The Hood River glacier. (Hood River, Or.) 1889-1933, November 23, 1922, Image 4

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nOOD RIVER GLACIER, THURSDAY, NOVEMBER 23, 1922
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V fUJf -) pacific!
I r i Jtffm rsS.- stumping i
' ylf 11 K P0WDEB 'fl
r per aoimi
4. :mm
Slumping Costs Are Lower This Year
Local results have proved that Pacific Stumping Powder will clear
one-half more land per dollar than other standard stumping
powders.
You can buy enough Pacific Stumping Powder to clear an acre and
a half this year for the same price you formerly paid for dyrta
mite enough to clear one acre.
Last Spring actual experience in this district proved the non-freezing
and non-headache features of this unequalled stumping powder. We
expect a big demand for Pacific Stumping Powder this season.
Order yours today.
R. J. Mclsaac & Co.
PARKDALE, ORE.
Hood River Spray Co.
HOOD RIVER, ORE.
NON-HEADACHE
ii Mk-3 11 11
NONtFREEZINO
STUMPING POWDER
E. I. DU PONT DE NEMOURS & CO., Inc., PORTLAND, ORE.
MRS. RUFF WINS
IN LAND LITIGATION
A deciHion adverse to th plaintiff
just rendered by Judge Wilson in tne
case of the Western Finance Company
versus Fannie E. Kulf, wherein the
company sought to clear the title to
orchard lands, in which the defendant
asserted an equitable mortgage claim
based on inchoate dower rights, con
pled with a contract for this tiansfcr,
has attracted a widesoread attention
among attorneys of llood River and
Wasco counties. Because of the devel
opment of points that may become a
precedent in ths cluss of cases, the
decision is expected to be viewed with
interest generally by the legal fratern
ity. In November, 1919, while the de
fendant was then the wife of G. C.
KutT, the latter deeded the land in
volved to W. It. KaBer. The wife,
however, failed to sign or execute the
deed. In January, 1121, while marital
relations still existed between Mr. and
Mrs. IlufT, Mr. Kaser, in order to ac
quire the wife's inchoate dower right
agreed to pay her $3,000, provided she
would execute a deed for su-h right.
The instrument, which contained a
clause prohibiting transfer of the prop
erty by Mr. Kaser for a period of two
years covered by it until the obligation
of the $3,0u0 was satisfied, was depos
ited in escrow. The contract was
placed on Hood River county records.
In March, 1(.)21, Mrs. Kuir secured a
divorce from her husband. In May,
VJ2'd, Mr. Ka&er transferred the land
by deed to the plaintiff company.
The case was brought to an issue
when the plaintiff demurred to an an
swer set forth by the defendant, who
contended that the agreement raised
an equitable morgtage and that the
plaintiff was not an innocent pur
chaser, since the contract was a mat
ter of record.
Judge Wilson in his memorandum of
decision says :
"As the court views it it does not
make any difference what the marital
status of Fannie E. Kulf became after
she signed the deed and placed it in es
crow. It is true that afterwards a
divorce was granted her and her hus
band, but this does not in any way, as
the court views it, relate back and
change the status of Mrs. Ruff at the
time she signed the deed. Theie is no
law that would compel her to remain
the wife of G. C. Huff until Kaser
completed his payment to her. There
fore this court concludes that there
was a valuable consideration for the
agreement between Kaiier and Fannie
ri KutT; that she had a valuable right
which the law recognized and which
she could convey and that the subse
quent divorce did not in any way de
stroy or affect this right."
"While the agreement," said Judge
Wilson, commenting on it as an equit
able mortgage, "does not conform to
all the formal requisites of a real es
tate mortgage, jet the provision there
in that no conveyance should be made
by Kaser of the property until the ob
ligation to Mrs. Ruff should have been
paid cannot otherwise be construed
than as an attempt to secure Mrs. Ruff
by the land for the payment of the
money."
Glacier oflice makes rubber stamps.
