n;-t :mcu'
VOL. XLIX
ALBANY, LINN COUNTY, OREGON, TUESDAY, DECEMBER 16, 1913.
No. 4 J
Ml
HARRISBUR6 CASE NQTTQ BE
L
Y
CITY BONDS FOR TWO
ALBERT PEACOCK
By Terms Ltcal Option ViolaUr
Is to Leave State to Prove
Citizenship.
HAS SERVED 382 OF
590 DAYS SENTENCE
Judge Galloway ExplainsTermt
Qf Pardon Paroled en 80
Day Sentence.
His hair slightly unkempt, his face
shining white under a short growth
of black beard, his hands soft, and
bearing orber marks of his imprison
ment, Albert Peacock, sitting up
right with his head bending forward,
listening intently to every word Judge
Galloway said, in fhe presence of
Sheriff Bodine, County Clerk Marks
and Deputy Russell, Judge Whitney,
his attorney and the members of the
local press and was pardoned as the
clock struck twelve today by Gover
nor West, after serving 382 days of
a total of 590 he was to serve. Pea
cock had previously been paroled on
separate 30 and SO day sentences.
Martin Bilyeu was also present in
the court room. Judge Galloway ex
plained ttoe terms of the pardon at
the request of the governor.
Before turning the pardon papers
over to Sheriff Bodine, Judge Gal
loway gave Peacock a wholesome
heart to heart talk, in which 'he clear
ly defined the case, the attitude of
the governor and resorted to a plea
for Peacock to lead the straight and
narrow path hereafter. By the terms
of the pardon Peacock will be re
quired to leave the state not to re
turn until he has proven 'himself a
law abiding citizen.
Judge Galloway said in part: "The
governor has asked the court to ex
plain the terms of the pardon and 1
can say in behalf of the governor and
the good citizens of this state, that
the desire is to assist, reform' and ele
vate the men who have violated the
law and to have them obey ind state
upon oath that tfhey will not break
any other law. It is conceded that
for breaking the law you have been
amply punished. The governor is
firm in his belief that you will not
betray the trust he has imposed in
you, that you would faithfully obey
the laws hereafter and that you would
live down the past and become worthy
of your respectable parentage, and yet
make a useful law abiding citizen.
This pardon is granted you upon con
dition t'hat you must fulfill the prom
ises to him. If at any time you vio
late a law you will be recalled and
will suffer punishment by serving out
the unexpired term and the additional
eighty days, of which you are paroled.
Mr. Peacock, as a friend and in behalf
of the governor, I want you to under
stand that the court has the kindest
feeling towards you. In your case
I feel t'hat the cause justifies the
cure. You have been thirteen months
in jail, upon conviction in a series of
local option -cases. When you were
wi the stand in one case, you as much
as said you had an uncontrollable
taste for drink and tint you often
times drank enough to kill an ordinary
man. Now by your term in jail you
have shown that you can get along
without it and I think you have a
bright chance to continue to show it.
You have a father who maintains the
deepest affection for you and if you
could have seen him the other day
tell me wirli tears in his eyes that he
wished that you could have let liquor
alone, it should have been enough for
you to forget it. Now I want you to
remember that you have been released
wivh nil of the confidence. of the gov
ernor that you will prove a worthy
citizen. Remember if you ever get
back into the courts, you'will be called
upon to complete the unexnired term
and the additional eighty days. I be
lieve or at any rate I sincerelv hope
that you will never be up before a
court a (rain."
When Judge Galloway finished,
Peacock, smiling faintly, strode brisk
ly up to the bench and grasped the
judge's hand. Returnintr to his seat
he was surrounded by those present,
and was warmly wished good luck be
tween handshakes. When Sheriff Bo
dine handed him the pardon paper.
Peacock stood and read every word
silently. When 'he finished he handed
tiic paper back to the sheriff and a
bright smile dawned on his counte
nance. He then turned and with the
sheriff and others walked slowly out
of the court room a tree man as far
as the terms of the pardon signitic I.
