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East Oregonian : E.O. (Pendleton, OR) 1888-current, January 19, 1912, EVENING EDITION, Image 1

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Fair tonight and Sat
urday. Largest paid csrcu
latlon of any paper la
Oregon, east of Port
VOL, 24.
NO. 7326
Government Has Power
To Handle Work for
the Indians.
Hawes Act Gives Interior Secretory
Power to Servo Interests of Red
skins Judge Wolverton'g Montana
Ruling Friendly to Tribesmen.
Should the Indian bureau and the
department ot the Interior care to
serve the Interests of the govern
ment's wards upon the Umatilla res
ervatln there is much that could bo
done Immediately towards bringing
about the irrigation of the reserva
tion lands.
It has been announced on several
occasions by" John McCourt. U. S. at-'
torney for Oregon, that the Indians
are legally entitled to use water upon
their allotments. He says he will
protoct Indians in the use of water
when they use it themselves though
he will not defend the use of water
upon land that has been rented by
white men.
It Is pointed out by local men who
are interested In having the reserva
tion Irrigated that the secretary of
the interior has power under the
Hawes act to proceed with work look
ing to the watering of the Indian
The Hawes Act.
The Hawes act was passed by con
gress and approved on February 8,
1887. The .title of the act Is as fol
lows: "An act to provide for the al
lotment o lands in severalty to In
dians on the various reservations and
to extend protection of the laws of
the United States and the territories
over the Indians and for other pur
Section Seven.
Section seven, which covers the l-
cai Kltuation in as follows:
"Section 7. That in cases where
the use of water for irrigation Is ne
cessary to render the lands within
any Indian reservation available for
agricultural purposes, the secretary
of tho Interior be and hereby Is au
thorized to proscribe such rules and
regulations as he may deem neces
sary to secure a Just an dequal dis
tribution thereof among tho Indians
residing upon any such reservation
and no other appropriation or grant
of water by any riparian proprietor
shall be authorised or permitted to
the damage of any other riparian
At the time when D. V. Bailey was
servlnir as attorney for William Cald
well in the latter's suit to establish
water rights he called attention to
tho above section and also to the
wording of a ruling made" by Federal
Judge Wolverton when he decided a
imilnr casetn Montana some time
Judge Wolvcrton's View.
When he decided the case of the
United States vs. the Conrad Invest
ment company Judge Wolverton ex
pressed sentiments that seem appli
cable here. Judge Wolverton occu
Died tho bench in lieu of tho Mon
tana ludee. The case was a contest
between the government, as guardian
for the Blackfeet Indians, against a
nrivatn irrlnatlon concern which
sought to irrigate 60,000 acres of land
not unon tho reservation. me com
pany had built a reservoir, 90 miles
of main canal and 200 miles or later
als before tho suit was brought.
Judge Wolverton decided the case
-In favor of the Indians and the fol
lowlnir Is an extract from his ruling;
For tlio Indiana.
"Manifestly tho Indians cannot be
expected to acquire water rights to
any considerably extent through prior
appropriations, because they are not
far enough advanced in the art of ag
riculture to reduce the water to a
continuous use and the water of the
public streams that tney shall finally
need depends largely upon their pro
gress In this art. The government,
however, being their guardian, has a
most important trust to perform in
this relation; that is, to conserve the
waters of such dreams asiraverse or
(Continued on page five.)
Mcdford, Ore., Jan. 19.
Twentv-four honor convicts, en-
camped without guards at
Westville, duo to Governor
West's clemency, this afternoon
ro scourln the country, try-
lng to capture three convicts,
all in for potty larceny, who es-
caped Thursday night. Snow is
on tho ground and it will be
easy to trace them. It la be-
Hoved they can't escape. The
prisoners are wrathy.
Younger Princes Would Keep Up
Fight for Chinese Throne.
Peking, Jan. 19. A bitter dispute
between the younger Manchu princes
who want to continue the fight and
the older ones who wish to submit to
the republicans. Is on today. The
Manchus' inability to agree has dis
gusted Premier Yuan, who may re
sign. '
Bandits lioot Monasteries.
Shanghai, Jan. 19. Canton - dis
patched say bandits are looting the
temples and monasteries and destroy
ing the holy shrines in southern
Kwan Tunk province.- A volunteer
corps has been organized for protec
Oakland, Calif., Jan. 10. Three
policemen, two civilians and a dozen
petty prisoners were injured in a
large wire enclosed van conveying
them from the city prison to the rock
quarries ' today, when a street car
struck their wagon.
