X
LIQUOR ELEGTION
HELD ILLEGAL
Judge Galloway This Morning
Decided Harrisburg LoGal
Option Case.
SUPREME COURTS ACTION 1
ON REGISTRATION CAUSE
Case Will Be Immediately Ap
pealed to High Tribunal
Announced Hill.
"The local option election v;is il
legally held because it was held in an
oft year during a special election, and
because a sufficient number of the reg
istered voters did not siifn the peti
tion calling the election."
That was the deciion handed down
this morning by Judge Galloway, in
deciding' the case ot W. IS. Holman
against the county court, to restrain
any attempt to declare the issue ot
the election.
"We will immediately appeal the
case to the supreme court," said
County Attorney Gale S. Hill, to a
Democrat representative, after hear
ing the decision.
The case grew out of the election
held on November 4, when the town
went "dry" by a majority of 41 votes.
Harrisburg has been wet for the past
year.
Judge Galloway based his decisio'i
on the fact that l.he local option elec
tion was held on the occasion of a spe
cial state election in an off year,
which was called to pass upon spe
cial referred measures and the fact
that the supreme court knocked out
the 1913 registration.
If the registration law had held,
the petition would have been legal,
as there were 10 per cent of the re
quired number of legal and registered
voters signed it, considering both the
old and new registration rolls. Inn
most of them registered under the
new system which the supreme court
heretofore decided unconstitutional.
County Attorney Hill asked that
tile other side be instructed to pre
pare the decree at. the earliest (hue,
in order that there will be no deiay
in taking the case to the higher cour.
Through Judge Galloway's decision,
the Sweet Home election is virtuallv
illegal, hi the special election that
town went from dry to wet by a ma
jority of 7 votes. The judge said he
would have been glad if the tempei
ancc people of that place had filed an
injunction suit, for when it conies
right down to a question of law, liq
uor will be sold there without author
ity, provided the supreme court sf
iirms his decision in . the Harrisburg
case.
Judge Galloway made permanent
the .injunction to prevent the county
:ourt declaring the results of the Har
risburg election. He ruled that the
county would not have to pay any
costs.
That the city can go ahead and hold
a city election under the provisions
of the city charter and the Home Rule
act, to determine the question of we!
or dry, was a statement made by the
judge.
In rendering his decision Judge
Galloway spoke at length. He called
attention to the various passages of
law. different cases similar, holding,
of the supreme court and laid particu
lar stress on his attitude of the local
option question. He called attentini
to cases he had decided, saying th u
S1O0 and 30 (lavs was the lowest pun
ishment he had given a local option
violator convicted in his court.
"I am aware that iutenseness of
feeling between people is the result
of the local option cases in sonic
parts of this stale. In this ilir-trL-t
this court has been strict ill enforc
ing '.lie law and it has been my policy
to stretch the law to the utmost in en
forcing local option laws. 1 vojed for
prohibition at McMinuville because
of various reasons, maiiilv on account
of the Baptist college there and 1 hope
the county will always remain drv
But the facts in this ca.-e arc such
that it compels me to declare the lo
cal option election at Harri-bir.;
illegal."
Crowds in Frisco Already.
So great have been the crowds ap
plying for admission to the Panama
Tacific International Exposition
grounds every Sunday afternoon,
while the weekly aviation contests and
exhibitions are in progress, that addi
tional entrance gates have had to be
provided.
"ECHOES OF BETHELEM"
WAS SPEND1DLY PLAYED
"Echoes from Bethlehem" was
splendidly played last evening in St
Mary's Academy Hall by the Altar
Boys of the local Catholic church.
The scenery representing Palestine
was wonderful and the costumes were
deftly reproduced from religious art
masterpiece. The play was brief am!
very picturesque. Tiic Altar Boy:,
were the recipients of many compliments.
LAND TRUST CASE IS
WON BY THE DEFENDANT
i
Mrs. Ellen C. Griffith Looses!
Suit to George Griffith,
Husband's Brother.
Judge Galloway this morning decid
ed the case of Ellen C. Griffith against
George 1". Griffith, which was to es
tablish a trust, in favor of the defend
ant. According to the complaint, John
H. Griffith, husband oi the plaintiff,
died on October 30, 1912, leaving her
as his heir. She was appointed ad
ministratrix oi the estate. It was al
leged that claims have been made
against it and it has been necessary
to settle them. It is set up that she
had trouble with her husband prior
to his death, and that as a result, Geo.