Pcncock was sentenced on Novem
ber 23. 1911, after a series of trials
and convict ions by juries, to pay a
fine of S1U) and serve 90 days. The
fine was not paid, hence he was to
serve one day for each $2 of fine, mak
ing 5"1 days. Previously -he pleaded
guilty to a separate charge, and was
given 3H days and on another charge
was sentenced to the city jail for 50
days by the city recorder. All of the
cases were for violation of the local
option liquor law.
City Officers Will Not Be Named
As Defendants; Net Parties
to Election.
After granting the plaintiff time to
file an amended complaint, and re
ceiving two demurrers, one from Gale
b. Hill, representing the county, and
the other from Mark Weatherfo'rd,
representing the city officers of Har
risburg, Judge Galloway dismissed the
local option contest case of Harris
burg, W. H. HJolman, against the
county court and city, as far as rbe
city officers are concerned, on the
grounds that they were not parties
to the election, and set December 16
as the date for the trial of the case,
with Holman and the county court
as plaintiff and defendants.
Immediately after court opened at
10 o'clock the plaintiff's attorneys
got leave of time to file an amended
complaint. A demurer was filed to
the complaint by Gale S. Hill, on a le
gal technicality that there were no
grounds for case and the bulge took
it under advisement. Then Mark Wea
therford filed a demurer that the city
could not be involved in the suit, be
cause the city officers were not par
ties to the holding of the election. The
demurrer was not opposed by the
plaintiff and was sustained by the
court.
WANTS COMPLAINT FILED
BY TRUSTEE DISMISSED
R. fioldilatt Files Answer in
R. Rofewaydt Sens lank
rupt Case.
Filing answer this morning to the
complaint of L. G. Lewelling as trus
tee in bankruptcy of R- Rogoway &
Son, R. Goldblatt asks that ttie plain
tiff's complaint be dismissed and that
he have judgment for his costs and
disbursements.
Each and every allegation in the
complaint is denied except as alleged
in a separate answer and defense. It
is claimed that when the Rogoway
partnership was dissolved the defend
ant was keeping an open running ac
count with them. It is alleged that
all these - transactions were made in
fhe regular course of business and
were made without knowledge on the
defendant's part of the insolvency of
the Rogoways. Hewitt & Sox repre
sent the defendant. ,
. Much Cement Sold. The Albany
Commission company during the past
season sold 42.. carloads of cement.
This is considered a big record and is
indicative Chat much construction
work has been going on in this sec
tion. .
East End Merchants Active. The
merchants of East Albany have some
exceptionally fine window displays,
decidedly better than any seen in that
part of the city heretofore.
Assumed Business Name. Certifi
cate of assumed business name was
filed this morning for the National
Collection Agency, of Brownsville. H.
W. Bailey, proprietor.
Sale of Property Confirmed. Judge
McKuight yesterday issued an order
confirming the sale of 275 acres of the
estate of Herthcl Hoflick, a minor, to
A. W. Docksteader. Mabel H. Ruitcr
i the guardian of lite minor.
Football Team to Be Banqueted
The members of the Albany College
facultv will give a banquet to the
members of the college football team
at file St. Francis hotel Saturday ev
ening. Fourteen members of the
mm ami Coaches Flo and Whitney
will be the guests of til the members
of the faculty.
PEORIA BUSINESS ENLARGING
By LEAPS AND BOUNDS
Peoria, Dec. 11. (Special to Dem
ocrat.) Peoria now has - two first
class general merchandise stores
since C. F. Clayton started in the busi
ness last week. The town is undoubt
edly growing, every house in and near
town being occupied. Plans are un
der way for the building of a gymna
sium and the school itself is to be
soon divided and an extra teacher pro
vided. It is rumored that another
saw mill will soon be built here by
James Mason and sons. C. W. Bar
cus has installed a new Case automatic
roller and chopper combined, the de
mand for mill feed being so great as
to necessitate a larger mill.
