Jag! 5'f , Sf
VOL. XLIX
ALBANY, LINN COUNTY. O KEG ON FRIDAY, OCTOBER 10, 1913.
No. 21.
SC1ITT FILES SUIT
r
ISPSf.IV
it mi
Charges Oregon Title and Trust
Co. with Failure to Carry
Out Contract.
THE SALE OF UNNMONT
ADDITION IS INVOLVED
Plaintiff Asks for Decree Re
quiring Defendants to Turn
Over ContractsanJ Money.
Charging that the Oregon Title &
Trust Co. lias failed and neglected to
advertise and properly push the sale
of town lots in Lin union t Addition,
that they have failed and neglected
to make reports of sales or money
collected as per an alleged agreement,
Alfred C. Schniitt has field suit in
the circut court against the company,
for ;i decree declaring the contract
terminated by reason of the failure
of the defendants -to perform their
part.
According to the complaint the
plaintiff and defendant entered into
an agreement on October 6, 1910.
whereby the defedants were appointed
agents of :he plaintiff for the purpose
of disposing of a tract of land be
longing to the plaintiff laid off in
town lots and known as T.innmont
Addition, located just south of the
city limits. That the plaintiff should
pay, runs the complaint, to the de
fendant, for the services of making
sale of said laud the sum of five per
cent to be deducted from each pay
ment made and ten per ceiM to he de
ducted in amounts equal to one-halt
of each payment on said hit until the
said ten per cent on the price of the
lot has been fully paid.
I: w:ik further agreed, according to
the cnmplaiu''., that the defendant
should use all diligence to sell the
lot;;, to collect all payment-, make all
deals and contracts, to pay for all
advertising, sign all receipts, keep a it
accurate account of all purchasr-s, de
duct all commissions and make an
accounting to the plain-tiff on the
first of each month.
The plaintiff further asks for a de
cree requiring the defendants to turn
over all contracts of purchase, all
money in their hands belonging to
plaintiff and for his costs and dis
bursements. Attorneys Weather ford
and Wcatherford represent the plain
tiff. ALBANY COLLEGE TO BE
REPRESENTED BY TEAM
Work of Developing Football
Team is Progressing
Rapidly.
That the Albany College will be
represented on the gridiron this year
with a football team for the first
time in several years, is indicated by
the work now progressing for the
development of a team, which has
been under way for the past two
weeks.
That the team' will be made up of
good material is the opinion of many
enthusiasts. Xo big games will be
played this year, as this year will be
devoted to a revival of football in
the institution. Games have been
scheduled with teams of the inter
scholastic class.
The team is being coached by H. E.
Whitney, an Albany business man,
and Professor Hans Flo. of the col
lege faculty. There are many candi
dates for the team, some old players,
some from last year's crack high
school team while others arc new at
the game. Those who are showing up
good are: Modge, of the college's
last year team, Bruce and Looney.
of last year's high school team. Stew
art. French and Dresser, men of ex
perience and Ctishman. Blair, Hunt
er and Xapcr. all new men.
Estate Accountings Filed. Second
semi-annual account in the estate of
the late F. M. Gatts. and first semi
annual account in the estate of the
late Mattie J. Hoke were filed this
afternoon with Comity Clerk Mark.
F. A. Fpperley and Sam Garland are
executors.
Notarial Commission Recorded.
Saturday a fternon F. R. Fox re
corded hi-- :i"t;i hi commi-ion w:th
Conntv Clerk Marks.
N-w-s on Th -e i
t?, TVM- -MONDAY,
OCTOBER fi.
FAST FOOTBALL TOi WILL
REPRESENT HIGH SCHOOL
Season To Be Opened Next
Saturday With Game With
High School Alumni.
Albany High School will be repre
sented on the gridiron this year by
the fastest team in its history, is the
statement of Professor Lloyd Mar
quam, principal of the school, who is
coaching the team. Mr. Marqtiam
realizes that this is saying a good
deal for the local high school has
had several teams during the past
tew years that have made good rec
ords and has always been a strong
contender for championship honors.
The season will be opened next
Saturday in this city with a game
with the alumni. A schedule lias
been arranged for games with Salem,
Fugene, Lebanon, CorVallis, Browns
ville and other places, including pos
sibly a team of one of the Portland
high schools. The team will play
the O. A. C. "freshies" on October
25, in Albany. November 1 it will
play Salem there, in Eugene on the
eighth and here with Corvallis on
Thanksgiving day.
Out of 20 to 25 lads turning out
the following are making particularly
good: Montehh, Archibald, Briggs.
