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EVBIEEDITIOir TVEATHER REPORT. Fair tonight and Sat urday. Take your ftor new to the people and the people will bring their patronage to year etor. VOL. 21. PENDLETON. OREGON. Fill DAY, JUNE 12. 1908. s NO. 6306 JUDGE EILULAi ISSUES PROHIBITION PROCLAMATION Circuit Judge Bean Refuses to Grant Temporary Restraining Order at Request of Liquor Interests. To Make Matter Doubly Sure, Two Derives . Arc Issued, One. Being Signed By Judge GlUiland ami One by Judge and Commissioner Salo of In toxicating Liquors As a Beverage In Umatilla County Entirely Pro hibited Lawyers Ilavo Strenuous Trip to Heppner in Vain Unable to Present Tlielr Case Until Late In lie Afternoon and Then Aro De nied Bean Agrees to Hear Tlielr Complaint Before July 1, If Tlfcey Have One to ITcsent ProlUbltlonlsta Rejolfe and Judge Bcun Is Commended Court House Officials Feel Relieved Generally IJe lleved in Official Circles Tliat Fight Will Be DropiH-d, for Case Is De clared to Have No Merits. ' CRAZY; .MUST SING FOR HIM. Insane Cuplor Make Life J',werubIo for Minister. i Seattle, Wash., June 12. T ' Rev, E. L. Benedick, pustor of th' 'Green Luke Methodist Episcopal clM'ch of this city, was this morning : jat 'clo'.'k compelled to accompany a lun atic to the church and there iay and sing for him continuously far more than three hours, while at the name time the crazy captor, who Is one of the minister's parishioners, occupied the pulpit and delivered an intoher ent harangue. The lunatic, whose name Is Van Houten, lured the pastor to his church on the plea that he peeded prayer. The minister appreciated the mental condition of the man, and be fore going with him telephoned to police neauquurters. as nin cnurrjn Is far fram the center of the city three hours of captivity clapsCd before the rescue. When the police arrived at 7 o'clock they found both men silently eying each other anc! showing complete exhaustion. Van, Houten will be committed to the In .;, no asylum at Stellacoom. Be It remembered, That at a special session of the county court of the state of Oregon, for Umatilla county, begun and held at the county court house, in Pendleton, In said county and state at 10 o'clock a. m., on June 12th, 199 8, pursuant to law, there were present HON. T. P. GILLILAND. County Judge. FRANK SALING, County Clerk. T. D. TAYLOR, Sheriff. G. W. PHELPS, Dist. Atty. ' Whereupon, the following proceedings were had: In the matter of an election held On the 1st day of June, 1908, to de- termlne whether the sales of Intoxicating liquors as a beverage shall be prohibited In the county of Umatlllu, as a whole. Now, on this 12lh day of June, 1908, It appearing to the court that at the election duly petitioned for, and notices of which were duly given, and posted as provided by law, and held on the 1st day of June, 1908, to etermine whether the sale of intoxicating liquors as a beverage should be prohibited In Umatilla county, Oregon, as a whole. And it duly appearing to the court from the abstract of votes made by Frank Sallng, county clerk of Umatilla county. J. F. Wal- lan. Justice of the peace for Adams district, and Abe Miller, Justice of the peace for Alta district. In the said county; that in said Uma- tlla county, Oregon, at said election the votes for and against such prohibition were as follows: For prohibition, 2334 votes, against prohibition 1640 votes. It therefore appearing to the court that at said election, In Umatilla county, a majority of the votes cast were for the prohibition of the sale of intoxicating liquors, as a bev- erage, within said county, It is therefore hereby ordered by the court that the result of said vote In Umatilla, be, and the same Is hereby . declared to be In favor of prohibition of the sale of Intoxicating 11- quors, as a beverage In the whole of said Umatilla county. And it Is hereby ordered, adjudged and decreed by the court that the sale of Intoxicating liquors as a beverage, within the limits of Umatilla county, state of Oregon, be and the same Is hereby entirely prohlb- Ited, except for the purposes and under the regulations prescribed by law, on and after July 1, 1908, and until such time as the qualified voters therein at a legal election held for the purpose, by majority votes decide otherwise. Dated this 12th day of June, 1908. T. P. GILLILAND, County Judge. By the above decree shortly after 10 o'clock this forenoon the fate of the liquor business In this county is sealed, for the proclamation was Is sued after attorneys for the saloon men had