TO 0U5I EPFERLY
The Deposed Prosecutor Begins
Proceedings to Keep New
Man from Work.
DISTRICT ATTORNEY DON'T
WANT OLD DEPUTIES NOW
Tom Word Declines to Act as a
Special Agent in the Vice
Crusade in Portland.
SATURDAY
H. M. Esterly, newly-appointed by
Governor West to supplant George J.
Cameron in the office of district at
torney of Multnomah county, and ac
cepted by the court, has exercised
his new duties less than one day,
when proceedings were begun last
night by Mr. Cameron to oust him
from the position and to get himself
reinstated as district attorney.
Information in quo warranto pro
ceedings was filed for Mr. Cameron,
with the announcement that Mr.
Cameron's attorneys will appear be
fore the court at 9:30 a. m. today to
apply for an order to restrain and
prohibit Esterly from exercising or
attempting to exercise the functions
of the office of district attorney and
to ask "that upon final hearing he be
declared guilty of usurping, intruding
into and unlawfully exercising" the
office of district attorney; that he be
ousted and Cameron reinstated and
that the plaintiff have judgment for
costs and disbursement!.
In the document filed containing
the information in quo warranto pro
ceedings, Mr. Cameron denied the
lawful right of Mr. Esterly to hold
the office and declared illegal his en
trance into the grand jury room yes
terday and his participation in the
work of the grand jury.
C. W. Fulton will appear for Mr.
Cameron, and he will be assisted by
Henry St. Rayner. M. L. Pipes also
probably will be secured to assist
them. Mr. Esterly had not determ
ined last night whom he would se
cure to handle his side of the case.
' 'We will not attempt to take
charge of it ourselves,' 'he said.
"We've got about all the work we
can handle in the regular line of offi
cial duty, .and I will confine myself
to that and call upon someone else
to take charge of the Cameron case."
Mr. Esterly yesterday appointed
four deputies Loyal H. McCarthy,
A. A. Jayne. W. S. Ashcr and E. R.
Ringo. Judge Morrow recognized
without hesitation both Mr. Esterly
and his deputies, making it plain,
however, that his ruling was not final,
and that Mr. Esterly was recognized
for the present because no question
had as yet been raised as to the legal
ity of his appointment.
HEART STILL THREE
MINUTES AND LIVES
Philadelphia, Aug. 30. Anthony
Lama, twenty-five years old, a line
man, was revived today after his heart
action had completely stopped, ac
cording to the statement of Dr. R.
Francis Taylor, police surgeon of the
Nineteenth District.
Lama was trimming a city lamp,
when he touched a live wire and was
hurled unconscious to the ground
twenty feet below. Dr. Taylor hap
pened to be near and used, what is
known to the profession as Sylves
ter's method of artificial respiration.
Despite tiie fact that there was abso
lutely no pulsation for at least three
minutes, he succeeded in restoring the
man after working over him for more
than an hour.
Surgeons say many deaths from
electrocution might be avoided if ar
tificial respiration were rvsortcd to
immediately.
Miss Jennie Irvine last evening
came down from Detroit, where siie
has been several weeks with her sis
ter. Mrs. Nona Williams, of Port
land, with whom she will make her
home.
Frank Cruson of Lebanon passed
thr-mgh Albany this afternoon to To
ledo where he will spend Sunday at
the home of Miss Lola Wade. Cru
s.iii was the gun pointer with the Al
bany artillery company which made
the "highest score with the big guns
at Port Stevens. '
The Metropolitan Concert Fnter
tainers will appear at the First Meth
odist church at 8:3i) o'clock tonight.
Every member is an artist and the
residents of Albany will miss some
thing fine if they fail to hear them
tonight.
W. W. Ashby. superintendent of
the Warren Construction company,
was a passenger to Portland on the
electric this afternoon.
E. E. Churcn of Albany went to
Salem on the electric this afternoon
where he will officiate as one of the
special police at the state fair next
week.
Merle Rriggs of Mt. Angel arrived
in Albany this afternoon to see his
father, A. L. Briefs, who leaves to
morrow morning for LaGrande.
California, where he has accepted a
position as superintendent of the puh
lic schools of that city for the com
ing year. LcGrandc is near Fresno,
California.