K. Griffith conceived and conspired
with her husband for the purpose of
preventing from acquiring any of his
property.
As a result, it was alleged, the litis
band before his death, deeded a cer
tain tract oi land to his brother. She
sought a decree declaring that George
was holding the property in trui,
enjoining him from attempting to dis
pose of it and to require him to con
vey the land to her.
0. A. C. CADET BAND
WAS GREAT 816 TREAT
Splendid Musical Organization
Played Here Last Night to
Packed House.
Making- its first appearance here
last night, on the occasion of its
ninth annual concert tour, the O. A.
C. cadet band, of 34 pieces, played
to a packed house and was pronounc
ed better than ever. Giving a com
plete repertoire of popular and clas
sical music, with one accord the band
was often called upon and responded
to encores. Individual numbers were
especially good.
The entertainment took place in the
armory under the auspices of the Al
bauy Military club. After the 'con
cert the band played for an informal
dance.
Leaving last night in the special car,
the band went to Portland where it
Will appear tonight. The intinerary is
as follows: Hood River, Wednesday
December 24; La Grande, Thursday,
December 25; Enterprise, Friday, Dc
cember 26; Wallowa, Saturday, Dc
cember 27; Pendleton, Monday, De
cember 29; Heppner, Tuesday, De
cember 30; The Dalles, Wednesday,
December 31; Oregon City, Thursday,
January 1; Silverton, Friday,, January
2.
i) CITY NEWS
9
Order Confirming Sale. In the
case of Wilson against Marrs. up be
fore Judge Galloway this morning, an
order confirming sale was filed on
motion of Attorney L. M. Curl.
Plaintiff Wins. In the case of Mc-
!":"ni'v against Craft, to foreclose a
mortgage, Judge Galloway rendered
: dectn;i tii - itm-Miing sustaining tut
complaint. The case was tried last
week.
Dance at Armory Pleasant Affair.
TliC (lince uiven last night at the ar
r.iory following the band concert un
der the auspices of the Albany .Mm
tnrv t-It'h wa s a tdeasaut affair, en
joyed by a large crowd. The band
turms l'! .-pler.uiu music lor t lie or
casion.
Home From Montana. -Carl llou--tmi,
a former Albany barber, but row
a homesteader of near l.ouia. Monl.,
is in Albany to spend the Christmas
acalion with his parents, Mr. and
M rs. Worth ! I on s ton, lie report s
conditions in Montana as splendid
and expre-sed himself as very well
pleased with his stake there.
Poor Children Remembered. With
the members of the Klks lodge mak
ing a canvass of the town in an efforr
to locate needy children and the work
conducted by private individuals, it is
hardly probable that any child in Al
bany will fail to receive a visit from
Santa Clans. A large number of peo
ple obtained names of needy children
from the Democrat office yesterday
and promised to see that the peo-
le felc"ed from the list arc properly
cared for on Thursday.
Weather Fair. The range of tem
perature for 24 hours ending at 8
o'clock this morning was 42 to 32 de
grees. The rainfall for the same per
iod was .01 feet. The river is 3 feet.
The weather report says probably
fair tonight and Wednesday.
Spend Xmas in Portland. I.
this morning for Portland, Mrs.
Davis and children will spend
mas there with Mrs. Wolfe, a
They will probably return
N'ew Years.
-eavmg
W. II.
Christ
sister. before
? News cn This Page il
, '-V" Da'U' T.ue rf
D TUESDAY, DECEMBER
23
m
HOMESTEADERS CAMPED
NEAR PORTLAND LAND OFFICE
Fifty Squatters of Linn County
Make Sure of Being on
Time to File.
Having camped over night in die
orridors of the Worcester building.
half a hundred setters are prepared at:
9 o'clock this morning to plank down:
their filings on the land in township
12 south, range 4 east, in Linn coun
ty, on which the Northern Pacific
railway has laid its scrip, says this
morning's Oregoniau.
The bivouac in the hall outside the
United States land office was made
by many ot' the settlers on the advice
o ftheir attorneys, P. A. Lafferty and
John McCourt, who urged the precau
tion to avoid the possibility of anyone
or anything else "beating them to
it."
