EXPLAINS If ON
Four Handsome Dwellings Planned for Upper Drive oh Portland Heights
FOIIONS OF
APPLE INDUSTRY
VALUES SHOWN
RATf
MIS OF AGENTS
Attorney A. G. Thompson's
Last Week's Lecture Be
fore Y. M.-C. A. Class Deals
, With Important Points.
Rpsrl tiding. rpu.llntliiK nn.l rntifyiin
the nets f mi mt'iii ws ,1B ubjl't
of last weeks loruiri' hy Attorney A.
O. Thomi'snn lx fore I lie Y. M. C. A.
real oMnti- ciss.
Mr Thompson's Icrtup! wa In prt
tie follows:
"It Im not every art of tlir duly auth
ored RRont wtili h hinds the' principal.
The ugoiit may act outside the scope
tf hli authority, or may misrepresent
the facts to his principal, or act hs the
agent also of the other party, or deal
fraudulently with lil principal. In
either of these events, the nets of the
gent would not necessarily bind the
principal and while they would not i-
. . . . 11
ways be void as i ne pnunii .
would be at least voidable and the
principal could rescind, repudiate or re
voke them.
"If the agent Is given authority to
Hell for $5(1 per acre and he finds a
purchaser who Is willing to pay that
amount and enters into a written con
tract then goes to his principal and
represents that $40 per acre Is the best
price that can be obtained, thus secur
ing the principal's consent to sell for
$40 per acre, and appropriating to
his own use the difference, me ageni
would have defrauded tne principal,
whereupon the principal would have the
right to rescind the contract of Bale
unless the positions of the parties had
been materially changed.
May Be Repudiated.
"Or if A., the agent, represented to
p., the principal, that the best price
at which certain land could be bought
was' $50 per acre and Induce B. to enter
'into a contract to purchase at that
r price when In fact A. was buying for
140 per acre, Intending to appropriate
to his own use the difference, B. could
rescind the contract on tha ground of
fraud and demand back the money al
ready paid on the contract.
"Should the purchaser wish to re
pudiate the contract to purchase on the
around that the agent has secretly re
ceived commission from the seller or
has secretly acted as his agent, he can
do so, but he 'must act promptly and
make restitution as far as possible.
The principal also has a right to repu
diate a contract to purchase or sell
land where the same is made subject
to his approval. In the event of re
pudiation the agent has failed to earn
his commission and can not collect the
same. But where, the principal takes
no steps to repudiate a contract made
by the agent and accepts the benefits
thereunder, he ratifies the contract and
Is liable to the third party for a breach
thereof if he afterwards refuses to
carry out the contract.
On Ratification.
"In taking up the subject of ratifi
cation, we .must get clearly In mind the
statutes of our state in regard to the
buying- and selling of real estate. The
statute says: 'In the following cases
the agreement Is void unless the same
or some not or memorandum thereof,
. expressing the consideration, be in wrlt
. lag subscribed by the party to be
charged or by his lawfully authorized
agent: 7 an agreement concerning
real property made by an agent of the
, party sought to be charged, unless the
'authority of the agent be in writingc
8 An agreement entered into subse
t Quent to the taking effect of this act
(June 9, 1909) authorizing or employ
- ing an agent or broker to sell or pur
i'enase real estate for compensation or a
commission.'
"The great majority of the derisions
of the supreme courts of the different
; states on the subject of ratification do
not consider the law as laid down oy
'our statutes. Most of the states have
no statute requiring an agent's author -
i ing ine saie oi real property 10 De in
J. writing.
' Authority of Agent.
1 "Our neighbor states of California
and Washington have statutes requir-v-
Ing the authority of an agent to buy
! and sell real estate for another to be
tin writing, but have not the statute
requiring the agent's authority to enter
Into a contract for the sale of real
. estate to be In writing. The supreme
''courts of both those states have de
; elded that an oral authorization given
to the agent to enter Into a contract
for the salt: or purcnase of real estate
, for tli principal Is sufficient, although
, if thf agent has no written authority
to buy or sell for the principal he can
Snot collect a commission. In these
I states the oral authorization to enter
Into a contract for the sale of real
property ''givrn hy the principal to the
scent Is sufficient. But from the
wording of the statute nf our state the
supreme court of Oregon will not fol
low the decisions as laid down in Call
. fornia and Washington.
