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VOL. X.MII
HOOD MVER, OREGON. THCHSDAY, SEITEMRKIt 14. W
r- NO. 10
r 1
F
5-
I MJ 1..
On Account of Old Age, This
Fine Home
and 15 acres bearing orchard; 15 acres hay
land; about 20 acres pasture; team, cow and
all farm tools; 5 miles from Hood River, will
be sacrificed for $20,500. $0,500 cash, balance
terms. See owner's son-in-law,
J. H. FRARY
1 123 Twelfth Street Hood River, Oregon
FALL MILLINERY
OPENING
On and after September
15 our Dress Hats will be
ready for inspection.
J. . L. HAWLEY
As Near as a Drug Store Next Door
Your telephone brings you as near to our store
as though you lived next door to us. Keep in mind
t hat you can have anything in drug store goods when
ever you wish by merely telephoning us. Your or
der will be given that careful, intelligent attention
which has become a habit with us and the goods will
be delivered to you promptly.
Our Telephone and Free Delivery Ser
vice. Saves Time, Trouble and Effort
This service gives perfect satisfaction and costs
nothing extra. Our prices are right for reliable
goods and are alike to all.
When You Think of Drug Store Goods,
Think of Us and Use Your Phone
Carl A. PIath,DRUGG1ST
"The Rcxall Store"
Hunt Paint & Wall Paper Co.
Complete line of PAINTS. OILS, BRUSHUS, i:tc.
HEATH & MILL1GAN MIXED PAINTS.
PRATT & LAMBERT'S VARNISMHS. CALOIMO. For room tinting mixed
to order. C1U-NAMKI.. For old furniture ami wood work ; anv color. KOOM
Molil.hlNH. Hate and Curd Kail. Dry Paste. OIL CLOTH for walls and a
nire line of Wall Paper. Painting, Paper Hanging, Sign and Carriage Work
Carriage Shop ;limie lt)0L
Mr. Fruit
If von are contemplating inoreaning the size of your orchard you
should he careful in the selection of your trees, for without the proper
type of trees to start with, yon cannot hope for the siicees yon deserve.
The True to-Name Nursery lias furnished the larger por
tion of the trees for the moat prulitable orchards of Hood Kiver, the or
chards that have in later years produced the prize w inners were fiom
trees grown by the True-to-Name Nursery, including the prize
winning car of Yellow New towns at the National Apple Show at SjKikane.
The trees that we have to offer are not "pedigreed" nor "thoroughbred,"
but are of the type that have produced results that s-ak for themselves.
Our years sf practical experience in the nursery business is a safeguard
againi-t mistakes and should be a sullicient reccommcndation to merit
your confidence.
It will pay yon to examine our stock or write us before placing your
order. Address all Communications to
True-to-Name Nursery
PHONE 2002-K
": gnrry-r.'
I .
Store phone llti 15 Oak Street
Grower!
HOOD RIVER, ORE.
t-H 1 1 in i m i M 1 1 1 1 1 1 1 1 1 1 1
Land Bargains
in Hood River
J20 Acres, 9 5,500 r4 miles
, . .
House; z gooti springs ; line view oi valley ami noin hiiiwh.in!- , reu
shot soil; easy terms.
19 Acres, $8,000ri miles from town. Hi acres cleared; 2 acres
in trees; balance in clover ami alfalfa; all lint 1 acre lirst-chi's apple
land ; splendid view ; easy terms.
17 Acres, 9125 n Acre1
store ami church ; all uncleared
20 Acres, 922,000 i acres 2-year-old; 19 acres in ft year-oKl
Spitzeiihtirg, Mew town and Ortlevs. One of (lie. sighlliest places in I
the valley and is in the lieait if
store, school etc. Terms.
i We have a number
in inside business property that
are sure money makers.
J. H. Heilbronner &
Company
The Reliable Dealers Hood River, Ore.
H-i"i""ri"i""i"i"i"!"i"i"H-H"H"i-H"W mum mi i 1 i-h-i-i 1 1 1 h-
A DOUBLE-HEADER
17 Acres in Willow Flat. 5 acres 3-year
standard apples; 2 1-2 acres 1-year stand
ard apples; 1-2 acre 6-year standard ap
ples; balance uncleared; finest building
site in the valley; $6,000, $2,800 cash.
31.33 Acres adjoining the above; all
good land; all uncleared; $5,000, $2,000
cash. Will divide at $ 1 75 per acre.
