, 20 miles east of this city. HDi TWO VOTIIIC PUTS EUGENE SGHMITZ FREE and Declares Indictment Did No Proceedings Tin-own Into Confusion Demurer of Defendant on Ground a Public Offense or Unlawful Injury Discharged Upon This Indictment I Jail and Probable That Remaining The decision of the appellate court throws the entire graft situation and legal proceedings Into unexpected confusion. Ruef Is In a peculiar sit uatlon ' of having very dramatically confessed to an aet which appellate court has decided Is not criminal. The decision of the appellate court reverses practically every Important ruling made by Judge Dunne during the trial and is a great personal trl umph for attorneys Charles FairaU and Joseph Campbell, who drew up the bill of exceptions In the case and made the most of the argument on the objections. When told of the result of the Schmlts appeal Ruef appeared great ly pleased, but refused an interview, As the decision of the appellate court is thoroughly examined the more sweeping and conclusively in favor of the defendant it appears. Actress to Be Held for Con. ternpl of Court for Tearing . Up Writ. WOMAN WHO INTRODUCED THAW TO EVELYN WAS MAD Suhoeiia Served on Her Wlillo Site Was Sitting In Audience at Grand Opera House Last Night Tore Writ in Two and Declared Slie Would Pay No Attention to H Tenth Juror Selected Tills Morning Is Insurance Broker. New York, Jan. 9. The trial of Harry K. Thaw opened this morning with nine Jurors in the box. Shortly after the session commenced Frank Manning, an insurance broker, was examined and tentatively accepted as the 10th Juror. There is a strong likelihood that Edna Goodrich, the actress who In troduced Harry Thaw to Evelyn Nes- bit, will be held for contempt of court if the story that reached Judge Dowllng is true. It Is said that while Edna was sit ting in the audience of the grand op era house last night she was served with a subpoena taken out by Attor ney Littleton. The man who served the writ re proted today that in a burst of an ger Miss Goodrich tore the writ in two and declared that she would pay no attention to It. After the peremptory challenges were filed today only six of the orlgi nal Jurors remained in the box. Matthias B. Welles and Lincoln A. Muart were tentatively accepted as Two years ago but 10 votes were cast In Bingham Springs precinct and 11 In Ruddock, but as many of these were small stockmen and wood chop pers, they have moved to other sec tions of the county and to this city and It is impossible now for the coun ty court to find sufficient bona fide settlers In either to fill out the elec tion boards. The voters of those precincts can vote in other precincts for state of ficers, but not for county or precinct officers and so it Is very much desir ed that elections be held in both precincts. 1 the seventh and e'ghth Jurors In the Thaw case this afternoon. FAVORABLE REPORTS ON BILLS. Senate Committee Favors Second Homestead Bill. Washington, Jan. 9.' The senate committee on public lands has auth orized a favorable report on the sec ond homestead bill. Thu bill permits a homesteader who makes an unsatis factory location through mistake to make a second location providing he has relinquished his claim. Arguments Close In Boundary Case. Washington, Jan 9. Arguments were closed today in the Oregon Washington boundary dispute before the supreme court by Attorneys Mc Donald and Crawford, Senate Favors Survey. Washington, Jan. 9. The senate today passed a resolution providing for the preliminary survey of the Co lumbia river In Washington betwesn Wenatchee and Priest rapids. MRS, FRED BRUCE DEAD. Former Pendleton Girl Died at Baker City Leaving Throe Little Child ren. Mrs. Fred Bruce of Baker City, a daughter of Mr. and Mrs. R. E. Ha ger of Bingham Springs, and a slBter of Mrs. Lee D. Drake of this city, died Tuesday night at Baker City following a brief illness brought on by the birth of a little son on New Tear's day. Beside the Infant son she leaves a husband and two other small child ren to mourn her untimely death. Mrs. Bruce was reared in Umatilla county, where she was married and with her husband moved to Baker City a few years ago. Aside from Mrs. Lee Drake of this city is another sister, Mrs. Bert Geer of Corvallls. Mr. and Mrs. Hager and Mrs. Drake wpre present at the time of her death and Mrs. Drake wjll bring the Infant son home with her for a time. Suit on Nte for $2600. A suit for collection was filed in the circuit court this morning by A. An drews against J. A, Cresswell to col lect the sum of $2(00, said to be due upon.A.aote.du -November 1. The sum of $250 for attorneys fee is also asked. The sum was filed by McCourt & Phelps. Whooping Cough Prevalent. A mild form of whooping cough is now prevalent among the children of the city, about 25 cases being known of at this time. While none of the cases are serious a number of children are out of school with the disease and physicians urge that great care be taken to prevent taking cold, Y. M. C. A. for Starbuck. An effort will be made by the Wal la Walla T. M. C. A. to organize t local of that organization In Starbuck where it Is thought 199 members among the railroad men can be se cured. BROTHERS MEET AFTER 19 TEARS TEARS OF JOY FILLS EYES OF