Big Pugs Want Advertising.
Los Angles, Jan. 19. When told of
Jack Johnson's opinion published of
him, saying he acted like a yellow
cur In their Reno fight, Jim Jeffries
today said: "I have a porter's Job
down at my cafe which pays good
money and Is open to Johnson. Leave
a big blank space in the paper to
represent my opinion of the negro."
Meanwhile the Pot Boils and
' Only Witches Know
What is to Be
S. Fred Wilson, Athena attorney
who has been making active bids for
the republican nomination for con
gress, will withdraw from the race.
His formal announcement to this ef
fect has not been made and Wilson
himself refuses to be quoted upon
the subject atthls time. However,
the information comes from such a
source as to leave no room for doubt
as to Up authenticity. He will not be
a Candidate unless some now unfor
seon situation arises that will serve
to keep him In the race. It Is barely
possible such a contingency will arise,
in which case Wilson will make a
very aggressive f'ght to capture "the
republican nomination.
With' this interesting bit of news
comes further speculatln as to pros
pective republican "candidates and
their various chances for landing the
nomination. If JWflson withdraws
there will be only two avowed active
candidates Jn the field, Speaker Jerry
Rusk and George Cochran, both of
La Grande.
It Is declared by certain parties
that Senator N. J. Sinnott of The
Dalles will get Into the race
but up to this t'me no announce
ment to that effect has been made by
the man from The Dalles.
There is also a local rumor to the
effect that Judge W. R. Ellis will en
ter the race and endeavor to show
he has "come back" abilities. But
along with this report Is another to
the effect that the local machine
leaders who formerly gave earnest
support to Ellis, have pledged alle
giance to Cochran of La Grande, re
garding him as the proper party to
carry the reactionary flag In the race
for congress. Whether or not this
report Is correct may be disclosed la
ter. Meanwhllo the only thing absolute
ly certain with respects to the east
ern Oregon congressional fight is that
the pot is boiling and that the exact
-quality of the broth Is something not
yet fully determined.
Eight girls of -the local high
school constituting the girls' basket
ball team left this morning for Wal
la Walla where tonight they will play
their first game of the season with
the high school team of that city.
They were accompanied by Miss Ruth
Wise, who has been coaching them.
The game will bo the first In which
the Garden City girls have partici
pated this year also and both teams
are, therefor, more or less of an un
known quantity.
In the past few years the Walla
Walla girls have held the champion
ship of this section of tho country
and are out to maintain try?lr reputa
tion this year However, the local
team is stronger thjs year than for
several years and expects to give the
Washington aggregation an Interest
ing time.
The following will be the high
school lineup tonight: Forwards,
Muriel Sating, Ella LaZtnka and Lil
lian Gulllford; centers, Clairs Raley
and Zella Thompson; guards, I la
Sturdlvant, Edna Coutts and Lois
Bankwrecker Thought Dying
in Prison, Says He Will
Soon Be Well.
Tart Would Have Given Famous Con
vlct Liberty Several Weeks Ago If
He Had Not Feared Criticism, Say
Washington, Jan. 19. President
Taft last night commuted to expire
immediately the 15-year sentence for
violation of the national banking laws
under which Charles W. Morse, the
New York banker and "Ice king,"
has served two years in the federal
penitentiary at Atlanta, Ga.
Death Exported Soon.
. Atlanta. Jan. 19. PWysleians at
tending Charles Morse the New York
bank wrecker, whose sentence was
commuted yesterday by President
Taft, through his wife's efforts, say
today that he won't leave Georgia
alive. The war department today
permitted his remaining in Fort Mc
Pherson military hospital. until his
condition, which is critical, improves.
Mrs. Morse is en route here from
- Morse's pulse is reportod far below
normal today, but the patient was
greatly cheered by tne news of tils
pardon and Insists he will recover.
Wife Is Happy.
Washington, Jan. 19. Jubilant ov
er the pardon extended her husband.
Mrs Charles Morse Is speeding south
ward oday from here to the side of
Banker Morse who has been confin
ed in prison here two year? far mis
application of his bank's funds. As
soon as his, condition permits she
will take him abroad, she says. De
partment of justice officials say Pres
ident Taft would have pardoned
Morse two months ago when physi
cians said his ca?e was hopeless, but
owing to the man's prominence he
foared criticism.