tried In vain to secure a re straining order from Circuit Judge H. J. Bean. At 5 o'clock yesterday afternoon Attorneys Winter und Richards ap peared before Judge Bean at Hepp ner and asked for the temporary re , straining order prayed for the com plaint filed for Anton Nolte yesterday. After listening to the arguments of the attorneys, Judge Bean held that a restraining order was not necessary and ho declined to Issue the same. The court held that It would be pos sible to try the cass upon its merits before July 1, nt which time the pro hibition law Is to go Into effect. Falling In their efforts, the two lawyers left Heppner by auto at 7 o'clock last evening and they arrived here at 11 o'clock last night. Whether or not the Nolte case will now be tried out upon Its merits the attorneys do not say. Prohibitions Rejoice. Among those who voted for prohi bition, and among many others also, there Is much commendation for the action taken by Judge Bean. The move of the saloonmen was regarded by most people as purely a play to gain time and If possible to block prohibition by technical quibbling. The failure of the movement wm therefore greeted with approval by those who dislike to see the scales of Justice tipped by legal technicalities. Court House Relieved. At the court house there was also much relief this morning when It was found that the restraining order had been denied. The county court, the clerk's office and the sheriff's of fice were nil seriously affected by the suit brought yesterday, for It was known that if the charges made In the complaint could be sustained there would be dire restitution in store for those responsible. Now thut the restraining order has been refused. It is generally believed in official circles that no further steps will be taken by the saloonmen for they declare that the Nolte case will not get far when tried upon Its merits. Aside from the official proclama Hon Isued by Judge Gilllland this morning and a copy of which Is pub lished above, another order was nl- J so made. It Is very similar in form to the above, but is signed by Judge Gilllland and Commissioner Lee In stead of by the court alone. This or der was made out of an abundance of caution, for which It Is known that the county Judge Is the one to Issue the proclamation. It was thought the point might be raised that the com missioners Insead of the Judge should Issue the order. By the precaution taken any contention upon this point will be avoided. TEMPORARY REPRIEYE. Fortune Teller Given n lw More Day of Life. Chicago, June 12. Federal Judge Landl today granted Herman Bllek. the condemned murderer, a tempor ary reprieve, as a result of the he roic measures adopted by his friends. Iwindis will decide whether Ulleke's appeal Is In the state or supreme court. Governor Dent en and the pardon board took up the case at 1 this morning after refusing to grant the pardon. Ulli k's two daughters accompanied Father O'f'allaghan on a speaking tour of the city In the Interest of llllek. DESTROYING HISTORIC ROUSE Former Himie of Edwin Booth Being Shaken IHmn. San Francisco, June 12. Although It survived the fire and earthquake, the former home of Edwin Booth, the great actor, situated on Telegraph Hill, In this city, Is threatened with destruction by dynamite In blasting operations for the location of a cot tage on the very point of the hill. One more charge of dynamite will send It to destruction. Booth lived here from 1852 to 1 ST.fi. At that time Telegraph Hill was the center of San Francisco's social life. MR HE All E11J1 Say Injunction Suit Was Not Brought as Attack Upon County Officials. TWO POINTS AT ISSUE ELUCIDATED Grounds Upon Which Attorneys Base Tlielr Hopes of Having Prohibition Vote Declared Illegal Are Two In Number1 Declare Court Wus Not In HeHKlon and Thut Notices Were Not Ported As By I,uv Required Signed Statement by Lawyers Em ployed by Liquor Interests In l ight for Self Preservation. HE 0 m T DAMAGE AMOUNTS TO HUNDREDS OF THOUSANDS. Rig Kansas City Establishment Burns Willie Fin-men Are Shut Off by FIimkI and Are Powerless to Ren der Assistance Explosion In Sau sage I'vctory Staits Conflagration Which Spreads Rapidly. EXTRA m It is estimated that 1000 extra passengers have passed through Pen dleton, east and west, during the past week on account of the tie up of the , Northern Pacific lines In Mdntana. Three full trains passed through here In the early part of the week, while one and two coaches have been at tached to a number of O. R. & N. trains in addition to the full trains. The tie up