LIQUOR ELECTION
TO BE CONTESTED
Harrisburg Saloon Man Brings
Injunction Suit Against
Linn County.
CLAIMS THAT ELECTION
WAS ILLEGALLY HELD
Wants County and City Officers
Restrained from Declaring
City "Dry".
Continued from Friday, Xov. 14.
Alleging that the local option elec
tion held November 4 at Harrisburg
was illegal, W. B. Holmau, a saloon
keeper of that city, has filed an in
junction suit in the circuit court
against the county and city of Har
risburg, to restrain any attemt to en
force any result arising out of the
election.
The defendants named in the com
plaint are D. B. McKnight, county
judge; O. H. Russell and T. J. But
ler, county commissioners; O. B.
Long, mayor of Harrisburg, and Jake
Marguth, R. L. Weatherford, R. V.
Wright, Vivian Cartwrigllt, R. H.
Sherrill, and McMahon, constituting
the city council of that municipality.
According to tiie complaint, a pre
tended election was held in that city
on Xovemher 4 last to determine
whether intoxicaiug liquor should be
sold within the ctiy and that the elec
tion is illegal and of no force and ef
fect whatever for the reasons that it
was not held at any general election
authorized by the state laws, that no
petition was presented to the city
council or proper authorities, that no
notice of such election was ever given
by the proper officers of the city,
that the city did not make an order
that the same should be held, that no
judges or clerks or other officers for
the election were appointed by the
proper officers of the city.
For further reason the plaintiff al
leges that the election was a state af
fair and was a special election for the
express purpose of enabling the pea
pie of the state to vote upon certain
measures. It is set up that the Home
Rule bill amended the first local op
tion law to the effect that each muni
cipality had the right to determine for
itself whether liquor should be sold.
For this reason, it is alleged, that
the county court or the state had no
legal right to call the election.
It is also alleged that the judges
and clerks were appointed by the
county under the special election or
dered by the legislature and that they
had no authority to act by the city
of Harrisburg in the local option
election. It is claimed that the judg
es and clerks were appointed for
North and South Harrisburg pre
cincts and that they embraced terri
tory within and without the city lim
its. It is set up that .there is only one
Dolling place in the city. The plain
tiff claims that he -has about $5000
invested in his business and that un
less the county court is restrained
from declaring Harrisburg dry, all of
his property will become worthless.
Attorneys A. C. Woodcock and G. O.
Holman represent the plaintiff. The
former resides at Eugene and the lat
ter at Dallas.
NEWS NOTES FROM CRAB-
TREE AND COUNTRY ABOUT
Oahtree. Or.. Nov. 13. (Special to
Democrat.) Mark A. Freeman, one
of Crabtree's merchants and D. Wm.
Hatch, transacted business in Albany
Saturday.
S. B. Alexander is tearing away the
old building preparatory to the erec
tion of the new hardware store.
Mr. and Mrs. Creswell are occupy
ing the house vacated by the Condits
this spring. Mrs. Creswell arrived
Friday evening, accompanied by her
mother.
It is desired to be stated for the
benefit of those who understood that
the Hallowe'en party was given by
the school, that they we're misinform
.ed. The Library Society planned the
party, furnished the entertainment and
refreshments and were also respon
sible for the dance which followed.
The library is composed almost whol
ly of members outside of the school.
The new house of Geo. H. Smith
near Gilkey crossing, is nearing com
pletion. Mrs. Chas. Pierce of St. John's is
SAYS LAND OFFICE HAS
AGGEPTEDTOWNSHIP SURVEY
E. C. Webber, One of 70 Home
steaders in Section of Linn
Praises Land.
Thai the land office at Washington
has accepted the survey of township
12 south of range 4 east of the W. M.,
was the statement made this morning
by Edward G. Weber, who said that
he was told this in Portland.
Mr. Weber was in the city enroute
from Portland, where he had been at
tending business matters, to his claim
looted in that township, 10 miles
northeast of Whitcomb. He left this
noon for Lebanon and from there will
proceed to his home.
"I am one of the 70 homesteaders
who settled in that township wo
years ago," said Mr. Weber. "I have
been in Portland on business for the
past 10 days and while there I was
told that the survey of the township
was accepted on October 29 by the
land office at Washington. The set
tlers have lived on their claims for
two years and have built good log
houses and about 15 miles of trails,
besides bridging the creeks. Many
have cultivated fine gardens and ev
eryone is busy clearing land and
complying with the homestead laws.
Mr. Weber displayed a picture of
a splendid log cabin, showing con
siderable cleared land. It was a pic
ture of his home. When he came
down 10 days age he brought fine
specimens of potatoes, turnips and
other vegetables that showed how the
land yields. Mr. Weber said he has
set out a patch of strawberries and
expects a good crop next year.
