Ov. "ft
VOL. XLIX
ALBANY, LINN COUNTY, OREGON, TUESDAY OCTOBER 28, 1913
No. 26.
FIRE DEPARTMENT
TO BE REORGANIZED
Ordinance to This Effect Intro,
duced Last Night at
Council Meeting.
PLACED IN HANDS OF COM
MITTEE FOR CONSIDERATION
Calls for Creation and Regula
tion of Department on
Larger Scale.
That the Albany fire department
may be reorganized, made more ef
ficient and that six more men may be
put on the pay roll, became known
last night at the council mec'ing, when
an ordinance was introduced creating
and regulating the department and
repealing all other ordinances in con
flict therewith.
The ordinance was drafted and in
troduced at the instance of the board
of fire delegates. The president of
that body appointed a commission to
draft it as a reconstruction ordinance
for the department. Following the
.second reading of the ordinance it was
referred to the committee on fire and
vater for consideration.
According to the ordinance the de
partment is to consist of a chief engi
nees and assistant, presiJeiu, secre
tary, treasurer and board of contiol
t 5 members. Elections are to be
held on the second Monday of Dc
ccniber, 1913 and annually ihcrcaf:er.
Notice is to be given by the secretary.
The first two named officers shall be
liable to a fine of $2.00 for absence
or failure to perform their duties.
When a vacancy occurs in the office
of chief engineer the assistant is to
serve for the unexpired term and the
foreman becomes assistant,' etc. The
c:hief is to receive an annual salary
of $200, paid quarterly. The depart
ment shall be allowed- for ordinary
expenses the sum of $25 quarterly. No
person shall be allowed to vote in
any election, unless he has been a
member of same for 30 days prior.
When a vacancy occurs in any office
it shall 'be immediately filled through
an election held by the board. "At the
annual election the department shall
elect a foreman, two assistants, the
president, secretary and treasurer to
serve one year.
The chief engineer shall have pow
er to appoint six call men who shall
lodge at the fire house and at all times
from seven o'clock p. m. until five
o'clock a. m. shall be subject to the
chief's orders and to answer all fire
alarms. Each man is to be paid $10
per mouth. The chief engineer is to
report to the council all fires, their
causes, damages, etc., anil see that
any persons criminally connected
therewith are diligently prosecuted by
the proper authorities.
The foregoing are the main features
of the ordinance. Many other stip
ulations are made of more or less im
portance in the construction of the
department. The committee to which
it was referred is to render a report
to the council before it will come up
for final passage.
ANOTHER LODGE WAS
ORGANIZED LAST NIGHT
Albany Council 2470 of Knights
and Ladies of Security
Starts With 30 Members.
The Albany Council 2470 of Knights
and Ladies of Security was organized
last night at Buzzard Hall with a
charter membership of 30. Edward
Shellenberger, state manager of Port
land, instituted the lodge. The order
was organized by Mr. and Mrs. EK.
Thompson, district managers.
The officers elected were: Charles
R Reynolds, president; Mrs. Coyne
Walton, vice-president; Mrs. Rosa
Lee Moore; second vice-president.
Rev. J. D. Cummins, prelate; Mrs.
Winnie O. Chance, conductor; L. F.
Walton, secretary; J. R. Pennington,
financier; Carl Crawford, guard; Ray
Sues-sen, sentinel. The trustees are:
C. M. Mason, T. F. Chance and Doug
las Ellison. The musician is Mrs.
Chas, Reynolds. The captain of the
degree team is Mrs. Vesta V. Xcw
ton. Dr. L. E. Tracy, is the medical
examiner.
The lodue will hold its first meet
ing next Tuesday night at Hussard's
hall. At this meeting the first busi
ness is to be transacted. A place of
meeting will he chosen and the date
of the regular mating will he desig
nated. A nmM pleasant social rssion
was held last night, after which re
freshments were served.
