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About The Hood River glacier. (Hood River, Or.) 1889-1933 | View Entire Issue (Sept. 1, 1921)
$mttf. VOL. XXXIII HOOD RIVER, OREGON, THURSDAY, SEPTEMBER L, L921 No. 14 I 3 - - BBSSB NOTICE TO SAVINGS DEPOSITORS Semi-Annual Interest at 4 Amounting to $5,600,00 has been credited to the accounts of savings depositors September 1. Please present or mail your savings bank book for proper entry of your share of these earnings. We are at your service if you desire to purchase municipal bonds or other safe and profitable investments. USE ALL OF OUR SF.RVICE THE FIRST NATIONAL BANK FALL SUITS ARE HERE Quality, cool fabrics and un usually fine tailoring that's what makes a suit hold up. Prices are about one third less than Fall, 1920. And we are showing unusual values at , $35.00 J. G. VOGT The New "Eveready" Spotlight with the 300 foot range The Light that says, "There it is!" "EVEREADY" BATTERIES Fit and Improve All Flashlights we have a complete stock. KRESSE DRUG CO. The QeaJlSL v Store Come in and hear the August Victor Records DRAIN TILE- SEWER TILE CHIMNEY BLOCKS BUILDING BLOCKS Everything in Cement Products Manufactured right in Hood River by Willis Bradley in new plant on Cascade Ave. between 4th and 5th, Sold by Emry Lumber & Fuel Co. MONEY AND BANKING We have borrowed the following from a bank Ad which appeared in a recent journal for the National Park Bank of New York : "The moral law of money is that it should lie applied to productive ends, and this is also the economic law. "It should multiply and contribute to the growth of essential industries and enterprises. "The facilities and resources of this bank have been engaged for many years in direct ing money in channels leading to the greatest good for the commercial life of the commu nity we serve." BUTLER BANKING COMPANY Member Federal Reserve System 'lr.nrTT7rTTTmrrTMipii iirnungr Successors to BRIDAL VEIL LUMBERING Co. Phone 2181 Fourth and Cascade MOTOR PARTS SERVICE How often have you needed a small part for your car? Say a Valve. Wrist Pin, Motor or Wheel Bearing. Axle, Transmission or Diff erential Gears and been unable to get them? An order to me by noon insures a delivery by night of practically any part you may desire. Get the habit of demanding s,itij,itory Ven ice. Everything for the Motor Car at Shay's SERVICE Shop AT THE FASHION STABLES Shop Res 2772 John C. Duckwall VVm. S. Duckwall DUCKWALL BROS. Wish to announce that ihey will be cash buyers of the principal varieties of apples and pears this sea son and load from all points in the Valley. We furnish growers' supplies and materials. Apple and Pear Boxes Spray Materials Paper We will have a small supply of the specially prepared oil paper to prevent scald on the late keeping varieties and recommend a limited use of it this season. DUCKWALL BROS. Phone 224 Odell f DECISION IN WATER CASE IRRIGAT10NISTS ARE VICTORIOUS Judge Wilson Files Memorandum of De cision, Affirming Findings of State Water Board imminent. Mr. Hone was willing to take it over anil make a further at tempt to get tne water. But it ap pears mat tne question ot expected or possible profits was not in the minds of those concerned. No profits were made, nor have any dividends ever been paid on any stock." He therefore decides that the Hitnh concern does not come under the Legislative Act of 1891. but that the ' KIT e,Hi8d K E& iheiGibson dications Point to Exhibits plies. The principles of that case, ad eeming to tne decision, are ns follows: SCHOOL FAIR SEPTEMBER 24 I'ARKDALE STUDENTS WORK HARD Rubber Stamps AT THE GLACIER OFFICE Fine for the Picnic You have drunk our buttermilk at homo. Had you ever considered how refreshing a draught ot It would be on the hike or the camping trip. It would make an excellent beverage for the motor Irlp. Just fill your thermos bottle with this delicious and wholesome drink the next time you start on an outing. HOOD RIVER CREAMERY For property value involved the ad judication of the rights of the entire watershed of the Hood river, in which Judge Wilson has just rendered a de cision, probably sets a record for irri gallon cases in Oregon. The chief contests in the case lay between irri gation concerns and the power inter ests of the valley and touched almost directly the valley's entire assessed valuation of $'., 0(H), 000. Judge Wilson, in filing his memorandum of decree with County Clerk Shoemaker stated that the formal decree would follow at once. Judtre Wilson a decision awards a sweeping victory for the orchardists' irrigation concerns, and it is expected that a formal appeal to the Supreme i-ourt win at one be announced. In prefacing his decision, Judge Wil son says : The testimony before the court is voluminous. lhe eual miestinns ore sentea are complicated and intricate The law, ultimately to be declared as applied to the; existirur aitnuH.irw win determine legal principals of very LTeat importance. It fairl said that no water litigation has ever ocen presented to the courts or nmtrnn involving graver questions, or more vaiuaoie interests than those now be ing considered. The affect of