The Hood River glacier. (Hood River, Or.) 1889-1933, August 19, 1909, Image 8

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The Hood River glacier., August 19, 1909, Page Eight, Image 8

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Newspaper Page TextBight HOOD airatQJUACIKBTHUBBPAY APOTJBT 1 1909. TESTIMONY GIVEN IN EVANS SUIT W. li. (JblppiUK, oroa examination, pne 610: Q. Wuera does tbe water go wbiob U il ruined from tbat bog or awaleY A. Well, tbe people right below it buve drained tbtir laod on below it. 1,1. 11 ow baa tbia bog or awale on the Smith plaoe been draiDed? A. liy tbeae paople draining It lie low. Q. llaa the light company drained tbia bog or awale? A. No, air. Q. ilaa not? A. No, air. Q. U there an irrigating ditch on the Smith tract tbia ten-acre tract? A. There la do irrigating ditch there but I know it baa been nny wherua the litat two or tbree yearn. 1 know there ia aix or ten ioohea ot witter along over the place. Q. Aud that water la turned on dur ing the irrigating aeaaou, lan't it? A. Sure not. i,. 1 want you. Now, 1 will aak j hi if any water that la conveyed la the pipee ot the Kteotrln Light Com pany to the City ot Hood Kiver comet from any well on the Dorrence Smith place? A. No, air. Q. So all (he water you get from tbat plaoe la atriotly drainage water? A. It cornea out of tbe ground, yea, ait ; tbe Dorrence Smith plaoe U tbia ten aorea. Q. Tbe aame place you and 1 have lieen lakling about la tbe Dorreuoe Smith plaoe, for which tbe light com pany paid 92000 for tbe right to drain? A. That ii my idea. Q. And the water which you get off tbat plaoe, or thejigbt company geta oft tbat plaoe ia drainage water? A. Vou might call It that, it la out of the ground. O. 1 would like to aak what ia the water that goea into the well? la it drainage water? A. Some tiniea it ia. (j. Waau't there a part of that ling or awale land which wouldn't raiae clover or wheat? A. I here la about half an acre, 1 abould judge; poailbly an acre, aud that never waa any account until we drained it below it. Cool, Comfort able iSuits for warm weather Dressy, smart - looking Suits like ours are bound to please you. Note the prices in our window. Better come Glad to have buy or not. J. Thoroughly Imported Black Percheron Stallion Now at the Stable of the Transfer and Livery Com pany for Service Imported Percheron Horse Co. Q. Wull, Mr. Heuderaon baa tettl tied tbat there waa probablv a naif of thia hog or awale aud which never hud been put in wheat or olover or culti vatod at all prior to tbe time It waa drained. A. It naan't grubbed ; we grubbed it ainoe we bad it, aud ever since we liHd the property aud plowed it, we have cultivuted it. Q. By "we," do yoa mean the Klectrc Light Company or do you mean tbe Power Company, or mime body elae? A. Tbe Power Company Jgot it. O,. Are you intereated In the Power Company, too? A. No, air. 11. F. L)avldron, direot examina tion, page 712: Q. Do you know from observation tbe effect of putting in tbeae pipea aa to aurfaoe water that ia in tbe gravel and taken up by your pipes? A. 1 know how much tbey deliver, you know. Q. Vou know about tbat where tbey come out under the aurrace? A. Yes, sir. Q Whereabout? A Two or tbree hundred feet, aoiue thing like that below or north from the end ; from tbe extreme end of tbe pipe, 300 or 400 feet. Q. In what form did it oome out? A. It was hard pan in there and tbe water oomea out on top Oi it, and don't stand there now; that did until we put tbia pipe in; ainoe then It doesn't, it extends there botb waya. llefore tbe pipe was pat iu 1 waa in there when tbe water was aland ing u toot deep on tbe lower place down there. Leslie Holier, direct examination, page &70, witness foi defendants: O. What beoame of tbat stuck? What did you do with it afterwarda? A. Tbia hundred and