?S3$$)S
(i- r.-
News on This Page is
Prom T"H lv Tii( f V
THURSDAY, OCTOBER 24
(SSS(SSSS
LUMBER COMPANY CLAIMS
OWNERSHIP OF PROPERTY
Brings Suit to Quiet Title to
Timbered Tract in Lane
and Linn Counties.
Praying for a decree requiring the
defendants to disclose the interest
claimed by them in an estate, that
they have no right to title to the land,
eiuieting the title to the same and for
such other relief that the court shall
deem proper, the Portland Lumber
Co., a corporation of the Rose City,
has field suit in the circuit court
of Linn county against Matt Munson
and any other parties claiming title
to lands involved in the suit, to quiet
title to property in sections eight and
ten of 'township fifteen, south range
one east of the Willamette Meridian.
According to the complaint the
property was secured by Munson
through a United States patent. It
is alleged that because he allowed the
taxes to become delinquent, the sher
iff sold it to Ina Finley, who later
sold it to Justin Wentworth. , The
latter sold it some time later to the
company, it is claimed, and that not
withstanding the premises, the de
fendants assert some claim in the
property. It is timbered land, located
partially in Linn and Lane counties.
The plaintiffs seek a decree declaring
the owners in fee simple of the land.
o
CITY NEWS. I
sG)e
Assumed Business Names Filed.
Certificates of assumed business names
were filed this morning with County
Clerk Marks by three concerns as
follows: Lebanon Cash Produce
Company, of Lebanon, W. D. Brown,
proprietor; Bode Sales Company, of
Lebanon, B. C. Bode, proprietor; Leb
anon Hardware Company, of Leb
anon, R. L. Gilson, proprietor.
Marriage Licenses Issued. Yester
day afternoon and the day before the
following marriage licenses were is
sued: Charles Sheppard, age 42, of
Salem, and Lennic M. Andrews, age
33, of Lyons: E. E. Payne, age 24,
of Albany and Mae L. Seeley, age 20,
of Lebanon; Thomas Ferguson, age
22, and Florence Fedemeyer, age 20,
both of Albany, and Raymond Logan,
age 23. and Stella Farmer, age 20,
both of Halsey.
Here from California. Here for
the purpose of looking over the coun
try with a view of locating, Jonathan
Warner, of Frisco and Wi. A. Miller,
of San Diego, visited the Commercial
club this morning and gained consid
erable information from Manager
Stewart. They said that they are
looking for a better country and that
they are tired of California. Boih are
favorably impressed with the Willam
ette Valley.
Has Civil War Sabers. This morn
ing Sam Worrell showed to a Demo
crat representative two old sabers that
were used in the Civil war. They
were secured by Mr. Wheeler, who
recently returned from a trip to Mis
souri from an old time fried of his.
for the collection of war antiques of
the local G. A. R. The sabres are
in fairly good condition. They bear
the name of Company M Missouri
United States battery and arc curved.
Mr. Worrel said that they are the
regulation artillery saber of the Civil
war period.
Converted Commedian to Speak
Here. Capt. Chas. H. Stanley of Cal
ifornia, well known in F.urope and
America as the converted comedian
will sveak and sing at the Christian
church Friday and Saturday nights of
this week. Oct. 24 and 25. Capt. Stan
!cy was for 20 years a comedian and
linger on the American stage and was
acknowledged one of the leading
lights in his profession. For the
!ast 17 vears he has been engaged in
the uplift of humanity. He is a flu
ent talker, a ready wit and a natural
entertainer. He sings his own origin
al songs which have made him famous.
Among the most successful are "I'm
Serving the Lord in Mv Weak Way.'
"You Must Unload," "We Love You,
Dear Old Oregon." He spoke seven
consecutive Sundays at the Los An
geles California. Y. M. C. A. Stanley
comes in the interest of the "Out to
Win" committee, the meeting being
at 8 o'clock.
SHERIFF TAKES BARBER
ON JAIL BREAKING CHARGE
A. F. Odell is Speeding Back
to Ritzville to Serve Un
expired Jail Term.
