i DIVORCE TO BE
Judge Galloway Declares That
Both Plaintiff and Defendant
Are Too Old:
WERE SEPERATED OVER
TWENTY YEARS AGO IN EAST
Gives Judgement in Favor of
Plaintiffs in Scio Case
Last Evening.
Plaintiff Claims He Gave His
Wife Property When He Left
North Dakota.
Continued from February 19.
Declaring that both the plaintiff and
defendant in a divorce suit filed in
Linn county had reached an age where
a divorce is unnecessary, Judge Gal
loway dismissed both the complaint
of the plaintiff and the cross-complaint
"of the defendant in the case of
Isaac N. Watson vs. Mary E. Wat
son. The plaintiff resides in the vicinity
of Sodaville and separated from his
wife in the state of North Dakota 'over
twenly years ago.
In his complaint he alleged that his
wife had been unfaithful to the mar
riage vow and asked for a decree of
divorce on the showing made in af
fidavits which were filed with the
county clerk. The wife contested the
case through local attorneys and filed
a number or affidavits which were
submitted to the court at the time the
case was tried.
The plaintiff is a man 83 years of
age, a veteran of the Civil war and at
the present time engaged in operating
a twenty-five acre mountain farm
which he alleges is unproductive.
In his affidavit he claimed that he
turned over all of his property to his
wife at the time he left the east, with
the exception of the $72.00 which he
used to pay his transportation to
Oregon. The 'vife asked for suit
money anil in answer to' this request
the plaintiff filed an affidavit in which
he claimed that his farm will hardly
produce for himself a bare living; that
the only property he has in the world
is forty chickens and that they have
declined to lay any eggs; a cow 17
years old, a buggy 27 years old, and
necessary household goods.
NO VOTING PLACES WERE
PROVIDED AT ELECTION
County Clerk Restrained from
Extending and Collecting Tax
in New Territory.
HURRY FIESELS BALL TEAM
WINS GAME AT CAPITAL CITY
Returned Home Last Evening
After Defeating Y. M. C. A.
Team by Score of 16 to 9. -
LARGE CROWD ATTENDS
MEETING OF LOCAL ARTISANS
Supreme Master Artisan Pays
Official Visit; Fifteen
Initiated Into Order.
A large attendance marked the reg
ular meeting of Crystal Assembly,
.United Artisans of this city which con
vened last night in the hall in the
Schmitt building.
A class of fifteen candidates was
initiated into the mysteries of the or
der, followed by a line luncheon pre
pared by the ladies and served in the
dining hall adjoining the lodge room.
Music and dancing completed a most
enjoyable evening.
During the course of the evening the
members of the local lodge and a
number of visiting members of the
order were favored with an excellent
address by II. S. Hudson of Portland,
supreme master Artisan of the Oregon
lodge, who accompanied by his son,
paid the Albany lodge an official visit
last evening.
Kxeelleut talks were also made by
Dr. tl. C. Kschcluinn of Portland, su
preme medical adviser; and Kx Coun
ty Judge .1. N. Duncan of Crystal As
seinbly of this city. Il.nvcv Hudson,1
son of II, S. Hudson of Portland, ten
dered several vocal solos that were
greatly appreciated and excellent mu
sic was furnished by the Willard
Davis orchestra.
Mr. adu Mrs I.. I). Walter who
have been making this city their head
ipi.irlets for several mouths while
conducting a c.iinp:iie,n toi new inem
bcis, will leave Albany soon, having.
iieeu assigned to another Cltv tor
work.
Holding that the election held last
summer in the city of Scio for the
purpose of extending the citv limits
is void, juiige ijaiioway last night
gave out a decision in which lie grant
ed to T. A. Richardson and others, :
permanent injunction restraining the
county cicrx irom extending and col
lecting the scio city tax in the terri
tory annexed by virtue of -such election.
This case was filed several weeks
ago by Mr. Richardson and other
property owners affected bv the ordi
nance and was one of the most hotlv
contested cases which have come be
fore the Linn coitntv courts during
the past thirty days.
The plaintiffs contend that as no
separate voting places were provided
for the electors residing in the new
territory, the election was irregular.
The defendants argued that inasmuch
as the plaintiffs had taken advantage
ui nie municipal improvements, they
had waived their. rights to prosecute
an injunction suit.
There were other points of more or
less interest in the suit but the point
upon which the cane was decided by
the trial judge was the failure of the
municipal authorities to provide sep
arate voting places in the territory
which they proposed to annex to the
city limits.