nineteen sbaiea? O. Yes. A. it waa all transferred to Mr. Vorse. y. What waa tbe date uf that trans action? A. 1 will aay aa 1 remember It, sometime in either July or August, 1904. Q. Now, Mr. Mutter, after the trims tei of tbe stock to Mr. Vorse, what do you aay aa to whether oi not you ever had any actual interest in the stock of the light company afterwards in and try on a few styles. you do so, whether you G. Vogt SUPERB A. I bad nothing to do with It Id any way, abape or form after tbat, other than a creditor of tbe company. Q. You were a creditor of tbat plant? A. Yes; not myself; tbe Hank waa. Q. How and wben were you paid for thia stock aud when were yoa paid for this stock you transferred to Vorse. A. 1 never was paid for it until tbe sale of it to Mr. Davidson. m . y. Aod when was tbat? MQSiT? A. Tbat was December, 1904, if 1 remember rigbt. Q. About tbe I me of tbe transfer of these properties of the Power Com pany to tbe Light Company? A. Something near like tbat time, yea, and Mr. Davidson and all tbe porperty tbe sale waa made to get all ot tbe stock, and Mr. Vorae bad nev er paid me for it; beld it and was manager of tbe plant, and managed it and bad nothing to do with it; when tbe time oome for our final set tlement, Mr. Davidaon, in buying tbe plant, agreed to make tbe purchase of tbe plant it Mr. Henderson and 1 would take a certain piece of land be bad iu tbe valley; in tbat deal 1 got my pay tor tbe stock Mr. Vorse bad beld. y. What was tbe object for which tbe Hood Kiver Power A Water Co. was organized? A. The first plaoe waa to get tbe control of tbe get tbe rigbta along tbe river there, allowing tbe company to get them on tbia Coon tract and tba other lights along (tbe river and acquire them. y. For what purpose were these rights to be acquired? A. At tbe auggeation of Mr. Cohen, y. And aak you wbo waa the origi nal Incorporators, if you know, of the Power Company? A Mr. Henderson, Mr. Davidson aud myself. y. Now, Mr. Butler, wbo waa tbe original atookboldera or subscribers to tbe stock, It yoa know? A. We three. y. What was tbe indebtedneaa of tbe Light Company to youi bank, II you remember, Id December, 1904? A. It waa about 923,000 at tbe time the aala was made to Mr. Davidson. y. Mr. Butler, yoa are familiar with the property embraced In wha Is known as tbe Eliot & Soheuok leases aud tbe Coon traot tbat were transferred by the Power Company to the Light Company Id December, IWa? weakest orfan. If there is weakness of stomach, liver or lugs, there Is a weak tiak ia the chain of life which may snap at any time. Often thia so-celled " weakness " is csusad by lack of nutrition, the result of weakness or disease of the stomsch sod other organs of digestion and nutrition. Diseases and weaknesses of the stomach and its allied organs are cured by the use of Dr. Pierce's Golden Medical Discovery. When the weak or diseased stomach is cured, diseases of other organs which uim remote from the stomach but which have their origin in a diseased oondition of the stomaoh aod other organs of digeatiaa and nutrition, are cured also. Take the or. recommended " Discov ery" and you mar mar m mteaag atom, acn and a Mtrent body. Givin Away. Dr. Pierce's Common Sense Medics! Adviser, mew revised Edition, is sent fm on receipt of stamps to pay expense of mailing only. Send 21 one-cent stsmps for the book in paper covers, or 31 stamps for the cloth-bound vol ume. Address Dr. R. V. Pierce, Buffalo, N. Y. A. Vea, air. U. From your knowledge of tbe oircumitances surrounding tbat trans action and tbe property tbat was transferred from tbe i'ower Company to the Light Company, tbe uses for wbiob it waa transferred or wanted by tbe Light Company aud your general knowledge of the oiroamatanoea sur rounding tbat transaction, and being a party to it, what do you say