VOL. XLVIII. ALBANY, LINN COUNTY. OREGON, FRIDAY, APRIL 18, 1913. NO 49. HERALD FOREMAN IKES AFFIDAVIT Gives Out Statement of Number of Papers Printed in the Office. FOREMAN AND MANAGER FAIL TO AGREE ON FIGURES Herald Accuses Democrat of Dishonest Methods; Answer ed by Their Foreman. Conducting a persistent campaign of misrepresentation and making un warranted and unjustifiable attacks upon the Democrat, E. M. Reagon, the business manager of the Evening Herald, has at last succeeded in at tracting the attention o'f this publica tion. Not until he accused the Democrat of using dishonest methods in secur ing our large list of advertising pa trons, has the Democrat been willing to burden its subscribers with a re ply. The Democrat has always been, and now is, in a position to ignore the Herald and were it not for the open charge of dishonesty printed in a recent issue of the Herald, the Democrat would adopt its usual cus tom and permit these attacks to go unchallenged. It has been our ob servation that "its the dog that's hit that velps" and if the Democrat were not hitting the Herald, and hitting it hard, the attacks upon this publi cation would end. We know of no hettcr way of an swering the Herald than through the sworn affidavit of a man, who until Saturday night held the position as foreman of that publication, and who has held this position for the past two years. The sworn affidavit of Mr. Reagan shows the average daily circulation of that paper to be 1080; while the sworn affidavit of the Foreman, as published below, shows that the total circulatir-l, including exchanges is be tween seven and eight hundred. ': -The a'fidavit of the former em ployee of the Herald is submitted for what it is worth and our sub scribers are at liberty to draw their own conclusions as to which of the two gentlemen named told the truth. The following is reprinted verbatim from an affidavit filed with the post office authorities at Albany, Oregon, by the Albany Evening Herald. The affidavit is signed by E. M. Reagon, and subscribed and sworn to before L. L. Swan on November 29th. 1912. "Average number of copies of each issue of this publication sold or dis tributed through the mails or other wise to paid subscribers during the six months preceding the date of this statement. 1080." The following affidavit covers the same time and is subscribed and sworn to by T. G. Ruth, who until Saturday night held the position as foreman of the Herald, the affidavit having made before Attorney Dan Johnson; State of Oregon, County of Linn ss. I. T. G. Ruth, being first duly sworn, depose and say that for the past two years I have held, the position as foreman of the Albany Daily Herald, of Albany Oregon; that I resigned from such position on April 12th, 1913; that I had' general charge o'f the back office of said paper and know of my own personal knowledge the number of papers printed on both the daily and Semi-Weekly issues; that at no time except on Saturdays when extra naners were orinted have there been more than Eight hundred and forty papers printed on the Daily per (lay, about fiftv or sixty of which were ex tra papers: that at no' time during the same period except when extra pa pers are printed has there been more on : t . t c : ir.-i.l-. man euu copies ui ine jeuii- vv ccmy printed and of this number at least fifty of which are extra papers; that a very considerable number of these naners on both the daily and Semi Weekly papers are used as exchanges and for the purpose prooving adver tisements from firms located outside of the county; T. G. RUTH Subscribed and sworn to before me this 14th day of April 1913. DAN JOHNSTON Notary Public for Oregon. (Seal) State of Oregon, Cnuntv of I. inn. s. We. Win. H. Hornibrook. Manas injr Editor, and Edward Viereck, Fore man of the Albany Daily Democrat, being first duly sworn, depose and say that the number papers printed per day for subscribers to the above named paper is 1050: that of this number, the average number of extra copies per day js approximately titteen. VM. H. HORXIBROOK EDWARD VIERECK Subscribed and sworn to before me this 14th day of April 1913 F. P. NUTTING Notary Public. r.rr, F Warner, of Scio. after sev eral days' visit in Albany with his on and daunhter. returned to his LINN COUNTY HAS SEVERAL VERY TALL Three Men Over Six Feet in Height Applied For Fishing License. Three men over six (cet tall made application at the county clerk's of fice Saturday for fishing licenses. They were, Owen King, of Halscy, 6 feet 4 inches. 