Pendleton is nottfat present spend
ing as much money for fire protec
tion as it did sixteen years ago, ac
cording to John Vaughan, chief of
the volunteer fire department who
Is advocating the installation of a
modern alarm system. "Sixteen years
ago,'! he said this morning, "when I
was driving the fire team, I remem
ber the city paid out $3300, while
during the past year but $2800 was
expended for protection. The city is
not keeping pace with the times
along this line."
Chief Vaughan this morning receiv
ed a letter from John N. M'Cune,
secretary of the Underwriters Equit
able Rating Bureau, in which the as
sertions he made in his annual report
regarding the reduction in Insurance
premiums which an alarm system
would secure are substantiated. Mr.
M'Cune writes that the installation of
any standard telegraph fire alarm sys
tem would result in a 7 to 10 per cent
reduction of premiums in the mer
cantile districts and a 5 per cent re
duction in residential districts.
Chief Vaughan is now preparing
actual figures and facts regarding the
amount of money paid out for insur
ance by Pendleton business men and
the saving to them in a year from the
improvement of the fire protection
department. With these as argu
ments he hopes to convince the most
skeptical that the Installation of a
fire alarm system would bo good
Seattle, Wash., Jan. 19. An em
barrassing episode of the past arose
today for Frank Steetson, a clubman
and wealthy young business man of
this city. The episode is crystalized
In the form of a $45,000 breach of
promise sut, filed by Miss Cherry
Samson, one of the stars in the Mad
ame Sherry company.
She alleges she and he. while mem
bers of tho same theatrical company,
oecame engagoa.
"I never promised to marrv her. Wo
were just good friends. It occurred
fifteen years ago. She must now be
torty-rive and I am thirty-three years
old," he said.
King George to Visit U. S.
. London, Jan. 19. King George and
the queen of England are contemplat
ing a visit to the United States. It
Is reported they will visit New York
and Washington, after his visit to
Canada at the opening of the new
transcontinental railroad In 1914. He
will be the first British monarch to
touch American soil.
Boilers of Columbia River
Steamer Explode SendinQ
. '
Craft to Bottom.
Fireman Also Missing and Believed to
Have Lost Life Other Members of
Crew Barely Have Time to Escape
With Lives.
Portland, Ore., Jan. 19. As a re
sult of an explosion of her boilers the
river steamer Sarah Dixon sank In
the Columbia river near Kalama last
night and it is believed that at least
three members of her crew, Includ
ing the captain and firt matq, were
killed and went down with the wreck
ed vessel.
The missing men are:
Captain Fred Stinson.
First Mate Arthur Monical.
Fireman Silas Knowlea
The explosion was so terrific that
the entire superstructure work of the
steamer was completely torn away,
while great holes were rent in the
sides and bottom of the boat.
The vessel sank immediately and
the members of her crew who es
caper the force of the explosion, bare
ly had time to escape with their lives
in small oats, from the rapidly set
tling boat. Nine of the crew reached
this city today on the steamer Lur
Hne and they are positive that the
three men mentioned above were kill
ed In the explosion.
No cause for the explosion can be
ascertained at this time as. the boil
ers had only recently been inspected
and were pronounced in perfect con
At the annual meeting of the stock
holders of the American National
Bank of this city Just held, a resolu- j
tlon Increasing the capital stock of'
the institution from $10,0,000 to $30n,-,
000 was adopted, thus making it the
heaviest capitalized bank in eastern .
Oregon, according to Its president, W. j
L. Thompson. This new stock was
all taken by the old share holders.
"Besides increasing our stock" said
Mr. Thompson this morning, "we de
clared a stock dividend of $122,000
in addition to a casn dividend of 20
per cent. The past year has been the
best one for the bank since its or
ganization and our business demand
ed an enlargement of our capital
stock. With our new capitalization
of $300,000, a stockholders' liability
of another $300,000 and a surplus and
undivided profits of $90,000, we now
claim a larger margin of security
than any other bank in eastern Ore
gon." At the meeting all of the old of
ficers and directors were re-elected,
as follows: president, W. L. Thomp
son; vice-president, F. E. Judd, cash
ier, J. B. M'Cook; assistant cashier,
W. S. Badley; directors, W. L. Thomp
son, F. E. Judd, A. D. Sloan, Thomas
Thompson, R. N. Stanfleld, J. N. Bur
gess and J. B. M'Cook.