aa to whether $25,W "i reasonable prioe for tbe property transferred? A. 1 do; tbe resulta have proven. I don't tbiok it waa exoeaaesive. L. Butler, cross examination, page 592: Q. Aod 1 understand you to aay after tbe deal was closed, Mr. David ion auggested If you would take a cer tain piece ot real estate tbat be would close tbe trade with you. A. Yea. y. Waa tbe deed made to you or to your aon? A. To my aon. y. Truman? A. Yea. y. What part of tbe farm, aa It waa originally conveyed to you, have you left? A. I think there waa 65 aorea in tbe farm ; 1 aold 40 ot tbe G5. y What prioe did you get for it? A. 910,000. y. Will you qualify year answer tbat yoa never had any part in tbe tranafer tbere any part in tbe trans fer of tbat property from tbe Power Company to the Light Compauy or will you lay you don't remember this? A. I will lay 1 never received a dol lar anil bad nothing to do with the tranafer of that propetty; 1 never re ceived any of tbe iisuea of these bonds or any of tbe money or anything of tbat kind; I sold all tbe stock 1 had 103 shares aud this after tbat time wai Mr. Davidson's immedia'e trani autlona at the time. 1 bad nothing to do with it from tbat time on aud 1 never teoeived a cent in any way, shape or form or any (1 that $2b,000 deal. y. Were you ever present at a meeting of the hoard ot dirsotora of the Power Company wben tbe matter was ii iaouat-Huil whether the Power Compay eh ulil snll to the Light Corn pay A. Mot that 1 remember of. y. Your memory la .clear on tbat or do you in -m to say you dou't re member? A. 1 hern was some talk, maybe; tbluk tbe I ... i Compauy may have ottered tbat, hut tbere waa no detaili worked out while 1 wai stock holder iu tbu Power Company. (Certificate! of stock No. 1 and No. 7 of the Hood Kver Power and Water Co. were issued December 14, 1904, to Leslie Butler, and transferred February 28, 11X15: "Why wai. tbia stock issued, if Mr. Butler bad aold iiK bia 'intertat in tbe company prior to tbat time?" Tbere waa c15,0000 of look of ''be Hood Kiver Klectric Light, I'ower and Water Company issued December 12, 1904, as part of purchase prioe of Coon treat and Sobenok aud Eliot leasee. Thia la from corporations records. N. C. Kvani. ) y. lan't it true tbe Power Company never transacted any business from the date of its ""organization in Sept ember until December, 1904? A. Well, 1 never bad anything to do with it after tbe time tbat Bell and Early went out ; no busineia whi treuasottd tbat I know of. H. V. Davidaon, oioas examination, page 843, witnees for defeudanta. : y. 1 notice on page 17 of tbe same book under tbe beading C. A. Bell, Decern tier 14, 1904, aaaumed by Leslie Butler, one share. A. Tbat waa tte data Mr. Early and Mr. Bell tbat waa tbe date tbeir re signation waa prepared aud tiled and their stock, tbeir connection with tbe corporation ceased ; their stock waa surrendered by cancel lotion on tbat date, but tbat bad been dona pre vious. y. The two dividenda wbicb this eutry on puge 33 shows to bava been paid, aggregating 927,000, waa made up of what items the 925,000 leceiv i d from the Light Company by tba I'ower Company for tbe Coon tract, and also the Sobenok leaaea and the Dortenoe Smith property? A. 1 don't remember. y. That would make 927,000, wouldn't It? A. Yei; make twenty seven. y. Were any proceedings taken by tbe board of directors to deolaie tbeae dividends" JA. 1 think ao. Annual Hawkeye Picnic Will be Held at WINANS CITY On the Mt. Hood R. R. FRIDAY, AUG. 20th Fare for Round Trip 65c Children 35c; Under Five Years Free All Hawkeyes end Their Friends Invited Each oi the sbiaf or gans of the body is a link ia the Chain of Life. A chain it no atreafer than its weakest link, the body o atroaaer thai its y. You remember bow mi.ch money Leslie Butler, John Lelaud Hender son and H. R