"Tlien If the agent in Oregon enters
Into a contract for the sole of real
properly and lias not the proper writ
i -"v vx xX A y' W' rr I;
I - L: V 'Vt t Iri'S-i x I I
IN HOOD RIVER
Eastern Author Calls It Safe
and Sane Occupation; One
Fifth of Growers Said to Be
College Men.
rians are being .prepared In the of
fices of Clark & Brlstow; architects, for
four unusually handsome and attractive
residences that are to be erected this
summer on a double block facing the
upper drive on Portland Heights. The
entire site, containing 17 lots, is to be
landsapod and parked, retaining walls
and hard surface driveways and walks
t tn nd such other Improvements
made as will make the property one of
the handsomest sites for a group of pri
vate residences in Portland.
On the extreme left of the picture Is
the perspective, of the proposed new
home of K. 8. Muckley. As designed. It
has strong leaning toward the early
English domestic. It has a brick and
stucco exterior and is to be finished In
native Pacific coast woods. Its esti
mated cost is $9000.
$8000 Residence.
Adjoining the grounds of the Muckley
home to the proposed new residence of
Mrs. Carl Brown. This house is de
signed in modern Oerman architecture,
with , tapostry brick find shlnela ex
terior. It will contain eight large
rooms, reception hall, outside sleeping
quarters, pergola terrace and small en
tnry porch. The living rooms will be
finished in white enamel. Its estimated
cost Is $RO00.
Third In the upper tier Is a drawing I
of what is to be the elegant new home
of Mrs. Emma Burton. In architecture
this house may be said to be of bunga
low type along Japanese lines. It is
to be of brick construction and will con
tain 15 rooms, besides numerous small
apartments. In addition, the basement
will contain besides the usual heating
plant and laundry, a billiard room,
gymnasium and swimming pool.
Concealed lighting Effect.
Extending on, both sides from the
main body, of the house are two wings
Inclosing a patio or open courtyard. Art
and modeled tile Is to be lavishly used
In the floors of the dining, living and
sun fooms. Bathrooms are to be done
In marble and tile, swimming pool In
marble with a tile tank, and all cham
bers finished in grays ' and yellows.
Among the more Important special fea
tures are the specially designed hard
ware, concealed lighting effects, Inter
communicating telephone system and
specially designed and specially exe
cuted carving and relief plaster work
and tiles. The estimated cost of the
house Is $30,000.
On the extreme right Is the architect's
drawing of the home to be erected by
R. E. Brlstow. It Is of the Oraftsman
type of architecture. It will have nine
large rooms, besides billiard room' and
un parlor. The estimated cost of the
Improvement Is $8000.
250 PERMITS 10
BUILD ISSUED IN
10 DAYS OF MM
Month Starts Off in Record
Breaking Manner Total
Value Estimated, $612,385
New Structures.
Section Une road and Leva avenue,
$3000.
H. M. Pavldson. two story frame. East
Thirteenth between Knott and Brasee,
to on.
John Lundgien, two story frame. East
Twelfth between Boise and Cora, $3000.
R. F. Peters, one and one half story
cottage. East Sixteenth street near Alns
wortlu $3000.
I. E. Kenton, one nndtna half story
cottage. Clackamas near East Thirty
third, $3000
Hilma Pierce, two story frame, Borth
wick between Mason and Skldmore,
$3000.
W. E. Love, two story frame, Mallory i
avenue between Emerson and Sumner.
$3f,00.
(Xscar Olson, two story frame. East
Ninth street hetween Tillamook and
Thompson, $3000.
TELLS PRUNE MEN
NOT
10 SELL AT
PRESENT VALUES
cause of the low prices we have been
obliged to sell for in past years, hun
dreds of growers have neglected their
orchards. In fact have grubbed up their
trees until the acreage in prunes Is
only about two thirds what it was a
rew years ago.
