A Judicial Joss. ' Even the bolts and bars of i prison cannot shut in a principle. It is 'not the jailed newspaper men that the country is condemning at Boise. It is the Idaho supreme court that is under almost univer sal censure. . The whole United States Jiai taken note of the court's action and scarcely a voice is liftcd'in defense of the judges. .Every where it is being said that the jailing of the men without a trial by jury and without fight of ap peal closely concents- the whole question of human freedom, and that it presents an issue that must be speedily solved, . . .'' The weapon used by the court is a hand-me-down. When the government was, organized, the contempt prerogative passed into vogue in American courts ffom use in the courts of the colonies. Its authority is the English com mon law dating back through cen turies and made tip mostly of ju dicial decisions. ' That the court had the power to try its own case against the newspaper men, that it bad the right to try them, without, a jury and deny them the right of appeal is not denied. Exactly such 3 power should be expected in a jurisprudence derived from such a source, a source in which kings claiming divine right often made the law and acted as super su preme courts. .It is such-a judi cial system,"modified only by the New York revision of 1848, and made worse in many ways : by more judge-made precedents un der which our litigation is con ducted. It is under such a system that our criminals are tried.. It is such a system on which our courts arc founded. It is such a system that many of our lawyers worship with the idolatry with which a heathen worships a joss. It is such a system that the majority report of the Oregon judiciary commission says needs but little change. The power that was exercised in Idaho can be exercised in Ore gon. One reason why it has not been exercised in Oregon iri re cent years is that Oregon has saner judges. Another is that the sequel in one case in which it was employed in Oregon stands as a popular protest and a powerful warning. - , The insistence on clinging to these old legal josses is Bourbon ism. It is a lawyer's standpatism It is refusal to move forward ir step with progress. The two Idaho judges in their action were the last word in ju dicial reaction. They are militant reactionaries, and like all rcacv tionaries, political and otherwise they become, blinder the nearer tney get to doom. Portland Jour nal. The ToU of the Sea. Thirty dead were added Tues day to the toll of the sea. Though but a breath beside the appalling tragedy on the Atlantic last April the roll of the lost claimed, by an angry ocean on the Rosecrans at Peacock Spit is a frightful exac lion in human life. The list of missing on the. Pa cific coast during the last sixty years mounts to a melancholy to tal. Sixteen shipwrecks in the period have yielded an aggregate of 1400 lost lives. October 1, 1854, the steamer Yankee Blade was wrecked on Point Arguello with a loss of 180. January 5, 1860, the steamer Northerner was wrecked off Cape Mendocino and 38 lives lost. Jily 27, 1862, the steamer Gold en Gate was burned off Manzan illo and 198 persons perished. July 10, 1865;- the Brother Jona than went down near Crescent City with a loss of 148. February 13, 1869, the steamer Herman was wrecked in Japanese waters and 120 were lost. August 22, 1888, the City of Chester collided with the Pacific Mail steamer Oceanic off Fort Point, and 16 lives were lost. February 21, 189S, the steamer Colima was lost m a hurricane 36 miles south of Manzanillo and 198 persons went down with the ship. December 8, 1895, the steamers Keweenaw and Montserrat col lided off Cape Flattery and 67 perished. February 22, 1901, the-stcAmcr Rio de Janeiro sank near Mile -Rock in San Francisco bay and 128 were lost. January 7,- 1904, the steamer Clallam was lost in the straits of Fuca with a death roll of 54. . - January 23', 1900, the steamer Valencia-was wrecked off Van couver Island with a loss of 120. November 18, 1906, the steam ers Dix and Jcannie. collided-in Seattle harbor with a death roll vl 48. , - ' , .. July 23, 1907, the steamer Co lumbia and -schooner San Pedro collided off Shelter Cove, Men docino, and 86 perished. September 20, 19U9, the bark Star of Bengal was wrecked on Coronation Island, Alaska, with a Joss of 111. v" ' August 27, 1909, the steamer Ohio sank in Swanson bay, Alas ka, with a loss of four. January 71913, the oil steamer Rosecrans was blown ashore by a 'hurricane on Peacock Spit and 30 persons perished. 