Davidson actually paid into tbe atook of tbe power com pany? A. No, 1 don't; I have tried to re fresh my icemory bat can't do it. I haven't any data. y i he entries bere of tbe account of Leslie Butler, pagea 6 and 7, of tbia book I band you, abowa tbat be paid on tbe aaaessrneut 9101, do tbey not? A. Yes, air. y. 1 will repeat what I asked awhile ago: If you bad never known about theie transactions and these booka bad been presented tojyou to enable you to find out what tbe transaction wai, you would bave concluded tbat eaob of t e tbree Henderson, David son and Butler bad paid iu 9101 in oasb aod bad drawn out 99000 in divi dends, wouldn't yoa? A. Paid Id 9101 in oaab? y. Yea. A. Yea y. And drawn "lout 99000 in divi dends? A. Yea. y. Id oaab? A. Whatever it shows tbere; yea, I think tbat ia true. Leslie I Sutler, cross -examination, page 606: y. I will refreab your recollection by reading you tbe resolution about tbat; thia copy of tba note wbiob shows Mr. Butler, I will read to you. $.15,000. Portland Ore, Deo. 15, 1904. Eighteen months after date, etc. -and the resolution relating to tbe note ii that tbe corporation borrow or the Portland Trust Co., 935,000 on 50,000 bonds ot tbe oompaay now issued, aa collateral security and aa evidence ot laid evidence Of laid ln debtedueai tbe company executed a note, io you see at tbe time tbe loan was made, tbat bad already been de termined. A. That was some time before that Mr. Coben up tbere a number ot weeks before tbat, and be oame up and went oat and looked over tbe plant. I weut out with tbe other par ties; that waa a me weeks before that his tint trip up tbere. Benjamin 1. Coben, direct examin ation, p. '.Mi: y. Wall, then, pardon me for my seeming insistence 1 atill want to know whether aay other examination of tbe plant waa made by any body but youraelf, prior to tbe 10th day of December? A. Yea, tbat ia tbe time tbe ex amination waa made waa tbe 10th. y 1 want to know whether any ex amination was made prior to tbat time? A. No, air. y. None at all, by anybody repre senting your company? A. No, ait. y. Will you tlx tbe time you were up to' Hood Kiver? A. 1 am very dear in my mind I went up to Hood Kiver ou tbe 10th of the month. N. C. Evans. (To be Continued) A Word to the Wise is Sufficient. It has just come to our notice that many housekeepers have been induced to purchase an inferior phosphate bak ing powder selling at 25 cents per pound. If these same people knew that thin class of baking ponder was made from burned bones mixed witli a solution of oil of vitriol and containing alum, they would be surprised to say the least. Alwayi read the label and see that it reads cream of tarter, soda and starch. Don't miss tbe noon-day ooncert by tbe Eiler "King of tbe Cattle King" band. It ia in keeping alth Mr. Eiter'i reputation and tba splendid performance you will witness at night Tueaday, August 24th. M. T. Moss, ot Chicago, is visiting at tbe borne of G. Y. Edwarda and family. Mr. Moss will remain iu Hood Kiver indefinitely. Mr. Eiler has been happily soccea stul in selecting vaudeville acts that are clean, pleading and of bigb art istic excellence in tbe (between acta) In bis splendid presentation ot tbe drama, "King ot tbe Cattle King," Tuesday, August 24tb. Stewart Hardware & Furniture Co. Second, State and Third Streets Fdl tetii fcs JbI Mf lies to Close Out Crockery & Glassware The Special Sale began Aug. 12 to close Sept. 4 certainly did meet the long felt want. We have cabled duplicate orders on French and English. Did you see the new shape in gold band Haviland and Blown Cut Glass. Call again. We are only a half block from the city center. FRUIT JARS, JELLY GLASSES Kitchenware & Notions Our Specialties 1 892 pure Aluminum ware. Lasts a lifetime. There is but one 1892 Pure Alumi num. Stransky Steel