Quietly and unexpected!-, Sheriff
James of Adams county, Washington.,
arrived in Albany on a late morni'ij
, train, took A. F. Odell. a barber who
I conducted a shop at the St. Francis
i Hotel, into custody and departed on
:;-e 1 o'clock train for Ritzville. Wash..
where Odell is said to be wanted on
j a charge of breaking jail,
j So Middetily and hurriedly was the
' Washington sheriff's mission in the
i ,:tv that when 'ccn he could not give
' the detail concerning the case. How
ma er, investigation of local police rcc
. m-.U -how that Odell was serving
time in the Ritzville jail on conviction
"i" a char ire. accusing him of contrib
uting to the delinquency of ? minor.
z
Declines to Sail for Havana on
Board Gun Boat. Friends
Fear Violence.
WASHINGTON AWAITS RE
SULT of Sunday election
Powers Now Appear to Agree j Rescue Work Proceeds. Wo
With Administration View j men and Children Beg for
of President Huerta. i News of Relatives Fate.
(By United Press Association)
Washington, Oct. 23. An ur-
gent warning was today sent by
Secretary Bryan to President Hu-
erta against harming Daniel and
Kvarista Madero, the late pres-
ident's two brothers. They were
arrested in Monterey, charged
with plotting to turn the town
over to the rebels.
&
Vera Cruz, Oct. 22. Felix Dvaz
boldly disregarded the orders of Pres
ident Huerta to leave Mexico and
the situation is threatening. If he
nersists in defviner Huerta it is he-
l lieved that another revolution will re
sult. Friends of Diaz are urging him
to obey Huerta but he declines to
yield. They are prepared to fight
however if Huerta attempts violence
but it is feared that Hyierta wi!l act
so suddenly that figlfting will not
save save his life. The departure of
Diaz would mean his elimination in
the presidential contest. In his capac
ity as president and commander in
chief of the army, Hiierta ordered
Diaz to go to Havana aboard the
gun boat Zaragoza. In the event of
his continued refusal Huerta will have
him arrested and shot for disobedi
ence. Washington Awaits Election.
Washington, Oct. 23. Cipher mes
sages received by the state depart
ment reported the Mexican situation
extremely serious. The president and
Secretary Bryan discussed the sit
uation this afternoon. They, denied
that intervention was under discussion
at the conference. The administra
tion's attitude will remain unchanged
it is said, until after Sunday's elec
tion. Washington, Oct. 23. Admitting
displeasure at the British attitude co
wards Mexico, the administration to
day denied that it was anything but
gratified over the other powers' view
of the situation. Certain newspapers
attempted to make it appear that the
strengthening of Germany's ' and
France's naval forces in Mexican wat
ers is a slap at the United States. The
administration, it is explained, takes
a different view of the situation. The
fact that both Germany and France
.recognized President Huerta and la
ter sent men of war to Mexican wat
ers, indicates that these powers now
recognize their mistake in "treating
with the Mexican president and now
share the same view that is held by
Washington. These powers have vir
tually said that Wilson "is right and
that they were wrong. It was in ti
nted at Berlin and Paris that the for
eign offices at these cities are con
sidering the withdrawal of their for
mer recognition of President Huerta.
Lives Lost Defending Church.
Mexico City, Oct. 23. Forty were
massacred while defending the church
Chcran Aticuran in the state of Mich
eacon against looters. According to
the dispatch the church was looted
and burned.
Diaz Watched By Sentries
Vera Cruz, Oct. 23. Sentries were
placed around the house where Gen
eral Diaz has stayed since his arrival.
He was warned that if he tried to
leave he will be locked in a cell im
mediately. Drunk in Pole Court John Doe
Bcrrye Was arrested last night on a
charge of drunkenness and this morn
ing arraigned in police court. He did
not have the money .and upon con
sideration that it w;5 his first offense
he was allowed to go out and borrow
the twelve simolcons.
Married at Parsonage. Edward E.
Payne and Lucilc Seeley were united
in marriage at the residence of the
officiating clergyman. Rev. F. W.