This afternoon President W. L.
Thompson of the American National
bank received a wire from the comp
troller of the currency announcing
that the increased capitalization of
tho local bank is approved.
j In order to assist in raising funds
New York, Jan. 19. Jack Vlewne, I for sending a large delegation to the
a waiter for whom fifteen year old j Portland convention next summer,
Violet Buehler forfeited a $100,000 the local Elks have taken the first
legacy and her palatial home in Chi- steps toward putting on a merry mln
cngo, denied today tho girl's state- strel show at the Oregon theater on
I ment that they are engaged. He said
he did not know whether he would
marry her or not. The child is now
in a detention home. Her foster
mother refuses to take her back.
Attel Defeats Brown.
New York, Jan. 19. Abe
bested Knockout Brown In a ten
round fight at the National Sporting
club last night. The bout was a one
sided affair, Brown being unable to
Innd to any advantage. Attell had
Brown groggy in a mlxup In the
tenth round.
Brown forced the fighting
throughout, but Attell's defense was
Impenetrable, all of Brown's
going for naught.
Want Minimum Wage Law.
Fresno, Jan. 19. A state wide
campaign for a minimum wage law
and eight hour law for all employed
men, women and children, the mini
mum wage being $2 a day, was au
thorized by the convention of the
State Building Trades council. They
will bring the matter to a vote under
the initiative law.
J Still Refuses to Discuss Harvey or
' Wattcrson Clashes.
Ann Arbor, Jan. 19. Three thous
and heard Governor Wilson speak
here at noon. He visited President
Emeritus Angell, of the University of
Michigan, and left this afternoon for
Grand Rapids.
1.4 Still Silent.
Ttntrtlt Tan 1Q T) nfsws UatHnn
here for Grand Rapids, where he will
i . ( v. i. I i i a ii
BeaK. (.umgfii. in uuj uiuiipuiBii lur ifiu
democratic presidential nomination,
Governor Wilson of New Jersey, was
asked for a statement, concerning his
repudiation of Colonel Harvey's sup
port in Harper's Weekly, but he de
clined. He also declined to confirm
the report that he had endeavored to
"square" himself by writing Harvey a
private letter, apologizing.
Washington, Jan. 19. Following
the receipt of an official statement
from American Minister Beaupre at
Havana, which said that all pplltical
activity there on account of the Vet
erans' Movement had ceased, state
department officials announced today
that the United States would nqt In
terfere In Cuba now and no further
developments are expected.
Badly Frightens Lady Before
Capture is Ef
fected . .
Mr. and Mrs. Ed Marks, who are
occupying the old Wiley Frazier home
in the southwest part of tho city, had
an experience several nights ago
which they do not care to repeat. A
rran, insane with dr'nk, entered their
hou e without so much as "by your
leave" and before he was arrested
by the off cers, had succeeded in
throwing a great fright into the fam
ily. It was rather late in the evening
when the door opened and the un
welcome visitor entered. Passing by
Mr. Marks who was sitting in the liv
ing room, he made straight for Mrs.
Marks in an adjoining room. "Here,
where are you going?" yelled the hus
band. "That's her, that's the woman
who stole my money," cried the ine
briated one, and continued on his
Mrs. Marks retreated and her hus
band caught the man before he could
reach her. Seeing his condition,. Mr.
Marks succeeded In persuading him
that he was mistaken and offered to
take him to a hotel and put him to
bed. The man, apparently pacified,
walked away with Mr. Marks and
manifested no belligerency until they
reached the railroad yards When he
suddenly demanded where his con
ductor was taking him. "To the ho
tel," answered Mr. Marks. "Not
much," declared the intoxicated one
and swung on his companion with his
fist. Mr. ,Marks responded to the
treatment with a club, which his
wife had thrust into his hand as the
two left the house, but, after deliv
ering one blow, he became fearful
of the man's violence and ran to a
ne'ghboring house from where he
called the police.
The man was located by the offi
cers after a short search and locked
up, and for the jast few days has
been doing penance in the city bastile.
His-name is given as John Doe.
' tho nights of February 15 and 16.