190 pounds; C. L. Tower, appropriately named for his 6 feet 5 inches of manhood, 180 pounds and Cloyd D. Rauch, 6 feet 1 inch, both of this city. Their nearest competitors from aheight standpoint was D. J. Ballentyne of this city, who is 5 feet ll'A inches. According to County Clerk Marks Saturday was a big day for the sale of fishing licenses and as a result of the day's business transacted at the clerk's office crowds of local nim rods infested the lakes and streams throughout this section of the county yesterday in pursuit o'f the palate soothing edibles of the clear depths DR. W. B. GOQK VETERINARY LOUIES IN THIS CITY Graduate of Big Eastern Col lege Opens Office at Palace Feed Stable. Dr. W. B. Cook, a veterinary sur geon, has favored this city by estab lishing an office here, having decided to locate in Albany. The doctor is a graduate of the In diana Veterinary college of Indian apolis, nd.,and comes as a highly recommended veterinary surgeon. His home is in Cincinatti, Ohio, where he has practiced his profession for three years after graduating from college. Dr. Cook has opened an office at the Palace Feed stables, foot of Ferry street, and his residence is at the corner of Sixth and Ferry streets. He arrived in the city about a week ago and before deciding to locate here had visited several cities of the valley with a view of locating. JUOSE GALLOWAY ADJOURNED MARCH TERM OF COURT Divorce Was Granted to Anna Bretthauer; Case of Cladek Vs. Poste Not Decided. After granting a divorce to Anna Bretenhauer from George Bretten haucr on a charge of desertion Cir cuit Judge Galloway adjourned the March term of his court until May 17. Durine the term the iudire disposed of many cases and the docket is con siderably cleared up. Judge Gallo way left for his home in McMinnville late Saturday atternoon. Ihe judge did not render a deci sion in the case of Cladek vs. Poole as was expected Saturday afternoon but took the case under advisement. This is a case to foreclose a mort gage. CITY COUNCIL WILL MEET IN ADJOURNED SESSION Special Session of City Fathers for Purpose of Considering New Building Ordinance. The city council will convene an ad journed session tonight at 7 o'clock for the purpose of further considering the new building ordinance as intro duced at the last meeting of the coun cil. The ordinance will be read tonight for the second time and placed upon its final passage. At the last session the ordinance was read the first time and upon. motion was read the second time by title only. Upon a motion it was referred to a committee on or dinances and this committee will ren der its report tonight along with the second reading of the ordinance. The ordinance was drafted by Coun cilman Blount from the articles of the old ordinance and many new clauses have been inserted. It pertains to the fire limits and the construction of buildings therein and provides for protection against fires and repeals all ordinances in conflict with the pro visions of its articles. Mr. and Mrs. W. H. Hogan Satur day evening returned from a week's stay in Portland. News on This Page is From Daily Issue of MONDAY. APRIL 14. s3)!) T OF HULEN TEAM Eight of the 12 Men Thus Far Reported Are from This Slate. FIRST REAL PRACTICE WAS HELD SUNDAY AFTERNOON Manager Hulen Will Take Six teen Men North With Him. iweive ot Manager liulen s men are here for the three weeks' try out with the Regina team, of the Western Canada league were out yesterday af ternoon for the first real partcice since arriving in the city. Before tomorrow it is expected that four more men will report here for practice, making sixteen in all. Man ager Hulen is reputed to be one of the best baseball judges in the North west league, and is an old time base ball player, having played in some of the best leagues of the country. He has been connected with the Western Canadian league for the past five years, having managed the Medicine Hat team for three years and this year will make his third year as man ager of the Regina team. Manager Hnlen has been a resident of Roseburg off and on' during this period, where he is engaged in some kind of mercan tile business. He is well familiar with all the players of Southern Oregon from which section the majority of his material is selected. Eight of the twelve men who have thus far reported, are Oregon boys and several of them have played at (lincrent times' with semi-prolession al teams in Portland. Four of them hail from Roseburg, and one each from Eugene, Grants Pass, Cottage Grove and Crcswell. Catcher Dave Davidson, better known as"Pop,"' is the only man who was with the Regina team last year. has played with two teams under the management of Hulen in this league for the last five years and is old timer at the game. Besides Davidson there are two other catch ers on the staff who are Al Baker, of Oakland, Calif., and Llye Gray ' of Roseburg. The former has been play- ng tor the oast two seasons with Medford and Grants Pass, and the latter has