To See is to
Hood River District
Land
Hood River,
Land For Sale
1 have about 1,000 acres of No. 1 Apple Land,
most of it under ditch at prices ranging from f GO
per acre up. In tracts from ten acres up.
J. R. STEELE
Hood River - - - Oregon
For Sale by Owner
200 acres, GO acres cleared, 11 acres planted, balance
unimproved. Trice cheap and easy terms.
J. P. Thomsen
It. F. I). No. 1 box 00
GUY Y, EDWARDS & CO.
Office Hotel Oregon Building
Phone 228-K
$6,250-Five acres 1 mile from city limits, all in trees; 1
acre bearing; balance 4 and 5 years old; bouse, barn,
running water in house; fine view. Terms, $2,000 down.
$14,000 Ten acres in Oak Grove, nearly all in full bearing;
house, barn and all tools; main road, and only 4 1-2
miles from town. Reasonable terms.
$2,500 -Five acres, 4 miles out on West Side; 3 acres in
trees 2 and 3 years old; 2 acres ready to set; house and
barn. Terms, one-half cash.
$7,000 Ten acres on East Side, near Van Horn; 5 acres
bearing; balance 2 to 4 years old; new apple house.
Owner going east and must sell.
Get Our Complete List
1 1 1 1 1 1 1 1 1 1 1 1 1 n 1 1 1 1 : 1 1 1 1 Hf
from town. 5 acres cleared; (air
i , . . i .i..: i
mile from shipping station, school,
but tine land lor apples ; toi.ip.
the aiiule growing Mertioii, .e:ir 4
of special bargains i
be Convinced
Co.
Oregon
Phone 200 Odell
JURY'S VALUA
TION IS $32111
THE WITNESSES' ESTIMATES VARY
City Government Will Abide by the Ver
dict, but Attitude of Opposing
Counsel is Toward Appeal.
After four days' session of the
Circuit Court here last week, the jury
in the condemnation case of the City
vs. the I'ucilic I'ower & Light Co.,
after deliberating for Hhout live hours,
reached a conclusion and placed the
value of the water plant in question ut
$32.4-11.
The case was characterized through
out by the great difference between
valuations as placed on the system by
the experts of the city and power com
pany. The owners' experts estimated
the value ut figures varying between
$i;o,(KRI and $S0,tMK) while the citv's
experts, figuring the worth of the
plant to the city, placed its value s
low as $11,I.(H). The testimony was
completed Thursday night and Friday
until the middle of the afternoon was
given over to the pleading of the
attorneys.
A brief summary of the testimony
offered by thu different witnesses
appears below ;
The chief expert testimony of the
city was offered by L. C. Kelsey and
K. A. Taylor, both hydraulic engineers
of broad experience. The former has
been consulting engineer of halt Lake
City, Utah, and has offices in Portland,
while the latter for the past decade
has been connected with the construc
tion of water and sewer systertis in the
New Kngland states. At present he
is superintending the construction of
Portland's new Hull Hun water system.
Mr. Kelsey and Mr. Taylor prac
tically agreed as to the valuations,
lloth estimated the value of the plant,
as a going concern, to the city at
$U,tsMl. While they placed a replace
ment value, exclusive of the real
estate, at $L".I.(KK). In reaching their
conclusions, , they took into considera
tion all elements that a buyer would
take to determine the probabilities of
the future, its earning capacity, the
probabilities of competition and the
possibility and probability of contam
ination. The condemnation by the
State Hoard of Health had its etrett.
They figured from the general utility
and the structural features of the
plant. Both claimed that it was not
eflicient us a lire protection for the
city.
Hood River's present - source of
water supply carries colon bacilli, the
germ always found accompanying the
typhoid germ, und may ut any time
precipitate on the inhabitants an epi
demic of typhoid fever, according to
the testimony of Dr. Yenny, Dr.
Andrew C. Smith and Dr. Calvin S.
White, hiembera of the State Hoard of
Health, who were witnesses. All of
the health officers had made trips here
to study the environment of the
springs supplying the city water.
From their observations and from
analyses of various samples taken
from the springs, the State Hoard of
Health last year condemned the source
of supply.
In order to determine the value of
Hie real estate involved in the suit a
number of the riost experienced local
Trial estate dealers were called on to
ttvtify. W. J. linker asserted that
the reservoir sites, exclusive of the
rights of way, were worth on a conser
vative estin.ate, $2,ii(Ki. C. K. Hone
placed the real estate a figure of
$2,H(HI. Mr. Hone testified that he
could not see how any one could place
any value whatever on the right of
way, as such, to u company making
use of it.