STUMP BURNING DEM
ONSTRATION NEAR
Cooperating with a committee of the
Mens' Forum of the Upper Valley
United church, Gordon G. Brown, has
tentatively arranged.for a stump burn
ing demonstration to be held near
I'arkdale December 9. The arrange
ments for the local demonstration were
made following a communication from
Prof. Scudder, of the Oregon Agricul
tural College.
Development of effective means of
burning the stumps of much logged off
land in the Upper Valley and Dee com
munities will, it is thought, result in
much land clearing activity. Mr.
Biown attended the community meet
ing at I'arkdale Saturday, urging on
the citizens there the necessity of 100
per cent cooperation in making the
demonstration effective. His sugges
tion received unanimous endorsement
Lang Stove Wins Testimonial
II. S. Braakman, who handles the
Lang stoves for this county, on enquir
ing for former users of this new
kitchen convenience, learned that Mrs.
C. 11. Clymer owned one of that make.
Mrs. Clymer, who purchased her stove
last April, has authorized Mr. Braak
man to use her name in giving the
Lang a good testimonial. If any one
will call Tel. 4G49. Mrs. Clymer will
be glad to give the Lang a good word
in person.
The Glacier office carries butter paper
PLANS - PLANS - PLANS
We have PLANS of every description. Everything that would
need a plan we have.
The man who builds without a PLAN builds without a thought.
The modern up-to-date professional man uses a PLAN either on
paper or in the mind. The physician or surgeon must have a
PLAN of the human anatomy to properly d iagnosc the case of
his patient. The lawyer in his plea points out to his jurors
a picture of the PLAN by which he expects to win his case.
The preacher paints you a picture in your mind's eye of that
house not built by hands toward which we are all journeying.
And so we come to you with our PLANS studied by expert
architects and contractors after years of experience.
Come and inspect our free PLAN books.
Phone 4121. That's our self-starter.
Tum-A-Lum Lumber Co.
Rubber Stamp Ink at Glacier Office
MRS. DERR DENIED
CHILD'S CUSTODY
Mrs. G. Weslev Derr. of Portland
who recently asked by motion, which
called for modification of a decree of
divorce granted a former husband, Leo
C DeSpain, in the summer of 1919, for
the custody of a seven-year old aaugn
ter, Evelyn May DeSpain, has been
denied the appeal by Judge Wilson
Argument of the motion and the tak
ing of testimony to support contentions
of the parties to the divorce case came
before the court here week oeiore last,
Mrs. DeSoain cited a stipulation en
tered into between herself and her
former husband at the time of the
divorce, wherein she agreed to allow
the father and stepmother of the hua
band, who reside at Silverton, to take
care of the child until such time as she
might be able to show that it would be
to the best interest of the child to
make a further order in the matter,
She supplied affidavits stating that she
and her present huBband now have a
good home with the parents of the
husband. Mr. and Mrs. G. W. Derr. at
627 Kearney street, Portland, and that
she wa8 in position to give tne child
the best of care.
The husband, however, interposed
affidavits and testimony to the effect
that Mrs. Derr was now on her third
matrimonial venture. It was shown
that she was married to Harry R,
Keele in, Spokane within four month
after the divorce from Mr. DeSpain
The testimony was to the effect that
she was divorced from Mr. Keele in
Multnomah county in September, 1921
The wedding to Mr. Derr, it was cited
occurred last August.
the affidavits of the husband also
showed that the home of the elder
Derrs was occupied by about nine dif
ferent persona. "It is further unques
tioned in the testimony," cays the
memorandum of decision forwarded
here by Judge Wilson, "that this fam
ily residence is next to a private hos
pital or sanitarium conducted by the
elder Mr. and MrB. Derr. Ihe insti
tution is undoubtedly a reputable con
cern but it appears that alchoolic cases
and drug addict cases are there
treated. The hospital is in the same
yard with the residence and distant
about o5 feet. The mother of the child
and her husband have apartments in
the residence.