1 he Columbia river has hgurcd but little in the great marine dis asters of the Pacific. Portland ournal. f -LEBANON ITEMS. ... I S The Lebanon National bank is thinking seriously of creeling a new bank home on the corner now occuy ltcd by Doolittlc Bros, harness shop. Dr. Laird last week received a pair of registered Belgian no Pptridgc Cochin chickens. They are said to be very choice birds. The cock weighs 2lA pounds and the hen 10 rfounds. They have as. long, featheis on their teet as on their tans. y j cowppy poet entertained me pas sengers on mc smutting cur ui miu Lebanon express . train last Friday evening, by reciting a' number of orig inal poems. It is unnecessary to state that he had been imbibing some of the wet goods Albany's blind pigs arc said to deal in. Farmers and eramrcrs are asking Lebanon "business men to erect hitch ing posts for the convenience of peo ple who drive to this city to sell pro duce and buy gods. Thc matter should be looked alter immediately. - Lebanon is to be visited by a true blue pugilist. True, he is one "of the "has beens" but, all the same, he is of almost .worldwide reputation and, as such, will attract general attention. The party is Ad Wolgast, who is now making a tour of the state, and Leba non is one of the points he says he will visit. He - should send an advance agent ahead so that the public may know when to expect him. Dr. Laird and fl. b. Ulscn went to Albanv. Tuesday, on mining business. Hon. M. A. Miller went to Portland Tucsdav. to attend the democratic Tackson banuuet. N.M. Newport was doing business in Albany last Tuesday. . Sheriff D. H, Bodtnc wa s&Lebano'n visitor last Friday night. - Dr. J. L. Hill of Albany was look ing after business matters in this city last Friday afternoon and night. Lee Bilycu has sold 40 acres of his larm, south ot town, to J. At. Kanv sey; consideration, $75 per-acre. R. G. Miller, of up the South San tiam and a breeder of registehcr Dc laine sheep, returned last Friday from an Albanv visit. ' Mr. and Mrs. Levi Ncuscliwandcr of near lallinan, returned from a visit to' Mrs. NcuschwandeVs parents in Montana last week. DNINKS TO DEATH, ' BUT WINS HIS BET 47 "Tom and Jerries," Pint of Whiskey, 6 Bottles of Beer; Then the End. Pittsburg, Jan. 9. As a result of overestimating his capacity for assim ilating intoxicants, George Harris, a miner, died suddenly last night. Harris walked into a saloon and of fered to bet $19 he could drink as much as any tout men in the place. Bert Stanlick took the bet. The loser was to pay for the drinks. Harris drank forty-seven "Tom and Jerries," a pint of whiskey and six bottles of beer. The four men who had been selected to drink against ,1 (arris had stopped drinking before Harris started bn the beer. When the latter finished the beer he collected the money from Stanlick and started for the door. He had taken only one step when he fell to the floor and was dead in a few minutes. MISFITS Contributed By F. P. Nutting. (S Come to May: the moving picture, automobile, flying machine. All great but each should be used for good, not evil. If we really profited by our mistakes there would be more dividends than there are. Everybody knows a little Latin, per diem, for instance. Turning over new leaves seems to be a prety tiresome job for some peo ple. Yellow, caused by the morphine of the cigarette, on one's finger, is always a poor letter of recommendation. It looks as If inventors had reached the limit; but wait. The"future will show things, just as startling as those of the pa;t, - One good thing about stories is that they have to end right or they won't sell well. ' ANNUAL MESSAGE Recommendations of the Chief Executive Read to Council Last Evening. FAVORS ESTABLISHMENT OF MUNICIPAL LIGHT PLANT Also Extension City Limits jPur- chaseofStreetFlusher;More Parks; and Water Project. Following is a portion of the an nual message of Mayor Gilbert which was read at the regular meeting of the city council last evening. Mayor Gil bert recommends: t Purchase bv the citvof an addition al team of horses or at least one horse and a dump cart to be use in the street cleaning department. The rec ommendation was mad? with a view to economy as a cait and horse can be operated by one man instead of threiwmcn as at present. Flusher lor Cleaning streets. Purchase by the city of a street