Is still on and It Is probable that It will be several days before through tickets will be sold over the Northern Pacific. The com pany Is making heroic efforts to clear the lines but the rains of the past two weeks have simply raised every stream along the line to the magnl. tude of a river and now that the warm weather Is on It Is probable that melt ing snow will further raise the same streams. The transfer from the main line of the O. R.. & N. to the Spokane branch at this place has been very heavy during the entire week on ac count of the congestion on the North ern Pacific. As many as 100 people have come In on the Spokane train several evenings to take the east bound train. Kansas City. Mo., June 12. The Hg Nelson Morris packing plant Is burning and Is apparently doomed to destruction. The property Is in the flooded dis trict and It is Impossible for the fire department to reach it. The fire Is spreading rapidly, thousands witnessing It but helpless to combat it. It Is estimated the loss. to Morris will be hundreds of thousands of dol lars, two buildings are entirely de stroyed. Fire started from an explosion In the sausage factory. At noon the fire was still raging. The firemen finally got near enough to prevent the fire from spreading further. The company's plant Is val ued nt $1,500,000. CURRENCY REGULATIONS. National Banks Told What They May Do to Secure Issue. Washington, June 12. Secretary Cortelyou today Issued a circular to all national banks setting forth the regulations which must be followed In forming the National Currency as sociations. In part It says: "National banks occupying continuous territory may organize national currency associa tions. There must be at least. 10 banks In each association and the ag gregate capital and surplus of the banks must be at least $5,000,000. No bank may Join an association unless It has an unimpaired capital and sur plus of not less than 20 per cent." The circular then explains the pro visions of the currency law. I Expresman Arrested. Oakland, June 12. James O'Con nell, an expresman from St. Paul, was arrested last night, suspected of complicity In the recent dynamiting of safes at the Southern Pacific sta tion at Melrose and San Leandro. Pendleton, Ore., June 12. To the Editor) Since the suit . instituted on yesterday to test the legality of the recent local option election is one of public Interest, there ought to be a clear understanding of the Issues Involved. In the first place It should be re membered that the result of such elctlon, if valid, Is to practically con fiscate the property of many men by the destruction of their business, and the law provides no compensation. It is no answer to say that the business so destroyed is questionable In mor als. The law for centuries has rec ognized it as legitimate. Under such circumstances, there fore, considerate men will recognize the rl?ht of men whoso entire prop WJu '.ijaTJeopa!ulVd to Insist that ifdeslructlon Is to come It must come legally. With them It Is not a queg. tlon of ethics, social or moral, at this time. It is the cold, hard question of self protection, which sometime o other may touch us all. These men employed lawyers whom they regarded competent, therefore, to examine the record of the election to ascertain whether or not the pro feedings were legal, not for the pur pose of any attack upon public offi cials or Individuals. Nobody ques tions the entire good faith of the men upon whom the law Imposes the duty of superintending the various steps necessary In an election. Such ex amination disclosed two things which seem to Invalidate the vote on local option in this county, and relying up on these especially the suit has been Instituted. They are these: The record shows that a few days before the date of the order of court directing the elec tion upon the local option petitions the county court adjourned, not to any future time, but adjourned. If the language of such record is true then in law It adjourned for the term. Such has been the decision of the courts of other states clearly. If a final adjournment was thus had the order made by the judge directing the election was void because nn in dividual cannot make such order, and the court having been adjourned for the term" there was no court to make such order. Such situation Is no reflection upon either judge or clerk. That method of adjournment seems to have been long the custom here, and does not relate to that month or to this case. The question Involved is purely a legal one; the suit Is ' based upon the decisions