E
T CASE
Judgement Rendered in Favor
Defendant in Case Between
Lebanon Parties.
FORFEITURE CLAUSE IN
THE DEED IS NOT UPHELD
The Defendant May Continue to
Operate Livery Business;
Many Points Involved.
By a decision rendered this after
noon by Judicc I5- R- Kelly, a judg
ment is given to the defendants in the
case of R W. Sceck and H. J. Seeclc
vs. A. Jakel, A. J. Newman and J.
W. Newman.
This case attracted a great deal of
interest at the time the evidence was
submitted to the court and because of
, the many close points of law involved,
Judge Kelly took the. same under ad
visement. It seems that in Tunc 1907 the plain
tiffs owned four lots in the city 'of
Lebanon which were located in th.
vicinity of the nrocrtv which they
used for the purpose of conducting a
livery, sa c and feed hiisine'S,
During the same month, for the
sum of $3000.00, which was claimed by
the plaintiff to be- considerably less
than the property was actually worth,
they sold and conveyed to the defend
ant the four lots upon condition that
the property should never be used for
the purpose of operating a livery,' sale
or teed stable. The deed conveying
this property contained a forfeiture
clause. Lnter, it is claimed, the de
fendants opened a livery stable on the
premises and the plaintiffs brought
suit to cancel the deed and recover
the sum of $1000.00 in damages.
Judge Kelly made a careful exam
ination of the testimony in the case
an'd this afternoon decided that the
plaintiffs were not entitled to recover.
BOY SCOUTS ORGANIZED
HERE LAST EVENING
C. W. Boelticher Was Elected
President; Other, Officers
Were Elected.
At ti well iittcmli-d mcctitiK I-'I1 "
the Y. M'. C. A. building lust night
pcrimiiKMit officers iiflhi' liny Scout
nmvi'tuciil were elcctcil nml plans out
lined for llie work for the ensuing
year,
Till- moetiiiK was culled to order by
Teuiporiry Scoutsnwistcr Hans h'lo,
who was later elected permanently to
this office.
C. W. Iloctticher was elected nresi
dent, j. C. Holhrook vice-president,
h'. 10. Van Tassel secretary and C. 11.
Winn treasurer. I.). I.. Foster of the
local Y. M. C. A. was elected scont
commissioner. 'The members of the
court of honor committee are as fid
lows: 1). L. Foster, J. C. Irvine, F.
M. l'mvell ami S. M. Itraden. The
follo'winK, inclndint! the officers ahove
mentioned, will constitute the mem
bers ol lite council: A. C. Schmitt, J.
I'. Ilolhrook, F. F. Van Tassel, C. II.
Winn, tieo. Crowell, J. V. Dick-over,
t'. C. I'aKC C. V. Uoellicher, I). 1..
Foster, I. I.'. Irvine, S. M. Ilrailen
and 1'. M. I'owcll.
The nct remilar nieetiuK of the of
ficers will he held on the third Tues
day in March of the present year.
PRESIDENT OF STATE DENTAL
ASSOCIATION ARRIVES HERE
Will Assist Local Dentists in
Organizing Association
This Evening.
Dr. tuMMge Wanlner nf Portland,
president of the Orrgon Dental asso
ciation, arrived in Albany this alter
noon and toniulit will meet with liep-
resentatives from Lebanon, lrvalli.
Albany, and other towns in the im
mediate ieinitv for the ' purpose of
forming a local association.
The visiting dentists from other
points and the local dentists will at
tend a luncheon to be nival tins
t'vaiing at the New Klito at 6: .JO
o'clock.
Mr. and Mrs. Z. 11. Kndd of this
city It It this morning for Portland
where they will spend Sunday. ( Mr,
Kudd will attend the meeting o'f the
Shnue this evening,
V. K. IVurs and 1.. 0. Marshall,
prominent Shriners of this city, left
this morning for Portland to attend
the eaemonial session of Al Kadcr
temple which ocems tonight.
I.. II. 1'ish and K II. Kedlield of
this city were among the Shi in its
from Albany who I tit this morning
for Portland to attend the ceremonial
session this evening.
o-
? S?
W Newt on This Page ia $
t From Dnily Inane of ft
W SATURDAY, KEBRUAV 1
(
I
County Court Calls a Meeting
Which Will Be Attended by
Thirty-four Supervisors.
UNIFORM ACTION ON ROAD
BUILDING IS THE AIM
Needs of Various Districts Will
Be Ascertained and Other
Matters Discussed.