Dr. W. S. Nichol estimated the value
of the land at ji price ranging from
ifl.MMI to 12,00(1. un cross examina
tion, the power company's attorney
asked Dr. Niched what he considered
the land good for. He answered that
the owner might make a success by
establishing a duck pond. "What kind
of ducks would you raise, Dr. Nichol?"
asked the counsel. Indian Kiiuner
ducks," was the prompt reply, "they
wouldn t require so much water.
J. M. Schmelter, who was placed on
the stand as un expert rea estate wit
ness for the power company, placed
the value of the reul estate, including
the rights of way, at f lO.titK).
A. S. Hull, the 1'acilic I'ower &.
Light Company's local manager, was
called by the company's counsel. He
testified that the company found it
necessary to shut oir the water at
nights in the summer time, because of
the fact that patrons of the system
made such a use of it ut night for irri
gation purposes that it was impossible
for the company to fill its reservoirs
and have a reserve for lire protection
and to supply the needs of the day.
Kngineer Hcnney, who has been in
the United Stales service, by deposi
tion valued the system, excluding the
water rights, at $-l.ri,tKHl. Including
the water rights, he placed a value of
$i0,(i0:)on it. A. L. Adams and J. (i.
Kelly also testified us to the value for
the company. The latter, including
the water rights, found a value of $!!).
0N). While the former, including the
water rights and the real estate,
placed the valuation at $X 1,000.
The instructions of Judge Hradshaw
to the jury were as' follows-
"In arriving ut the value of the
property sought to he taken by the
City of Hood Kiver, you are to find the
present market value of the properly
as a whole or single wuter system ;
and in so valuing the plant every
element that affects that value should
be considered by you and each part or
component Jpart that goes to make up
the system should be considered in its
relaton to the whole system.
"Hj market value is meant a fair
value of the propery bewteen one who
desires to sell and is under no obliga
tion to sell, and one who desires to
purchase and is under no obligation to
purchase. It is not what could be
obtained for the property under pecul
iar conditions when a greater than its
fair price could be obtained, nor its
speculative value, nor the value ob
tained from the necessities of another.
Nor on the other hand is it to be lim
ited to that price which the property
would bring when forced oir at auction
under the hammer.
"The component parts have been
fully detailed to you by experts in this
case and consist of real estate, water
and water rights, water development!!,
reservoirs, structures, pipes, fittings,
gates, hydrants and stand pipes, ser
vices and all the property and rights
that gu to muke up the entire system
of waler works.
"The element of going value is to
be considered by you in arriving at
the fair market value of this property,
as the City of Hood Kiver in acquiring
this proK rty takes it over and re
ceives it as a going concern. As a
going concern, consideration must lie
given to the length of time and cost
needed after construction to develop a
new system to the level of the present
one with resu:ct to business and in
come. ,
"lu l-Hiking at the market value of
any of the component parts of this
system you are to take the value not
only in relation to the system as a
whole but also the use to which the
I'ucilic I'ower X- Light Co. is actually
putting the property und its adaptabil
ity for that use
"Vou are further instructed that you
ran not measure the value of the sys
tem and property sought to be taken
by the city of Hood Kiver in this ac
t ion by its value to the city, or by the
city's need for the particular property,
or its contemplated use of the prop
erty. "You are further instructed that
you can not value any of the compo
nent parts of the system by tfieir
value to the city ror' by the ciy's in
tended use thereof.but you are confined
to a consideration of the present value
of the system as a whole in its present
condition.
"I further instruct you that there is
no evidence before you of any compet
ing water plant in the City of Hood
Kiver, nor is there any evidence before
you that there is any likelihood of a
coniieting plant coming to the city,
and so you are not to consider this
clement in arriving at the market
value of the system.
"There is no evidence before you
that the city of Hood Kiver is building
or is contempliif ing liuilding an inde
pendent water system to the one
sought to be taken in this action, und
so you are not to consider this us an
element affecting its value.
"You are not to take into considera
tion in determining the present mar
ket value of the system any action
taken or threatened to be taken or
contemplated by the City of Hood
Kiver in building or looking toward
the building of a system to supply the
city and tlfM might come into compe
tition with the plant of the I'ucilic
I'ower & Light Co.