SCOTT RELATES VISIT TO
SAND RIDGE GRANGE
Says Fair and Basket Dinner
Will Be Held There in
December.
On last Saturday myself and wife
visted Sand Ridge Grange where we
found a good attendance and a very
busy day's work before them.
Nine applicants were elected to re
ceive the first four degrees of the or
der and three more applications were
received and referred to the commit
tee. This occupied the time until the din
ner hour arrived, when a recess was
taken and all were invited to the hall
where a fine repast was awaiting our
arrival. All being seated a half hour
was spent in eating and discussing the
good things set before us.
Afternoon session called to order
by the master, Perry Parker, who ask
a visiting member to preside during
the time of conferring the degrees.
A class of nine, consisting of five
men and four women were instructed
in the mysteries of the first two de
grees. County Deputy, A. C. Miller,
then gave a short address followed
by others, expressing their surprise
and pleasure at finding this grange
in such a flourishing condition. Vis
itors were present from Western Star
and Tangent granges.
Their next meeting will be held the
second Saturday in December which
will have the four degrees to confer
and the regular . election of officers
for the ensuing year will take place,
besides other business.
Sand Ridge grange will hold a fair
on Saturday, Nov. 15, to which all are
cordially invited to come and bring
things which they have to help the
fair along. The fair will open before
noon, and at 12 o'clock a basket din
ner will be served, furnished by those
who attend. No doubt this will be a
pleasant affair and is somtheing which
other granges should take up as it
would cause many people to take more
interest in farming and gardening.
J. H. SCOTT.
Mrs. R. E. Dawson returned last
night from Eugene where she attend
ed the 26th annual convention of the
Degree of Honor.
Show Troups Stopping it HammeL
Several members of the Sis Per
kins company and the Dixie Quin
tette are stopping at the Hotel Ham
meL The former company appears
at the Bligh theater this evening and
the latter will appear at the First
Christian church this evening as the
second number of the Y. M. C. A.
lecture course.
makiny an extended visit at the home
of her parents, Mr. and Mrs. Miller.
Members of the Literary met at
the school house and parts were as
signed for two plays which will com
pose, largely, the program which the
society is preparing to give in the
near future.
AGGIES EXPECT HARDER
GAME WITH PULLMAN
Great Contest Will Take Place
at Corvallis Saturday
Afternoon.
O. A. C, Corvallis, Or., (Special to
Democrat.) Football talk on the
campus is divided between the game
at Albany and the coming contest
with Washington State College here
next Saturday. Dr. Stewart and Carl
Wolff, the coaches, believe that Pull
man will be a harder nut to crack
than was Oregon. It was the indi
vidual work of Cornell and Parsons
that enabled Bezdek's team to tie the
score and not team work, while Pull
man has a heavy and fast aggregation
whose team work has been developed
lowly but surely as its improvement
over its first game, when Idaho won
by a 3 to 0 score, showed in its con
test with Whitman last Saturday.
Pullman won 23 to 0.
Local football experts are discuss
ing points of the Albany game that
escaped the average spectator's eye
and have called attention to the stel
lar work of Anderson, of Albany, at
center. This is his first year on the
varsity team and he has been playing
center but a few weeks, yet he more
than stood off his veteran opponent.
.Abraham is another Albany boy who
is showing remarkably well and is ful
filling the" predictions of those who
saw his play when a member of the
Albany High School team. He is al
ready a strong player and another
year under Dr. Stewart will make him
a remarkable performer.
The showing made -by O. A. C. last
Saturday justifies the steadfast faith
of the college students in Dr. Stew
art. He is physical director and re
fused any additional compensation
for coaching the team. He can talk
training rules effectively because he
practices them himself. He never
drinks and never uses tobacco. He is
a gentleman on and off the field and
never needs to use profanity to give
force to what he says.
The football team this year has
been developed after a series of han
dicaps that can only be appreciated
by those on the ground. The "bear"
stories that have been sent out have
been true stories. There were many
reasons for Oregon being the favorit
in the wagers made.
Everybody here expects a great
game Saturday and there are few will
ing to predict the result All realize
that Washington state has a strong
team and many, and those best versed,
believe that if Dcbie is to be humbled
this year it will be Bender's team that
will do it.
o
E. J. Sweeney left last night for
Jefferson.
George E. Sanders, manager of the
Bell Telephone company, left this
noon on a business trip to Halscy.
He will return tonight.
H. S. Queche, of Elkhorn, is a
business visitor in the city today. He
is at the Vandran.
Elmer Holmes, a well known busi
ness man of Baker, Or., is in the city
today transacting 'business matters.
A. W. Williamson, of Corvallis,
transacted business here this morn
ing. He will return home this even
' ing-
R. F. Gettris, of Siletz, is a visitor
in the city. He is attending business
matters and will return home today.