9
J Nam em This Psm is
I 9
Prsra Dsikr luu f
t) THURSDAY, DEC. 11, 1913 S.
1 CITT NW 3
t I
TO BE PURCHASED
City Will Aoqulre School Site
in Heart ef City for City
Hall wilding.
COUNCIL FAME! SCHOOL
ORDINANCE LAST NIGHT
Price of $22,000 te lo Raised
Threuah Sale ef City lends
te Be Sold.
As a site for a $20,000 city hall
building, modern and up to date in
every respect, the city of Albany will
purchase tlie Central school block for
$22,000, possession to be given June
30, 1915.
An ordinance selecting and provid
ing for the purchase of a site upon
which to erect a city hall and provid
ing for the amount to be paid therefor
and the manner in which title shall
be acquired, was passed last night by
the council.
The property is described as block'
29 in the city of Albany. The sum
of $22,000 is to be paid for the prem
ises which is to be secured through
the sale of bonds.
The foregoing provisions are con
tained upon the acceptance of the
terms by the present owners of the
property, which acceptance shall be
in writing showing a clear title to said
premises in fee simple free from in
cumbrances and shall be filed with the
recorder within 10 days after approval
of the ordinance.
When the city attorney reports to
the council that the title to the prop
erty i6 free from incumbrance and
upon the delivery of a good and suf
ficient deed of conveyance, contain
ing all covenants, except a reservation
that school district No. 5 will retain
possession until June 30, 1915', for
school purposes, a warrant shall be
issued on the city hall tund lor s,-
000 as soon as bonds in that amount
are sold.
An ordinance was also passed au
thorizing a loan for a terjn of years,
providing for the manner of paying
the same and authorizing the sale
thereof, in order to secure the money
to pay for the city hall site. The
bonds will be dated January 1, 1914,
numbered from 1 to 44 inclusive, each
for the sum of $500 payable in Jan
uary 1913, and drawing 5 per cent in
terest. Although the city charter only al
lows the city $40,000 for the purchase
of a site and erection of a city hall
building, it is estimated that the build
ing will be built fully at a cost of
$20,000, as rtie city has property which
will not be needed when the build
ing is built and which could be sold
to make up the difference. Then to,
for $22,000 more than half of the
$40,000 the city is getting a whole
block for a city hall site. When the
site is purchased only $18,000 will be
left as authorized by the charter for
the building but it has been pointed
out as an easy matter to raise the rest
of the necessary amount through the
sale of minor city property.
Gun Club to Hold Shoot. Tomor
row afternoon commencing at 2
o'clock if it is a good day, the Albany
Gun Club will hold their regular once
a month s'lioot at the range. It is
the desire that all the members com
pete in this contest. Be on ' hand
early.
Introducing New Chocolates. J. K.
.Montcith, representing the Pacific
Co;tt Miscuit company, of Portland,
is in the city today, introducing a new
brand of chocolates known as "Thom
sons." They arc manufactured by the
"P. C. B. Co." Mr. Monteith savs that
if you want to get in right with your
girl get her a pound box.
WANTS DIVORCE FROM
HIS DESERTING WIFE
Charging desertion, Francis M. Ran
dall has filed suit for divorce in the
circuit court against Lydia L. Ran
dall. The couple were married on Sep
tember 24, 1K7. There are two sons,
both of age.
It is alleeed that at the lime of
j the desertion the couple were living
u iii.itMooi, iriano. ii is ci.iiiiii'U mat
the wife wilfully deserted the hus
band in September, 1911. It is al
iened that at the urgent solicitation
of the defendant, the plaintiff left
It lack font and cam- to Oregon and
that in December, 1911. in answer to
a letter from the plaintiff, defendant
wrote back t'hat she did not want him
back. Later, it is claimed she wrote
again stating she had not changed
her mind in the least. L. L. Swan
represents the plaintiff.
