THE HOOD RIVER NEWS
,v '
Adx)cr1tsers
Gel Hesultj
Highest Grade
Job Trinting
VOLUME 7, NUMBi o
HOOD RIVER, OREGON, WEDNESDAY, DECEMBER 27, 1911
SUBSCRIPTION, $1.50 A YE.R
LONG, BITTER WATER FIGHT ENDED
Sutton Case Is Aired
In Fight For Children
Junketers Are Royally
Received! at Parkdale
Proposition Made By Pacific Power and
Light Company toTake Amount Awarded
By Verdict With Costs Added Accepted
By City Council With Revenue From
Plant Subtracted City Will Get System
For About $33,500 Only Negotiations
That Remain to Conclude Deal Is Raising
the Money
Taken Toward Doing This
Ily the unanimous adoption of the
report ( the lire find water commit
tee by the common council Thursday
evening on the proportion of the
Pacific Power & Light Company,
Hood River s long water fight was
practically Rett lei and nothing re
mains now hut to obtain money for
the plant.
Ily the terms of the agreement
made bv the 1'acltlc company, the
provisions of which were warmly
commended by the committee, the
city will get the plant for $!.'l,704 SO,
iiIiih the fee of Stearns & Derby of
$11MK), for trying the unit, making a
total of $:ir,7M M. Subtracting the
amount of revenue which the city
will receive from the plant to Janu
ary Int. and which It In allowed to
retain by thj Pacific company, the
city will get the water system for a
Hut price of $:.7t'4.s.
The ttettlement of the matter wan
considered at n, special meeting of
the council held for that purpose and
after hearing all the correspondence
and the report of the committee the
couucllmt-n punned It without u dis
senting voice, Councilman Rroslus
made a lengthy talk In which he
complimented the lire and water
committee for Hit etllclent work In
bringing the matter to a successful
Issue and also the company for ltn
allllnde In bringing It to a clone,
lie nald that It gave new life to the
progress of the town, liiHiired a more
ample water Hiipply In the near fu
ture, and closed a matter that wan
of the greatest Importance to the
entire community. In addition Coun
cilman liroslus . stated that he be
lieved that the businessmen and citi
zens should get behind a movement
to ralMe the necessary money to pay
for the plant at once, not waiting
until the day net for the Hale of the
bond. To thin etui he moved that
the fire and water committee which
had handled the matter no suecess
fully be authorized to provide the
funds In any way they miw fit and
bring nil negotiations to a clone. The
motion wan promptly sconded and
unantmoiiHly carried.
The correspondence nnd report of
the committee was read by Chair
man ('has. T. Karly, who has taken
a deep Interest In closing the deal,
and the council, believing that all
facts should be made public, supplied
the News with a copy of nil the pa
pers relating to It.
The proposition as made by the
Pacific Power & Light Company Is
ns follows:
Portland, Ore., Iec. 15, 1!11
Mr. ('has. T. Karly, Chairman,
Light nnd Water Committee of the
Common Council, Mood River, Ore.
Dear Sir: In our Interview at this
otlice on the 7th Inst., you advised us
that the nppenls now pending In the
water works condemnation case are
making It dlllicult for the city to ob
tain the necessary funds for enlarg
ing nnd Improving the water system,
and that It will be greatly to the
city's ad vantage to have these ap
peals dismissed. Roth of these ap
peals were taken In good faith to
protect the Investment In the water
property, but we do not wish to
delay or hinder the city In Its ar
rangements for nn Improved water
supply nnd have therefore decided to
accept the proposition for dismissing
these appeals suggested by you, and
have persuaded the trustee and Its
attorneys to agree to like action.
Our understanding of the proposi
tion Is that the city w 111 cause to le
deposited In court within thirty days
a sum In cash sutlictciit to pay the
Jury's verdict of fl'J.lll, with H per
cent Interest thereon from September
l.-, l!)ll, to the date of such deposit,
also the two warrants for $17)1.70
to Pay Cost of
drawn upon the special water fund
In payment of the Pacific Power &
Light Company's bill of costs, and
an additional sum sufficient to pay
the costs to date of the trustee's ap
peal. If the above sums are de
posited In court subject to our order
or the Joint order of ourselves and
the trustee, we will stipulate, and
the trustee's attorneys will stipulate,
for the dismissal of the appeals
now pending. We have requested
Mr. Cotton, on behalf of the trustee,
to write you stating the amount of
the trustee's costs to date and con
firming this agreement on lichalf of
the trustee.
We nre consenting to the dismissal
of these appeals In order to assl
the people of Hood Kier to proceed
at once with the making of such lin
provements and developments of
the city water system as they
may desire and because we liclleve
such action on our part will be of
material U'ticflt to the city. As
stated In our Interview of last Thurs
day, we shall endeavor, through our
financial friends and acquaintances
la Portland anil elsewhere, to assist
the city In the sale of Its bonds to
cover the cost of this water plant
and feel confident of Isdng able to
secure one or more bidders for such
bonds when advertised by the elty.