William Wiatt, a prominent resi
dent of Mill City, transacted business
here this morning, returning home
this afternoon.
Pete O'Hara, of Sumptcr, arrived
in the city tnis morning to attend
business matters. He will return
home tomorrow.
C. B. Roth, of Route 4 was in the
(city today subscribing to the Demo
crat.
J Newt Beginning With This Hud
la From the Daily Iasue of
SATURDAY. NOV. 15, 1913.
"Death of Moses" Subject The
subject to occupy the attention of all
the local Sunday schools tomorrow
will bo "The Death of Moses." At
11:45 tomorrow morn in or at the Meth
odist Sunday school Miss Ora Hark
ness, the well known reader, will re
cite the piece entitled "The Burial of
Moses."
0
G. Fleming, of Salem, was in the
city yesterday attending business mat
ters. Mr. and Mrs. H. O. Pankhurst, of
Independence, were in the city yes
terday visiting friends. They return
ed home this afternoon.
F. P. Allen, of Eugene, is a busi
ness visitor in the city today.
P. H. James, of Salem, transacted
business sehe this morning, returning
home this noon.
O. P. Wigle and family, of Browns
ville, were visitors in the city yester
day. They stopped at the St. Francis.
REBELS BADLY
IIP FEDERALS
Enter City Disguised As Fed
erals and Overpower Gar
rison in Streets.
STEAL MARCH ON SLEEPING
ENEMIES IN CITY JAUREZ
Rush from Three Sides; Es
tablish Provisional Gov
ernment. (By United Press Association)
El Paso, Nov. 15. Reports con
firming this morning's rumors of a
tierce battle between the rebels and
federals were received later. General
Pancho Villa, at the head of 2500 reb
els stormed ami captured Juarez early
today. The siege began at 2 p. m.
Federals Surprised.
The federals, taken completely b
surprise and oft their guard, fought
fiercely in the streets but were routed
by Villa's forces. Immediately at the
oud of the fight, General Villa author
ized the United Press to announce
that American life and pruperly
would be protected. One American,
named Harrington, was killed by a
stray bullet while in an automobile
on the streets. While it is not as yet
known, the casualties are 'believed to
be light. Rumors are afloat that Villa
will execute his prisoners, but this
is not known.
Come Disguised as Federals.
The rebels arrived on a train dis
guised as federals. They detrained
under cover of darkness, and appeared
on the outskirts of three sides of the
city. Wasting no time, they charged,
firing briskly. 'Before CastrcV, ii.he
federal general, was able to organize
his forces, the rebels had gained
strong positions in the city. From 2
a. m. to 4 a. m. t he battle raged with
the rebels steadily forcing Castro
back. At 4:30 the city was entirely
in the hands of the victorious rebels.
Established Provisional Government.
General Fancho Villa immediately
established a provisional government
at 7 a. m. By 9:30 the city was quiet.
During the course of the conflict
hundreds of bullets whizzed high over
El Paso, Texas, but no one was in
jured in the border city.
uenerai ocoii iook cnarge or me
American border patrol and prevent
ed all Americans from entering the
danger zone.
150 Kiled In Battle
El Paso, Texas, Xov. 15. Three
Americans were killed in the fight
which preceded the capture of Juarez.
The body ot one, C. G. Sagncrson,
has been identified. The federal yar-
rtson included about loUU men, ol
these 9l0 escaped to the United
States. The total casualties were
placed 150 killed and 300 were wound
ed. El Paso, Xov. 15. Colonel, com
mander of the defeated federals, was
not captured by the rebels. He was
found at noon hiding under a bed in a
room in the rear of a store in El Pa
so. He was turned over to General
Scott, of the American border patrol.
o-
J. R. Weber, of Portland, arrived
in the city this morning to attend to
business.
William Anderson, of Portl.'-.nd, ar
rived in the city this monrng and
is transacting business here.
W. R. Shinn, M. D.( diseases of
eye and ear a specialty. Eyes tested
and spectacles guaranteed a perfect
fit. Any style of lense or frame. Of
fice over Cuiick bank. wk s9tf
Fisher, Braden& Co,
FUNERAL DIRECTORS
AND UNDERTAKERS
Undertaking Parlors, 3rd and
Broadalbin
JS LADY ATTENDANT
Both mones
Are You Going
to Build?
Let U Save You Money
on Your Mill
Work
SUPERVISOR - HULBURT
MAKING GOOD ROADS
Chuckholes Being Filled in and
Gravel Placed at Many Points
on Public Highway.
In company witii Judge McKnight,
Couutiiioner Russell and Road Su
pervisor Warren Hulburt, a Democrat
representative made a trip over the
kilter's road district this morning.
