$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