PURCHASES HOME IN
May starts off In building operations
in a record breaking manner. During
the first 10 days of the month, there
were issued 260 permits with a total
estimated vaiuation of $612,385.1 The
total volume of permits Issued ln'May,
1910, was 6S8, having a value of '$l,
803,435. If the remainder of the pres
ent month holds up as well as the first
10 days has, the record of one year ago
will be passed.
There were two important building
announcements last week and a large
number of lesser projects came to light.
The most Important development In the
building line Involves a new seven story
mercantile building to be erected on the
northeast corner of West Park and Alder
streets by the Woodard & Clarke Drug
company. A member of that firm stated
that construction would begin some time
later in the year and that the building
would cost from $90,000 to $100,000.
Another interesting piece of the week's
news is the announcement that negotia
tions are pending for a 60-ycar lease
on the property known as the Bishop
Scott Academy, which adjoins the Trin
ity church property on the soutUand has
a frontage of 260 feet on both Nine
teenth street and Trinity Place.
Wilcox Building.
This property is to be taken over, so
it is reported, by a syndicate of local
capitalists who plan to improve It with
four large modern family apartment
houses.
The steel frame work on the Wilcox
building was finished last week and
work Is now under way putting In the
concrete floors. The Stone & Webster
Construction company, contractors on
this building, are required under the con
tract to complete it within eight months
and aro to have the ground floor ready
for tenants by August 1. Manager
Brayton for the Stone-Webster Co., esti
mates that he is now about two weeks
ahead on the building.
There has probably never been a time
in the history of Portland when big
building operations have attracted the
interwst that Is now being taken in the
erection of the Wilcox bulldlrig. The
crowd that gathers at the corner of
Sixth and Washington streets to watch
the progress of this structure is so
dense at times that a policeman has
to be on hand to keep a passageway open
on.pljtth street.
Fireproof School.
Architect Ellis K. Lawrence has com
REAL ESTATE OPERATOR
LOCATES
PORTLAND
Edmund K. Lower, formerly a real
estate operator In Minneapolis. Minn.,
has become a resident of Portland and
has Joined the force of Keasey, Huma
son & Jeffery. The Minneapolis Journal
of a recent date quotes Mr. Lower as
follows: "After traveling; over the en
tire Pacific coast, I am so thoroughly
Impressed with the magnificent oppor
tunities that the coast offers for ad
vancement In the real estate field that
I have decided to locate out here. The
grandeur of the climate, the fertility
of the soil, the energy of the people and
the exceptional advantages and resourc
es of the whole country combine to make
It the greatest opportunity ever known
to real estate men."
The Minneapolis paper says that It
is safe to say that Portland Is not only
a good thing for Mr. Lower but Mr.
Lower will be an excellent acquisition
for Portland as he Is a real live wire.
Continuing, the Journal says: "Mr.
Lower is energetic, full of life and mag
netism. He has the reputation of being
one 'of the best real estate salesmen In
the west, and the whole real estate frs
ternlty of Minneapolis regrets to see
him go."
Growers Have-Nothing to Gain
and Stand to Lose Big Sum
by Contracting Crops Now,
It Is Said.
POLK DIRECTORY GIVES
ABERDEEN 15,715 PEOPLE
(Special Dispatch to The Journal.)
Aberdeen, Wash., May 18. Accord
ing to the new directory being com
piled by R. L. Polk & Co., Aberdeen
has a population of 15,716, against 13,
660,, given It by the federal census of
1910. It was felt at the time of the
federal census that an injustice was
done this city, but the protest sent to
Washington had no effect.
With a heating value two-thirds that
of coal, a fuel has been made by Ger
man scientists from sudd, the refuse
vegetable matter that fills the river
Nile in the Soudan. '
Sounding a warning to the prune
growers of Oregon and Washington;
against contracting their prunes at this
early das, James M. French, one of
the largest prune growers In southern
Washington, says that prune growers
who are contracting their pack at tha
present prices stand to lose a big sum
of money. He believes that prunes are
now selling for a much lower price
than thev will bring next fall and
warns growers that they have every
thing to lose and nothing to gain by
contracting to sell their crops to the
dealers at the prices prevailing now,
"This la the first season in 10 or 12
years.' saw Mr. Frencn, "inai mere
have not been holdovers, amounting to
millions of pounds of prunes of unsold
stock of the previous year.