played in the same territory. Manager Hulen s pitching stall con sists of Ari Hargraves, of Roseburg, John F. Irwin, of Oakland, Calif., D. W. Rankin, of Creswell, and S. Bier, of Eugene. Hargraves was raised in fortland where he learned the game. He played last year with Gresham in the tri-city league. He has-also play ed with other Portland teams. He has been residing in Roseburg for the past year. Irwin gained his main ex perience in baseball, with the Oakland High School team of which he was captain for two years. He also played with the University or Lalifcorma team. For the past two seasons he has managed teams at Glendale and rort Klamath in Southern Oregon. Rankin has played with various teams of the valley and Bier played last season with the Maysville, Kentucky team of the Blue Grass League. Prior to that time he played in several teams in the Middle West. First sackcr, Earl Hull, has played ball at Cottage Grove for several years. Last year he played with Ray mond in the Washington state league. Infield Jack Hargraves is a brother of Art, gaining his experience of base ball mainly in the tri-city league and around Portland. Dinkey Williams, another infielder, hailing from Grants Pass, has played with various teams in Medford. He had a mid-season try-out wiih Sacramento in the state league but was disqualified. How ever, he is reputed to be a comer. Outfielders Charles Look, better known as "Doc," oS Seattle, and James Jewett, of Roseburg, are here for duty. Cook played last season with the Ketchikan team of the Southeast Alaska league and Jewett has played in Southern Oregon. JOHN M'CHESNEY SECURED CONTRACT FOR THEATRE It was learned shortly before press time that Contractor John McChesney had landed the con- tract for the construction of the Bligh theater corner First and Broadalbin streets. The sum in- volved in the contract could not be learned at the hour of going topress. The Meyers of this city are constructing the building upon which the well known theatrical man of Salem. Mr. T. G. Bligh has taken a ten year lease. S M COMMISSION IS Session Convened This After noon at County Court House Under Councilman Miller. MANY WITNESSES ARE TO TESTIFY AT THE SESSION State Railroad Governor Will Leave on Inspection Tour Tomorrow Morning. Chairman Miller and Commission ers Campbell and Aichison, compos ing tlje Oregon State Railroad com mission arrived in the city this noon and are holding an open session this afternoon in the county court room for the purpose of taking testimony with reference to' the condition of the Corvallis & Eastern R. R. 1 he inmnrv is under the supervision of Chairman Miller before the other two members of the commission and leading railroad officials are present including President J. K. eather ford of this city. Up until three o'clock all of those who came before the session had not testified. . The witnesses are those who reside along the route of the road and owners of land through which the road runs. Several prominent commercial fig-i tires and heavy shippers of the rail road are included among the wit nesses. A complete investigation is being conducted into the condition of the tracks, road bed and ctuipment of the road and the subject of train schedules will receive the undivided attention of the commissioners. The investigation was instigated over 'the fact that many accidents have recently happened on this road ami by the fact that numerous com plaints have been coming before the commission from the people depend ent upon the roadjor their wellarc. Sum mine ut all of these evidences and factfe "regarding the-ircumstances of the railroad the investigation is being" made upon the commission's own motion, as the official term goes. This means that the commissioners took the matter up of their own ac cord. The inquiry is a formal one and the official reporter for the commission is taking the testimony submitted at the meeting. It is probable that the session will last all the afternoon. Tomorrow the commissioners will leave on a special train for an in spection trip over the entire eastern division of the road, going to Hoover and returning the same evening. Stops will be made at all stations and it is probable that some of the officials of the railroad will go along, ready to give their side of any disputed ques tion. Wednesday a special train will con vey the commissioners over the west ern division of the road, making stops at all the stations. In the evening the Newport Commercial club will tender a banquet to the investigators. W. A. Ledbcttcr, of the Albany Nurseries, returned to Polk county this morninff. where he is doing ex tensive work for the company. He showed- some Franqucttc walnuts from the 80 acre orchard of John Stumn. in Polk county, The