their ultimate determination will In- lur reaching. Irrigation attorneys in all parts of the Northwest have been watching the case, which has been lie fore the courts for the last eight years. Ihe litigation first became an ismn eight years ago when the East Fork Irriagtion District was sued bv the Or egon Lumber Co., the latter seeking.'to secure an injunction to prevent the dis trict from making full lisp to elnima nf water on tne r.ast fork or Hood river. J he defendant won its contentions in the circuit court in a decision of the late Judge W. U Hradshaw. On reach inir the supreme court. h-iwever it was remanded to the lower tribunal, and the State Water Hoard wu h structed to make a thorough investiga lion ot ail conflicting claims on the en tire watershed and report its findings in sucn a manner as to obtain a com piete adjudication. For three years engineers and observers were engaged in the valley, surveying all irrigable areas or land and observing the flow of the streams. The findings of the board were presented to the court lust year, following formal hearings by the oouy, memoers ol wnicn took testi mony of witnesses in cases of conflict ing claims. Hut four main objections were raised to me nnuings or the Water Hoard lhe first of these nhiccliniiM ruixeil a contest between the Oregon Lumber Company and the Fast Fork Irrigation District. lhe other contests were Between the I'acific I'ower & Light uo. and the Last rork Irrigation Dis trict, that between the Glacier Irrigat ing Company and the lumber company and involving as well the claim of tin power comnaiiv. while the fourth eon. test involved the Mount Hood Water Co. on one part, aiid adverse thercti claims of the Fast Fork Irrigation District, ntHM Power & Light Co.. Uregon Lumber Co. and Glacier Irri gating Co. Numerous minor exct linns were taken, lint a nf them , .. more or less involved in the decision of the main issues. The contest between the Fast Fork Irrigation Ditsriet and the Oregon Lumber Co., according to Judge Wil son. involved the most valuable nron erty interests and presented the most serious and contravened leiral oues- tions. The irrigation predecessor filed on uie rasi rork Ol Hood river in IH'J for 7,000 inches of water. The lumber company claimed that the wat er I'lin- cern elected to file for its claims under the Legislative Act of 1891. The lum ber coninanv maiiiLaiiud that the dit.-h company was strictly bound by all pro visions oi mis law. out mat il tailed to proceed with sufficient diligence, under these provisions, to hold t fu water rights claimed, lhe claim is laid that the ditch company complei. d its ditch in 1901, and that in 11105 the lumber concern constructed a dam fur ther down the stream and thus gave notice that it would.use the waters of the stream for development of ower. At that time, the lumber company de clared, the ditch concern had devel oped, a.system that would carry only 1100 inchea of water. The East Fork Irrigation District, however, claimed that the original filing was made on the stream under the act of 1891, mere ly because of convenience of the for mal proceedings provided. It wan maintained that the company never ex isted for the purpose of sale of water for profit but that the original claim ants were organized as agents for the land owners of the entire East Side district. In disposing of the case the court say a : After proper consideration this court believes that the contention of the Irrigation District is one that should be sustained. The historv of the attempts to appropriate water from the Kant Kork ,.f H, r i v . . I show that long before November. ISttj efforts were made by early settlers to I obtain this water. These earlier ef forts were futile, due to the immensity of the undertaking and the lack of sufficient material resources in a pio neer community. Kirutilv these ruhxr attempts culminated in the formation ui iir ixi-ii rur irrigating V aj. wnicn I made the filing involved in this case. it was apparent that the aim or all the settlers was to obtain this water for beneficial use to irrigate the well de fined area of land known as the East Side." Judge VYilaon affirms the findings of the Water Board in allowing the irri gation concern ita full claim, although at a time in the biatory of the ditch, apparently, it was owned privately by t . K. Bone, pioneer in orchard devel opment. Judge Wilson aaya: "The deduction seems proper that the character waa not changed by the sale and transfer to Bone. The irriga tion system waa in desperate situation at this luncture It nailit iro m fur. ther for lack of nxana. Failure rwsi. I i: a li h i irnnnulhin m..,. - , . r-. r-- ,.,,, 1 1 1 ti y be made by one for the use of another. 1 wo, that it may be made for use upon lands which he does not then own, or which he does not contemplate owning, and which he never does own 1 hird, that the original intention is valid and will support an appropria tion auerwari s comn eteil. it it ,-i.r,. template that the water filed upon for use upon certain lands then definitely had In mind, and it be reasonably an ticipated that when the ili verwinn to ultimately completed and the water is ready for arm u-ation to that land r other land or uses which have been substituted for the originally consid ered and intended land, such land will be then, or within reasonable ,h' .... thereafter ready to receive it." 