flusher. Mayor Gilbert believes that this is the only modern and .sanitary way to keep the paved streets proper ly cleaned, as a sweeper is very in efficient during muddy weather. Rec ommends purchase of lusher at ear liest possible time. . extension ot city limits. Recommends extension of the city limits and says that it is a shame that so much of Albany's population is outside the present limits. Says that this cannot t)e said of any other city in the state and urges that steps be taken in the near tuture to extend tnc territory. States that additions to all parts of the city are becoming thickly populated and need sewerage. New sewers will reach nearly all outlying districts which should in the opinion of Mayor Gilbert be connected lo the first class system to be installed dur ing coming summer. Municipal Street Lighting System. Mayor Gilbert says that it is a de nlnrable fact that Albany is poorly lighted; that the arc lights now in use here are out of date and give very poor light for price paid; that it would hp had business nnlicv for citv to contract for any more o'f these liifhts from .the Oreiron Power com pany; that as far as he was able to learn from that company it would be impossible to . install cluster lights, cither in residence or business sec tions, at the present prices they would charge, and therefore, Mayor Gilbert urges the council to take im mediate steps to' ascertain the cost of a -municipal power plant, power to be of steam, and plant of sufficient size to furnish electricity for at' least 500 cluster lights. In speaking of the proposed mu nicipal power plant, Mayor Gilbert says: "I would recommend, for the prscent at least, that this plant be in stalled for the purpose of street light ing only. From information that I have on the subject, I am convinced that a plant for our purpose could be installed ready for use, at no great outlay of money, perhaps not to ex ceed $35,000." "My idea is to have the property owners install the posts and the city to furnish the current free o'f charge. I am informed that a first class 3-cluster post could be in stalled for $22.50 each or about $5.50 per lot for two posts on each block. l believe that this system would ex tend at once to nearly every street in the city." "Albany last year paid about $3400 for street lighting. This would go a long Way toward operat ing a muricipal plant and we would have the city lighted from end to end and with the wires all under ground." Urges More City Parks. The need of city parks was - im pressed lip on the minds of the mem bers of the city council by Mayor Gil bert who said: "I would again call at tention to the fact that we need public parks and as we have absolutely noth ing at all in the heart of the city in the way of a small park, I favor the, purchase of the Central school block, by the city. I understand that the school board think of purchasing a new site for the Central school any way, and as the city likely pays about ninety per cent of the school tax in the district, I think that we should buy this block and let the district purchase other grounds with the money we pay them." Favors Clear Lake Water Project. "The proposed project for securing a pure water supply for the cities of the Willamette Valley from Clear Lake, which is now being investigated by the state as to its practicability, whether practical or not, sounds good to me," sadi Mayor Gilbert in his message, "and may be the result of Albany getting a first class article from this source. We should lend the state every encourage ment." - Compliments Fire Department. ."I want to compliment the mem bers of the fire department for their efficient workduring the past year, fof they have done excellent work with what equipment they have, and we will soon have an equipment that every fireman, as well as every citi zen will be proud of. I would sug- frest that each fire company have a ull complement of members by the time the new apparatus arrives, and I recommend that the council give every assistance possible to our volun teer fire department." The local tel ephone companies have installed alarm systems so that alarms may be phoned to central from all residences. Congratulates Residents of Albany. In closing his message to the courf rtt Mayor Gilbert said: "I want to congratulate the citizens of Albany on their civic pride that is manifest on MESSAGE CONTAINS Y INTERESTING FACTS City's Indebtedness Is Given As $159,000. Total Expenses - for 1913 $27,195. . Following are some interesting facts and figures contained in the an-' nual message -of Mayor Gilbert: Receipts and expenses for. year 1912 Total warrants issued, $164, .799.43;' street, paving general fund, $24,752.47;; street paving fund, $107, 459.87; warrants issued exclusive of pavement, $32,589.56; bond redemp tion fund (invested), $4,686.20; li brary fund on hand, $2,135.78; total receipts for year 1912, exclusive of paving, $39411.54. Estimated expenses for 1913: City officers, $5,500; fire depart ment, $3,500; lighting, $3,500; attorney and court fees, $1,500; dogs and es trays, $75; elections, $200; fuel and of fice supplies, $300; meals and sup plies city jail, $3U0; printing and sta tionery, $300; office rent, $120; re bates, $50; water rent, $1,400; survey ing, $1,800; janitor, $50; auto fire truck, $5,500; team, $400; f4usher for crt $1,250:. Fifth street property for engine house, $1,450. Total esti- . . l.- t inn "7 lOS matea expenses .ui.iu, yi,.'. We found it necessary to levy a tax for the above city purposes of 7.4 mills. In addition to the above are the following items: Interest on sewer bonds, proposed, Oak street, Geary street and Baker ctriwt $2,500: interest . refunding bonds 1912 and 1913, $7,500; interest funding warrants, $3,250; interest $20, 000 bonds due 1915, $1,200. Tax levy necessary for the above, 4.2 mills. Sinking fund to take care of $20,000 bonds due in 1915, 1.4 mills. Net in debtedness of city, $159,000. "The year 912 was a prosperous one for Alhanv and much improvement has been made. We have paved more than 60 blocks the past year with hard surface oavement at a cost of $1.55 per sq. yard, which gives the city many beautiful streets and boulevards. The nrnnie of Albanv are to be con gratulated for their enterprise in this direction. "Because of slight objections to our charter by the bonding companies our sewer bonds were turned down last year, but those objections seem to have been overcome in our last elec tion. Charter amendments were pass ed and we hooe to sell these bonds at an early date and to' begin work on the proposed sewers as soon as weain er conditions will oermit. "In irrantiniF franchises it has been the aim of the council to safeeuard the interest of the people at every turn. The Oregon Electric railroad has paved their road from Main to Elm streets on Fifth, and a portion o'f Water street. In conjunction with the Southern Pacific Co. tney are bringing Water street to grade full width and this street will no doubt be paved the coming summer, making this "another first class thoroughfare and thereby enhancing the value of alt the property along this street. "The Oregon Electric railroad has built at Fifth and Lyon a fine- depot that is in keeping with the advance ment of the citv; also a commodious freight depot on Water street. THREE THOUSAND SOLDIERS LEAVE 0. 3. FOR HONOLULU San Francisco,- Jan. &. With the music of three bands floating across the waters of the bay, the army trans ports Logan and Sheridan steamed out into the stream yesterday morning and headed across the Pacific to Hon olulu, where the 3,0u0 soldiers aboard the two boats will be disembarked for station. The transport docks presented i real war time picture, such as was wit nessed many times during the stirring days o'f the Spanish-American war. Crowds of people-assembled to wish the soldiers goodby: i ne coast Ar tillery . Corp? band played stirring music on thcdock and on the mine planter General Gregory Barrett, which accompanied the troopships to the oolden Gate; - FOR SALE Complete b lac ksrai thing outfit and set of dies. R. Rogoway and Sons, 128-134 West Second Street JlO-Wkly tf NOTICE OF FINAL SETTLE- t . MENT. Notice is hereby (riven that the un dersigned executors of the last will and testament of Charlotte Wagner, deceased, have tiled in the Coun ty Court o'f Linn County, Oregon, their final account as such executors and that said court has fixed Monday, the 10th (fay of February, 1913. t ihe hour of one o'clock in the afternoon as the time for the hearing of objec tions to said final account and the set tlement thereof. WM. F. REINER, -FRANK F. REINER, HEWITT & SOX, Executors. Attorneys for Executors. J10-F7 every hand, in the beautifying of their homes and streets. I also congratu late the business men on their well kept places of business, and also the property owners who are improving