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DAILY EAST OREGONIAN, PENDLETON, OREGON, MONDAY, JULY SO, 1908. EIGHT PAGES. PAGE EIGHT. We Are Headquarters for the Famous ECONOMY FRUIT JARS Once Tried, Always Used. Phone Your Order Standard Grocery Co. Court St., Opp. Golden Rale Phone Main 96 All CO. sum fur ste nnn UULU I VIII UlUjUUU fMATILLA COUNTY MAX IS THE VICTIM the defendant is not able to furnish a good title as It agreed to do as soon as he had finished paying for the place. The operations of the Columbia Southern Irrigation company have been under fire for some time, and jGerklng's suit Illustrates the position of settlers who have in good faith set tled upon the land and made improve ments on It J. N. B. Gerking of Athena, Seeks to Recover From Colombia Southern Company Money Sunk In Preparing IVm for Water Which Never Canie Salt Brought In Portland. ' .At least one Umatilla county man has been caught in the scheme of the dishonest irrigation company of cen tral Oregon and suit has been brought to recover some of the money "sunk" in the "Laldlaw lands. J. X. B. Gerking the pioneer ot Athena, who has been at Laldlaw for a number of years improving a tract of laad under the Columbia Southern Irrigation company's project, falling to secure water for his land, after he had spent several thousand dollars Improving It, has sued the company Tor Sit, 000 damages, the suit being brought in Portland. The Oregon Dally Journal says of the matter: Threatened with the loss of his home and the Improvements he has made on a tract of land in Crook county, J. X. B. Gerking has begun suit in the circuit court against W. A. Laldlaw for $16,000 damages. Laldlaw is a principal stockholder and general manager of the Columbia Southern Irrigation company, from whom Gerking purchased the land, but he says Laldlaw Is unable to de liver title without fraud upon the United States government and com mitting subordination of perjury in making proof. Gerking paid $6400 for the land and water right, and he says that with -the improvements he has made the -place is worth $16,000 today. He cleared 100 acres, seeded SO acres to alfalfa and planted the remainder to trees, berries and vines. He ran lat erals Tor irrigation and fenced the place, only to learn, as he says, that BANK IS GROWING. Commercial National Shows Excellent Increase In Buslaeas Since Last Report. The report of the Commercial Na tional bank of this city shows an ex cellent Increase In business since the last report was made on May 14. The total resources of the bank at this time are S3S9.470.2S and the sum of 49 per cent of the deposits are on hand in cash and in other banks. The loans and discounts amount to $155, 305.35, the cash on hand amounts to $126,583.32 and the deposits amount to $280,974.8. This shows an Increase of $48,824. 13 In deposits since May 14, the-tfme of making the last report. Paper from Prince Rupert L. A. Vogal who Is in Prince Rupert Canada, has just sent the East Ore gonlan a copy of The Empire a weekly paper published at that place, showing something of the growth of the count ry and of the progress on the Grand Trunk Pacific railroad now being built into that city. According to the Em pire the town is filled with Idle men and there is little chance for Invest ment yet The townatte la not open and no one can secure land In any way until it is opened. Work on the Grand Trunk Pacific Rupert east Is being rushed. Horse Turned "Fllp-Flop." While being harnessed yesterday afternoon one of Lalng & Russell's driving horses became frightened and proceeded to turn a back "flip-flop" on the floor of the stable. In falling, the animal struck the fifth wheel of a buggy, cutting a long, deep gash on the hip. Dr. J. A. Donahue who was called to care for the horse, was required to take 32 stitches in order to bind , up the injury. T BITES M E OF FIRE OPERATOR SAYS AUDIENCE WAS NOT IN DANGER. Sprocket Wlieel Caught for an In stant and Just at die Wrong Time lire Confined to Iron Cage Due to no Fault of tlie Operator. Pendleton, Ore., July 21, Editor East Oregonlan, I ask your Indulg ence of space to explain the cause of the fire at the Pastime theater Sat urday. First Because the entertainment by motion picture shows is very pa pular In Pendleton; second, because people fii'in mouth to mouth reports have an erroneous Idea as to the dan ger of said fire, thus Injuring a legi timate