Hart. Me Key. Ritchie. Rexford.
Gloor. Leach. Bcals. Campbell. Cle
iand. Bass, Gildow, Looney and Da
vis. KARRISBURG WILL VOTE ON
f,Drys" Want Town to Be Re
stored to lis Former Order;
Sweet Home to Vote.
Harrisburg is to vote on the local
option liquor question this Fall, by
virtue of a petition filed this morning
with County Clerk Marks, asking for
an election to determine whether in
toxicants will he permitted to be sold
there.
Harrisburg voted upon this ques
tion at the last election and the "wets"
won while the town was dry. The
coining election will be an effort on
the part of the "drys" to defeat the
'wets" and restore the town to its
former ordor. Over ten per cent of
l he voters of that town arc signers
of the petition.
Two Linn county towns are to
vote on 'this question. While Har
risburg is voting, with the town wet.
Sweet Home wil lhe voting with the
town dry. A petition for an election
at Sweet Home, to determine whether
the sale of intoxicants will be per
mitted there was filed with the coun
ty clerk a few days ago.
9 CITY NEWS
(?t(? '
"Rural Ladies Club" Met. "The
Rural Ladies Club" met the middle of
last week with Mrs. Ella Mc Far
land for their semi-monthly meeting.
The rooms were beautifully decorat
ed with ferns and cut flowers. On
account of the Salem fair, there was
only a small attendance. After a
pleasant social time. the hostess
served ice cream and wafers, Mrs.
D. V. Shirley and Mrs. Frank
Kaph, were honor guests.
Take long Motorcycle Trip. Leav
ing Saturday afternoon, Bill Salis
bury and Ed Peterson went to the
Alsea sountry o nthe former's motor
cycle where they intend to locate and
inspect a homestead, with a view of
filing on it. Incidentally they went
well cqurpped to fish and hunt.
Services Held. With a large con
gregation present. Rev. J. D. Cum
mins, the new pastor of the Episco
pal church, conducted his first ser
vices yesterday morning. He also
conducted services in the evening.
Get-to-Gether Meeting Postponed.
According to a statement made this
morning by T. G. Hockensmith,
chairman of the entertainment com
mittee of the commercial club, the
big get-to-gcther meeting planned at
the las: meeting of the club, will not
be held this evening as intended. Ow
ing to the inability of the committee
;o prepare the details of the meeting
and to the fact that many are
of town, are the reasons aligned.
The date ha not yet been dcided
upon but it will be held sometime in
-l;e rear future. An announcement
will be made later.
Club Meeting Tonight. The exc
tive hoard of the Cotnmecrciat club
vill meet t'uutiht in regular weekly
---inn, I? is hoMrl that a- l:ir;?e an
'rc:id:uice as nossible will be had.
r- :;-r huifed to acnd.
Lebanon Pavement Completed.
According to a statement made tH
-....i by a Warrvn Cnr.wiu,'-. Co
.!,. :"'e paving of the tti;- ::i
f I.e
V. 1
16 DF IS
HATERS IS
Chicago Man Confesses to Kill
ing 14 Women Because
He Didn't Like Them.
SPENCER ADMITS TAKING
LIFE OF MILDRED REXROAT
Gloats over the Fact That He
Has Taken So Many Lives.
Gives Details to Police.
( By United Press Association)
Chicago, Oct. 0. "Women, damn
'em, ! hate 'cm. 1 hilled them just
like one would swat a fly." This
statement was made today by Henry
Spencer, who according to his own
confession, not only killed Airs. Mil
dred Rcxoat, a teacher of dancing,
last week but muredered thirteen oth
ers during the pa si ioruteen years.
Spencer slept like a chid last night.
After breakfast he was questioned by
Chief of Police McWeeny and As
sistant State's Attorney Sullivan, lie
reiterated details of the murders he
had committed and apparently showed
no remote, lie gloated over the fact
that most of his victims were women
and asserted again that he hated the
member of the female .-ex. The
chief of Police believes that Spencer
murdered at least four of the persons
mentioned in his confession.
O. II, Cole, of Stayton, attended
business matters here Saturday.
A. W. Morgan, of Toledo, was a
week-end vi-nor here.
M. li. Smith, of dates, transacted
business here this morning.
George Looney, of Salem, attended
business matters here Saturday.
John Marvin and wife, of Kugenc,
are guests at the Motel Vandran,
CIP.C0IT JUQSE GALLOWAY
HOLDS COURT HEBE TODAY
Grasts Three Divorces and
Passes Upon Many Other
Matters.