EXHIBITS AT SCIO FAIR
. GOOD SAYS STEWART
Inclement Weather Prevents a
Large Attendance; Only Slight
Damage Done to Crops.
"The best and largest exhibit ever
assembled in Linn county," was the
statement of Manager Stewart of the
Albany Commercial club who returned
last night from the Linn county fair.
The fair closed yesterday and ow
ing to the inclement weather the at
tendance was unusually small except
on Friday when a large crowd passed
through the gates.
Owing to the fact that the track was
too heavy, Mr. Stewart says that the
management found it necessary to call
off the races.
It was decided yesterday to ship the
premium exhibits of Industrial school
fair to the State fair at Salem, the
Southern Pacific Railway company
having agreed to transport the same
without any charges and it will be
loaded at West Scio today.
The farm exhibit of John Zeller
of Crabtree was one of the best ex
hibits seen at the fair.
Mr. Stewart says that he talked with
a number of prominent farmers in
regard to the crop situation and finds
that they are not as far along with
the harvesting on the forks of the
Santiam as they are on the Albany
prairie. He was told by one thresher
man that twenty-four hours of dry
weather will be sufficient to enable
farmers to resume threshing oper
atons. It seemed to be the consensus
of opinion that thus far only slight
damage has been done to the crops.
ALBANY ELKS WILL BURY
DECEASED BROTHER SUNDAY
Funeral Services of Late Ivan
Williamsto Be Held at Halsey
Tomorrow Afternoon.
The funeral services of the late
Ivan Williams, who with E. R. Walk
er was recently drowned in the Des
chutes river when their boat capsized,
will be held tomornw afternoon at
Pine Grove cemetery, four miles troni
Halsey, and will be conducted by the
Albany Lodge of E.ks of which the
deceased was a member. Walker war
also a member of the Albany Elks'
lodge and both lit and Williams for
merly resided in this county.
At the time ct the accident on llic
Deschutes the men were in n skiff
taking soundings of the river for the
U. S. government, when their boat
suddenly capsized, throwing both
men into the turbulent waters, which
were running at that point at :he rate
of over 18 miles an hour. Neither
Williams nor Walker were able to
reach the shore and sunk to a watery
grave in the river.
A third man who was in the boat
with them at the time it capsized,
managed to reach out and grab a
rocky portion of the canyon wall
where he held for six lion 13 until res
cued by the crew of a passing trcight
train on the Oregon Trunk railway
Both Walker and Wiliams left Linn
enmity a few years -lg-j and went to
Eastern Oregon where they took up
claims near Metoliur..
SALEM DENTIST WILL OPEN
RESORT IN THE CASCADES
Dr. Mark Skiff, Salem's pioneer
dentist, wife, sister, Mr. Selling, and
others, last evening returned from the
llreitenhush hot springs, where most
of them spent several weeks.
Dr. Skiff has become greatly inter
ested in the springs, and is reported
to have secured a lease from the gov
ernment on eighty acres, upon which
are s nne springs declared to he as
good as those on the original -spring,
tract. These he expects to develop
for a summer resort, with such con
veniences as are desired by those go
ing to such places. The doctor
brought down with him a cask of the
mineral water on the property, which
he will send to Washington for an
alysis. I 1 here is now a fine trail going into
I the springs, and getting in and uut
j has become an easy trip of only three
or tonr hours, an experience that is
greatly enjoyed by most people, on
account of the pretty scenery and
wild surroundings, constantly vary
ing. The walk is easy for a healthy
person, and a pack-horse ride is not
hard for the average person unable
to walk.
Mr. and Mrs. George F. Xevins of
Portland will arrive in Albany to
night to attend the house party
which will be held at the Hawkins
cabin at Linnhaven.
Dr. W. H. Davis left this after
noon for Roseburg where he will
attend the Shrincrs' conclave in that
city tonight. He will return home
tomorrow.
J. C. Hammel. proprietor of the
Revere Hotel, who owns two large
hopyards in the vicinity of Corvallis.
says that hoppicking is progressing
nicely at his yards and that the dam
age to the hops by rain will be triv
ial. W. W. Davis of Pendleton arrived
in the Hub City yesterday afternoon
and will look after business matters
in Albany for a few days. While
here Mr. Davis is stopping at the
Van Dran hotel.