of other states, an ' the decision of the Oregon supremo court. Our court has rendered several decisions con struing the local option law and in every instance where the subject has been before It, it was held that an order made by the county Judge or commissioners, when the court is not in regular session is void. The other vital question Is the place of posting the notices of elec tion. The law directs that there shall be five notices posted in each pre cinct, posted IN THE VICINITY OF THE POLLING PLACE OR PLACES. The return of such posting Indicates that there is at least some question whether that portion of the law was complied with. This too, Is a legal question and Involves the reasonable construction of the term vicinity as used In the statute. No election can be valid without the notice thereof which the law of the state requires. There are other matters pleaded, but these are the things especially re lied upon. Courts always are reluc tant to declare any election void, ex cept for fraud, but they sit to construe and administer the law, and wher an election Is clearly Invalid, they have Invariably so declared It. The supreme court of Oregon has already declared that the local option elec tion Is special In character, and that every provision of the statute must be strictly followed. If In this case the- court should find that there was no county court sitting in this coun ty when the order authorizing the election upon local option was made, or that there was a non-compliance with the law as to notices, there clear ly was no election. This statement Is made that the public may understand the Issues In- WOMAN SUICIDES RATHER THAN MURDER. Ravel, June 12. It leaked out today that a woman school teacher thwarted a plot to kill the czar Just after the ceremo nies in the Gulf of Finland on the occasion of King Edward's visit. The woman was picked upon by nihilists to throw bombs to kill the czar and en tire family. She committed suicide rather than throw the bomb. ' volved, and that no Injustice may be done the public officials. They hav performed their, duty as they under stood It, and the questions presented the court are legal ones. The preliminary Injunction was sought only as an incident to the proceeding in the hope that the ques tions at issue might be tried out In a civil suit before the final order upon the election was made and before July 1, and In the belief that thus pos sible future criminal trials Involving the validity of the election might be avoided. Respectfully, HALEY, RICHARDS & RALEY. LOWELL & WINTER. MUTT Bill m on SHOOTS WOMAN AND HIMSELF. Sacramento, June 12. Because Eva Williams, a beautiful woman, refused to forsake her wayward life and mar ry him, Charles Stevens, a prosperous liquor man, today shot and wounded here while she was sleeping In a lodg ing house. As the police approach ed Stevens shot himself through the brain and dropped dead. The woman will recover. Four, bullets took ef fect In her body. EIGHT USED III GIVE MBS APPEAR REFORE U. S. COMMISSIONER HAILEY More Than $3,000 Subscrib ed by Pendleton People and More to Come. COMMITTEE CANVASSING IN WEST END TODAY. Bureau Meeting With Encourage ment and There Is No Longer Any Doubt That th Necessary Fonda Will Be Forthcoming Six Thous and Dollars Is the Minimum Sam . to Be Raised and Outside Towns In the County Will Easily Make Up Tills Amount Returns for. Work Will Come In Future List of Tliosc Who Have Subscribed. Amount for Each Count Is $2000 Colonel J. H. Raley Compelled to Put Up 12,000 to Insure IBs Ap pearance pi Portland on First Day of Court Raley Says He Will Not Plead Guilty ami Spurns Offer ot, company, Peoples Warehouse, R. Al With $3420 already subscribed to wards the fund for the publicity bu reau and more money being secured each day, prospects for the advertis ing bureau are bright. That a fund of at least $6000 can be secured Is now believed by the committee and the members are working hard to raise that amount. Every cent of the money subscribed c-0 up to this time is being given by Pendleton people or business concerns Bnd much more money will yet be raised here. Then a considerable amount Is expected from the other' townt' of th county all of which 'will likewise share In the benefits of the advertising to be done. This morning T. C. Taylor, R. Al exander and A. L. Knight, three members of the committee, left for Echo and Hermlston' to meet with the people of these two towns. As the west end more than any other section of the county. Is now ready for development it is believed