Passing- upon several orders and
disposing of several cases, including
divorces, Circuit Judge Galloway has
been holding court here today and will
continue intermittently during the rest
of the week.
Three divorces were granted on the
grounds of desertion. They were
Chrisman against Chrisnian, Kolb
against Kolb and Wat kins against
Watkins. Attorneys S. H. Hctzcl, El
mer Richardson and W. R. Bilycu
represented the plaintiffs in each of
the cases respectively.
Judge Galloway entered an order
overruling the motion in -the case of
the First National Bank against the
Oregon Title & Trust Co. Various
other matters of more o rless impor
tance were disposed of and many more
matters are awaiting the dispositioin
of the court during the week.
RHODES SCHOLARSHIP TESTS
TO BE HELD HERE SOON
Examinations for Schooling at
Oxford Univesity to Be Held
at Albany College.
Examinations to choose a repre
sentative from Oregon to Oxford
University, under the Rhodes scholar
ship play as established by Cecil
Rhodes, will be held at Albany Col
lege on October 14 and 15. Six young
men, it is expected will take the tests
and representative' from the L'niver-
I Mtv ot regori, Willamette Univer
sity, McMinnvillc College, and AI
, ba:iy College, will compete,
i Conrnittec of -elections consists of
! P. I.. Campbell, president of the (,'ni
; t'er-iiy of Oregon, chairman: Fletch
er Moman, president of Willamette
L'niver-iiv; (.'. J. I hi nell. pre-iduit
. of Pacific L'nivi-rsiiv; I.. W. Rilev.
; resident of M-:M innville College and
; H. M. Crooks, prcd-nt of Albany
College.
Directors to Meet. Th directors
ot ti e Albany Retail Men-hauls' As
sociation will meet tomorrow noor
at the St. I'r.'irci ho-l f'.r the m:t-;oM-
of making arran'trw-nts for a
.meeting Inter in the week'.
LICE CLASH
HTUCiiccDAnrnro
lUUIinMJL LU
Successor to Mrs. Pankhurst
Lodged in Holloway Prison
After Battle with Officers.
HUNDRED WOMEN BATTLE TO
RESCUE MILLITANT LEADER
Police Hide in'Wings of Theatre
and Rush Upon Women While
making Radical Speech,
London,, Oct. 6. After a tern tie
light between the police and Suf
fragette Annie Keunie, leader of tin
militant women during the absenct
of Mrs. Fakhurst, was locked ti
the Holloway prison. She was sched
tiled to speak at a suffrage nicotinic
at which it was expected she would
inp out a tresh program ot nub
lauey. Anticipating the plans of tlx
snlrageltes. Chief Inspector O'Hrien
and twenty policemen t hid in the
wings of the pavilion as M - s
Kinney began to spea': the police
men n. shed to ,l;e ptatfiinu an 1 pan
demonium reigned for full live min
utes. I he sutfragerte leader tried
and as he did so the suiiraget tes
stormed the platform. Chairs were
thrown at the officers and a hundred
women and a few men ru-hed ihc
poiice in an effort to resu.-e ;he
militant, leader. The polico were
mauled .by the women's fists, were
beaten by umbrellas and slabbed
with .hatpins. O'Briens finger was
badly bitten. Alter Annie Kennedy
was taken to the curb she was placed
in a taxieab while hundreds of scream
ing suffragetes followed. They were
soon outdistanced and the women
was lodged in jail. Miss Xinnie
clothing- was torn off in the strug
gle at the pavilion and when she
reached Holloway prison was clad
only in her tattered underclothing.
FORESTS OF LINN COUNTY
SUFFERED NQ LOSS
Thorough System of Patrolling
Timbers Keeps Flames
Out of Districts.
That for the first time in Ihc his
tory of Linn county a summer has
ended without a destructive forest
fire, was the statement of John Marrs,
of I.acomb, chief fire warden of the
county, who declared that not a sin
gle acre of. green limber was burned
in the county during the past year.
Warden Marrs says that only two
forest fires started in Linn county
during the summer and that both
were confined to dead timber and
brush, in the .hills southeast of Mill
Cily. He attributes this record to
a thorough system of patrolling the
timber and warning all hunters and
campers to extinguish fires carefully.
A system of trails and telephone lines
has been develoed whereby prompt
warning can be given in case of a fire
i ml preparations made to fight it at
nice, is responsible for the decrease
m loss to the forests, says Mr.
Marrs. ,
Mood Conditio is Worpc in Texas.