amusement; third, in self de fense In these days of progressive and rapid amusement, people will no longer stand for waits. The rapidity of continuous shows have forced the operator Into n position where he must be mpubhe of doing two things at once, most of the time. While one film Is running through the ma chine, in view of the audience, the operator must be rewinding the oth er reel, preparatory for continuous work, having It ready to at once take the place of the reel run through when It is finished, and so on ad in finitum. In Saturday's fire, for some un explalnable cause, the little sprocket wheel, which draws the film through the machine, failed to do its work for a second or two, thus allownlg the full glare of the Intense light to touch it while stationery, Immediately Igniting It. I was rewinding at the time, and in endeavoring to pull the burning film from the machine, It broke In two, dropping onto the oth er film on the rewinder thus placing me between two fires, and forcing me to Jump for safety. I never keep but one reel In the operating room at a time, except the few minutes It requires to rewind It and had the film Ignited at any oth er time, than when It did, there would have been no fire. A word to the public It was de monstrated in Saturday's fire, that with the Iron operating rooms with which all the moving picture shows are now equipped there is absolutely no danger to an audience. The fire at no time ever got out side the rage after I made my hurried exit after closing all the doors. The little scorching the woodwork on the front received was caused by Jerking one of the iron doors open after the fire was practically out I write this 1a Justification of my self, as an operator, and that the amusement loving people of the city may have no fear, at any time, of fire In any of our moving picture shows. Thanking you for your cour tesy, I am Very truly yours, WILL TRITES. WOLVERTON UPHOLDS LAWS. Federal Judge Renders Two Decisions of Intercut to Stock Shippers. Two opinions of vital Interest to shippers of stock and common car riers were handed down by United States Circuit Judge Wolverton this morning In two cases of the United States against the Oregon Railroad A Navigation company for alleged vio lations of the statute of 1906 dealing with the watering, feeding and rest ing of stock In transit The first case was presented to the court for decision on a demurrer Interposed by the railroad company attacking the constitutionality of the law. The railroad was proceeded against for having carried 81 hogs for a longer period than 28 hours with out unloading for feed, water ond rest and the written consent of the owner not being secured to the S6-hour clause of the law. Judge Wolverton In overruling the demurrer and thereby upholding the constitutionality of the act declares that the law springs from the prompt ings of humanity in addition to sub serving the Interests of the owner of the stock, in that the longer the stock goes without food, water and rest the greater the deterioration and loss of flesh. The main contention of the rail road was that as the law gives the owner the right to waive the 28-hour feature for a S6-hour period It placed legislative authority In the hands of the shipper, and the act was conse quently void. The cOurt decides ad versely, however, and overruled the demurrer. The other matter up for adjudica tion dealt with a shipment of 6$ head of cattle In two cars over the O. R. ft N. The railway filed a motion to de termine whether the law contemplat ed a separate penalty for each car of each shipment Judge Wolver(on etates in his opinion that the point In Issue was recently decided by the district court of appeals for the sixth circuit In that case the appellate tribunal held that where several shipments belong ing to different owners are hauled on the same train and the ' transporta tion company is derelict a penalty is recoverable for each shipment not each car. The court says h is Inv pressed with the soundness of the de cision and decided in accordance therewith, so only one penalty is as sessed in the case at bar. VICTIM OF FLY PQISON. COLDS The very hour a cold starts is the time to check it Don't wait it may become deep-seated and the cure will be harder then. Every hour lost at the start vnay add days to your suf fering. Take F & S Cold Capsules Used in time they save all that might follow