trees are now eight years old and yielding from 30 to SO pounds to the tree. With nearly 2500 trees, it is. easy to figure a fine income trom the busi ness, the 1'retz orchard, near Aier lecn last year had an output of about $50,000. speaking for the profitable ness of the walnut business when properly run. A. W. Blackburn, a prominent Leb anon druggist, formerly of this city, went to Portland this morning. Cecil Cathey is - now doing the towns around Albany with his book keeping system. He covers the ter ritory from Ashland to Astoria and east to Baker. Jas. Racett, elevator man at the St. rrancis. left this morning tor rort land, and thence to Idaho, where he will do the bell-hop act. REGULAR WEEKLY SESSION OF COMMERCIAL CLUB The regular Weekly session of the Commercial club will be held tonight and it is hoped that a full attendance of the official board will be Dresent Manager Stewart announced that several matters of importance are to come up including the subject of sev eral correspondents. It is probable that the committee which has charge of preparing the big clam feast the occassion of the rejuvenation cere mony of the club will report at the meeting tonight, with regard to the progress attending their ellorts. Hon. J. K. Wcatherfurd went Salem this morning. to NQU1RY DEARTH IN MATRIMONIAL ACTIVITY AT LEBANON Brought to Public Notice by Paster of One of Largest Churches There. That there is a dearth of matri monial activity in Lebanon and vi cinity was brought to public notice by the report of the pastor of one of the largest churches to his congregation last Sunday. He announced that the church had a membership of nearly 300 and in the half year of his pastorate he had ta ken in 50 new members, that he had conducted three funeral services of members, that the finances of the church were in splendid condition, but that he had not performed a single marriage ceremony, nor had there been a marriage among Ins congrega tion or membership in the half year. This the pastor declared was some thing he had never experienced be fore in his score of years in the min istry. REV. CUMMINS TO TAKE CHARGE OF ST. PETERS Arch-Deacon Chambers Makes Announcement at Service Last Evening. St. Fetcrs Episcopal church is to have another rector in the person o'f Rev. J. D. Cummins, of Philadelphia according to an announcement maU by Arch Deacon Chambers from the pulpit ot the church last evening. Mr. Chambers conducted the -services at the church yesterday evening. In announcing the fact that Rev. Cum mins had been secured to take charge of the local rcctorate, the archdeacon said that the minister had been hmhlv recommended ami that he considered the choice a very fortunate one. Rev. Cummins will not arrive in this city until sometime the lore part ot bept ember at which time he will assume charge of his duties. LONELY MAN SUCCUMBED AT NORTH ALBANY SATURDAY Nothing Could Be Learned of the Past History of Frank Archer. Frank Archer, an aged resident of North Albany, died suddenly at his home Saturday morning after a lin gering illness of brights disease. . 1 he deceased was regarded by res idents of North Albany as a very peculiar old man. He lived in solitary lontincss, save in the discharge of his duties for a livlihood as a gardncr for people of the neighborhood.' iNothing could be learned ot the past history of the man, as he never was disposed to talk of himself. How ever, he had previously said that he came to this country from Minnesota and has resided at North Albany for the past six years. Whether he has any relatives could nol he learned as he positively re fused to talk on his death bed with re gard to himself, save that he has some money in the bank and that he has an insurance policy for $1000 in favor of a little girl. I'rienda who cared for him during his illness have failed to .find any money belonging to him in the local banks and no trace of the policy can be found. l ie funeral services were held yes terdav afternoon, the services being conducted by residents of North Al bany. Interment was in the cemetery at that place. NEW SIDEWALK TO BE LAID IN FRONT OF BANK BUILDING Workmen are busy today tearing up the' old cement sidewalk in front of the new First National Bank build ing, preparatory to replacing it with a modern cement sidewalk. The old walk is probably the oldest sidewalk of its kind in the city and was laid in front of the old S. r- Youn & Son store years ago. This store building was .removed to make way for the new building. This cor ner is probablv the most conspicuous corner in the business district and the o d sidewalk shows much evidence of usage. Rev. Chambers, of the Episcopal church, returned to Portland this morn in if after snending Sunday in Albany, preaching