(By United Tress Association)
Austin, Tex., Oct. 6 Hood con
ditions along the lower Rio Grande
arc growing s-teadily worse The Rio
(Irr ndc in many places is over :ts
hank and a great deal -f damage is
reported.' Matamoras, Mexico, is In
undated in water from two to six feet
deep.
BITS OF NEWS F
CRABTREE AND VICINITY
"-.! -re. Or. Oct. --ia '
I . i V. y Tur:.i i- in S.i-
lem.
("rab tree is proud of its barber
hnp.
Kernicr Riby of Portland is at
r ::.e Cr::.'.r,-, ..l.ol.
Ti. i- -ret ion of t ' ( v i'i't : y h-
' a in - arc bu-y lumlin',' v-i . 1.
Vrv ;i:b-y b it l.er bond -.i', ;,, 1
Hrou r,- i!lc-I i banon Irani and
it w. i her wati-h.
OF 0L0 NEWSPAPER
C. G. Rawlings Has Print of
the Boston Gazette Pub
lished in March 1770.
C. G. R a w I i n gs h a s a c opy o f a
uewpaper which is believed to date
hack to the oldest publications of the
country and the copy he has i.
thought to be the only print in ex
igence. It is yellow with age, shows
the old time style of type, system of
paper makeup and advertisements and
contains articles of happenings of
early days.
ll is a copy of the Boston Gazette
and Country Journal, of Monday,
March 1J, 1770, published six years
before the signing of the Declara
tion of Independence. It is a small
tour page paper with three wide col
umns on each page.
Mr. Rawlings received ' lhe paper
tnrougii I lie courtesy ot an aunt, who
resides m Aow 1 ork tity. She found
ti in a house in which she is residiuu
and sent it to Mr. Rawlings, as a
uriosity.
It contains an inleroliug account
ot "the destructive consequences of
(uarteriug troops at Hoston in time
of peace, upon the pretense of sup
porting the laws and aiding civil au
thority." According to the article
oiiie dispute came up, which resulted
in an open tight in which several
people were killed. The article airs
the whole episode in an extremely
plain and frank fashion.
Y. H. C. JL HAS ARRIVED
H. J. Campbell and Family Ar
rived Saturday Night to Make
Their Home Here.
Arriving Saturday night, II. J .
Campbell, wife and three children are
here from Emporia, Kan., to make
their home, Mr. Campbell having
been engaged as athletic instructor
for the Y. M. C. A.
Mr. Campbell nays he i favorably
impressed with Albany thus far and
a Iready bays he is here lo slay. 1 1 e
will enter upon his dul ies immedi
ately and by the middle of the week,
expects to have the V. M. C. A. gym
fully organized. Regular class ex
ercises and other alhlelic activities
wil be conducted by the instructor
and it is t he plan to make lhe gym
nue of the livest ami most inleMing
places in the city, under lhe direction
id" M r. Campbell.
Aide from having experience in
instructing in gymnastics, Mr. Camp
bell has had considerable experience
in coaching basketball teams. There
is a probability that he may be en
gaged to coach the teams of the high
school and college.
(
) PERSONAL MENTION.
i (.i
$
Mr. and Mrs. R. L. Burnet I return
ed Saturday night after attending the
state fair.
Mrs. Fred lilount returned Satur
day evening from Salem where she
allended the state fair.
Miss Mabel Blount was a Satur
day afternoon passenger lo Salem to
attend the state fair.
Mrs. VV. W. Cooper, of Ncwbcrg,
arrived this noon to attend business
matters,
The St. Francis was crowded to its
capacity Sunday night. Large
crowds attended the special Sunday
dinner.
Mrs. R. J. McFlmurry and Mrs. AI
lic Kitrrc, have returned tn the cily,
after visiting a month in Benton and
Polk counties.
J. C. Mill, wife and son returned
this noon to their home at Philomath
aficr visiting at the home of Mrs. I.
F). Stevens, mother of Mrs. Hill.
Fred Mc HI wain, of Toledo, is a
business visitor here today.
Mrs. J. F. Kamph, of Tangent, vis
ited friends here yesterday.
F. II. Hauler and wife and R. R.
De Poc and family of Siletz, are stop
ping at the Hotel Vandran.
K. Black, of Corvallis, was an over
Sunday i-itor brre.
Mi'-s Blanche M annuel sang by re
'iict at the First Presbyterian
church at Corvallis Ia-t night.
Misi Lila Patton left Saturday ev-
i-iiing for her home at Halscy where
j she will remain after making her
) !:o!in- here for the past several
j nionthv
; W. F. Pogne. of Salem. Is a bllsb
i.e-s visitor in the' city today.