II. I''. Mcllwaill, a prominent rcsi
lcnt and merchant of Leaburg, is look
ing after property interests in Albany,
while here stopping at the Revere.
Miss Vertie McCulloch of Dallas
arrived in Albany this morning for a
few days' visit with friends. She is a
guest at the Revere.
1he
Just
fright
SHOE
(UNION MADE)
The McDowell
Shoe Co.
"Quality for Less"
338 W. First St. - Albany
Harry Ficsel's Colts were too' much
for the Salem Y. M. C. A. team again
last evening and the Albany boys re
turned home last evening with the
long end of a 16 to 9 score.
Tile game was played in the Y. M.
C. A. gym at Salem and was witnessed
by a large crowd of enthusiastic fans.
The game started off nicely and at
the end of the second inning the score
was 8 to 7 in favor of Albany. The
Capital City boys made but two more
runs in the remaining seven innings
of the game.
The hall was smaller than the Al
bany team was used to playing in and
it took two innings for the locals to
become accustomed to the floor, oth
erwise it is considered doubtful if
Salem would have secured half the
runs which were credited to them at
theclo'se of the game.
Fiesel pitched a fine pame for AI
bany and was caught in splendid jtvle
by Frank Stellmachcr.
The remainder of the lineup was:
dene Dooley, lb.; George Dooley, 2b.;
Jack lierry, 31.; Gene Shea, r. s.; Wm.
Salisbury, 1. s.; Harry Trcgilgas, If.;
and Reed Dowlin, rf. The forme--game
with the Salem team which was
played at the armory in this city re
cently, resulted in victory for Ficsel's
Colts by a score of 7 to 6.
NEW "ARCEZ" LUNCHEON
AND CONFECTIONERY OPENED
PORTLAND SYMPHONY .
ORCHESTRA AT SALEM
An event of more than usual inter
est in musical circles will be the en
gagement of the Portland Symphony
Orchestra which will appear at the
Grand Opera House at Sab-m nn
March second.
A large number of local musicians
expect to go to the Capital City on
that date to hear this well known or
chestra. There are 5 Snmsicians in
the orchestra
Establishment Completed for
Dick Churchill Modern and
' Attractive.
The handsome new Arccz confec
tionery and luncheon establishment
recently completed for R. C. Chur
chill was opened to the public at
noon today and a large number of
local residents ate their noon lunch
at the new place which is strictly
modern and up-to-date.
The rooms have been repapered and
calcnnmed and present a most attrac
tive appearance, the woodwork being
wooniu iii wiiue, auumg a clear ana
sanitary touch to the interior. The
kitchen is a model one, everything be
ing conveniently arranged, and will be
kept so that it will stand inspection at
an omes.
New lighting fixtures of pleasing de
sign have been installed and a new
front has been placed in the building.
The space on the east side of the
mam entrance at the front will be used
ior iruits. Lunches will be served
daily and the usual line of confections
carried by .Mr. Churchill will be found
at the new store.
The name of the store "Arcez" is
a word comprising the first two initi
als of Mr. Churchill's name, "R. C."
KNIGHTS OF PYTHIAS LODGE
IS 49 YEARS OLD TODAY
Today is the forty-ninth anniver
sary of the founding of the order of
Naughts of Pvthias and it hi. ,... ,;n
be observed by many of the subordi
nate louges throughout the United
States. The order was founed on
February 19, 1864 at Washington, D.
C, by Justus H. Rathbone.
From the very start the order has
flourished and grown until today it
is one' of the strongest fraternal or
ganizations in this country, having
over 8(X).0()0 members in the United
Stales. Among the many lodges of
the Willamette valley who will cele
brate the annivcrsarv tonight is Dow
dnll l.oikre No. 19 of Brownsville.
There will he no lecture tonight in
the Albany College lecture course. A
very attractive substitute for Ex-Gov.
Glenn has been secured and will ap
pear on March 15th. Two eastern
bureaus are in conflict over Gov.
Glenn's time, and they have succeeded
in preventing the Britt bureau from
securing Gov. Glenn for as much time
as it had contracted for. The Aller
Trio appear in the lecture course on
March 3rd.
F. E. Looney, a prominent dairy
man of Jefferson, was looking after
business matters in Albany yesterday,
while here stopping at the Revere.