Mr. Hulburt, is considered one of
'the best road supervisors in the coun
ty and he prides himself on keeping
the roads in his district in first class
condition, lie is now placing gravel
at different points along the public
highway which will be used during
the winter months in filling up the
chuck holes. Already a number of
these hides have been filled in and the
roads seen litis morning certainly re
flect much credit upon the supervisor
and his assistants.
An inspection of the new steel
bridge southwest of Albany and the
county poor farm was also made.
The former is completed and the
grade is now being improved.
WITHOUT BICYCLE FOR
FIRST TIME IN 30 YEARS
F. P. Nutting Has His Wheel
Stolen Last Night; Others
. Are Missing.
For the first time in about thirtv
years 1". I Nutting is without a bi
cycle. J 1 1 s w 1 1 e e 1 was stolen last
night from the side of a porch on
South Kerry street, where it had been
left while a young man who borrow
ed it went to the Dixie concert. It is
a Tierce, somewhat aged, with a
good tire on ihe front and poor one
on the rear. The handle bars are
without hand grips.
Being without a bicycle Mr. Nut
ling .says he is like a cowboy wilhout
a horse, and would like information
leading to the recovery of ihe wheel,
with evidence that will send the
sneak who stole it behind the bars.
Several oilier wheels are also said
to have been stolen recently, indicat
ing the presence in the city of a bi
cycle (bier.
o
Mr. and Mrs . J. M. French and
son Jack left this morning to spend
the wt-'fk end in Portland the guests
ol relatives.
II. HoIbrOok. of the Oregon FJec
trie railway, was a business visitor
in the city yesterday. 11 1 stopped
at the St. Francis.
II. G. Suttlc and W. L. Sailer, of
Note, Dr., are in the city on business.
They are at the St. Francis.
F. A. Slade, a business man of Port
land, arrived this noon to attend to
business matters, lie is stepping at
the M. r nine is.
If. E. Van Ness, a business man of
Kugene, was in the city yesterday at
tending business matters.
J. K. Benson, of Tangent, transac
ted business here this morning. He
returned home this noon.
A. T. Larsen, of Independence,
transacted business here this morn
ing. He returned home this noon.
YOU ARE LOSING MONEY
Unless You Get the Benefit of
Wholesale Lumber Prices
Now Quoted
ALBANY
Both Phones.
A NEW
. A local paper that covers the County, State and
Nation with an accurate and reliable news service
The Albany Daily Democrat
Now Has a
Telegraph News Service
Furnished by the United Press Association
of New York City
Why take a Portland Daily when the Democrat will
give you the newi of the world and all of the
local and county news for a less price
THE DAILY DEMOCRAT BY MAIL IS
$3.00 per annum $3.00
1.50 six months 1.50
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SURVEYING?
sr. PENLAND & EATON
Room 5, Newew Bligh Bldg.
HIS FINISH FAS!
Mexican Congress Met in De
spite of Strong Effort to
Disband It.
DECLARE NEITHER HUERTA
NOR BLANQUET PRESIDENT
Washington Expecting News
of Retirement of Huerta
Late Today.
(By United Press Association)
Mexico City, Nov. 15. Huerta had
not indicated at noon what Ins pro-
am will be concerning the congres
sional hessiou scheduled to begin at
3 p. in. today. It is believed in sonic
piarters that both houses will adjourn
immediately after declaring ihe elec
tion of the president, vice-president
;md members of congress unconsti
tutional.
Hundred Families Flee.
Vera, Cruz, Nov, 15. One hundred
American families arrived today Mom
the interior bound for the L'ui'cd
States. The Pearson company has
ordered all of its employees in Mexico
to report at Vera Cruz tomorrow.
Washington, Nov. 15. Despite
President Wilson's refusal to recog
nize it, Mexico's congress is schedul
ed to meet this afternoon. Huerta
disregarded all pressure brought lo
bear on him to dissolve that body,
but the belief here is that the law
makers will attempt no action be
yond declaring that neither presi
dent nor vice-president was legally
chosen at the recent election and
questioning the legality of the as
sembly itself, and to call a special
election, will be passed.
The administration here is adiuiU
tedly expecting news at any time of
the retirement of Huerta.
Delbert Clow of Mill City passed
through this morning enroute to Port
land to see the game.
Miss Crystal Shank, an Albany Col
lege student, left last evening on the
motor for her home al Alt. Pleasaiu. lo
participate in the charivari of some re
cently wedded friiends.
Tie Game at Corvallis. The Cen
tral school football team of Albany
and the second team of the Corvallis
high school battled a tie game at Cor
vallis tliis afternoon according to
word received over the telephone, the
score being 6 to 6. Albany's lineup
was: Fast burn, full; Chance, half;
Boyes, half; Anderson and Miller,
; Ncbcrgall, quarter; La Hun,
center; Hilyeu and Kyals. tackles,
Prifc rintl Fnsfburn. ends.
by the
LUMBER CO.
DEAL
Bell 535-R.