I Car I n.iyton and wife of Sab-m
!- rr-.'i-terr-.l at the St. Francis.
! Mr. and M rs. Worth I fust on and
1 oti Pay returned Saturday nighl
f'oMi Sab-iM where they attended tin-
- s'e fair during (lie wee!;.
Mrs. fb-iff King and daughter Miss
I 'V and Mi; Rnt!i Rawling- rrinrind
tiirday i:bt after attending the
fair.
't v. J. T. Sharp n 'turned ihi- mom
i ing from Sfndd' where he condu t-d
Sunday 'ervh es.
iE
W. H. Bowman. Holding for
Conviction. Held Up jury
of Six.
TRIED CASE OF OREGON
AGAINST GEORGE BLACK
Defendant Was Charged With
Shooting Quail Out of (
Season.
Holding for conviction as charged,
one man hung the jury of six for over
nine hours, in the case of Oregon
against George Black, charged with
shooting quail out of season.
After deliberating from 2:.10 Satur
day afternoon until shortly before
midnight, the jury was called on:
J u si ice Swan and discharged, having
failed to reach a verdict. Afler de
liberating for that period it appeared
that the jury was hopele-sly hung,
and in iew of the approaching S.ib
balh, ;he action of Justice Swan was
prompted by the fact that he :.uihl
:iol discharge a'jury on Sunday. Dale
of the next trial has not been decided
Black was arraigned in conn Sat
urday morning for trial and the tak
ing of testimony in the case was com
puted at 2:M) o'clock. Many wit
nesses were called and lhe case was
Lylly contested. Shortly after 2:111
o'clock lhe jury was excused,
?d embers of the Jury were It, J.
Ilecker. W. II. Bowman, W. II. Palm
Mr. Joseph Myers, F. L. McMauiels
and F. F. Sehullz. Attorneys in the
case were Deputy District Attorney
Man Johnston and Charles II. Cdoss,
ul Corvallis.
It was said that throughout the
deliberations of the jury the hallo:
stood 5 to 1 for aipiillal. All of the.
members of the jury, it is said, ad
mitted the guilt of lhe defendant,
but those holding for aciiiallal, it is
claimed, maintained that the case was
lhe result of a family quarrel and
denounced a law that would punish
a man for shooting a hob white. W.
II. Bowman was the juror who slood
conviction and is accredited with say
ing (hat if a man is guilty of viola
tion of a law, he should be punished
accordingly.
HIGH SCHOOL STUDENT
BODY OFFICERS ELECTED
Orville Monteith Will Head Or
ganization: Freshmen Re
ception to Be Held Friday.
Orvillr Mmitcilli, a senior antl cap
tain of t.lic football team was elected
president of the Albany I Hub School
student body at the :nnlial election
held ibis morning. Oilier officers are
as follows: Vice president, Raymond
Archibald, secretary; Nellie Snyder,
treasurer, Archie l.eacb. All the lest
of l.he officers are seniors with the ex
ception of Miss Snyder, who is a ju
juur. Election of officers for the athlet
ic association will be held this after
noon at .1:40 o'clock, jnst prior to the
closinf of school. ,
The student body al o elected two
members of the Whilrwind staff, the
hih school paper, as lequired by the
constitution of the student body or
ganization. They were a business man
ager and a subscription manager. Two
'cniors, Melle Thouip'on and Oidtner
f;ildow. were res;iec'ivdy elecled. The
latter is also president of the senior
class.
Miles McKey has been chosen editor-in-chief
of the Whirlwind by the
faculty and sometime this week, the
lhe present members of the "tali will
i:it loKc'her ami select the ret of
the members of their staff wilb the
exception of class editors who are
elected by the various classes. The
senior cl.i.s has already elecled offi
cers and the oilier classes will hold
elec'ious during the comini; week.
On next Friday eveuinif in the au
ditorium of the lii?li school the an
imal reception to the freshmen will
be held. Members of all three of the.
upper cl.T-scs will art as hosts on this
or-c.-i-ion. This was decided at the
'K-' tintr of the student body Ibis morn
tin;. A program is to be arranged and
r'fn's!;iiicnu will be served.
Mr. and Mrsl J. F. Powers of I'
hud were registered at the Hair
tod iv, Mr. I'- crs is .'i furniture man
of ihe kosc ( iiv and paid a fine 'ri
l.ilte to Mr II imiucl on the new ho
tel bniMii!:' He said il was a bin
rr.lit lo Albany.