Fmeron yesterday afternoon. The
immediate relatives of both of the
contracting parties were witnesses of
the ceremony. Mr. and Mrs. Payne
went to Portland on the evening train.
j They will return the first of !he week
i and be at home to their friends in
(their home on We-t 11th street near
j Washington.
Albany College Comes Back. Al
bany College will play its first foot
! La I game for several years when it
! meets the Hnl-cy Athletic club at
j HaUev next Saturday. Several year
ago the college abandoned football
i until tbi- year. While t lie team is
j mmposod of new players, good tim
ber is being developed.
ARE RESCUED
Twenty-Three Men Hauled Out
of Ground Today. Others
Still Entombed.
FOURTEEN KNOWN TO BE
DEAD IN DAWSON MINE
(By United Press Association)
Dawson, Oct. 23. With a giant
fan forcing the air into the gas- .)
filled mine, rescuers are working
furiously this afternoon to reach
247 miners believed to be impris-
oned. It is estimated 287 were
at work when the explosion oc-
curred. Five were removed im-
mediately. Fourteen bodies were 3
brought to the surface ' today.
This afternoon three survivors
were were found and arc being
cared for at the mine. It is ad-
mitted that there is small likeli-
hood of finding more survivors.
i)
Dawson, New Mexico, Oct. 23.
Fourteen corpses and twenty-three
living men were taken out of the
Stag Canon coal mine at 8 a. m. today.
The explosion late yesterday after
noon entombed the entire day shift of
miners, the number of men in the
mine at the time being estimated at
287. The rescue work is proceeding
cautiously owing to the deadly fumes.
The men entrusted with this work
are equipped with oxygen helmets and
are working on short shifts. The gov
ernment rescue car is enroutc from
Denver. Most of those entombed in
the mine are Mexicans, only a small
portion of those working on the shift
being American citizens. General Su
perintendent McDermott and the fore
man were in the mine at the time of
the explosion. Judging from the con
dition of the mine which was badly
wrecked, and the thick poisonous gas
es, tew more are expected.
Coroner Sipes estimated that 32
miners are still hopelessly imprison
ed. Me believes that some may still
he saved. A throng ot weeping hys
terical men, women and children sur
rounded the mouth of the mine today
begging for news of imprisoned rel
atives and imploring the rescuers to
save them.
MANY NAMES PROPOSED
FOR OFFICE OF MAYOR
Interest of Local Business Men
Centers In December City
Election.
With the city election only a fe
weeks in the future, interest now cen
ters in the nomination of a candidate
for mayor. A number of names have
been mentioned but many of those
approached upon the subject have pos
itively declined to run. From pres
ent indications Mayor Gilbert will not
be a candidate for re-election but he
has issued no formal public statc-
nent declaring that lie is out of the
race. Judge Hewitt, L. M. Curl, L.
L. Swan, Mark Wcatherford. F.
M. French, and J. L. Tomlinson
are being talked of for the
place but thus far none of those
mentioned have entered the race. L.
M. Curl has a strong following and
while he has made no announcement
of his candidacy it is believed by his
mends that lie will accept the noun
nation if it is tendered to him. Dur
ing the past few days there has been
renewed talk of placing in nomina
tion cither nr. IAcivis or Dr. Wallace
hile both of the doctors have let
it be known that they are not seeking
public favor, it is believed" that the
nomination of either would necessar
ily mean their acceptance. It is
claimed that in such event there would
be no other candidates and a bitter
municipal fight would thus be avoid
ed. The matter of obtaining a can
didate for mayor has been canvassed
li d recanvassed by iprominent lo
cal business men and the entire situ
ation appears to be in the air at this
time.
I Married by County Judge. This
j morning Ray Logan and Siella Far
j mer, both of Halsey. were united in
f-Kirriaire by County Judge Mrwc Mr
i Knight in the county court room. It
is the second marriage for the lat
' ter and the first for the former. They
; will be at home at Halsey after a 'few
':;vs honeymooning in the northern
; part of the state.
NIGHT lit SHORT SESSION
Transacted Much Routine Bus
iness. However, Including
Important Matters.