"There has been some testimony
introduced before you concerning
water shortage. If uny water short
age has been caused by the careless
ness or mistakes in the management
or operation of the present system of
the 1'acilic I'ower & Light Co. in fur
nishing water to the City of Hood
Kiver and to its inhabitants, and such
shortage could he removed by proper
and business-like management of the
present ; system, then the evidence of
such water shortage should be disre
garded by you ami not considered in
the valuation of the system.
"If you find that either or both of
the sources of supply of water used in
the present system is liable to contam
ination from e.esspuwls or outhouses
you are to consider in this connection
the power and authority of the City of
Hood Kiver to remove the same and
to provide for proper sewer system to
remove such possible sources of con
taininution to the water supply. In
other words you are not to consider
the source of supply valueless, if it
would otherwise lie vuliiahle, because
it is liable to contamination if. Hie
source of possible contamination can
be removed.
"There has been some evidence
brought before you to the elfect that
the city of Hood Kiver has not a sulli
cient number of fire hydunts in the
present water system. On this point 1
instruct you that under the terms of
the charter of the City of Hood Kiver
and uniler the terms of the franchise
held by the I'ucilic I'uwer & Light Co.
from the City of Hood Kiver it is the
duly and business of the City of Hood
Kiver to enter into an agreement with
the I'licilic Lower & Light Co. for
whatever hydrants the city may re
quire and that under the circumstances
the number of fire hydrants becomes
immaterial and. does not allect in uny
way the present market value of the
system.
"There is no evidence that the City
of Hood Kiver has demanded from the
present owners, or any of the prede
cessors of the water works uny hy
drants for lire protection, or that the
present owneis or uny previous owners
has declined to furnish fire hydrants on
the request of the city and I therefore
instruct you that any evidence to the
elfect that there is not sullicient fire
hydrants in the City of Hood Kiver
should he disiegarded by yau in arriv
ing at the present market value of the
entire system."
The verdict, placing the value of the
plant at $.'12,411, is a compromise one.
Members of the jury have admitted
that the instructions of the court
caused them to raise the price several
thousand dollars, and hail they used
their own judgment as to the actual
value of the plant, considering points
which they considered vital, hut which
were excluded by the instructions of
the court, the verdict would have
placed the value under $25,000. The
latter price bears out the contention
of those who have fought the case for
years, ugaiiist paying the excessive
price demanded by the old company.
Had a vote been taken within the past
seven years as to paying the old com
pany $2.r),000 for the plant, there is
little doubt that it would have carried
by a large majority. That the jury in
Hie present, suit have admitted that in
their judgment, unhampered by the
instructions of the court, the verdict
would not have exceeded that figure,
should be particularly gratifying to
those who for u number of years have
based their judgment on that figure.
However, the city government, in
order to hasten the work of improve
ment in the city, is willing to submit
to the verdict. In a letter received
from Attorney J. K. Laing by A. S.
Hall, the local manager of the Pacific
I'ower & Light Co., it is stated that
the attitude of the company's counsel
is toward appeal. However, no defin
ite action has been taken by them.
Mrs. Charles H. Castner and Mrs.
George II. Steinhoff were hostesses of
the past week, entertaining Tuesday
at the home of the former with bridge.
The prizes wre won by Mrs. Cannon
and Mrs. Moulton, while the whist
prizes on Wednesday were won by
Mrs. Dumble and Mrs. Schmeltzer.
Wednesday evening Mr. and Mrs.
Castner entertained at whist, priz.es
being won by Mrs. P. S. Davidson and
Dr. Watt, while the consolations fell
to Mrs. Heilbronner and Mr. Steinhoff,
uuses
J TIE VOTE
J. F. BATCHKLDER Sl IiMITS ADVICE
Council Orders Warrants Drawn to Cover
Cost of Water riant --Skating
Kink Declared Nuisance.
For the first time this year the vide
of the mayor was necessary to settle
a tie ut the Monday night meeting of
the City Council. The members of
the council were equally divide I as to
whether or not a eorrmunieation from
J. K. Hatcheldcr should be tabled or
referreit to a committee. The letter
in question stated that Ulcii & Co. had
no right to make an assignment of the
$'.10,000 bond issue to Morris lives., the
Portland brokers. It asserted that it
was the business and duty of the city
government to re-adveitise the hondk
together with the sum of $:!2,44l. the
valuation placed on the water system.