sickness, worry, ex penses. They never falL Tallman & Co. Leading Druggists. Will Buy Umatilla County Rams. C. Bannabel a prominent sheepman of Glasgow, Mont, Is In the city for the purpose of purchasing a shipment of Rambouillet rams from the Cunn Ingram Sheep and Land Company for his Montana ranges. He will spend several days at the Cunningham ranches this week and expects to set lect a number of choice animal He will return later in the year for a larger shipment Read the East Oregontan. TEA ' Good tea, close price. There is no other way to build a good business or keep a pood business. Yoar frnerr 'rtnrni your money M job doo'' IUl. Scbiliinv LrH: we car him. Condensed Report of the Commercial National Bank Rendered to Comptroller of Currancy July 15, 1908. United States Depository Resource. United States bonds S 78,456.81 Loans and discounts 155,305.35 Overdrafts . . . , 6,797.85 Bonds and warrants 15,672.90 Furniture and fixtures. . . 6,700.00 Cash on hand and in banks 126,538.32 S389.470.23 liabilities. Capital stock 60,000.00 Surplus and undivided Profits 5,495.34 Dividends unpaid 8,000.00 Circulation 60.O0J.O0 Deposits individual ...264,762.28 United States. 25,000.00 Banks 1,222.61 280,974.89 SS389.470.22 49 per cent of deposits on hand and in banks. Increase in deposits since last call May 14, '08, $48,824.13 Finger Shot Off. James Conlan, an employe of Pen dleton Scouring mills, while in the Blue mountains yesterday on a hunt ing and fishing trip, had the misfor tune yesterday to accidentally shoot off the end of the middle finger of his left hand. While the Injury is not serious it will disable him for some time and he will not be able to work. Baker Wins Twice. Two defeats have Just been admin istered to the Pendleton ball team at Baker City by the remnant of the league team of that place. Saturday's game was won by Baker by a score of 17 to 6 and yesterday's game went to Baker by a score of 8 to 2. RAILROAD EMPLOYES. Total number of people working, for roads in United States is 1,673.074. The number of persons reported as on the pay rolls of the railways In the United States on June 30, 1907, was 1,672,074, which Is equivalent to an average of 735 employees per 100 miles of line says the nterstate com merce commission report. As compared with the year 1906, these figures show an Increase of 150- 719 in the number of employees, or 51 per 100 miles of line. Of employ ees 65,28 were englnemen, 69,384 firemen, 48,869 conductors, and 134, 257 other trainmen. There were 63, 414 switch tenders, crossing tenders, and watchmen. The total number of railway em ployees, disregarding a small number not assigned, were apportioned among the four general administrations, 64,808; for maintenance of way and of equipment, 352,181, and for con dactlng transportation, 713,465. The report Includes summaries showing the average dally compensa tion of 18 classes of employees for a series of years, and also the aggre gate amount of compensation return ed fpr the several classes. The total amount of wages and salaries reported as paid to employees during the year ending June 30, 1907, was 31.072,386- 427. Walla Walla Baby Drinks Fatal Po tion and DIM. Crawling up on a bed where a sau cer of fly poison had been placed by his mother, little Willie Lowden, aged 18 months, drank the contents of the dish and died yesterday afternoon at the hospital, despite the efforts of physicians to save his life, says the Walla Walla Statesman. The little fellow, like all children, was always Into everything and his mother had carefully placed the fly poison where she thought the child could not possibly reach It. But the baby, when unobserved, scrambled up on the bed and drank the deadly liquid, not being able to tell in his baby mind that It was not for him to drink. The poison Is sweet and the child drank It all. He was brough.t to St. Mary's hos pital, where Doctors Keylor and Shaw did everything In their power to save his life but last night he died. William' John Lowden was the son of Mr. and Mrs. Frank Lowden, of Lowden station. He was a strong, healthy child and had never known a sick day. Funeral services were held this morning from the MacMartln under taking chapel and Interment was made In the Masonic cemetery. Rev. Mrs. Coblelgh conducted the services. Card of Thanks. We desire to express our deep thanks for the sympathy and assist ance that has been given us