Meeting hist night the citv council
held, a short session hut transacted
considerable routine business, includ
ing the passage of three ordinances,
accepting a recommendation for street
improvement, entering an order for
the (J. li. railway to install an electric
light at the Denver street station,
instructing the city attorney to pro
ceed against delinquent tax payers
and receiving the engineer's report
of progress on sewer construction.
Present at the meeting were the
mayor and recorder and all of the
councihnen, including ltuilding In
spector King, Street Superintendent
Junkin and Civil Kngineer Katon rep
resenting City Engineer Penland.
C'onucilnien Johnson and Ilulbcrt
were excused prior to the adjourn
ment of the meeting.
The following recommendation for
street improvement by Street Super
intendent Glen M. Junkin was adop
ted: Cement sidewalk on Raker
street on the cast side of and adja
cent to the colithcast quarter of bloA
2 Eastern addition. J. L. llili and
I. C. Anderson arc the owners or
reported owners of land. A resolu
tion for the construction of the same
was passed.
A communication from Caldwell,
Masslich and Reed, of New York City,
stated that they have examined cer
tified transcript of the proceedings of
he council and other proofs in rela
tion to the issuance and sale of $19,000
municipal bonds, consisting of 38
bonds of $500 each and that they
show lawful authority. The paper was
placed on file.
On motion of Councilman Johnson,
the Oregon Electric Railway Co. will
be instructed to install an electric
light, to compare with the regular
street lights, at the Denver street
station. Councilman Lyons brought
the matter up, declaring that it was
necessary in view of the extreme
darkness at night time about the de
pot and by the fact that the depot
is used by many people. '
An ordinance was passed declaring
a surplus on account of certain im
provements on Sixth street from the
west line of Walnut street to the east
line of Elm street and directing the
recorder to place to the credit of sev
eral property owners of the various
unreels of real estate abtitlintr that
portion of the street as follows: Le
na C. Marshall, $.187; D. O. Wood
worth. $3.87: W. A. Klimscv. 80c
Irva Cady, 54c; E. Voss, 67c; and W.
I.. Jackson, 67c.
An ordinance was passed directing
mayor and recorder to enter in
to a contract for the construction of
'e lateral sewer throuirh block 3,
Eastern addition.-to connect with the
main sewer, now being constructed
through Baker, street. The contract
is to be made with W. S. Weaver,
he having been the successful bid
der. The work is to start within 10
days of the signing of the contract
and is to be completed by November
15th.
City Engineer Peuland's report of
the progress ot sewer construction
on Raker street was read. It showed
that 900 feet of pipe has been laid
from the water's edge to Third street
and that the remainder of the pipe to
complete the contract is on the
ground. At the contract price of
$4.44 per foot, the work done thus far
amounts to $4006, according to the
report, and deducting the 15 per cent
until completion and acceptance of
this contract, an amount of -34'X) t-z
left due to the James Kennedy com
pany. The recorder was instructed
to draw a warrant for ihi-i am-mul
! !;ni- ."nd specifications for the cjp.-
I rit. toi- of a concrete bridge ner-.ss
Penny winkle creek on EiCr.h street,
vrrc submitted by Mr. Eaton in be
half of City Engineer Penland. They
were adopted. The plans ca'l for an
a a ractie and absolutely substapii.il
bridge
'1 l:c committee on priming was n
s'rnrted to go ahead and see to ihc
1'timing in bonk form of :dl the it
f'manres in effect from 1S7), All of
'.hem have been compiled and ;:rc
eady to go to the printers. The book
let v. ill be a great help 'o city offi
cial for quick reference.
The city attorney was instructed to
proceed against all delinquent proper
ty owners as the result of unpaid taxes
for street paving.
IT. J. Farwcll, of Shcdd, is a busi
ness visitor in the city ibis afternoon
J. II. McKiuuey, of Jefferson, is
a visitor m the city this afternoon.
C. Edwin Keinhart, of Salem, attend
ed business matters here today.
M. E. Pogue, of Salem, arrived in
the city ht evening to attend busi
ness matters here today.