T
Ordinance Passed by Council
Virtually Wipes Out Volun
teer Organization.
ALL MEN IUT CHIEF ARE
Tl LOOSE AT QUARTERS
Mint Men At t Result Are
Placed tn City's Pay Rill;
Six Firemen.
By virtue of atv ordinance passed
by the city council last night, the
Albany fire department is practically
reorganized, and will be composed of
chief engineer, assistant an engine
man, auto driver and six firemen, all
of whom will receive pay. All other
acts in conflict with the ordinance
are repealed.
The engine man and the auto driver
shall lodge at headquarters and re
main on duty all the time. Ihe as
sistant chief and the city teamster,
who is to drive the engine, and the
six firemen sball lodge at the fire
house quarters and shall be subject
to calls at all times.
Such are the important conditions
of the ordinance and through it Al
bany will virtually have a paid fire
department. However, it is under
stood that as mudi volunteer help
as available will be accepted.
The members of the department will
meet annually on the first Monday of
January and elect a chief and assist
ant. The council by a majority of
vote will have a right to either con
firm or disapprove these selections,
Whenever there is a vacancy the
council by a majority vote will ap
point a person qualified for the po
sition. Upon assuming office the chief and
his assistant will be required to sub-
cribe to an oath to perform their du
ties to the best of their abilty.
The chief is to receive a salary of
$200 per year, payable quarterly, the
ngine man will bet $75 per month,
and the assistant chief and the six
firemen will receive $10 per month
but will receiye their lodging in the
(ire house quarters gratis.
Relative to the duties of the chief,
he will be required to make a report
within five days after a fire to the
council, giving a detailed description,
as to cause, loss, giving the name of
owner and amount ot insurance, etc
Re will also be required lo report to
the council at the last meeting in De
ceiuber. the number and location n. all
cisterns wit'hin the city limits and the
condition of the fire department. Up
on his failure to perform these duties,
as prescribed by the ordinance, his
otticc will Dc deemed vacant.
French Soldiers Clash With Moors,
(By United Press Association)
Morocco. Dec. 11. Fifteen French
men were killed and twenty two
wounded in a clash in which the
French column captured the town of
Amgalaka from the Moors.
Currency Law By Dec. 20th.
(By United Press Association)
Washington, Dec. 1 !. Democratic
leaders predicted today that the cur
rency bill will pass by December 20th.
after which, it is said, congress will
adjourn for the holidays.
Weather Fair. The range of tem
pentture for 24 'injurs ending at X
o clock tins morning was 49 to 40 de
gri.es. The rainfall for the same per
iod was .02 inches. The weather re
port says cloudy tonight and Friday,
with probable ram.
Mrs. F.hza Crabtree of Scio is vis
iting in tr(ic city at the home of her
sister, Mrs. Rebecca Meyers. She will
return home tomorrow.
Mrs. Mary Roe Palmer arrived last
night to visit her father, Frank Roe,
and for a months visit with Mrs.
Nell Dawson.
CLARK WAS ARRESTED IN
SALEM THIS MORNING
Charged with obtaining money un
der false pretenses, S. D. Clark was
arrested this morning in Salem by
Constable Jo-bii Catliu, and brought
to Albany. He is held in the county
jail awaiting trial in Justice Swan'.-
court.
V. C. Bilyeu is Clark's alleged vic
tim. The case grew out of thcVsale
of a barber shop, located on Lyon
street near the S. P. depot, which un
til a few days ayo was operated b)
Clark. It is altered in the complaint
that a contract of sale was drawn up
between the two men. whereby Bilyeu
paid the other $175 for his interest in
the shop. Later it developed, accord
ing to the allegations, that a mort
gage was found against the property.