For the purpose of obtaining some
uniform action in regard to the im
provement of the public highways of
Linn county, a meeting of the super
visors from the various districts has
been called by the county court and
the same will convene at the court
house in this city on Thursday, Feb
ruary 6th.
When asked this morning about the
meeting, County Judge McKnight
stated that he expects the supervis
ors from the thirty-four districts in
the county to attend the meeting, and
not only will the needs of the re
spective districts in the way of new
machinery' will also be discussed. !
Whether the members of the county
court favor the recommendation re
cently made by the Albany Commer
cial Club In regard to the employment
of a single road overseer who hall
have general charge of the road work
of the county,, has not been ascer
tained but it is understood that this
question will not1 be presented at the
meeting' which will convene here o'n
Thursday.
WILLAMETTE UNIVERSITY
WINS FROM ALBANY COLLEGE
Basketball Game at Gym Last
Evening Results In Defeat
for Locals, 28 to 12.
The Willamette University fresh
men dcleated Albany oiuikc s nas
ketball team by n score of 28 to 12 in
the came played in the Y. M. C. A.
Kym last evening.
l nc, aK,ri eKauoii iroin me. uijiiu
City was composed of more experi
enced men and atlho'uarh Albanv
showed an edge over the visitors in
loam work, yet the balom noys seem
ed to have it decidedly their way all
through tho game.
lur the local school Hatfield, for
ward, and Custer, center, were the
shining lights. 1 hey are resnonsihle
for the 12 points' Albany had chalked
up in her favor at the end of the con
test.
The visitors all showed tip to about
the same advantage. Young, a guard,
was the strongest member of the
team. The lineup was:
Willamette freshmen Forwards,
Oliliug (manager). Hennett ; center,
l.und; guards. Young (dpt.), Reyn
olds. Albany College Forwards. II.
I lodge, Hatfield; .center, Custer
(Capt.i; guards, A. Hodge (manager),
Acheson.
Due little coincidence of the game
was Chas. Ohling and Irvine Acheson.
of last year's champion debating team,
playing against each other throughout
the contest.
A PERSONAL MENTION.
,.i
a
Mrs. Neil Murray ami Twins, of
Portland, who have been visiting sev
eral daws at the home o'f the sister of
Mm, Murray. Mrs. Dr. Kavanaug'i,
will return tomorrow to their homo in
Portland.
Miss May me Stevens went to Salem
this afternoon.
Hon. and Mis. J. M. Philpntl, of
I Ian tsbui i arrived this noon on a
short Albany trip.
Jas. lilackburn this noon returned
from ltriwusvilh.
Mr. and Mrs. 1 1. V. Scott, of Wa
terloo, former Albany people, arrived
this noon.
Lawyer N. M. Newport, of Leba
non, went to Salem this afternoon to
consult the state library.
Hugh Cummiugs. the stock buyer,
of Corvallis. went to' Halsey this af
ternoon. He reports stock as verv
scarce and hard to get enough to ship
by the carload.
A Welch, of the Portland. Kugciio
& Kastern, was in the city this noon,
arriving from Corvallis. where he had
been looking alter interest!.
Mr, and Mrs. Ceo. C. lU.vkclv. ol
The Dalles, Peputv Sheriff loV Hlak
ely and W H. I'dakely. of Pendleton.
Jas. Hlakely of Enterprise. M iuor
l ewis, Mrs. Hertha MeFai laud Mc
Clareu and Mrs. Fat Cooley IVd
mond, of Portland, were in the city
today tm their way home from
lirownsville. where they had been to
attend the funeral of Jas. Hlakely, who
died this week at the age of one bun
dred years. The Hlakely brothers
are all sons of the deceased.
Mrs. Fdith Francis of this eitv. one
of the efficient cler' 3 in the ot'i'i e of
ounty Recorder rro-van. hfi tVs
omtnif for Portland to a" '
st pei to; 'Mnee of " !" ;
s-t f 'e"ds over Si'nda
II EXTEND THE
OREGON ELECTRIC
Alliance Between the Hill and
Gould Interests Said to
Have Been Made.
THEY CLAIM THAT HILL
ROAD WILL GO SOUTHWARD
News of Proposed Extension
Leaks Out in the New York
Financial Circles.
From financial circles in New York
comes a story of an alliance between
Hill and Gould interestst that indi
cates early entry of the Hill railroads
into California, says the Portland
Journal. The combination was o'f
fected some 18 months ago, it is said,
for the purpose of admitting the Hill
lines into California territory in ex
change for allowing the Western Pa
cific to meet its competitors on an
equal footing in Portland and Oregon.