C. F. Coc, an employee of the Ore
gon Power company, had his right
hand badly burned yesterday morn
ing while changing the connections
an a meter at the substation. He re
ceived 220 volts of electricity.
LIBRARY PLANSARE
NOT SATISFACTORY
R.A.Franks Financial Secretary
Writes to Judge Hewitt
Suggesting Changes.
PLANS ARE DISAPPROVED
BY CARNEGIE CORPORATION
Local Board Will Makejjjhem
Conform Requirements; No,
Great Delay Anticipatad.
Disapproving a portion of the
plans prepared by the Albany Public
Library association because of cer
tain rules and regulations adopted by
the Carnegie corporation, Judge
Hewitt, president of the local library
board, yesterday received a letter
from R. A. Franks, financial secre
tary for Andrew Carnegie in which
certain objections were raised to the
proposed plans and specifications for
the new building, the plans having
been recently forwarded to the Car
negie corporation for their approval
or rejection.
The members of the local board
had instructed the architect to pro
vide a small auditorium on the ground
floor with the expectation of ulti
mately converting the same into a
children's department. Mr. Franks
disapproved this plan and also raised
objections to the relative proportions
of the depth and width of the new
building.
The members of the Albany Li
brary Board have agreed to make the
changes in the plans as suggested by
the Carnegie corporation.
LOCAL NEWS.
Miss Cherry Cooey of Portland
who been visiting in Albany for
several days, the guest of Miss Clara
Morgan, returned home this after
noon on the electric.
Mayor P. D. Gilbert and Grant
Pirtle, two of Albany's heavyweights,
left this afternoon for Roseburg to
attend the Shrincrs conclave this ev
ening. They expect to return home
tomorrow evening.
C. H. Weidcr and William Bain
left this morning on the early train
to Roseburg where they will attend
the Shrincrs' conclave in that city
this evening.
L. H. Fish, one of Albany's leading
real estate men, left this afternoon
for Roseburg to attend the Shrincrs'
conclave in that city tonight.
J. K. Weatherford left this after
noon for Vale, Malheur county,
where he will spend several days
looking after legal matters for sev
eral of his clients in that city. He
was accompanied by Mrs. Weather
ford who will spend several days vis
iting friends and relatives in Union
county.
The Misses May and Genevieve
Findley of Grants Pass who stopped
off in Albany last evening while en
route home from Portland, for a
short visit at the home of Rev. and
Mrs. D. H. Leech, left this afternoon
for their home in Southern Oregon.
Guy Allen, a telephone lineman,
was arrested last evening by the local
police for appearing upon the streets
in an intoxicated condition. He was
tined S10 and costs by Police Judge
Van Tassel this morning.
M. J. Monteith arrived this after
noon from Southern Oregon where
She has been for several days on a
commercial trip.
Dr. C. V. Littler has returned
from his vacation and his office will
again be opened on Tuesday.
The noon train, southbound, due
here at 12:l5, did not arrive here un
til 1:3') o'clock this afternoon, the
train being delayed by hnp-pickers
bound for the Willamette Valley
hopf;elds.
T. L. Killingsby has been appoint
ed as superintendent of the P. E. &
E. steam lines at Corvallis. Mr. liil
lingsby's headquarters are at Salem.
Miss Levanna Venner of Hrowns
ville is spending a few days in Al
bany visiting with Miss Louise Pirtle
at the St. Charles hotel. Hoth Miss
Venner and Miss Pirtle will enter
the Oregon Agricultural College this
fall.
Mr. and Mrs. C. II. P.ailey of Leb
anon were in the cily yesterday attci
noon visiting with Mr. and Mrs.
Grant Pirtle. The Paileys were res
idents of Honolulu. H. 1., when the
Pirtles visited the islands two years
ago.
Mr. Lee, the man who installed
the gravity water system at Newport,
was in the city this noon on his way
to his home at Cottage Grove from a
Newport trip.
Shcrilf Gellatly of Corvallis was in
the cil this afternoon.
Mr. and Mrs. J. F. Venner of
Brownsville have returned from Rich
mond, California, where they have
been spending the past year. They
expect to move to Corvallis this win
ter where their daughter, Miss Le
vanna will enter the O. A. C.