CAUSES ARE TO BE SOLD
Council Passed 2 Ordinances
Last Night Authorizing the
Sale of Bonds,
Meeting last night flic, city council
passed two ordinances for the sale
of city bonds. One is to raise money
for street improvement and the other
is to secure $22,000 for the purchase
of a city hall site.
The ordinance authorizing the sale
of city bonds to raise money for the
purchase of a city hall site was pass
ed after an ordinance authorizing the
purchase of the site was passed.
The bonds will run for twenty years.
They are in denominations of $500
and are numbered from one to forty
tour inclusive, and will draw 5 per
cent interest. They will be dated
January 1 and will be payable in Jan
uary 1934.
Ihe other ordinance authorized the
issuance of improvement boiids to
secure money for the improvement of
alleys running through blocks 7, 8, 9,
1U, 16, 17, 18, and bixHi street from
the west curb line of Baker to west
curb line of Jefferson and a block of
Water street, according to the plans
and specifications as compiled and
filed by the city engineer.
CAPTAIN SLOVER' MUST
GO SAYS PORTLAND MAYOR
Many Officers of Polie e Be
partment Discharged As
Result of Charges.
(By United Press Association)
Portland, Dec. 11. As a re
sult of the civil service investi
gation of t'he charges that mem
bers of the police department
were gambling and that certain
high police officials protected un
derworld characters, Mayor Al
bee dismissed Captain Slover,
Former Chief of Police Riley,
Sergeants Casey, Presscr and
Rupert and seven patrolmen, "for
conduct unbecoming an officer
and for the good of the service."
W. S. Sniallwood. of Portland, ar
rived last evening and is visiting with
his parents, Mr. and Mrs. U. bmall
wood.
Made Big Shipment of Cattle. Dave
savage, of Wilhclimtia, made a big
shipment last week of cattle from
Juuctioiv City to the Portland Sotck
Yards. Mr. Savage nassed through
Albany yesterday.
. Mandate from Supreme Court. A
mandate was received today from the
state supreme court by County Clerk
Marks, of the order in the case of
Maggie S. Sullivan against Griff King,
which was appealed from the circuit
court.
Knut Knutson Band Played. Th
band accompanying the Knut K uni
son play, which will be at the JM-gii
-theater tonight gave a concert on the
streets tin's noon. Scores of people
were attracted. It is evident that the
band is composed of competent musi
cians. It is a splendid musicti orga-
tuzalior. I lie band will v: ; another
concert tonight. The whistler will a)
v) appe't.
.. Harrisbure Official Here. Recor
der "I". J. Anderson of llarrUhurg is a
business visitor in the city today. Mr
Anderson was re-elected to his office,
in Mondays election lor the twelfth
consecutive term.
MEXICAN ARRESTED ON
CHARGE OF TRESPASSING
Charged with trespassing, Francis
Roiiuio, a Mexican, was arrester! this
morning by Constable Catlin, about 5
miles south of Albany, upon complaint
of Y. Ashton. a farmer of that sec
tion. Brought to Albany, Roman w;
placed in flic county jail and taken
before Justice Swan this afternoon for
a liea in g. The case was in progress
at the hour of going to press.
It is claimed by Ashton that the
Mexican took up his home in a va
rant house on his farm and when told
to move on, rcfi-d. The fanner
claims that Roman was evidently a
hobo as he was walking along the
road, carrying a pack before taking
his lodging in the house. Roman is
a little t el low with bright eyes and
a thin mustache. He does not speak
Knglish and it became necessary to
ecure an interpreter before the trial
could proceed. Constable Catlin said
that when he arrested Roman he
thought he wnuld have a regular Mex
ican rebellion on is own hands.
Tentative Changes Were An
. nounced This Morning By
County Clerk Marks.
SEVEN INSTEAD OF THREE
WITHIN CITY LIMITS
Calapooia Will Be Divided-
Might Be Some Re-adjustment
at Later Date.