Judge Wilson, in comment on the
treatment of the child at the DeSpain
home in bilverton. stated that the tea
timony showed that the little girl was
happily situated and in excellent sur
roundings. Judge Wilson in summing
up the case said :
I here are two considerations which
seem uppermost in leading this court
to a conclusion :
"First It is my belief that this ap
plication is brought too soon. It can
be said, fairly, that the moher has not
been happy in her matrimonial adven
tares. In eight years she has been
married three times, two of which
marriages have turned out unfortu
nately and divorces obtained. Her
last venture began in September of
this year, about six weeks before the
application to change the decree was
made. While this court is hoping that
her last marriage may prove a happy
one, yet, it is too soon for anyone to
say whether or not such will be the
case. If it should turn out that the
last marriage will prove unhappy then
a positive wrong has been done this
little girl by taking her away from
congenial surroundings and placing her
in a position where more buffets are to
be received.
"I do not feel that under the circum
stances a court of equity sitting with
conscience as its guide would have the
right to sever abruptly the apparently
happv surroundings of the little girl
and to transfer her from a pleasant
home in a small country town, which
is preferable in the court's mind for
the raising of a child than a large city,
to an uncertain and possible temporary
home in a large city, the risk would
be too great for me to stand sponsor,
having as my sole consideration and
none other the welfare and best inter
ests as well as the happiness of the
chilJ. It would have been wiser for
the defendant to have waited for at
leaf t a year before making this appli
cation and then it could have been told
more certainly whether or not the pro
posed home of the mother would be a
permanent one.
becond In addition to the above.
and resolving all doubts mentioned in
the foregoing paragraph in favor of
the mother and her marriage, 1 am not
satished that the home which is offered
is a suitable one for a little girl.
The court has endeavored and
wishes it now made plain that there is
no reflection in the slightest degree
upon the moral character of the mother
and no such hint was given in any of
the testimony. What was said about
her unfortunate marriages was taken
simply to show the uncertainty of such
ventures and not to reflect in any way
upon her womanhood. It is the wel
fare of the child which gives the court
its only concern.
Judge Wilson rebuked both parties
to the contest for their alleged appar
ent selfishness in the court proceed-
nga. Lacb side, he said in the mem
orandum, was eager to claim and en
force its idea of possession without an
unselfish concern for the welfare of
the child.
St. Mary's Catholic Church.
Daily Maps. 7 a. m.: Sunday, 8 and
10::J0 a. m. ; On first Sunday, only one
.Maes, at 8 a. m. ; first Iriday. Mass at
a. in. : taturdav at 9 a. tn., instruction
for the children. General Communion
Iav, first Sunday; Communion day for
children, third Sunday.
I'arkdale Church Mass and I om
munion Service at 10 a. m. each First
undar. Franciscan Fathers,
Tel. 3132 7ly Seventh Street.
Riverside Church
A comradeship of worship and service.
Sunday tt hool 4 a in.
Morning worship H a. m.
Yoanjt peoples met-ting 7 p. m.
Sunday Kveninrluu-7:45, 1st and 3rd
Sundays Noveml'cr to March inclusive.
Midweek Bible lecture Thursday even
ing at 7 ::i0.
Other nitviings suljett to special announcement.
Asbury M. L Church
Minister. Gabriel Sjkes.
Epworth League at 6.30. Topic,
"Partnership With Christ." Helen
Goodpasture, leader. Sermon at 7.30.
Hook of Kevelationa, 'The Parties
in the World Conflict"
Lutheran Cturch
Services begin at 11 o'clock. Sun.lay
Mt-.ool at ?.4.". An illustrated lecture
Sunday evcrirg at 7.30 on "Creation
and Fall." Tr.ar.kseivirg Day services
at 11 a. m. Y. P. S. xil at 8 p.m.
t'hu'ch sale Dec eater 9 at the Book &
Art Store.
P. HilgenJoif, Pastor.
1 . -ir n-ri io on Vt.in and pre
h.g. Merer & Lraieao. Tel. 1011. olii
Thanksgiving is drawing near,
for that occasion we quote:
New Raisins, both Rinds, 3 pRgs for - 50c
45c
35c
35c
25c
27c
45c
25c
New Currants, 2 pkgs. for - - "
Walnuts, No. I California, per lb. -
Almonds, per lb.