'As to the dillmnea cnntpmnltri oy tne case or the Nevada Ditch Co.." says Judge W ilson, "there is no ques tion in the court's mind but that such iiligence was used by the irrigating company, when all the exigences of a new and undeveloped ennntrv are nn sidered." In the second contest the Pai-ine I'ower & Light Co. claims to have se cured full title, through previous own ers, the grants having been made by the United States government, prior to the Desert Land Act, applying the principle of appropriation, to two tracts of riparian land. Thev claim the right to the full flow of tha a roam through their lands. The power con- ern declares in its contention that ita requirements at certain seasons of the year wil demand the entire nw nf the river. The East Fork Irrigat iny -Co., however, contends that the quan tity of water that a riparian owner is entitled to is measured by the amount which was boinc actuallv annlied In . benefiical use at the time appropria tions are made by others or to such use as is in reasonably immediate contemplation. If the claim of the bower comnanv be sustained." savs the court, "it will take all the water in the stream and the canals of the irriomtiiur nnin i.-m . , will go dry. This court is unwilling to ontribute to such results: neither iliu it believe such to be the law as applied to the situation in hand: nor dnp it think that the appelate court would so leclare. "In semi-arid regions the uses fos which water is desued, and its conse quent value, have so enormously in- reused in recent years, that the courts have been comiielled, in order to be consonant with principles of iustice. equity and rieht dealinir. to modify earlier decisions and read'ust then to vastly chapped cnr.ditmns :'.nnrt have no power to legislate but situa tions arise which reouire the extension ' 1 1 equitable anl liberal rules so tar as t can possibly be done. Such a situa tion is presented in the insant con test." The power company's maximum quantity of water at its Tuckers liridge plant is limited to (M0 second feet, while it is awarded only MO feet at the I'owerdale plant on the Lower river. In the third contest, the Glacier Irri gating Co. maintains that the Oregon Lumber Co. was u trespasser on the Last rark of Hood river, in construct ing a dam and appropriating water for use in drivini: an electrical eeneratnr providing entrgv for a .-awmil at )e because Of failure Lo post notice of its appropriation. Ihe Water Board in ts order of deter! mnation allowed the Oregon Lumber Co. ':12 second feet of water and set the rights of the lumber ompany prior to those of the Inner Valley irriL'aliliL' concern, aud .lodir.. Wilson confirms this finding. Ihe claim wan made by the irrigat ing concern that the lumber ramnunt was making wasteful use of the water. On this point Judge Wilson says : ' this case has been under invest i- agtion bv the State Water Board f..r several years. The board has had the .ssistance of the state tne-ineer and other technically experienced men; it lias caused extern led ditaiei uwesti. gations to be made of the duty of wa ter, and the amount necessarily al- owed for waste. As a result of these xtended investieatioiw. made hv tch. nically trained experts, it has estab lished the amount of water for h umber concern. For this courtlto Hel aside that finding and to substitute other figures would be to place the court's own judgment, not trained in engineerirtL' problems, over and ulw.v.. the judgment of men who have made a lie- ' ' " . . .... ine siuiiy oi intricate problems ot this kin). It is the duty of the court to lecide the law but it should be slow to nter the realms where minds techni cally trained along complex and intn caie mecnanicai problems govern, tor such reason the Badinga of the Water Board en this phase of the question will not be disturbed. In the final contest the decision nf Judge Wilson is at variance, at the only point in the adjudication, with the cuaie water isoard. l r latter body set the cUTjtLrc f tfit Mount lintel of Great Merit Teachers Aid Club Workers Indications, according to County Su perintendent Gibson, who throughout the year has been keeping tab on work of students in all school districts, point to the award of many honors to th boys and girls of the Farkdale district at the annual industrial school fair, which will be held at the high school Saturday. September 24. The Farkdale pupils, Mr. Gibson says, have engaged in the most varied club work of any school children of the valley. A gar den and potato club, under leadership of ft. O. Benthin, pastor of the Park dale United church, are ready with ex ceedingly meritorious exhibits. The boys are endeavoring to secure seed certification of their potatoes before the fait; is held. Mrs. R. J. Mclsaac has charge of a girls' club engaged in sewing. A can ning club is also doing good work. Last year the students