at the Episcopal church. He has been coining here for ten or twelve years, starting under Bishop Morns. Harold, D. Ellis, of Los Angeles, has been in the city, his former home looking after collections for the Urc iron Nurseries Co. He now travel out of I.os Angeles for the company and reports a good California busi n ess. ALBANY HAS FAST BASEBALL TEAM It Will Probably Be the Fastest Aggregation in the Valley. BASEBALL SEASON TO BE FORMALLY OPENED SUNDAY Practically All of the Old Play ers Are Included in This Years Lineup. There is no doubt but that Albany will be represented the coining season bv one of the fastest teams in the lley and this was strongly indicated by the showing made Thursday after noon at the baseball park against the hard hitting and fast fielding Port laud team of the Northwestern league. The Albany boys lined up against this team without having any practice whatever and when they went on the field for the first warm-up prior to the game it was the first time the aggregation had been together this season. Some of the players had had some individual practice but oth- ers hadn't practiced at alt. Regardless of their uupreparduess for the contest, all of the members of the team made a splendid showing, by accurately lieldmg and hiltiiig the ball hard. Few of them fanned and during the game eight clean hits were made off of two of Nick William's best pitchers, Agnew and Doty. Con sidering all of this and in view of the sloppy condition of the field, Man ager Al Senders is elated beyond ex pression over the showing his team made. "Hill" Patcrson pitched a splendid gam'c and allowed the Colts only two runs during the five and one-half in nings he pitched and his work indi cates that he will exceed his splendid record of last year. "Hill" Saulsbnry who pitched the remainder of the game was m no condition to play, a lid.-, all owed ..the. ..ror-Uande-iwauy .. hits. It is probable that with a little practice he will round out into his original form. Lyle Bigbec, a star the pitchers mound ot last year r the Athletics, who' is now rcsid- ng in Eugene where he is attending he university, "will probably pitch r the team again this year. Captain Monson, reputed to be one of the best out fielders in the valley, played throughout the game in mid-season form, roping in several hard chances and batting some hard liners. Micklc was unable to play in this game on account o'f being detained at his place of business, but will be included in the lmc-ui for the season. It is not definitely known who will play the other field position. It is probable that Kyals who played the position splendidly Thursday fir Martin will be assigned to this place or else Hig bec or Salisbury will play there when not pitching. Carson Bigbec has been signed for third baseman again this year and started out Thursday in his usual good form, fie is said to be the speediest it tie player in the valley. Carter Lee will play short stop again this season and Claud Swan, of Corvallis. is slated as the regular second base man, rtwan played several games with the Athletics last year. Colbert, a Corvallis lud, played first base and made such a good record, at the bat during the contest that it is probable he will be slated as the regular first sackcr, for he is quite adept at play ing this position. Colbert will also serve as reserve catcher in place of Dave Patterson who will be the regular catcher again lhi& year. As was scheduled the game between the Regina aggregation and the Ath letics was not played yesterday after noon on account of the condition of field but this game will take place next Sunday with auspicious cere monies. Ihe game will virtually open the season in this city and Manager Senders is now making arrangements for the opening. According to his ittan as indefinitely set forth at pres ent a band at the head of the parade will lead the nrocesston of fans and players to the field, where Mayor Gil bert will pitch the first ball over the nlate to Grant Pirtlc who will stand behind the batter, Charles Thrasher, All three trcntlemen- are included among Albany heavy weights. At the completion of other ceremonies the big contest will be on. A. P. Blackburn, of Lebanon, this morning left for Uki, Umatilla county, where he will spend the summer look ing after property in which he is in terestcd. Miss Grace Cronsh returned from her school near Lebanon last Wed nesday. C. C. Judson, of Ilalsey, was a busi ness visitor in this city today. He has been a subscriber of the Democrat for the last 35 years, A. C. Schmitt went to Portland on the 9 a. m. train today. Misses Swan and Pratt, of the Crawfordsvillc schools, have been in the city spending the spring vaca tion here with friends and relatives. home this forenoon.