; Jack Keefe, the musical genius of
Pendleton, and a member of the
antlered herd, has been selected tj
direct tho efforts of the amateur
troup and the enthusiasm which he
combines with his ability insures an
. entertainment of steller magnitude.
Talent in great bunches has already
been signed up for the show and Di
rector Keefe will nssemble these ar
tists tomorrow night to instruct them
i in their first chorus work. Ho has
secured a choice selection of comedy
song hits and promises the people
that they will see and hear some
thing new and original both nights,
'for 11 ls the intention of the Elks to
have two separate programs tor tne
two nights.
"The members of the 1912 committee
of the local B. P. O. E. has been busy
during the past week signing up mem
bers for the special train which will
bear the delegates to and from the
convention and now 'announces that
they have already secured the names
of over 100 members. They expect to
increase this number to 200 in order
that a one fare rate may be granted.
Indianapolis Grand Jury Re
ported to Have Found that
Investigators Anxious to Ascertain if
Famous Lawyer and Assistants
Knew Anyttilng of Dynamite Plot
More Activity at Log Angeles.
Ind'anapolis. Jan. 19. Information
that thirty . prospective Indictments
against labor leaders have been pre
pared as a result of the activities of
the United States grand jury, became
public today. Indications are that the
federal probe is nearing an end and
most of the evidence is in. Local
witnesses testified today regarding
the transportation of dynamite out of
the state by the McNamaras.
That the Jury is investigating tho
activities of Attorney Clarence Dar
row's assistants during the McNa
mara trial was indicated today when
several investigators employed by
Darrow, including C, P. Cooney of
Chicago, testified.
This turn in the Investigation, it
is reported, was made on Darrow'a
assertion, when the McNamaras con
fessed, that "In view of developments
there was no' other course open."
The probers are "anxious to ascer
tain If Darrow's agents know any
thing that would connect labor offi
cials with the alleged dynamite plots.
Active at Los Angeles.
'Los Angeles, Jan. 19. Unusual
activity around the offices of District
Attorney Fredericks today strength
ened the report that he may arrive
here before n'ght. Attaches won't
talk. . The county grand Jury, inves
tigating matters outgrowing from the
McNamara case?, will resume work
this afternoon. It ls reported that
Fredericks' return means probably
more indictments.
.Through the efforts of' Manager
ClaytonStrain, basketball fans of the
city will be able to see one more
game in the old high school gymna
sium before It is sacrificed to pro
gress. Tonight the crack Echo high
school team will meet the second
team of the local high in battle royal
and it is expected the contest will be
a fitting one with which to mark the
abandonment of the scene of .so many
terrific struggles.
The Echo team defeated the sec
ond team of the high school last year
and has been making a great record
for it-elf this year. Several weeks
ago it administered a defeat to Art
Means' famous railroad team of
Umatilla and expects to return to its
native haunts in the morning with
the scalps- of the local tossers.
The second team of the Pendleton
high, however, is but a fraction of a
point lower In thq scale of efficiency
than the first team and is experienc
ing no quakes over the approaching
battle. The lineup will see Claud
Hampton at center, Hinderman and
Finnell at the guard positions and
Sturdivant and McDonald forwards.
Ferguson arid Cecil Hampton will be
on tho sidelines in battle apparel to
relieve any who should fall in tho
Greenville, Tenn., Jan. 19 Guard
ed by Detective Lutz Reverend Mc
Farland, pastor of the United Pres
byterian mission here, left today for
Pittsburg. Penn., to stand trial on
charges of performing' criminal op
erations on his privae secretary. Miss
Elsie Coe, who died Januury 5. Tho
minister is anxious to face his accus
ers and waived extradition. He said
he could easily provo his Innocence.
Salem. Ore.., Jan. 19. That
orders, completed th's after
noon by the state railway com
mission are to contain sweep
ing reductions on the South
ern Pacific and O.-W. R. & N.
railroads, materially favoring
eastern and southern Oregon
shippers, was the statement of
commissioner Campbell. They
will become effective March 1.
The following rates were or-
dered on a basis of hundred
weights: Fifty miles. 28 cents;
100 miles, fifty cents; 150 miles
62 cents; 200 miles, 72 cents;
250 miles, 82 cents; 300 miles.
91 cents; 350 miles. $1.01, and
400 miles. $1.10.

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