Mrs. S. S. Train went to Newport
this afternoon where she will spend
Sunday visiting with her daughter,
Mrs. Sam Dolan.
Albany people should not fail to
hear the Metropolitan Concert Enter
tainers at the First Methodist church
tonight at 8:30 o'clock. Vocal solos
and instrumental selections by artists,
at popular prices.
'DAGO" HRANK CIROFICI.
Believed to Be One of the
Slayer, of Herman Rosenthal.
$2,000 PRIZE OFFERED
' FOR A PERFECT GIRL
Chamberry, France, Aug. 30. M.
Carret, rich, eccentric and once a
member of the Chamber of Deputies,
but who retired from politics many
years ago to live in an Alpine cave
in Savoy, died recently.
A will has been found in which he
leaves his wealth to his native town
on condition that each year a prize
of $2,000 be awarded to the girl in the
Department of Savoy who is physi
cally and morally most perfect.
o
SPARKS FROM THE
WIRE.
Reno, Nev., Aug. 31. Three dis
tinct though slight, earthquake
shocks were felt here last night at 9
o'clock through a period of 15 sec
onds. No damage was done. Chan
deliers were rocked and dishes shak
en. The direction reported was from
east to west.
Alton, California, also felt the
shock.
Mexico City, Aug. 30. Fifty rur
ales commanded by a second lieu
tenant today defeated 150 rebels in a
four hours' fight on the Hongo Haci
enda, south of Jimulieo, Cohulia, ac
cording to an official report to the
president. Eighteen rebels and three
ruralcs were reported killed. Gener
al Huerta, who is proceeding north
ward from Chihuahua with three
trainloads of troops, was last report
ed to be at Madera on the northwest
ern railroad.
London, Aug. 31. The only Eng
lish journal thus far to approve the
Panama canal toll act as recently
passed by the American congress, is
the Nation, a radical weekly, which
argues that the exemption of Ameri
can coastwise ships from the payment
of canal tolls has not violated the
Hay-Pauncefote treaty.
"Fair-minded people," says the Na
tion, "must recognize that the exemp
ting clause is not a new grievance
on the trade of this or any other
country."
Tucson, Ariz., Aug. 30. F. M. Cur
tis and I!ert Cunningham, after a
harrowing series of incidents in mak
ing their escape from the rebel in
fested zone of northern Sonora, fol
lowing the killing of three insurgents
at El Oro mine, arrived here today
in rags and still carrying their guns.
Washington, Aug. 30, The fight
between the Taft and Roosevelt forc
es over presidential electors from
Kansas was transferred to the su
preme court of the United States
day. It will be rushed to the printer
so the court may dispose of it imme
diately after convening October M.
The decision of the Kansas court.- is
adverse to the Taft following.
The Taft forces allege they are de
prived of rights guaranteed by the
fourteenth amendment to the consti
tution. It is charged that the Roose
velt electors procured signatures of
Taft men to petitions as candidates
for electors by pretending they were
republicans and would support the
party's, candidates for president.
These candidates, it is added, did not
intend to give this support unless
Roosevelt was nominated.
St. Albans. Vt., Aug. 30. During
the course of his speech here today
before a crowd of 3U00 persons, Col
onel Theodore Roosevelt, progressive
presidential nominee, was interrupted
and asked by a man in the audience
if the new party were the "progres
sive republican party."
"Rooseveli shouted: "No, sir It's
a brand new progressive party.
"When Abraham Lincoln left the
Whigs there were some bigots who
would not vote for him; the same
bigots now won't stand with us.
"Do you get meV
San Francisco, Aug. 30. Standing
beside a drunken, disheveled water
front prin iner. Secretary William
Corbin of the Continental l!uilding &
Loan association, the dissolution of
which is now sought in the courts,
answered the questions of the Herb
calmly when hooked at the citv prison
on charges of having falsified the
accounts of the association. Corl'in
drove to the hall of justice in his
automobile when he was informed
the warrant was issued. He was re
leased on $500 cash bail.
If ffct J
ALBANY YOUNG MEN PURCHASE
BUSINESS IN POLK COUNTY
Claude Ellison and Merrill Smith
Left Today for Dallas to
Assume Charge.