during our bereavement over the death of Orvllle Turner and to especially thank the Knights of Pythlns for their aid. MRS. ORVILLE TURNER, DINES TURNER. ELMER TURNER. Now for those Vacation Needs If you are intending taking a summer trip, you will find many needed articles here, such as Suit Cases - $1.50 up to $30. Traveling Bags 1 . up to 20. Trunks - - 4.50 up to 20. Bathing Suits 1 . up to 6. Our "Keep Cool" wearing apparel will will assure you a contented vacation ROOSEVELT'S BOSTON STORE Where You Trade to Save. OREGON ACTIVITIES. Salem Cherry Fair was a magnificent Success. Portland, Ore., July 20. The Cor telyou club of Brooklyn, N. T., was represented In Portland Sunday by a delegation of one hundred and twenty five of Its members. The Cherry Fair at Salem last week was a great success and many were present from Portland and other points. A contract for 376,000 for the construction of the foundation of the main building for Swift ft Company to be finished within ninety days, was let last Friday. The Astoria Regatta, with thirty splendid aquatic events, is scheduled for August 27th. 28th and 29th, and the railroads have made a rate of a fare and a third for the round trip from all points in the state. , The Washington State Press associ ation enjoyed one- of their best an nual conventions at Vancouver during three days of dast week. A trip up the Columbia River, a trolley ride to Portland and a banquet at Vancouver, were among the features of enter tainment Judge George T. Baldwin, Vice President of the Oregon Development League, and W. O. Smith, editor of House Blown Down. During a storm Tuesday a house under construction In Selah valley, near North Taklma, was blown down and a carpenter who was working on the building was struck In the back of the neck by a ladder, but was not seriously Injured. Charles Burns will be obliged to face a murder charge In the district court at Wallace, Idaho. Burns If charged with attempting to hold up Charles Edwards and shot him in the thigh. Edwards died Tuesday from the effects of the wound. DON'T WAIT UNTIL YOUR WATCH REFUSES TO RUN BEFORE having T CLEAN ED, ADJUSTED AND FRESHLY OILED, COMPARE YOUR WATCH WITH A STEAM ENGINE WHICH IS CLEANED AND OILED DAILY. CAN YOU NOT SEE. HOW THE OUST MIXED WITH THE GUMMED OIL AROUND THE PIV0T8 OF YOUR WATCH WILL WEAR THEM COM PLCTELY OUT IN A 8HORT TIME, IF YOUR WATCH HAS NOT BEEN IN A GOOD REPAIR SHOP WITHIN THE LAST TWO YEARS IT IS BADLY IN NEED OFGOOD ATTEN TION. BRING IT IN TO ME AND I WILL ATTEND TO ITS WANTS PER SONALLY AND INSURE YOU A FIRST CLASS JOB. ROYAL M. SAWTELLE JEWELER the Klamath Falls Evening Herald, were In Portland Saturday as a special committee from the Klamath Falls Chamber of Commerce to invite the T. M. C. A. excursion party whlcb goes to Crater Lake August 7th, to arrange their Itinerary so as to include a visit to Klamath Falls. Premium Lists are Ready The premium lists for the district fair have been received by Secretary Thomas Fits Gerald and may be had by writing to Mr. Fits Gerald for the same. Every farmer who Intends to enter an article for exhibition should have a premium list and It is hoped that those interested will write for the lists. They are to be distributed free. The lists this year show a num ber of new features and every pro ducer is interested in the fair and the premiums to be given. Win Harvest in Canada J. Clove the well known combined harvester operator and threshln ma chine man will leave In a few day for Claresholm, Alberta where he will run a large threshing outfit for the Rlgbys during the coming harvest season. The Rlgbys have a large crop and In addition will cut considerable grain for other farmers. Crops are excellent in that country this season. THE SHOW SHOP Cor. Main & Court Sts. A C Friedly, Mgr. The Blackmailer Husband Wanted Multnomah Falls Fighting Parson SONG In the Garden of the West. Persian Cleaning and Dve Works i UNDER NEW MANAGEMENT. Ladles' and gents' clothing cleaned and pressed. Ladles' fine gar ments a specialty. All work guaranteed. F. M. LORIMER, Proprietor 'Phone Main 1(4. Main Street, Near Bridge. Boys' Wash Suits V 1 Mid-Summer Clearance Sale Prices. 52.50 Suits Sale Price 81.95 2.00 Suits Sale Price 1,55 1.75 Suits Sale Price 1,35 1.50 Suits Sale Price 1,15 1.00 Suits Sale Price , 80 75c Suits Sale Price' 55o 50c Suits Sale Price 4Qe THE MEN'S SHOP ' MAXBAER Read the East Cregealoa.