According to this information, the
route from Portland is to be by way
of the Willamette Valley and up the
McKenzie river to the low pass
through the Cascades, thence along
the high plateau and debouching into
the Sacramento valley through the
Pitt river pass, making the connec
tion with the Western Pacific a short
distance north of Sacramento, sweep
ing the entire length of the Sacra
mento valley from somewhere in the
vicinity of Red Bluff southward,
In Oregon this would probably in
dicate that the announcement made
to- Eugene people by an official of
the Hill lines that the tracks extend
ing to that city would not stop there,
had a nretty defnite translation in
plans of the system. It would open
up a great timber district on the Mc-
Kenzie and reaching the east sine ot
the ramze would tap additional timber
in the corners of Douglas and Crook
counties and torm a junction with the
Hill line south of Bend, where a con
tract has recently been announced
for its extension.
COURT HOUSE NOTES. S
FRIDAY
Warranty Deeds.
Oscar A. Jincks and wife to Katie
M. Test. Aug. 19. 1912. Lands in
claim 53. Tp. 13, S. R. 1 west. $10.00.
Ida M. Goehrcnd and husband to'
C. II. Murphy. Jail. 21, 1913. Lots
in block 6 in Mountain View addition
to Lebanon. $10.00.
Adeline E. Goehrcnd and husband
to C H. Murphy. Jan. 8. 1913. Lots
in block 6 in Mountain View addition
to Lebanon. $10.00.
Forest Hill Investment Co. to Peter
Masterbrook. Jan. 23, 1913. Lot in
section 7. 'Tp. 12, S. R. 1 west. $827.
W. G. Benton and wife to Hiram M.
Hetts and wife. Ian. 16. 701.1. Lands
in claim 37. Tp. 12, S. R. 2 west. $10.
N. A. February to I. T. February,
Tan. 28. P13. 80 acres in section 35,
Tp. 11, 1 west. $10.00.
1. T. February et al to Reuben Ed
wards. Ian. 28, 1913. 40 acres in sec
tion 2, Tp. 12. S. R. 1 west. $10.00.
Clvde L. Knnpp to School District
o. '13. Sept. 27, 1912. Lots in block
8 in Seminary addition to Sodaville.
$1.00.
J. O. Talent and wife to' A. P. Tal
ent et al. Jan. 22, 1913. Lofs in block
1 in Mover's addition to lirownsville.
$10.00. ' t
U. F. Montgomery nnd wife to T.
O. Talent. Oct. 2S. 1912. Lots in
block 1 in Mover's addition to
lirownsville. $10.00.
1.. A. Simons and wife to School
District No. 13. Sept. 21. 112. Lots
in block 7 in Seminary addition to
Sodaville. $1 lU
W. I. Waddle and wife to Sarah
C. Waddle. Jan. 30, 1U. Lands in
section 30. Tp. 11. S. R. 1 Fast. $450.
R. Sullivan and wife to John Bow
ers and wife. Jan. 30. lt,t. I amis
in Tp. 14. S. R. 3 west. $2,340.00.
Sarah E. Yauakeu and husband to
Samuel E. Young. Jan. IS, l(M3. Lot
in bloc1-: 2. Central addition to Al
bany. $10.00.
Marriage License.
Win. G. Meyer, age 31. and Jennie
H. Pettiboue, age 25, both of Albanv.
Probate.
In the matter o'f the estate of Henry
H emiagiu, deceased. Inventory and
apprair-emeut for Washington Co.,
Oregon.
BUGLE STOLEN FROM ARMORY
DURING PROGRESS OF BALL
Last eveniutr while the military ball
j was in progress at the armory, some-
lone entered the non comnrssMncd of-j
' tieer' room near the main entrance i
f to the budding and stole a hule be-
lousitiK to the h'ifth company, CVast '
Artdlcry Corps, of this citv. j
i The identity of the party who took ;
the nuglc was learned today and the
young man who took the instrument
will avoid prosecution by the govern- ,
ment by returning it to the armory
ni-t later than Monday night. j
The Misses Aenene MnnVers and
cr'e (Iroshong of this city left this!
tor he 10 w..ere they will
' unday visiting friends and rel-
LOCAL UTS HAVE
SURPLUS I TREASURY
Meeting Held Last Night at the
Commercial Club Rooms;
Resolutions Authorized.