J, S. Genders, of Peak, is a visitor
in the city this afternoon.
A. J, Coss, of Ritzville, Wn., is a
business vi-itor in the city today.
(). T. Murphy, of Independence, was
in the city yesterday afternoon. He
r turned home this noon.
V. Luce, of Koseburg, is a viitor
in the rity this afternoon.
f't. L. Kairley, of Hellinghnin, Wash.,
j u at the St. rraneis hotel.
! W're I" Portland To attend a
I '' . ting of the board of trustees of
! Yillamette Lnivermtv of winch he is
, : member. Rev. ). If. Leech was in
j Portland yesterdny. He was accom
panied by hit r mi Paul. They re
j turned home last night.
E
Mrs. Ellen C. Griffith Seeks
Decree Declaring That Land
Is Held in Trust.
WIFE AND BROTKER-IN-LAW
ARE PRINCIPLES IN COURT
Brother of Her Husband Claims
That Property Was Deeded
to Him as Present.
A case that is being tried before
Circuit Judge Galloway today, in
volves property rights, in which a
wife claims that a brother of her de
ceased husband is holding a parcel o(
land in trust for her while the broth
er claims that it was deeded to him
as a present and in a spirit of broth
erly friendship.
The case went to trial this morninir
and is in progress this afternoon. The
planum in the ease is Kllen C. Grif
fith, administratrix of the estate of
John II. Griffith, her deceased hus
band and "the defendant is George 1.
Griffith, brother of the deceased.
According to the complaint, John IT.
Griffith died in Multnomah county,
October 30. 1911. The plaintiff al
leges that his home was in Salem.
At, the time of his death, which oc
curred in a Portland hospital, she was
suing nun lor a divorce hut the case
never came up in court.
On November 6, it is claimed that
the deceased bought ten and a half
acres of land in Linn county near
Stayton and took a deed for it in the
names of his brother George F. Grif
fith. The point raised is the claim of
Mrs. Griffith that her husband always
owned this land, that he improved it
and held it in his brother's name in
order to keep her from securing it.
On the other hand George F. Grif
fith claims that his brother made him
a present of the land through broth
erly friendship.
The plaintiff is seeking a decree
of the court declaring that Griffith
is holding the property in trust for
her.
HENRY M'ELMURRY WILL
. RUN FOR COUNCILMAN
Petition Filed This Morning
with City Recorder; Candi
date Resides in 3rd Ward.
That Henry Mclilmury will be a
candidate for the office of councilman
in the third ward became known this
morning when a large petition bear
ing the names of prominent residents
of that section of the city was filed
at the office of the city recorder.
Mr. McKlmurry was elected a mem
ber of the local school board last
June and Ins friends believe that he
will make a capable and efficient
councilman in the event of his elec
tion. The race he made for school
director is pointed to by those who
are advocating bis candidacy as an
indication of his popularity.
Notwithstanding (he fact that Mr.
McKlmurry has filed bis petition,
friends of Councilman Henry Lyons
are urging him to become a candi
date for reelection upon the creditable
record which he has made during the
past two years. Mr. Lyons has proven
a capable, public official and his sup
porters contend that he is entitled to
reelection.
PROMINENT YOUNG COUPLE
WEDDED HERE LAST NIGHT
Miss Florence Fedemeyer Be
comes Bride of Thomas Fer
guson at Home Wedding.
Yesterday evening at R o'clock at
the home of Mr. and Mrs. I leury
Kedemeycr, 1J8 KIKworth street, their
daughter Miss Florence and Thomas
l-'ergiison were ui.ited in marriage in
the presence of immediate relatives
by Rev. I). II. Leech, of the Metho
dist church.
The newly weds left for Portland
shortly after the ceremony and will
return in a few days and will be nt
home to their many friends at HJ8
Ka-t Third street.
The contrarting parties ;rc well and
favorably known in Albany. -'or
some time the bride has been connec
ted with the millinery department at
Chambers Si McCunc's store. The
groom is engaged as salesman and
window trimmer at Flood's store.