The many friends of Leo Cohen,
who is now visiting in California, will
be pleased to learn that he is' im
proving in health. Mr. Cohen left
on his California trip some three
weeks ago and is missed by his friends
EGGS FOR HATCHfNG S. C.
Rhode fsland Reds, 1st pen $2.00,
2nd pen $1.50. H. G. Rumbaugh, R.
4. Home Phone 3803. F5-to-Mar5
LIMBER UP YOUR
If you are lame if your muscles
are overstrained if they do' not re
spond as quickly as they ought to
the demands made upon them use
Rexall Rubbing Oil.
You make no mistake when you use
Rexall Rubbing Oil, because it has
proved in the hundreds of cases in
which we have recommended it, to
give comnlete satisfaction: and lip.
cause if it does not in your case do all
that you expect of it. it will cost von
nothing.
1 hat means that w e wrll refund vonr
money immediately, without question,
if you are not satisfied with Rexall
Rltbbimr Oil. It hclos to limber nn
the stiff muscles and joints and allays
oain and inflammation. Useful in
sprains, bruises, strains and cuts. a,nd
for chapped hands and chillblains.
Whether your lameness be from rheu
matism, from overwork or strain, or
from catching cold in the muscles,
use Rexall Rubbing Oil. If it does
not relieve, your money back. Prices
25 and 50 cents. Sold in this com
munity only at our store The Rexall
Store.
FRED DAWSON
Albany. Oregon.
, eanSprayPumps
We have just received our new stock
of Bean and Spray Pumps, Spray
Hose Nozzles
Look This Line Over
Both Hand and Power Pumps
Barrett Bros. - Albany
"VOU expect your dressmaker
to secure beauty of line,
proportion and a trim effect in
your dress then assist her by
wearing perfect-fitting
Puritan Undermuslins
There is an air about Puritan
Undermuslins that is different.
They show this difference not
only in the fitly chosen laces
and embroideries, the quality of
the fabrics and the excellent
workmanship, but there is indi
viduality in the very cut and fit
of the garments.!
We have in Puritan Under
muslins corset covers, princess
slips, combination garments,
gowns, skirts and drawers.
Prices are no higher than you
are accustomed to paying.
W. 15. Stevens &
Company
Albany Agents
All Goods Delivered FREE
on Receipt of Price
FOR SALE Six head fine work
horses weighing from 1200 to 1500
pounds. Young and sound. Price
reasonable and terms to suit buyer.
Address A. D. Calkins, Albany, Or.,
or Home Phone 2455.
K1-Mart-dlv-F7-14-21wk.lv
Come on and bring a
friendto see Snyder
draw out your plow-lay
Don't fail to se our
NEW POWER
HAMMER
404 East Second St.
Albany
WORK IS PROGRESSING FAST
ON TWO THEATRES HERE
ill
1 1
1
Rapid progress is being made ill the
work of rcnifulchng the rooms in the
Mcllwain block which are being trans
formed inlo a modem motion picture
theatre for Croige Rollc and AI
Sternberg of this city and which whin
completed will be one of the most
attlactivc photopl.ivs in the Willam
ette Valley.
The wall which separated the build
ing into' two eotnp.ii tinents is now be
ing loin away and what was tormcily
two rooms will be vonvetted into one
laigc one. The trout oi the building
will be most attlactivc and orn.imeiit.il
and will be constructed partly f white
gki 'cd Iniek. w hich is now being l.iiil.
The new thc.itie will have a seating
rapacity of MM ami nearly JlO.tkO will
be spent by the ow uers on the con
struction work of the theatre and the
furnishings
t'n the Meyers' comer, din is fly
ing rapidly on the excavation for the
$5.tXM building lo be erected by t on
rad Mever of this city for T. li llbgh.
the well known theatrical magnate of i
Salem, who will install in this city a
moving picture theatre and vaudeville
house that will leuinare l.ivo'i.iblv
with anything in th- metropolis.
We wish to announce the arrival of our 1913 Studebaker 35. We invite you to call and
sec this new model and have a demonstration. Studebaker Cars speak for themselves
Here Is 1913 Equipment:
116 inch wheel base
34 x 4 Goodrich tire
Full flouting rear axle
Electric self starter
Electric light
Electric horn
Demountable rims
Extra rims
Three-quarter Elliptic Springs
Jift'y Contains:
Speedometer
Clear-vision wind shield
Models:
Studebaker 20
Studebaker 35
Studebaker Six
j ( KS1Sasi
BARRETT BROS.
Albany.