After auditing all bills and paying
off the indebtedness contracted for
the reception and entertainment of the
delegates to the annual meeting of
the Oregon Retail Merchants, a small
surplus remains in the treasury of the
local organization.
This fact was brought out at a
meeting of the Albany Merchants,
held at the Commercial Club rooms
last night.
After disposing of the routine busi
ness, a committee consisting of Dan
Johnston and S. M. Braden was ap
pointed to draft suitable resolutions
thanking the citizens of Albany for
the courtesy extended to the dele
gates during their visit in Albany and
particularly thanking those who had
opened the doors of their homes for
the accommodation of the visiting
merchants.
Fisher, Braden & Co.
' '
FUNERAL. DIRECTORS
AND UNDERTAKERS
Undertaking Parlors. 3rd and
Broadalbin
LADY ATTENDANT
Both rhonca
AILMENTS
of any1 -sort and that you have gained
no results from other doctors, do not
give up hope until you have seen
Th Hing Wo ChtMM Mdical C. .
Their roots are from the interior of
China and used by old famous special
ists for years. These wonderful roots
will cure Catarrh, Asthma,' Lung
Trouble, Cancer.1 Rheumatism, Blood
Poison, Nervousness, Stomach, Liver
and Kidney Troubles. Also private
diseases of men' and women. No op
erations. Consultation free. Office
hours 9 a. m. to 8 p. m.
THE HING WO
CHINESE MEDICAL COMPANY
Third and Broadalbin Sts.
Rfll Plump 3Qfi T Albany. Oregon.
EVERYTHING IN
TUne FolEowSirng Frnces Arc Nw Sua EfiFecft;
wsife White Sweaters, good materials, pretty'weaves, large sizes 38 to 44.
3)Wllir Regular prices up to $5.00; small sizes 22 to 28, regular (tC
prices up to $2.00. Now
L Val. Laces, Torch ion, etc., excellent patterns.
cHS(g 30c at 6c, 12c at 8c, 15c at 10 l-2c, 25c at
Jed'
j)pff(gll(QlJ
C3nmMiniaiiim Susfe fcf0fecombhusls
slightly soiled; $1.25 to 1.50 at 50c; Night Gowus, up to
Wlkinflva W5k A splendid assortment of White Waists; well made of best
llMlty VV S1USIS materials; specially priced at 75c, 98c and $1.48.
U ia?s5!w New stock of Ladies' Kuit Underwear. Discontinued QQ
U'lraCSlUirWyeir lmeof union suits, vests and pants, $2-$ 1. 46; $1.50 QOC
Emmferondeiry ffiffl..?.8! 22c
T&M Libd
iSUilSi
at 73c; 1.50 at 1.17; 2.50
Gk will lb soldi ait Aese pns
TWO WEEKS ONLY
Com In TMglhiii
STORE yr 18SS
An unusually attractive window dis
play is being made by the Fisher
Braden Furniture company this week.
A bedroom suit, the wholesale price
of which was $647.00, is attracting a
great deal of favorable attention.
Special meetings will be held in the
Colonel Hofer of Salem passed
through Albany this morning enroute
to Portland from Corvallis where he
held a meeting with the manufactur
ers of that city last evening.
Spring Dress
Goods and
Suitings
First Spring Showing
New diagonals, serges and whip
cords in all colors, including the
much desired cream shades.
Golden Star Percales at 15c yd.
Full 36 inches wide,, fast colors and
the prettiest patterns yet shown.. The
material is almosf ias fine as (he Ma
dras Cloth at double the price.
: . Agents for TT ffYirr'Cil : Agents for ;
Standard,,, rLvv" Kabo Reducing
i - Patterns 334 West Ferry Street Corsets
priced at $1 and
TCpsr rmnlirv nrpttv rlpio'TiQ in
Spreads. To reduce stock, $1.75 at .
cd Trish T.inpii ;fV at 37c: fi.Se
at
There will be a special meeting of
the K. O. T. M. at the Moose hall
this evening. G. B. Simons, comman
der. First Methodist church beginning to
morrow and continuing throughout
the week, services at 7:30 p. in. Evan
gelist Jno. Lewtas of Tacoma will
assist the pastor. Mr. Lewtas is an
intensely interesting and instructive
speaker. All are welcome to the serv-
WVTE
P
5c at 3c, 6c at 4c, - Q
1 QC
whifp Rprl
$1.37
$2 at J,
at 47c: 1 .00 t f r
p 1.50