their property with substantial struc tures on every hand." Thanks Ladies Development Club. "I also wish to thank the ladies of the Civic Improvement Club and all those who have taken an active in terest in the affairs of the city and that have ably assisted the city admin istration in many ways. I would also admonish all city officers to see that their respective offices are adminis tered in an economical and business manner, and that all of the laws and ordinances are strictly enforced. P. D. GILBERT, Mayor of Albany. METHODIST SUNDAY SCHOOL : HOLDS ITS ANNUAL MEETING Officers Are Elected to Serve for the Ensuring Year and Reports Are Submitted. The annual meeting of the Sunday- school board of the First Methodist church was held in the church parlors In evenintr with an exceptionally large and very enthusiastic crowd in attendance. The past year's work wn reviewed and all present expressed themselves as intending to do even better work during this year. 1 he following oincers were eiccieu for the ensuing year: Dr. C. V. Lit tler, superintendent; J. S. Van Winkle, first assistant superintendent; Roy Parker, second assistant superintend ent; Miss Beulah Hinkley, secretary; Clark Canficld, assistant Secretary; Miss Mary Smith, absentee secretary; G. T. Hockensmith, treasurer; Miss Edna cowlcs, librarian; Ralph Lamb, assistant librarian; A. M. Hammer, chorister; C. M. Kendall, assistant chorister; Miss Inez curl, pianist; Miss Hazel Hockensmith, assistant pianist; H. E. Hector, orchestra di rector; Mrs. John McChesney, super intendent of cradle roll department. The home superintendent will be nam ed later. The total amount of money raised by members for Sunday-school sup plies during -the past year was $473, and the total enrollment in all de partments is 595. STUDENTS FROM ALL POINTS OF COMPASS ATTEND COURSES British Columbia Woman Is at College Taking Domestic Science Course. Oregon Agricultural College, Cor- vallis, Or., Jan. 8. From New York to' Texas, British Columbia and Maine, the students for 'the annual winter short course at the Oregon Aorricultural Collece flocked in to register by the hundreds Monday, and they are still coming in, so that an attendance much in advance of that of any previous year is already as sured, i One mother from Nelson, B. C, who came for thet domestic science work, brought a son for the forestry classes, and will enter two sons in the regular forestry course at the opening of the second semester. Other Brit ish Columbians from Kamlpope, Kere- moos, Victoria and other points arc here for the finely organized work in fruit culture. One young man from Alberta comes for the Agronomy courses and information on dry farm ing, 'and a house-mother from Litch field is deep in dressmaking, milli nery and home nursing. A White Salmon. Wash., man is back for his fourth year, having tound new help and new inspiration each year for the solution o'f his farm problems. Another from Wah kicus. Wash., is studvintr blacksmith- ing. while two from Underwood are taking .the horticultural instruction. Laurel and North Yakima, Bellingham and North Bend and other Washing ton districts have sent representatives to the domestic science, general ag riculture, commerce and poultry work. Animal husbandry attracted a man from El Paso, Texas, and Portland, Me., Buhl, Ida.. Sauk Centre, Minn., Belmont, Mich., B fathead,' Mont, New York, N. Y., Phoenix, Ariz., and many other parts of the country, as well as practically every county of Oregon, are represented in the enrollment of students in various departments of study. MAN SIGNS PLEDGE AND WIFE DROPS HER SUIT FOR DIVORCE San Francisco, Jan. 8. Before Judfire Graham vesterdav William Cos- bie, 1 137 Florida street, signed the pledge to abstain from all intoxicating liquors tor tnree years, and his wite, Jane Cosbtc, rgreed to drop her di vorce suit, charging extreme cruelty, The couple have been married .eigh teen years and have four children, the oldest 16. Mrs. Cosbie charged that her husband trequently came home in toxicated and swore at hetfj She agreed, at the judge's suggestion, to drop the suit if her husband would stop drinking. . COURT HOUSE NOTES. 