Caule Ellison ami Merrill V. Smith
of this city have purchased the busi
ness of the Johnson Electric Com
pany of Dallas, and left this after
noon for that city to assume charge
of their new establishment.
Ilotl Ellison ami Smith arc among
Albany's best young men ami thor
oughly understand the electrical bus
iness, having had several years of
practical experience in that line in
this city where they were employed
by the Ralston Electric Supply com
pany. They will carry an up-to-date line
of electric light fixtures, including of
fice, store and residence lamps,
chandeliers, cooking apparatus, etc.,
and will contract for electric wiring
in which line both young men are
especially experienced. They will
transact business under the firm
name of the Dallas Electric Supply
Co.
Mr. Ellison is a son of Mr. and
Mrs. J. W. Ellison and Mr. Smith
is a son of Linn county's efficient
sheriff, D. S. Smith. Both young
men have unusual business ability,
an d the residents of Dallas will
make no mistake in patronizing
them whenever they have any elec
trical work to be done. They have
the best wishes of their many friends
here for success.
ALBANY MUSICIANS GIVE
CONCERT AT NEWPORT
Mrs. Adna Smith Flo and Miss
Wilma Waggener of this City
Are Well Received.
The following is from the Newport
Signal:
The concert Tuesday evening at the
Presbyterian church given by Mrs.
Adna Smith Flo, soprano and director
of the Albany College Conservatory,
and Miss Wilma YVaggencr, pianist
and head of the piano department
of the Conservotory, was one of the
rare treats of the season. An appre
ciative audience composed of the mus
ic lovers of Newport and Summer vis
itors, greeted these two professional
musicians. Each soloist appeared to
advantage.
Miss Wagcner has just returned
from Berlin, having spent the past
year in study with Alberto Jonas and
carries with her one of Ins most flat
tering recommendations. She was at
very best and played the difficult piano
numbers with case and finish. Per
haps her strongest number was the
beautiful C. sharp minor Scherzo of
Chopin, which gave her a chance to
display her technique and beautiful
tone color to advantage. Her closing
number was the brilliant Caprice Es
pagnol of Mloszkowski which receiv
ed an enthusiastic encore.
Mrs. Flo is a pupil of William
Shakespeare, and at the close of her
recent study with him received a let
ter, in which he stated that she was
one of his best pupils. Mrs. Flo lias
one of those rare contralto-soprano
voices and her even development car
ries the rich quality from her deepest
tones to her highest. 1 1 or sweet and
gracious appearance coupled with a
fresh voice and wonderfully artistic
tempera men t makes her one of the
most accomplished singers ever heard
in Newport. Her best number was
"Vilianelle" by Del Actpia. Albany
College is to be congratulated upon
its conservotory faculty.
0 J. COOPER LEFTTODAY FOR
A VISIT TO HIS 0L0 HOE
After residing in Oregon for forty
years, D. M. Cooper, a wealthy farm
er residing four miles east of this
city, left this afternoon for i.'i two
nioiMhs' trip in the middle stages, in
cluding a visit to his old home in In
diana, lie also expects If) visit rela
tives in Chicago, Cincinnati, St.
I.ouis, Xew Orleans, and other east
ern and middle western cities, re
turning home via Texas and Califor
nia. Mr. Cooper is one of the most
prominent farmers in I. inn county
and is the owner of a finer farm near
Millcrsburg from which he secures a
comfortable income each year. He
was accompanied on his eastern trip
by his daughters, the Misses Mary
ami Florence Cooper. They will re
turn to Albany the latter part of Oc
tober. J. D. McDaniel, a local cement con
tractor, left this morning for Corval
lis where he will spend the day look
ing after business matters, lie will
return home this evening.
Mrs. Ileckman of this city, mother
of W. I' Heckman, the local mer
chant, left this morning for an ex
tended visit with relatives in Indiana.
She will also visit with her son Ches
ter in Michigan. She was accompan
ied to Oakland, California, by Mrs.
Stoppcnhagcn of that city who has
been visiting in Albany for several
weeks at the home of Mr. and Mrs.
Mcckman
Frank McKnight of Vale, who has
been spnediug the past week in Al
bany visiting at the home of his
brother, Assessor I). It, McKnight,
left this morning for his home in the
southeastern portion of the state.