We nre very much Interested In the
upbuilding and growth of your com
munity and we have spent In the
past, and are now preparing to
spend, a great deal of money toward
publicity and exploitation ami we
feel that we must work together In
order to bring about permanent and
lasting results.
We realize that the Interests of this
company In your community can be
satisfactorily promoted only by
working In harmony with the people
of the city, nd we regret very much
the present apparent misunderstand
ing by h uumbcr of the people In
your community of the motives and
attitude of this company toward
them. The recent readjustment of
electric rates made by us In Hood
A.
r ft. -,
I - v .- i ... ) I?-' . v c - .-i. -: v .-,f v
Plant Action
at Once.
Klver was absolutely necessnry to
do away with existing unfair and
improper discrimination among your
people, and was made for no other
purpose. The net result of this re
adjustment was to cheapen the ser
(Continued on Page 2)
COUGAR KILLS GOATS
NEAR PINE GROVE
Considerable excitement has been
caused In the Pine (irove district
during the past week by the depre
datlons of a cougar which has been
killing goats on the Capt. Jackson
place. Altogether the animal has
killed of the goats nnd although
a number of hunters have endeav
ored to locate It their efforts have
so fur failed.
Jake Leutz of Mount Hood ho Is
known as one of the wiliest cougar
and lcar hunters la the valley, has
tracked the animal long distances
several times. He says that Its
tracks measure six Inches across and
Indicate that It Is of unusual size. In
one or two Instances It has been
found that the goats have been
dragged away without being eaten,
and have been covered up.
The goats were being used to ent
up the underbrush on land that had
been partly cleared.
FRIGHTENED HORSES RUN
AWAY IN CROWDED STREET
Itccomliig frightened while the
owner was at work on the pole to
which they were hitched, the team of
C. L. Trout ran away here Saturday
morning and created great excite
tnent as they threaded In wild
plunges among the vehicles of ranch
ers, who were In town for the Christ
inas shopping. A dozen disastrous
collisions were narrowly averted.
The wagon was demolished when
the team ran Into a pole carrying
elect'le wires, on a corner.
i"
t '-
Mount Hood, as Seen From Railroad Torminal at Parkdalo, W'l.cre Local Pusincss Mom
Were Royally Entertained Last Week.
Attorney For Local Architect Weeps As He Recites
Dramatic Story of How Father Sacrificed Business
Interests in Order to
Children Half Around
"With tears coursing down his
cheeks," says the Oregonlan, "Attor
ney Frederick V. Ilolmau, of Port
laud, Friday told how Albert Sutton
sacrificed his business Interests In San
Francisco and moved to Oregon that
he might separate Ills twin daugh
ters from their mother, his divorced
wife. It was the most dramatic ar
gument ever heard hi the seventh Ju
dicial district circuit court anil was
the closing argument before Judge
Itrndshuw In the hals-as corpus pro
ceedings brought by Kthel M. Mont
gomery against Sutton In. the hope
of gettng cure of their children.
"When Sutton wns granted di
vorce from his wife, (die who Is Mrs.
Montgomery now, by the California
court In I'.hj'j, he was given entire
custody of the two daughters. In
August, 1911, the dicree was amended
ho thot the divorcee wns to have the
care of the children for four months
of the year. Sutton did not uct In
accordance with the mandate of the
court nnd so Mrs. Montgomery re
sorted to habeas corpus proceedings.
"Sutton's nttorneys, Mr. Holman,
S. W. Stark of Hood Klver, and W.
H. Wilson of this city, contended the
divorced woman Is not fit to have
the care of the daughters. The
plaintiff was represented by K. V.
Llttlefield and James (J. Wilson of
ortland. Arguments, which took
up the entire day, were heard In the
circuit court at The Dalles before
Judge Rnidshaw, who reserved de
cision."
The facts of the case nrens follows:
In April, litost. the court of California
granted Mr. Sutton a divorce from
Mrs. Sutton, and the care nnd cus
tody of his two ndnor (laughters.
In Jauuary, l'.tlO, Mr. Sutton, with
Ids daughters, moved to Hood
Klver, where he Is now residing.
Since the removal of Mr. Sutton to
the state of Oregon, his divorced
wife married Montgomery and In
August, lull, secured a modification
of the decree of divorce In California.
permitting her to have the custody
)f the minors for a period of five
months during each year. Last No
vember she came to Oregon and In
stituted habeas corpus procedings to
secure the mluors.
In answer to a petition for a writ
of habeas corpus, among other
things Mr. Sutton alleges that Mrs.