The effect of the filing this morn
ing will be to throw the cases eventu
ally into the United States courts, af
ter it has gone through the United
State land office and to the secretary
of the interior, since a contest by the
ailroad is expected. Mr. Lafferty said
last night that he believed the case
would be carried to the United States
supreme court.
The land in question is situated out
from Albany and the Northern Pa
cific laid its scrip on it after land in
Washington had been thrown into for
est reserve. Tlc railroad laid its
scrip on the land under the r.et of
March 2, 1899, which provides that it
may, in lieu of land thrown into re
serves by the government, lay its scrip
on surveyed or unsurveyed land in
Lany state through which or into which
its lines run.
The attorneys for the settlers arc
basing their contest on the act of
May 14, 1SS0, which permits settlers
to go on unsurveyed government
lands and get credit for tl.eir time of
residence prior to the surveying of the
land, which act they hold was not af
fected by the act of 1899. They main
tain that the railroad might just as
well have laid its scrip on land that
had been surveyed and avoided the
possibility of such contest as mij;ht
arise and has arisen in the present
case.
VICTIMS OF BANDIT RE
COGNIZE HIM ON STREET
Man W o Held Up S. P. Lim
ited and Killed Passenger
Agent Arrested.
(By United Press Association)
San Francisco, Dec. 23. Identified
by two alleged victims as the lone
bandit who held up and robbed the
Southern Pacific Sunset Limited near
Los Angeles on December 1, whc:i
Traveling Passenger Agent Montague
was shot when he offered resistance
a man giving the name of John Bos-
uck was arrested tins aiternoon on
the streets of San Francisco.
Arthur Cohen and wife who were
passengers on the train at the time,
identified him as the man. They were
walking along the street today when
Mrs. Cohen saw Bostick and immedi.
ately pointed out the man's where
abouts to her husband, who also rec
ognized him. They trailed the alleged
bandit lor JU minutes before encoun
tering a policeman.
SUES TO RECOVER ON
A PROMISSORY NOTE
To recover on a promissory note
Roy 1 1 bids has filed suit in the cir
cuit court against II. L. Van Odd,
asking judgment in the sum of $50U
and costs and disbursements.
The note was executed on Septem
ber 23 last-and payable one year al
ter date. The plaintiffs allege that no
part of said notes has been paid. They
arc represented by Attorneys Wcu
therford and Weatherford.
Carter New Judge
(By United Press Association)
Salem, Dec. 22. The governor ap
pointed K. D. Carter to be county
judge of Baker county to succeed the
late Judge Ilashe.
GOVERNOR'S PARDON IS THIS
WOMEN'S IAS PRESENT
(By United Pre Aiiociation)
!nclian:ipolis. IihI., Urc. 2.V fiover
nor K.ilMon today mafic y Christinas
present ot a pardon to Mrs. Belle
Shenkctiherger, for fifteen years' an
inmate of tiic women's prison her,?
following Iter conviition upon til-.-charge
of poisoning her 'lauhler-in-law.
She was Civil War nurse an'
he'K'an lirr pri-on term on Xmas eve,
IW. She will be. freed Xmas eve.
191.1.
BILL TONIGHT
Joint Conference Currency Bill
Passes Senate by Forty
Three to Thirty-Five.
PRESIDENT '. ILL SIGN
AT STRIKE OF 6 TODAY
House Ratifies Conferees'
Agreement on Bill by 298 to
60 Last Night.
(iy United Press Association.)
Washington, Dec. 23. By a vole of
43 to 35 the United States senate this
afternoon adopted the joint confer
ence currency bill. The bill as it
was passed is expected to reach the
WJiite House not later than 4 p. m.
'resident Wilson announced his in
tention of signing it at 6 o'clock sharp.
The house adjourned at 3:11. The
senate adjourned at 4:1.
Currency Passes House
Washing, Dec. 23. With the
who read of her plight in a press ilis-
house last night ralilying the couier
ees agreement on the currency bill
by a vote of 98 to GO and the senate
pledged to vote on the measure not
later than 2:30 this afternoon it seem
ed certain early this morning that the
bill would be ready for the president's
signature before niuhl.