ETtrythlng Is Bold.
"At the present time there are no
prunes in the hands of either the
growers or . the packers, everything
having been sold several months ago.
Heretofore this holdover stock has
been In tha way of the new crop and
was placed on the market Just ahead
of the new crop and naturally the hold
ers of the old stock being anxious to
dispose of It before the new crop came
In, always sold at a very low price and
consequently established the' price of
the new crop.
"There being no old stock in our way
this year, we are in a position to make
the price ourselves and hold until we
get It. Again the prune crop of Cal
lfornla is reported to be not more than
.two thirds of a crop this year, an
California being a very large producer
of prunes, which are a month or six
weeks ahead of ours, has always been
another cause for our not being abl
to hold aid demand higher prices for
our product.
Italian Prunes in Demand.
"Then again the increasing demand
for our Italian prune, caused by the
high class methods we have adopted
for the past few years in placing them
on the market, has made this prune a
special favorite, and consequently In
greater demand than heretofore.
Anotner reason why our prune
should bring good Ttrlces for the com
Ing eight or 10 years at least. Is be
COUNCIL
CREST PARK
AJthough a resident of Portland but
a few weeks. Manager William Young,
-new head of the local office of the R.
O. Dunn company, has purchased one
of the finest residence sites on Council
Crest and will foon Improve it with a
magnificent home. Mr. Toung bought
the M. B. Wakeman property, in Coun
cil Crest Park, for which he paid $7600.
This site overlooks nearly all of Port
land and the Tualatin valley and com
mands aa fine a view as is to be had
from the hills west of the city. Mr.
Toung plana to build there a modern
$6000 or $8000 residence within the
next few months.
For every ton of gold In circulation.
there are 16 tons of silver.
The Hood River valley is praised In
the current Issue of Collier's Weekly
by Arthur Run!, widely known author.
who says It was "the label on a box of j
fruit on a New York fruit stand that
first attracted him to Hood River." His
article, which Is Illustrated with pic
ture of scenic wonders in the famous
valley and of one of the pretty bungs
lows with which the valley abounds, is
In part as follows:
"Hood River has the great advantage
of a small, compact area and a popula
tlon most of whom are Interested'ln the
same thing. The growers consult and
advise eaufi other. They talk, eat and
sleep apples. Organization was much
easier In this homogeneous little com
munity than It has been elsewhere. It
Is sd thorough that about 90 per een
of the fruit shipped Is sent out by the
association.
"The cost of land and the Intelligence
required for success bring naturally to
such a place the fit and the capable,
Thf re are about (100 growers the popu
lation of the whole valley. Including
the town. Is about S000 and of these
B00, between 200 and 300 have'produc
Ing orchards. The others are getting
under way. About a fifth are college
men, and there Is a university club with
graduates bvf Harvard, Yale, Princeton,
Michigan, Cornell, Amherst, Williams,
Dartmouth, Brown and other Institu
tions.
Ban and Healthy J,U: .
"And it is rather a pleasant future
toward which these young men are
working. In another five or ten years
their loans will be repaid and their
orchards paying well. There will be a
good road to Portland probably, and It
will be a simple matter to run down
for a day or two to see a play and get
a taste of city life again. From Port
land the Wljlamette valley opens south
ward, and with a automobile all the
California wonderland will be within
touring distance. If profits remain
what they are now a winter vacation In
the east ought to be possible to most
of them. And meanwhile they will have
had the satisfaction of living a sane
and healthy life and producing some
thing In return for the living the world
gives them, both beautiful and useful.
The Hood River valley Is a shel
tered, sunny pocket In the Cascades,
four or five miles wide and about 20
miles long, extending south from the
foothills of the Columbia river to
Mount Hood. The little river itself
runs down from the mountain's melted
snows Into the broad Columbia, and
the orchard lands He on either slope of
Its lower course. The valley proper
lies mostly atvS'n altitude of about 600
feet; above this, beginning ten nr
twelve miles Inward, Is the upper val-
U. S. Government Issues' Re
port Covering Conditions
in Few States.