of Cascade Locks captured more premiums at the school fair than any other school. While the project work of students of the Highway town this year is meri torious, it is declared that it is less ex tensive than last season. Manual training exhibits will be made. The Frankton district is showing up well with sewing and poultry club. Mr. Gibson says the city school chil dren, while they will display meritor ious exhibits from class room work, do not participate to the ovtont thou should in club work. He declares that the city children should engage in gar dening. The Barrett schools have a sewing club of about 30 members and an en thusiastic canning club. Odell has sewing, baking, cooking ituu gnruening ciups. The Mt. Hood district has a sewing club that is expected to shine at the fair. The Pine Grove district is engaged in some wonderful work in Kpwiniy urwl cooking. Mrs. P. B. Laraway has been in charge of the work. Mr. Gibson says the district has a club that is. a wonder. Seventeen are members of the drawing club. Oak Grove, with Mrs. Dorcas Hu- kari in charge, has a cannino- tvam that hi.ti been meeting semi-monthly. A poultry club will make a fine exhib it. John Annala, young rancher of the district, has been aiding the prospec tive exhibitors. At Dee Hewing and poultry clubs are arranging for meritorious exhibits. Mr. Gibson says that various individ uals from all parts of the county will participate in the fair. All exhibits must be left until tha close of the fair. The two hoys and two girls securing the highest scores in club projects will be given liee trips to the slate fair. The winners of these trips will not be given other prizes on their exhibits. The canning teams winning in the local contest will be given a free trip to the state fair to enter a similar con test for state-wide honors. The win ners of this local canning contest will !e given no other m-izeii on their u;in. ning exhibits. The one or two room school having the best booth in this fair will be given a school prize of $5. The three, four or five room school having the best booth will be given a school prize of $10. ODELL MARKET ROAD PAVING IS OPENED Water Co., the systen land around Mt, H 1,331 acres. Judge the . ights of power am cerns claiming adv r and reduced this irriga acres, to protect, as h ready covered ty water a: Geo. R. Wilbur, sccre torney for the East Foi District who baa leen in tbe litigation su e ita ori that be ia well pleased wit court decision. Ernest C. Smith, who various clients in the liti that at the present junct not desire to make any sta which covers Kstolfice, at ilson declared rrigsting con y were prior area tq 433 tated land al- stems, tarv and at- re presented ration, says ire he does cment. The newly completed stretch of con crats paving laid in the Odell district by the United Construction Co. waa opened to traffic Tuesday. The new paving, laid at the end of about a quarter mile link placed last vetr, is alilirn.ximatelv a half-mile Inner An : : j - f- approximate three-quarters of a mile of concrete navintr laid in th PinA Grove district the past summer by the l ortlaiul contractors was opened three weeks ago. Both sections of concrete surfacing were placed on county high ways leading beside fruit shipping warehouses in two of the valley s heaviest producing sections. The county court has already 'aid the Portland contractors $37,K8.84 on the paat summer's road work, con ducted under the Market Road Bill. Ten ier cent of the fund due were withheld until all formalities of ac ceptance were completed on the part of the county. The cost of engineer ing and incidental exjienses on the two links of market road reached $Mit. 71. Carroll M. Hurlburt has had charge of the road work for the county. WASHINGTON APPLE PRODUCTION HUGE Nearly half the total the United States tf come from the orchard Washington, accordinf mates from all the stat a bulletin n which out by H. E. ;ight agent of apple crop of is season will ards of Oregon and ling to crop esti itates of the union, has lust been tent Lounshury, general the O.-W. R. ft N. regon, Washington, 1 California makes the total, and in which beads the rrop. tal for the Gravenstein Crop Is Fine t rews of picker onday of a crop o! acre tract, o 1 imated to be owing to fail m states, and n the mmintr to be an exceptionally apple grower? in con for in this dittr Tbe appt Boneboro in per Vallev. Hood River While I now," says price, I can return Mr. 1 much lower than in li... lkfl.i..luuil I unp iiiiuiiliivui . I r . gan tne narvest because aw this : . r -'.-in- on BlMSBMSI . mrr. : ?o ny Burt Van J prosperous one is declared, is tbe the Northwest. riety ever grown lo 19180 the total for the courtly was) ao.jsw.i' ouxes, ana lor this season it is estimated at 14,922.000 boxes. The 1921 estimate for Washington ia Ca.ifomia !. 112. . Oregon 960.000. Idaho 71, ("00 and Hon- una ill , uuu poxes. New York ranks With 9 M4M llll hr.a.a Oregon berng third sski foawtfc. the tract, located at iwer edge of the Up een sold through the not at liberty jast astner. "to give the tat it is one that wil orn a niee profit." in the list