The senate met at 10 o'clock this
morning with the understanding that
a consideration of the conferees re
port would start immediately, it was
announced at the White House thai
Ihe president would sicn the bill at
six o'clock sharp. He has prepared
a memorandum outlining just what lie
expected the bill to accomplish.
STEWART DAVID STEPHENS
. PASSES TO REWARD
Stewart David Stephens died last
nitrht at his home in Sunrise of can
cer of the stomach at the a,re of (3.
Born September 4, 1848, in New York
state, the deceased came west when
quite young and has made his home
here since. He was well and favor
ably known by a host of friends. A
wife and two sous survive. The re
mains will be shipped to Roseburg for
burial.
Emeline Gone Again.
(By United Press Association)
London, Dec. 22. Kincline i'ank
hurst, militant suffragette, left today
for Switzerland to recuperate from the
effects of her latest hunger strike.
SEATTLE CITIZENS WIN
FIGHT FOR TRANSFERS
(By United Press Association)
Washington, Dec. 22. The citizens
of Seattle won their fight before the
supreme court, conipcling Seattle and
Kenton Southern street railway coin
Ttnv to exchange transfers with the
Seattle Flee trie Railway within the
limits of Seattle. The court di-ini-sed
the company's appeal from a decree
of the state sunreme court of Wash
ington directing suburban railway
companies to give and receive trans
fers between other lines on a basis of
one-half of the proceeds,
MONEY
We are prepared to furnish mon
ey on farm loans in the Willam
ette Valley at the lowest current
rates of interest. Will give five
years time and allow the bor
rower liberal options of prepay
ment. If you can make more
money from your farm by ad
ding livestock and new machin
ery and new buildings we will let
you have the money for that
purpose. If you want to dis
pose of your place, the quick
est way to make a sale is to add
substantial improvements. When
in need of funds call on us.
We are the only established
company making long time
loans in this county.
The Oregon Title
and Trust Co.
ALBANY,
0RIX0N
SAYS ALBANY HAS MADE 1
i
MOST WONDERFUL GROWTH
Charles Dickson, Here Yester-i
day for First Time in
14 Years.
That Albany lias made a most won
derful progress within t lie past A
years, is the opinion of Charles Dick
son, a traveling man, who declared
that he didn't know the city and could
hardly realize he was in Albany, while
transacting business here yesterday.
It has been just 14 years since Mr.
Dickson visited Albany. That was
when he was traveling through this
section for one of the largest whole
sale stationery houses of California.
Mr. Dickson makes his home any
where and everywhere but when it
comes right down to the fact, lie
hails from San Francisco. He was ac
companied to Albany yesterday by
Mrs. Dickson. While here Mr. Dick
son called upon his old friend Fred
Dawson, proprietor of the Owl Dug
sto. Mr. Dickson is on the road now
for another wholesale house.
LAST OF WAREHOUSE GASES
HAVE BEEN SETTLED
Stipulations Were Filed This
Morning in Cases Against
Farmers Company.
The last of the warehousemen's
bond cases, the first ever to be tried
in this state, were brought to a close
this morning in Judge Galloway's
court, when stipulations of final set
tlement were filed in the cases of
Smith Cox and others against the Al
bany Fanners' company and Fred
Ilolzapfel against the same concern.
The cases grew out of the failure o;
the farmers' company and were t.i
collect on a warehouseman's bond.
They were brought by prominent I, inn
county farmers, who had grain stored
in the three warehouses operated by
the company at tangent, lallman ami
Albany at the lime oi the failure. The
cases were scheduled to come up for
trial several weeks ago before Judge
Galloway but a eouipronii.se was ef
fected and they were to be settled out
of court.
My the stipulation the Smith Cox
ease is settled and dismissed without
costs to either side. It is further stip
ulated that to the parties paying filing
fees and for services of Munitions
shall be paid the amount paid by each
of the plaintiffs and defendants and
that the remaining $1500 shall be dis
tributed. PARTRIDGES RELEASED IN
LANE GOOD SHOOTING
Eugene, Dec. 22. Twenty-four pairs
of Hungarian partridges, imported
from Europe by the state game war
den, have been released on two of the
game reserves in this county. The
birds multiply rapidly and are ex
pected to furnish fine shooting in sev
eral years.