EACH UPON RECOGNITION. TlxMiias Baker Arrives From Ne braska Unannounced and Hunts Up His Brother, William Meeting Arranged by Son of Latter Talked Real Estate Deal for Several Mo. ments Before Disclosure of Identi ties Were Made. For the first time in 19 years two white-haired brothers met here this morning and with one so many changes had been wrought by the hand of time that he did not recog nize the other until he had talked with him for 10 minutes. The broth ers are William Baker, father of John Baker of the Baker & Folsom firm, and Thomas Baker, who lives at Fairbury, Neb. This morning the brother from Ne braska arrived unannounced and he sought out his nephew in his furni ture store. Going into the store he kept his identity to himself and told Mr. Baker he wished to buy a buck saw. However, he was immediately recognized by the merchant as being hla uncle. It was then decided to test the eye sight of the Pendleton brother and Mr. Baker 'phoned his father that gentleman wanted to see him re garding the purchase of a piece of property. The elder Baker came own soon and his brother was in troduced as "Mr. Waggoner." For 10 minutes the two brothers then talked business and during that me the Tendleton man was Ignorant of the fact that he was negotiating trade with his brother. When he finally learned who he was dealing Ith, tears came into his eyes as he reached out his hand to grasp that of his relative. Americans spent JS, 000, 000 for au tomobiles during the year 1907. JAPS W STRIKE IT Mil MOMENT Hudson Maxim Says They Are Rushing Preparations for War, GAME TO PLEAD POVERTY" AND RUSH PREPARATION Startling Announcement Made bj Member of Big Arms Manufactur ing Company -Says Mistake to Be lieve Japan Is Financially Embar rassed Are Merely playing at a Old Game at Which They Ar Clever. Washington, Jan. 9. "Japan la rushing preparations for war and. may strike us at any minute." This was the startling announce ment made by Hudson Maxim, member of the big manufacturing : arms company, who Is now visiting In Washington. "It Is a mistake to believe that Ja pan Is financially embarrassed," ha -continued. "It's Japan's old gam to rush war preparations and com plain about being poverty stricken at the same time." Russians Ridicule Oktuna. St. Petersburg, Jan. 9. Men high In the Russian court are openly ridi culing Count Okuma's version of hla Kobe rpeech which so aroused th anger of Japan's allies In Great Brit ain. In this speech he is quoted as hav ing urged the East Indians to rise up. egalnst the British rule n Indiaw Russian diplomatlssts secured report of Okuma's speech immediately after It wt delivered. . .OJcuma dclarep that he was mis--quoted in relation to his alleged statements urging the Indian upris ing, but the Russians stato that Oku ma's declarations do not jibe with their reports of what he actually -said. Banker Kills Himself In New York- New York. Jan. 9. William B. Nevin, a former member of the stock exchange, committed suicide this morning by throwing himself In front of a subway train. The body was terribly mangled. Financial losses caused the act. MERMISTOX PETITION DENIED. Holds Precinct Petition Should Have Been Acted on at November Term. Acting upon the advi.:e of District Attorney Phelps the county court yesterday afternoon deniivl the petl- lion for an election precinct lor Her- miston. Consequently the Hermlston- lans will again have to go to Echo- to vote at the .tate election. In his opinliii the district attor ney held that under the law a pre- elnrt pcf'tlon should have b"n acted on at the November term of court. That it was not held becau.-e of the holidays, but the holidays is not a sufficient excuse for any action now as there were two days during the period upon which the court could have met had It but known so. SUIT FOR GUARDIANSHIP. Intereinlng Probate Court Controversy Developing Over Care of nohnes Children. An interesting probate court con troversy has developed here in the proposition of a guardian for the chil dren of the late Mrs. Pearl Wegner. The children were by a former hus band, W. A. Holmes, and upon the death of the other he de sired to become their guardian. However other relatives yesterday pe- titioned the county Judge, through Attorney W. C. E. Pruitt, to have Mrs. A. Knotts, a sister of the deceas ed, named as the guardian. This was done and so the only re course Holmes now has will be to bring suit to have the guardianship -changed. This it is said he may do. There are two children, a box of sev en and a little girl aged six.,. "Well Named" Profluets of America. French wines made In California. Imported silks manufactured In New . Jersey, pure Java coffee grown In Brazil, Japanese pottery molded at Trenton, English tweeds woven in Philadelphia, Scotch whiskey distilled in Tennessee, Havana tobacco cured at Oroflno and Malaga grapes rip ened at Lewlston such are a few of ' the "well named" products sold ' in i America today. Lewlston Trlhune Child in IIvjltnI. The two year old daughter of Mr. and Mrs. R. E. Thorn of Hermlston. has Just been brought to St. Anthony's' hospital In this city with a severe at-, tack of pneumonia. Mrs. Thorn Is at the hospital with the child while 'Mr. Thorn returned home today for a 'brief visit.