Daily capital journal. (Salem, Oregon) 1903-1919, 1916-03-01

tiff in the contested will case Of Dan
Tracy who died at Silverton February
rs, 1915, leaving a will dated January
l20, 1915. BY the will Evllyn Nutting
received $4,000, Hazel Nutting $4,000,
Mrs. Bessie Bennett $1,000 and Eyalyn
Nutting was named as the residuary
Ilegatee. The plaintiff claims that she
is the widow of a brother of Dan
Tracy and hence one of mis- heirs. The
answer of the legatees named in the
will sets forth that the will was regu-
lar in all respects.
The habeas corpus proceedings of A.
NJ. Long, convict at the state pen
will be argued in the supreme court ac
cording to Attorney Thomas Garland,
iwho appears for Long An order was
issued by Judge Galloway requiring
that Long be produced in court upon
tGarland's contention that he was not
lpermitted to have a private interview
with the prisoner Smallpox prevent
ed the bringing of Long into court prop
Eer but the question was argued with At
torney General Brown representing the
Estate officials at the pen. Judge Gal
loway ruled that when Long became a
prisoner at the state pen, he forfeited
ibis constitutional right rs citizen and
became subject to the more stringent
rules of the state pen. IT the rules of
the pen, he neld, prevented private
interview between a prisoner and an at
ltorney then the parties concerned must
abide by such rules as long as the man
remained a prisoner or until he was pa
rolled and his citizenship rights were re-
lstored by the governor by special par
don. Attorney Garland says he will
Ecarry the ease to the supreme court for
la final decision in the matter.
! D. A. Vogt today filed suit in the
icireuit court against V. ]. Krehbiel ask
ing that receiver be appointed for
the defendant s afafirs. VOgt states in
his complaint that he has a Judgment
against Krehbiel for $3.50 and that the
defendant owns 200 acre farm near
Pratum, also store building and a
Estoeh of goods in Pratum. However, he
fasserts that there are others to whom
Krehbiel is indebted and that the best
interests of all parties concerned could
be served by the appointment of re-
eeiver for settling up the accounts.
John A. Carson and Jas. G. Heltzel arc
attorneys for the plaintiff,
4 Contractors were notified today that
bids will be received by the county
court OF Marion county, for the i'm
tprovement of certain roads in district
No. 2, near Hubbard; No. 8, near Don
aid; No. 5, near st. Paul; No. Z, near
Gervais; No. 8la, near Woodburn; No.
10, near Mt. Angel; No. IL, near SCOTS
Mills; No. Il, near Silverton; No. 10,
near Silverton; No. l51a, nelr Silver
ton; No. %, near Sublimity; No. "a,
near Suhlimity; No. 271a, near Turn
or; No. 20, near Sidney; No. 32, near
Stayton; No. 35, near aGtes; No. 80,
near Salem; No. 40, near Mckee; No
So, near Silverton; No. 81, near Sill
Everton; No. 60, near Macleay; No. g.
near st. Louis; No. 66, near West Stay
ton; and No. 81, near st. Paul; by
draining, grading, and graveling or
macadamizing as is fully set forth by
the plans and specifications now on
file in the clerk s office. All bids must
/, be, accompanied by certified check
and must be filed on or before Friday
March II, 1916, at twelve o CLOCK noon
|, John Likusky, who was charged with
larceny of dog, was dismissed from
custody by Judge Webster after a hear
ing in justice court yesterday, ON the
grounds of insufficient evidence. TaC
complaint was preferred by L. A. Glea
son, farmer living about miles south
of Salem.
Mauige licenses were issued this af
ternoOn to Elmer Il. Staufter, a Hub
= bard farmer, and Anna Kilmer, also Of
Hubbard, Floyd Tharp, a farmer OF
Jefferson, and Lena Fay Ackley, Of
Jefferson, likewise secured glory
ticket.
e Mayer S Incorporated, today brought
suit in the circuit court against the firm
, of Daily and Kennedy to collect the
. sum of $lS0.55 which is alleged to bC
/ due and owing.
9 The will of Miranda T. Martin wa.
, admitted to probate and record today
by an order of Judge Bushey. The es
, tate consists or personal property to tax
value oef $1,000. Mrs. Lizzie Alber
was appointed exeturix.
4 The will of Jacob Kloetsch was ad
mitted to probate today by Judg,
Bushey. Tne estate consists of person
al property to the value Of 500 and rea
| property valued at $4,000. BY the term
of the win, Joseph Doerfler and f. J
/ Wirfs were named as executors. j
l Otter, Charles Sehuldenbein and JOS
Zuber were appointed as appraisers.
The report of the surveyors whicl
i Twas submitted to Judge Galloway in tn,
case of J. G. Lais and others agains
the city of Silvertou shows that the pc
titioners for paving owned $4,000 fee
more frontage ON the street in question
II thau fha pa,unuekro rhty - AbD Ga