The census department of the United
States government has Just published a
chart of a few states showing the In
crease In land values since 1900. They
throw considerable light on the much-talked-of
dangerous Inflation in land
values. Including both farm and city.
The following are the official flgureg
published by the census department so
far: Idaho, 61S per cent; Montana, 894
per cent; South Dakota, 378 per cent;
North Dakota, 321 per cent; Colorado,
300 per cent; Oregon, 262 per cent: Ne
braska. 231 per cent; Kansas, 188 per
cent: Nevada, 163 per cent; Iowa, 131
per cent; Missouri, 107 per cent.
The average Increase In all these
states la 200 per cent since 1900.
It will be seen that Oregon is well
down In the list of this small list pub
lished, Idaho's Increase being nearly
twice that of this state, while Montana,
Colorado, both western states, show
heavy Increases over Oregon, while even
such states as North and South Dakota
run practically 100 per cent higher. It
the last 10 years Is shown for Call
Is predicted that when the Increase for
fornia and Washington, the Increase of
Oregon land will be the smallest on the
coast. Oregon's small Increase, com
pared with the balance of the states
shown In the table, should quiet the
talk of mafiy pessimists and calamity
howlers who have been attempting to
show that land values In Oregon are
too highly Inflated.
ley. In whose timber the smooth, culti
vated acres of the apple growers are
gradually eating their way. These up
lands climb for ten or twelve miles
further up to an altitude of 2,000 feet.
which Is probably about as far as frost
will permit the orchards to go.
Plenty of Water.
The river furnishes plenty of waret
for irrigation when necessary. It Is
quite possible to do without Irrigation
at all, but a certain amount is generally
used toward the end of the season
when the apples are ripening. Even
When the surface soil seems ' dry as
wood-ashes, so much moisture has been
retained 'from the spring rains by con
tinuous cultivating that damp earth can
always be found a few Inches under
neath, s.
In short, here are those manageable
conditions which help the Irrigation
farmer without the dust and oppres
sive dryness of regions actually arid.
The rains stop in July and from then
on the days are dry and crystal-clear
until the fruit is picked. Mount Hood,
at one end of the valley, and Mount
Adams, across the Columbia, at the
other end, send down from their snow
roofs at night the cool air which the
fruit needs, and from July until No
vember the blushing apples receive tha
sun, aa the poetess of Hood River has
fiut It In her book: "And all Immodest,
ong for more."
Journal Want Ads bring results.
.u - m
rileted nlans for a fi'i . nroof school huild
ten suthoilty from the principal, the ing uf reinforced -concrete construction
prorcipai can noi raury lis acts bo that
he win rotftive the benefits therefrom
except In writing unlost) an element of
equitable estoujile exist.
Must Be In W-iting.
"As a general r;;e !,,-!, u1P ratlfi
f CStion ef the unauthorized ' acts of the
agent in entering into a vntrnct for
j the sale of real propeity must he In
; writing A proper ratification of the I
to be erected by the school board at East
Thirty-ninth and Hancock street. This
will be the first fireproof, reinforced
concrete school house to be erected in
.Portland. The plans call for a slx
roon; structure with accommodations for
300 pupils but the house is bo designed
that two additional units of six rooms
each may be erected when required.
A permit was taken out last week by
unauthorized acta of the atrent will I J- Mayes for a four-story brick apart-
; bind a third party with whom the agent ""'"t house to be erected at the corner
'. was dealing unlete tti; yni j party has i uf -l(,venth and Stark. The estimated
Prescinded before the .J'at ific.irttori iS1 -As ' cost of the building Is $50,000.