JAP POLICEMAN TO BE
GOEST OF HONOR AT DINNER
Los Angeles, Dec. 23. Lang Yep,
said the be the first Chinese police
man in America, will be the guest
of honor tonight at a banquet given
by his countrymen. Other guest-,
will he Chief of Police Sebastian and
the city police commissioners.
Long's appointment proved sos ue
oessful an experiment that after Jan
nary I a squad of Chinese police prob
ably will be sworn in. Their work
will be consigned to China town and
special detail.
In his first ofieial report Long re
cited the theft, from his own poultry
yard of three chickens, a duck and
a turkey. He was detailed on the
case and secured the arrest and con
viction of the thief.
YOU ARE LOSING MONEY
Unless You (let 1 he Benefit of
Wholesale Lumber Prices
Now Quoted
ALBANY LUMBER CO.
Both Phones.
SURVEYING?
s PENLAND
Room 5, Newew Bligh Blilg,
CLAMS SHEWAS COMPELLED
TO SAW WOOD FOR LIVING
Meda Whitcomb Has Brought
Suit for Divorce Against
George B. Whitcomb.
Charging that he has failed to prop
erly provide for her, and would aban
don her for long periods compelling
her to gain her support through saw
ing wood on the farm, Meda Kl'ia
Whitcomb has filed suit tu the cir
cuit court against George B.
Whitcomb, for divorce. The couple
were married in 18S3. There is one
son who is of age and is married.
Various acts ot cruel and inhuman
treat mem are alleged in the complaint.
It is alleged as a result, the plaintiffs
health has been greatly impaired. Oil
one occasion, it is claimed, the de
fendant struck his wife such a violeu:
blow. on the jaw that she was unable
to properly chew her food, and on
another occasion defendant violently
pushed her off of a porch. The de
fendant conducts a store near Whit
comb and it is claimed that he has re
fused his wife provisions therefrom
and warned other storekeepers not to
credit her.
The plaintiff asks for judgment,
aside from the decree, of $1500 and
the sum of $20 per month alimony and
$250 attorneys lees. Attorneys We i
t her ford and Weather ford represent
the plaintiff.
SANTA SHOULD BE GIVEN
ADEUATE POLICE GUARD
San Francisco, Calif., Dec. 23.
Police Chief While received a letter
from Uupert Bland, age 4, calling at
tention to the dangers to which Santa
Clause and his presents will be ex
posed at highwaymen's hands on the
night of December 24, and urging that
he be given adequate protection while
making his rounds.
U. S. Ships at Vera Cruz
Vera Cruz, Dec. 23. The bat lie-
ships K.ansas and Connecticut arrived
here today and anchored just outside
of the harbor. The ships passed Tam
pico on a voyage southward and re
ported all quiet there. 1 he local
branch Hank of Loudon remained
closed today.
American Girl Released By J. Bull.
(Hy United Press Association)
London, Dec. 23. Zelie Fitter son,
an American girl arrested here in con
nection with the suffragette demon
stration was acquitted today of tlu
charge of resisting an officer.
WOMEN DRUGGED AND LEFT
TO DIE IN STREET
Deserted by Battle Creek Hus
band; Meets Death in Spec
tacular Manner in Chicago.
(Hy United I're.ts Association)
Chicago, Dec. 23. Drugged, strip
ped of clothing, a pretty young wo
man, believed to be Mrs. Anna Denip
sey of Mat tie Creek, Michigan, was
found dying in an alley .near the
stock yards.
The police believe she was carrier
in an automobile to the spot where
she was found. Once the woman
attempted to speak but lapsed into un
consciousness and died. A slight
scalp wound was found on her head
luit deatli was caused fnnn exposure,
The physicians declared that she had
not been drinking. She was deserted
hy her Battle Creek husband, the po
lice said !oday, and came here to uiak-.
a home for her little daughter.
Clement for Commission.
(By United Press Association)
Washington, Dee. 23. The seuat-.'
this attcrnonn eonfirnied the presi
dent's reappointment of JikImui Clem
ent of (ieorgia as an interstate com
merce commissioner.
HOBOS MUST TAKE BATH
AND DRINK MILK IN CAL.
Venice, Cal., Dec. 22. The chief of
police has issued warning that all ho
bos arrested here will be fed on malt
ed milk and compelled to take two
baths daily. Notice to this effect will
be posted. Hobos are expected to
tvnr shy of Venhc
& EATON
Bell 535-R.
t