1 Warranty Deeds. Eliza A. Piatt to Emma Cain. Jan. 7, 1913. Lands in city of Scio, Linn county, uregon. $i,iuu.uu. W. F: G. Thatcher et ux to F. F. Williams. Jan. 8,' 1913. Lots in Mor ris tracts in Tp. 15, S. R. 4 west $10. Marriage Licenses. Lester Powell, aee 22. of Browns ville, and, Anna Secfcto age 17, of naiscy. B. C. Keeth, age 26, of Portland, and sn. ai. Koocrtson, age iy, ot Lebanon. Probate. In the matter of the estate of Sarah J. Saitmarsh, deceased, rinal account, set for heariniz M on da v. In the matter of the estate of Mary uononue, aeceasea. uono ot adminis tratrix, a o Droved. In the matter nf th tat at V TT Upmeyer, deceased. . Inventory and appraisement. s In the matter of the estate of Chas. Myklashek, deceased. Inventory and appraisement. - CLYDE LAUGHEAD Will Move with Family Soon to Montana to Reside on His Homestead NearLoma. HIS INTEREST WAS BOUGHT BYH.A. STEARNS OF ALBANY Store Will Be Remodeled by New Firm Who Will Carry an Up-to-Date Stock. H. A. Stearns, for the past year a clcak in the grocery 'Store of the Bcam-FJetcher company of this city, has purchased the interest of C. W. Laughead of the firm o'f Reagan & Laughead o'f this city and will herer ' after be associated with W. C. Reag an in the conducting of that establish ment. ' 1 Mr. Clyde Laughead, the retiring ' member of the form of Reagan & aughead, recently acquired a valuable homestead near Loma, Montana, and with over thirty other Albany peo ple who have actjuired similar pieces of property there, will move with his family to that state within the next month to begin his term of residence on the property, as required by the government. Mr.- Laughead, together with Mr. Reagan who came to Albany from -Medford, opened the grocery store which they have been conducting, about two years ago. This firm, -is among Albany's most progressive merchants and during the past two years have enjoyed a large trade, se cured by their fair and courteous treatment o'f the public. , Mr. Stearns, who will hereafter be associated with Mr. Reagan in the ( store, came to Albany over three years ago. For several months after his arrival here he conducted the Va riety store in the building formerly occupied by Charles Knecht and which.. is now a part of the big Hamilton department store. He mover later to First and Wash ington streets where he conducted his business for some time, finally selling out altogether: He has since been employed by - the Beam-Fletcher company. The firm of Stearns & Ragan will undoubtedly be accorded the same, liberal patronage that the old firm has enjoyed in the past and the mem bers of the new firm have the best wishes of their many Albany friends for continued prosperity. t The new firm plans to remodel the store throughout in order to secure more room and an up-to-date stock of grocreies will be carried. News on This Page is From Daily Issue of THURSDAY, JANUARY 9. ADMINISTRATOR'S NOTICE. . NOTICE is hereby given that the undersigned administratrix of the. es tate of I. F. Conn, deceased, has filed with the County Clerk of Linn Coun ty, Oregon, her final account. in the' matter of said estate, and the County Court has appointed, Monday, the 20th day of January, 19J3, at the hour of one o'colck in the afternoon of said day at the county court room in the court house in the City of Albany, Oregon, as the time and place for hearing objections to said f in a 1 ac count, if any there be and for the final settlement of said estate. Dated this 13th day of December, 1912. , , . t ELVIRA CONN. Administratrix. L. M. Curl, Atty. for Admrx. Dec. 20 Jan. 17. EXECUTOR'S NOTICE. Notice is hereby given that the un dersigned was by order of the County Court of Linn County, Oregon, on the 3rd day of January, 1913, duly ap pointed executor of the last will and testament of Anna Schlosser, deceas ed. All persons having claims against the estate of said deceased are hereby notified to present the same, with the proper vouchers, to the undersigned at his residence, m she City of Albany, Oregon, within six months from the date of this notice. Dated this 3rd day of January, 1913. , "ARRY SCHLOSSER, HEWITT & SOX, Executor. Attorneys for Executor. J10-F7 NOTICE OF FINAL SETTLE MENT. Notice is hereby given th-t the un dersigned administrator of the estate of W. A. Anderson, deceased, has filed in the County Court of Linn County, Oregon, his final account as such ad ministrator and that said court has fixed Monday, the 10th day of Febru ary, 1913, at the hour of one olock in the afternoon, as the time for the heanng of objections to said final- ac count and the settlement thereof. upu,tw . J- C. ANDERSON, HEWITT & SOX. Administrator. Attorneys for Administrator. J10F7