Tentative rearrangement of the ore-
cincts of Linn county was announced
tins morning by County Clerk W, L.
Marks, who last night completed
checking up the Changes authorized by
trie county court.
Instead of three precincts within the
city limits of Albany there will be sev
en under the new arrangement, Cala
pooia precinct just southwest of the
city will be divided, Wlright's addition
remaining in Calapooia precinct and
all the territory east of the Tangent
load being placed in the new precinct
which will probably be called Sunrise.
This change has not been decided up
on finally but at least a similar read
justment is probable. The territory in
the eastern part ot the city and imme
diately adjoining the eastern limits
which is now in Knox Butte and Price
precincts will be made into a new
precinct.
Instead of two nrcciucts at Browns
ville us at present t'herc will be four
precincts, the present two precincts
being divided by a north and south
line near the center uf the precincts.
v new precinct which will be called
Ilolley has been created out of the
east end of Crawfordsville precinct
and a few sectioins off the corner
of Sweet Home precinct.
A new precinct lias been created at
Peoria out of the west half of Shcdd
and a few sections off the northwest
corner of Halsey precinct. The remain
ing portion ot Halsey precinct has
been divided into two precincts.
A new precinct has been created at
Rowland out of the eastern portion of
North Harrisburg precinct, a corner
of South Brownsville, and a portion
of South Harrisburg precincts. A
new precinct centering at the Provi
dence church has been jrt-iiul out of
a porition of Sautiam and Laci :;ib
ITC' iuts and a tier of se:tiona off
the south end of Scio. Two iijw pre
cincts b&vt: been created out uf the
territory adjoining Lebanon so that
instead of the three Le'uik-n pre
cincts embracing considerable terri
tory culflide of the city hey will be
included inside ihe city limits under
the new arrangement. The new pre
cinct south of Lebanon will be called
Crowfoot and the one north of Leb
anon either Tennessee or Gore pre
cinct. A new voting precinct has been
created at Mill City, taking the west
half of Rock Creek precinct and two
ectirViis off the cast (end f J-'ox
Valley. A portion of the south end
of Tangent precinct has been placed
in Center precinct. Heretofore a
small precinct, Center will now be a
large one having received in addition
to the portion of Tangent two sec
tion now in Lebanon precinct, they
'having been added to Center in the
creation of Crowfoot precinct; Water
loo precinct has been divided, the east
portion of the precinct being placed
in a new voting district called Berlin.
No changes were marie in Knox
Butte and Price precincts except to
take the territory adjoining and close
to the city limits off the west end of
these precincts and place them in a
new one.
No changes were made in Foster,
Jordan, K ingston, Orleans, North
Scio, Shelburii, Soda(ille, Syracuse
and Talhiiau precincts as Uu y were
small enough so that (he increase of
the votes incident to the adoption of
woman suffrage will not make them
too large.
Andrews Pleases Corvallisitcs
That C. L. Andrews Who will give a
lecture here Friday evening at the IT.
P. church on Alaska, pleased the pco
pie of Corvallis with a lecture given
there last night was indicated by
letter received here this morning. It
stated that the church was packer) like
sardines in a box and that the lecture
was one of Me most interesting ami
stirring of it s kind ever heard there
Express Carried Free. Wells bar
go & Company will carry and deliver
free of all charges any dnnatiou or
contributions for the flood sufferers
in centra and southern Texas
addressed to Relief Commit!''
M iniiiipal authorities in the flooded'
districts.
A. D. Cridge Here. 1 1 ere in the
interest of the Home Tax Fxemptioti
League, Alfred I). Cridge, of Port
land, secretary of the league, 'has been
shaking hands with A litany people
since yesterday, Mr. Cridge is a spe
cial writer for the Portland Oregon
Journal.
Fined for Drunkenness. Jack Rains
was fined $10 and costs in the police
court this morning on a charge of
drunkenness, lie was arrested yester
day afternoon.