Montgomery Is not entitled to the
care and custody of the children for
the reason that while living In San
Francisco she repeatedly had lm-
proper relations with one Walter F..
White, a chauffeur, and that she Is a
dissolute person; that at one time
she took the children clandestinely
from their home In San Francisco
and fled with them to Vancouver, R.
thence to the city of New York,
thence to Kngland. thence to France
and thence to I'.elgtum. Mr. Sutton
- 1
Pursue Divorced Wife and
the Globe.
followed her to ISelglnm, secured
the children ami brought them back
to San Francisco.
The answer to the complaint
states that Mrs. Sutton then re
malned somewhere In European
countries for many months. After
wards, In company with Walter
White, the chauffeur, she returned to
San Francisco, and later became In
fatuated with Montgomery, with
whom she lived In adultery at St.
Clair apartments, San Francisco, and
who Is now her hushaud. That her
manner of living and associates and
companions are such that It would
!e prejudicial to the Interests of the
children to be In her care or custody
or under the Influence of her assort
ates, and Mr. Sutton requests that
Mrs. Montgomery be not allowed to
have the custody of the children or
In any way to communicate with
them.
Mr. Sutton contends that the court
of California was without Jurisdic
tion to modify or change the decree
to give to Mrs. Montgomery the cus
tody of the children a portion of each
year, because it was done after Mr,
Sutton and the children had moved
to Oregon, and that the courts of
Oregon have the right and must de
termine anew who Is the proper per
son to have the care and custody of
tuechtldrcn: and. further, because the
children have a good and comforta
ble home and desire to remain with
their father, they should not be
taken from lilm and sent back to live
with their mother and Montgomery.
Mrs. Montgomery's nttorneys con
tend that the court of California had
the right to modify and change the
decree and that Mrs. Montgomery,
under the decree. Is entitled to the
custody of the children for five
months each year.
Mr. Sutton Is one of Hood River's
most highly respected citizens and
with Ills children, lias lived here for
the past two years.
The outcome of the easels looked
upon with great Interest by the citi
zens of Hood River, who trust that
the children will not be taken away
from their father.
CITY SCHOOL CENSUS
SHOWS MARKED INCREASE
F. A. lilshop. clerk of the city
school board, announces that the
census of the Hood River school
children, which has just been com
pleted, tdiows an Increase of 47 over
that of last year. The district's
children last year between the ages
of 4 and -0 numbered v", while this
year they number Vl.
These figures do not Include pupils
attending the city high school whose
residence is outside t lie district, nor
those students who have passed the
age of '.'I.
J-.V i
1 ; ,i
Feeling of Friendliness Between People of Upper and
Lower Valleys Is Strengthened at Get-Together
Meeting, a Feature of Which Was an Able Ad
dress By Judge Stephen A. Lowell.
Augmented by the presecne of fifty
of the city's representative business
men, the lecture and get-together
meeting at Park dale Wednesday
evening, under the auspices of the
Fpper Valley Progressive Associa
tion, was a big success. In fact It
was more than this, because It fos
tered nnd cemented a Li-llng of
friendliness between the people of the
two sections of the valley that could
not have lK-en accomplished In any
other way. For the first time many
of the city people realized what an
Intelligent, progressive class of citi
zens there really are In the Fpper
Valley, while the latter were made
aware of the good will and coopera
tion which the people of Hood River
are ready to extend toward the cltl
zens of the upper country.
Nothing occurred to mar the event.
The special train on the Mt. Hood
Railroad, which carried the large
party from Hood Klver to Parkdale
and return, made the trip both ways
In about an hour. In fact the good
time made, and the smoothness and
comfort with which the party were
transported, compared with the ar
duous trip over the country blgh
wuys which had to be resorted to a
year or two ago, caused many to
comment on the blessings a rail
road means to the valley.
leaving Hood Klver at 6:"0, the
truln arrived at Parkdale a little
before S o'clock. A goodly delega
tion of Fpper Valley people met the
visitors nt the station and warmly
welcomed them. Arriving nt the
hall, which wns tastefully decorated
with evergreens nnd American flags,
Hydro Company Charged
With Contempt of Court
Rival Corporation Alleges That Injunction Has Been
Disregarded in Construction of Competitive Sys
temJudge Bean Sends Evperts Here to Investi
gateHydro Company Finishes Line.
Contempt proceedings brought
against the Hydro Klectrlc Company
(tie last of the week by the Pacific
Light & Power Company brought to
an Issue the controversy between the
two companies, which are lighting
to gain control of the local field.