that heavy contributions will be made by the people of that section. The following is a detailed list cf the subscriptions to date: Twenty-five dollars a month Pen dleton Sayings bank. Commercial Na tional bank, First National bank. Fifteen dollars a month Masonic Hall association, Columbia Bridge Light Fine. Eight of the Umatilla county men Indicted for conspiracy to defraud the government out of land, appeared before John Halley, Jr., U. S. ' com missioner Halley, jr., today and gave bonds to appear before the federal court on the first day of the next term. For each Indictment a bond of $2,- 000 was set by Commlsloner Halley and those who have more than one indictment standing against them were required to give that amount exander and the Northwestern Gas & Electric company. Ten dollars a month E. J. Mur phy, Koeppen Bros., R. H. Wilcox Sc. Co., T. C. Taylor, Tallman & Co., Jack Huston, Pendleton Drug com pany. Five dollars a month Schwartz & Greullch, C. E. Roosevelt, C. J. Smith, . Gray Bros., G. R. Demott & Co., Bond Bros., V. Stroble, Hamtey & Co.. . Balfour-Guthrie company. For the Future. In soliciting funds for the bureau the committee argues that In order for each case iur i-iikiiiiui cuuiuy unu x-eouieion lu Those to give bonds today and the! keep even wltn othe-r sectlons ln number of Indictments standing against them were as follows: Col. J. IT. Raley, six: William Rahe. two: William Slusher, two; John Vert, one; C. W. Mathews, one; John M. Wynne, one: John W. Crow, one, and S. N. Olmstead, one. The bonds were , given to insure the appearance of the various de fendants at the times which will later be set for their arraignment. This morning Col. J. H. Raley stat ed to the East Oregonlan that he will plead not guilty to the Indict ments ngainst him and he understands that all the other Umatilla county men will' do likewise. Asked if the report was true that matter of development it is necessary for good systematic publicity work to be carried on. From this advertising they do not claim that results will bo forthcoming within a week nor even within a few months. On the other, hand, the bureau is put forth as ar.i investment for which returns In rhe form of settlers and new enterprises, , will be forthcoming for years. In soliciting subscriptions each man . or business concern is asked for a certain amount scheduled by the com. mlttee and In most cases the amounts asked for have been given. Business men have been especially good in contributing. Later on the commit tee hopes to enlist more property the Umatilla county .men had been owners In the movement and the pro- told that they would be allowed to go with a fine If they would plead guil ty. Col. Raley stated that such had been intimated to them, but that they choose to disregard the offer. He says that even If he knew he would be given but a slight fine he would prefer to fight the case in hopes of bowing his innocence.. There are a hundred "successful" men for one that Is contented. fessional men of the city will also be asked to contribute. Ioe Crushes Wlialer. Nome, Alaska, June 12. A report received here, says the whaler Wil liam Bailey, of San Francisco, lies crushed In the ice at Lawrence Is land. Captain H. H. Bedftsh was picked up by the Bowhead. The rest of the crew are on the Jeanette. All had narrow escapes. n wi hi ON STREET Two women fighting will never fall to draw a crowd and an episode of that kind which occurred on Court street this morning was no exception to the rule. About the middle of the forenoon today business men and travelers In the region of the corner of Court and Cottonwood streets were startled at a noise like a fe male fight. The participants were Mrs. Mary Coffey, well known resi dent of East Court, and Mrs. Harry Gibson, whose husband won fame a year or more ago by unfortunately Impersonating a federal officer. What the fuss was about Is a matter which concerns the ladies Involved. 1 Eye witnesses who saw the con test differ in their accounts of the same and to attempt an estimate of the work done on either side would be unjust. Fortunately the battle end- -ed without serious disaster to either side. Immediately after the combat one of the participants sought out Sheriff Taylor, while the other asked succor of Chief of Police Gurdane. However,, no official action was taken at thls tlme by either officer. Later ln the forenoon the affafr was placed up to C J. Ferguson, new deputy district attorney, and he set 2 o'clock this afternoon as a time lor listening to-the evidence- in the case.