Thus, according to the belief of the
writer, large and responsible bond
houses will hid on the bonds and the
city will get a better bargain. Ac
cording to Mr. Hatcheldcr no large and
responsible bond houses have yet made
bids on the local bonds. He ended his
communication by advising the council
instead of beginning the installation of
a municipal water system this winter,
to make certain revisions in the city
charter.
A motion of Councilman Knrly, sec
onded by Councilman Kobertson, pro
vided for the tabling of the communi
cation. However, Dr. Hrosius stated
that through courtesy the message
should be referred to a committee.
The councilmen voted as follows for
the motion: Wright, Karly and Kob
ertson, No; Howe, Hrosius and Hog
gins, Yes. The mayor voting with the
noes, the communication, on motion,
was referred to the Street commitUe.
A petition from the Apple Growers'
Union usked that the city vacate Filth
street north of Columbia. As a con
sideration for this the organization
offers a strip of twenty feet from.the
lots owned by it in this section. Hy
opening a road over the proposed lots
a convenient way is oll'ered to the
freight station and the Apple Vinegar
Company's factory. The matter was
referred to the Street committee for
a report ut the next meeting.
A petition signed by a large number
of citizens residing west of the city
asked that the city repair the west
end of Cascade avenue. Kecent rains
they assert hits so badly washed a
small stretch of the highway that it
makes the hauling of fruit over it
almost impossible. The cost of the
improvement will not amount to more
than $r0, according to the estimates of
the petitioner. The petition was re
ferred fto Jthe Street committee with
power to act. Mayor llartwig stated
that a portiun of the K.ast Side grade
was in similar condition und was in
need of repairs. He suggested that
the Cascade avenue improvement
might he made by an assessment, hot
added that the Lust Side Grade would
perhaps not stand un assessment.
A remonstrance against Hie excava
tion of First street was submitted by
L. M. Hlowers and J. It. Hunt, who
stated that the propery owners, who
received fills in front of their property
should, Jsince they were benefitted,
bear a cost in proportion to their own.
They further stated that the price
actually charged by the contractor had
exceeded the estimates as made by the
city and that the contractor had prob
ably made a mistake in his calculations
as to the amount of rock removed
from in front of the property. Ke
porting on a remonstrance submitted
by Mr. Hunt ut the lust meeting of
the council, the Street committee '
stated that its members had investi
gated the work und found no reason
why the work us completed by the con
tractor should not be accepted, and un
ordinance providing such was ordered.
Recorder Langille reported that t he
amount due the Seaton Construction
Co. for the work of oiling Twelfth
street had been attached by the A. 11.
Averill Machinery Co., of Portland, in
order to secure payment of the sum of
$i:il.T2, owed for machinery. The
Seaton Company is due the sum of
$l'.i.r) on the work.
The recommendation of the Fire and
Water committee, that Jibe recorder
draw ut once two warrants to cover
the valuation of the wuter plant of the
I'ucilic Power & Light Co. as assessed
by the condemnation jury, was adopted.
As soon us the city proffers the war
rants, it ut once assumes control of
the plant and receives the revenue
from it.
L. A. Henderson was reported by
the Street committee to have asked
for instructions as to his duties as
inspector! for the work to be done in
the construction of the new sewer
system. He was referred to the city
engineer.
The matter of the city standing the
expense of building a retaining wull in
front of the property of Judge John
Leland Henderson on State street
again came before the council. The
Street committee recommended that
the city pay the cost of such work,
since a former Street committee had
given Judge Henderson u permanent
grade. Dr. Hrosius opposed the action,
stating that it was setting a bad prec
edent. The report of the Judiciary commit
tee, recommending that the skating
rink be closed, was adopted. Thu fol
lowing is their report:
Hood Kiver. Ore., Sept. 11, Hill.
To the Hon. Mayor and Common
Council, of Hood Kiver, Ore.
We, The committee to whom was
referred the matter of the petition to
abolish the Skating Kink respectfully
submit the following report:
We visited the building and was
shown ovr it und were unable to
inspect ..the interior of the Kink hut
eutside a cleaning up had been ni.ule
so as to lessen the tire risk.
The main cause of the complaint
seems to be the noise caused when the
rink is in operation and as expressed
by some of the residents living near
us becoming unbearable.
The character of tho building is such
that it would be impossible to deaden
the sound and still have the necessary
vcntillution.
We understand thut the owners of
the Kink are making preparation to
defend themselves against the closing
of the building as a Kink, but not.vith
stundiiig that fad we believe the resi-
(Continued on Page Two
I i