Coated Granite a 3 coated ware that is good after all oth ers are worn out. Costs no more. Nu Blue Graniteware beautiful goods, reduced prices. Pure Gray Granite. A special contract secured you a price. Then Conies the Famous Rochester Ware Nickel, copper, tin and galvanized. Our $1,50 Metallic Bottom Wash Boiler will positively out wear any $ 2.25 boiler you can get. You can now have the new Coffee Perculator at less than half the price you expected to pay. We buy in carload lots. You profit both in quality and price. Specials The remarkable success of our profit giving Crockery Sale induces 'is to feel your nerve for bargains on Garden Hose, Refriger ators, Ice Cream Freez ers, Screen Doors, Ad justable Screens, Alcohol Stoves, Gasoline Stoves, Oil stoves, Fireless Cook ers. A bunch of money saving bargains,but stock is already broken and you must c nie now. Pure Prepared Paint is Pure and Costs No More Furniture Department Another car of the famous Minneapolis Furniture will arrive soon and we want more room. Odd pieces and close out patterns must be out of the way. We will take $1 to f 5 less. Our plans will make this a lively place. Come in. Hammocks, Porch Swings and Chairs Seed Department On such Field Seeds as rye, clover, vetches, turnips, etc. We have a large stock and take care of you be low the market. Simply because we bought at right time in car load lots. Remember This department carries a full line of International Stock and Poultry Food, Chick Food, So Bosso, Lee's Lice Killer, genu ine Avanarium Carbol-ium. Sportings Goods New shipments of Guns, Fishing Tackle, Etc., again makes this the most complete line available. No ad vance in prices as these shipments are part of our regular supplies. Supplies for every kind of outdoor games. Stewart Hardware A Business Proposition 28 years' buying with good cash, plus plenty of room that costs no rent only a half block from the busi ness center is the backing we have that guarantees to meet the lowest market, city or country. When fair prices are deliberately cut in future we will cut deeper. Builders' Supplies Malthoid Roofing, P&B Extra Roofing, Asbestos Roofing, P&B Building Paper, Asbestos Lining Every year in 8 has shown a larger demand. Twenty other roofings have come to this market and gone forgotten ex cept by the man whose roof leaks. Fine Locks, Fancy Trim mings, Sash Weights, Ash Pit Doors, Grates, Fire Brick. Tools With no fear of con trad ic tion we claim to have the largest and finest line of warranted tools in the Northwest for Carpenters Masons Blacksmith Cement worker Farmer Orchardist Gardener Surveyor Machinist or Cobbler Special on Simons Saws, The Gage Self Adjusting Plane, Our Very Best Carpenter Tools. A WORD New Home Owner No one will claim mort than "just as good" against Fuller's Pure Pre pared Paint, 46 colors; Berry Bro. Varnish, Stan dard Varnish W ks goods, Johnson s Stains, Dyes, Waxes, Pioneer Shingle Stain. Why not be sure that these are used; cost is the same. Then let us ex plain the great English Enamel and show you the greatest line of Cut Glass and Nickel Bath Room fix tures. $10 to 20 will make the bath room look like a silver palace. Carpets and Drapery Entire upstairs floor. Out of the dust. Crammed full of bargains in Linoleum, Floor Oil Cloth, Carpets, Rugs, Mattresses, Pil lows, Blankets, Quilts, Sheets and Pillow Cases. Our Lace Curtain and Shade Stock is being in creased continuously. We have a new Ironing Board that combines sev eral useful aiti ties in one. Washing Day! It will pay every lady to come in and let us demonstrate the Coflield Power Washer. Water Motors. A line of Red Devil for either power or grinding. Fencing and Gates We are putting out the best proposition ever of fered. It will pay to buy now for next winter's fence building & Furniture Co.