On Thursday a deputy Fnlted
States marshal from Portland served
papers ou President N. F. F.vans of
the Hydro company nnd Foreman
Charles tilll of the construction gang. !
lloth men were summoned to ap-!
pear before Judge Kean of the Fnlted
States District Court at Portland on
Saturday to show cause why they)
should not be punished for contempt '
f court. This charge was made
against them on the ground that
they had dlsotieyed the Injunction j
forbidding them to string their wires I
in su. h a manner as to Interfere with
those of the Pacific company.
( A number of witnesses wire ex
amined by Judge Heati After hear
ing the testimony he declared that
It was so conflicting that he was
unable to render a decision. He
therefore directed that a board of
electrical experts be agreed upon by
the two companies and that the ex
perts make an examination of the
question In controversy and report
to hlni next Tuesday, when he will
decide the contempt proceedings on
their testimony.
In the meantime the Hydro com
pany Is rushing construction on Its
lines and plant In an effort to serve
customers on the dates specified In
the contracts. Their generator has
been received and was hauled out to
the power house this week Dr. W att
said yesterday :
"Our plant and distributing sv
tetn are pract icallj complete Poles
have tieeti erected and wires strung
Into the city as far as Fifth and state
street and we an-In readiness to In.
stall the dlst rlbu tin g sy stem t ti rough
out the business and resident sections
of the city. The business plac-'s with,
which we have contracts will be
wired within a few days aa I. If the
Injunction Is dissolved, e will be
ready to turn on the juice wlthhi the
time stipulated In the contracts It
111 of coarse t ike a longer time to
extend the lines Into the residence
sections, e are renewing some ofj
a large gathering extended the hand
of fellowship and good cheer, and
each of the visitors was presented
with a complimentary ticket to the
lecture and a handsome souvenir
program.
Of course the event of the evening
was the lecture given by Judge
Stephen A. Lowell. Judge Lowell
always talks well, even In private
conversation, but on the platform he
Is the Simon-pure, silver-tongued or
ator, and proved his title to this
distinction by talking an hour and
forty-five minutes without having
anybody turn a hair. Ills subject
was "The Law and Lawyers, Then
and Now," and It can be put right
down here that If anybody doubts
that the Judge doesn't know some
thing on this subject, he or she has
another think coming.
Introduced In a few words by John
Ooldshury, High Tyee of the Pro
gressive Association, Judge Lowell
started In by going away back to
the time of Mows and the writing of
the ten commandments, and covered
the subject down to the latest legal
twist In the McNamara dynamiting
case. He covered the periods of the
Justinian Code, the Code Napoleon,
the dawn of the old English common
law and the rise and growth of the
application of jurisprudence In the
Fnlted States from the battle of
Hunker Hill ta the present time.
It Is doubtful If a Hood Klver audi
ence ever listened to a more learned
talk, one more Interesting or one
more eloquent, on an educational
topic, than that of Judge Lowell to
(Continued on Page 2)
the contracts ns a precaution In case
we are longer restrained from turn
ing on the Juice."
There were present at the hearing
before Judge I Jean In Portland, A. S
Hall, manager of the Pacific Power
& Light Co.; Alva Day, also of the
latter company: tieo. R. Wilbur,
their local attorney: N. C. Kvans,
president of the Hydro Company;
City Attorney A. J. Derby, who Is
also the attorney for the Hydro Co.;
with his partner Jesse Stearns; ( has.
tilll and several other local people.
COUNTY MAY LEVY
TAX TO KILL PESTS
I It Is ii w stated that the Hood
Klver county court at the tirst m-et-
Ing of next year will probably make
ti tax levy for the purpose of carry
ing on experiments to develop or
chard culture and t prevent disease
and pests. The members of the
Hood KlUT Fellowship Association
have been circulating a petition ask
ing for such a measure. While the
work of the organic itl ui under the
direction of Professor . II. Law
rence has been successful. It Is
thought that t make it county
task w 111 do much toward simplify
ing t lie raising of f'.iuds and the work
In general.
Professor Lawrence, the ipert
w ho has had ch i.-ge of t tie work for
tile past year. I- at work on a -tern
to make temperature i-sts of
the valley this w later He will place
tested thermometers In at le.i-t Phi
orchards 1ti dlilerei.t parts of tin
valley.
show a I ine Steer
P. i '. Young has , ,:i e Ml, It I on o , r
the holda.xs .at his market a haul
some, big dres,-, 1 steer which ! al
tr acting tau- M attention If wt.-ln
:hn p.iiinds i'ressed and cam" from
t l,e I 'lib ui .b-at i uapa n.v a t
land.
I t Mow ship Aisoi i.itiiin
lllecM'lg of til" 1- -iloW -lltp
1 rt
s
1 1
elation will be held Mt Van
I II
I rlday at ' p in to discuss t In
ll 'I
ie, t of on hard
l;eu hi,;, winter tri
jury . dead spi .
t In fi ult an I iss rrota
frost.