ffor example. B , th principal con. I 'ong legation No Van. Zedeck Talmud
fstltutes A. his agent, giving i im au Tornh has taken out a permit for a
ithor'lty to Pell his' real property, but ; lhre,? fi,0I'y concrete synagogue to be
no written authority to enter into a i erected at the southeast corner of Sixth
contract for the sale uf ald nr,m,.rt land ilaH stjC!r at a cost of $30,000. -
t A. finds a buyer and enters into a writ-' Residence- 'construction as is shown
ten contract for the sale of the prop-i My lne Permit record of the week con
erty with C. The bu5er, H , hearing of ,lnues 8t nlKh water mark, perinitS of
.this, and wishing to consummate the ' ljf'tw't''n s& nd BO new dwelling houses
Ideal, properly ratifies- in writing th ! liavlnK bePn lissued "tnce last Monday
5,actS or A. Tne contract would then '"""""B- r uu' iwo-iojujb ui uic pwr.
jbe binding on both B. and C. But sup.
.pose C. bad Informed A: before B. had
, had a oliance to ratify that he would
'not go ahead with the deal. B. now
efatlfies. This would have no effect
on C, and lie would not bound.
fOtof Itoad to Goldwidalc.
(Special nurxtch to The Journal )
Klickitat. Wash., May 13. Witllflm
nrgmson. western Klickitat's commls
alener, has just finished an Inspection
tof the proposed road from . Appleton via
,Klickltt direct to Goldendale. He re
ports the route feasible. Construction
of the proposed road will cut out a dso"s
xdrHf from White Salmon n Rnlden.iat
;na win put Camas
mits Issued provided for houses to cost
between JL'000 and $3000.
List of Swellings.
The following is a list of the more ex
pensive dwellings permitted during the
week:
Herman Moller, two story frame. East
Twenty-fifth between East Clay street
and Hawthorne avenue.
L.. Rchmulkli, two story frame, East
Thlrty-firts street between Tlbbetts and
Brooklyn. $5000.
C. E. Saunders, two story frame, Bra
see, between East Twenty-fifth and East
Twenty-sixth, $5000."
Mrs. Lydla Ijeabo,' one story cottage,
Spnjce near Birch street, $3000.
-Mrs. 1. B. Hodnett, one story cottage.
1 rairia DV VlIOll , Ui.rni o c..l UO . V. ,a u onnn
PROTECTION
ACCURACY
SPEED
SIMPLICITY
ECONOMY
CONVENIENCE
.... are assured
you when you use
CERTIFICATES
OF TITLE
in your real estate
transactions . . , .
title and trust
Company
ASSETS OVER -$275,000.00
Lewis Building
K, B. Oor. 4t and, Oak
A
to
Business Proposition
the Business Men of Portland
from a Business Corporation
MOSIffi 1W
The largest single orchard tract in the Mid-Columbia section, twelve miles
from Hood River, situated in the beautiful Mosier Hills, is now divided into five,
ten and twenty-acre orchards.
One hundred thousand dollars worth of this property
sold to some of Portland's shrewdest investors since
opening day, April 16 less than one month
WHY? WHY? WHY?
Ask the Man Who Bought
We furnish YOU the best proven apple land in the world-famous HOOD RIVER
M OSIER district. We plant the finest varieties of standard apple trees, conceded by
the best known experts in the Hood River district to be the best stock ever used for the
purpose.
We cultivate and bring it into bearing through a period of five years under the super
intendency of trfe most ..expert developing organisation in the business.
We sell it at a price and terms that enable you to acquire an orchard by a small
payment down and extremely small monthlv payments, which cannot seriously affect
your needs from your present Income, nor need it interfere with your business or pro
fession. -
A savings bank that pays bountiful interest, providing you a safe, sure and perma
nent income from Mother Nature's generous storehouse in a spot favored by the Creator
to a greater degree than any other place on earth, in all the essential things which make
happy homes in prosperous communities, amidst scenes of indescribable grandeur!
It is to our mutual interest to meet, face to face, so call on us, or phone us, or write
us and arrange an interview.
Hood River Orchard Land Company
(Capital $500,000) .
906-907-908-909 Yeon Building
Phones
Main 1450
A-6598
Devlin & Firebawh
;.- Selling Agents
rami uit. - - - - ""V"
Mrs. Jd Carlino. 13a tory cottage,
3
'-:;r