Mr. McKnight is a well known poli
tician and stockman of that section.
Miss Ruth Thompson of this city
left this morning for Scio where she
will visit friends.
ffilEeS STARS
GOMING SUNDAY
If Weather Permits Fast Port
land Team Will Cross Bats
With Athletics.
N0RTHWESTEN LEAGUE
TW1RLER KNOWN HERE
Has Gathered Together a Fast
Bunch and Game Promises
To Be Interesting.
If the weather permits there will
be a ball game at the local park to
morrow afternoon between Maxiney
er's Stars of Portland and the Al
bany Athletics. Maxmeycr has been
pitching for different teams in the
Northwest League this season and is
well known in baseball circles.
Claud Swann, who has been play
ing ball in Portland, says Maxmeycr
has gathered together a fast bunch
of players and is confident that he
can shut out the local team. It is
understood several of the K. C.
players will be with the Stars to
morrow and that the line-up furnish
ed by Maxnicyer several days ago
has been changed in several instanc
es. The Albany team will consist of
the same men as last Sunday with the
possible exception of 1. Dooley,
who is away and may not return in
time for the game, in which event
Monson will be put in at first and L.
lligbee at center. Hill Patterson will
probably oppose the over-confident
Maxmeycr in the box.
The lineup follows:
Albany Stars
Mickel If Lino
Swann rf Lake
L. bigbec 3b Yctt
Lee ss Morgan
W. Patterson
Salisbury p Maxnicyer
D. Patterson c Glcason
G. Dooley 2b Sigsby
E. Doolcy-Mon-
son lb nianchard
L. liigbcc cf Stranahan
BEN SELLING ATTENDS
THE LINN COUNTY FAIR
Ben Selling, Republican nominee
for the United States Senate, passed
through Albany yesterday enroute for
Scio where he attended the Linn
county fair and conferred with a num
ber of prominent Republican leaders
in regard to his candidacy.
Mr. Selling has just returned from
Klamath Falls and other Southern
Oregon points and expressed him
self as highly pleased with his pros
pects of winning at the November
election.
COURT-HOUSE NEWS
Warranty Deed.
K. A. MeFerron anil husband to
Ada K. Robinson. July 3, 1912.
Lands in block 14 in I laeklernau's
addition to Albany. $750.
F. II. Ilughsoii, a prominent North
Albany gardener, left this morning
fnr Salem where he will look after
business matters today and make ar
rangements to attend the state fair
next week.
Miss Mary llouser of this cily left
this morning for Corvallis where she
will spend a few days visiting friends
and relatives.
Hugh (), Fisher, cily engineer, left
this morning for Coocli where he will
spend the day looking alter business
matters and do some surveying.
I saac M ilh-r, a resident of I .yons,
was in Albany yesterday looking af
ter business mailers. lie relumed
home (his morning.
F. K. Olin, a well known resident
of Mill Cily, relurned home this
morning after looking after business
mailers here yesterday aflernoou.
Dean Ihllev of Orovillc, California,
arrived in Albany yesterday after
noon ami will spend a few days vis
iting in this city.
Krnest 1). Sexton of Los Angeles
arrived in the cily yesterday after
noon and expects to remain here for
several days white visiting friends
and relatives in Linn County.
A. W. Morgan, a resident of To
ledo, was transacting business in Al
bany yesterday aflernoou, returning
home this morning.
Fdmuud C. Parker went to New
port this morning where he will
spend a few days at the beach. Kd
is fuarlerm:tster sergeant of the local
militia company ami attended the rc
cmt maneuvers at Fort Stevens.
Mrs. V. W. Francis left this morn
ing for Jefferson where she will spend
a few days visiting at the home of her
daughter, Mrs. S. IL (Joins who re
sides near that city.
Mrs. James i lollingsworth of Peak,
who has been spending the past few
days in this city visiting at the home
of Mr. and Mrs. N. U Conn, left this
morning for his home in the Coast
Kange mountains.
Clifford Harold, a prominent ma
chinery salesman of Portland, who
has spent the week in Linn county
looking after business matters, left
this morning for the metropolis
where he will spend Sunday at his
home on the east side.