Heinz Mince Meat, buIR, per lb. -Libbys
Mince Meat, per lb. - -
Heinz Plum and Fig Pudding, per lb.
Eastern Cranberries, per lb. - -
Another Accomodation:
MEADOW BROOK FARM BOTTLED MILK
Money Spent at This Store
Remains in Hood River
Grange Co-operative Store
Telephone 2151
Apples Keep Longer
when wrapped with
Sunset Oil Apple Wrappers
Highest oil solution wrapper offered. We have them in
stock. It will pay you to try this out. Apples
keep longer also reduces scald to a minimum
according to experiments.
Kelly Bros. Co.
Finest of Bread and Pastries
Made by the HEIGHTS BAKERY.
Bread at 8 and 12 cents per loaf; Parker House Rolls, 20 cents
per doz. ; Cinnamon Rolls, 20 cents per doz.
Pies of AH Kinds, 25 and 30 cents each.
We are well stocked with goodies for the Thanksgiving Dinner.
Call us for anything in the eating line.
3L. ZHL sua-G-irs T3N4E
Established 1869 jZZL
WW
SGOBEL
&
DAY
General Offices
202-204 Franklin 'Street
New York, N. Y.
C. W. McCULLAQH,
Northwestern Sales Mgr.
Spalding Building
Portland, Oregon
Hood River Office
Klliot Building
Phone 1001
District Representatives
J. ARTHUR RIGGS
PAUL McKERCIIER
APPLE GROWERS
Sgobel & Day maintain a
high class sales force with a
wide acquaintance among
buyers.
We give a cash advance,
payable when you want it.
Immediate returns in full
on completion of the sales.
An American concern'selling
apples all over the world.
A reputation and rating
second to none. No pool
ing. Your fruit sells on its
Order your Personal Greeting:
Cards for Christmas early.
Wo have a stock on hand.
THE BOOK AND ART STORE
HOOD RIVER, OREGON
BATTERIES
for your Car
$17.45 and Up
Investigate and save money
Willard Service Station
MAX L. MOORE
9 OAK STREET
Telephone 1122
NEW STUMP BURNER
SHOWN IN PORTLAND
A new stump burner method of land
clearing was shown in the Oregon Ag
ricultural College display at the 1'acihc
International Livestock Exposition in
Portland last week. A huge stump
with its complicated root system, ap
pliances, and explanations of the
method were on exhibit. This method
has been under investigation bv the
Oregon Experiment Station for the
past seven years. Many visitors in
spected the exhibit and the many ques
tions asked have shown the interest
aroused.
The stump exhibit showed the mas
sive root system usually hidden below
ground, and the method of applying
the Zvsset burner In destroying the
tumps and roots complete. A series
of illuminated photographic transpar
encies showed each step in the process
and tne conclusions ot the experiment
station regarding the cost and prac
ticability of the method.
Ihe stump alone weighs nearly
4.000 pounds and is typical of thote
found on thousands ot acres or agri
cultural land in the Pacific Northwest,
which now may be successfully cleared
ith this new burner method, says
rot. bcudder.
George W. Cable, of the O. A. C
extension service, will start demon
tratine the new method some time
this month in the stump land counties
oi Oregon.
Lcroj flildi is Oonored
Leroy Childs left last week for Coun
il lilutfs, la., where be was called to
deliver an address on the development
I spray machinery for the control cf
insect and disea.e pets of apple and
pear orchards. Mr. Childs, who was
designated to represent the stste of
Oregon at the Iowa meeting, has be
come recognized nationally as an auth
ority on spray materials and their ap
plication.
First CbarcH cr ttrist. Scientist
Services will 1 held in Church
r.j;M;njf,PtlianJ r.r.srrne, Snndar. 11 :tX
m. habiect: Ancient and MtxSf-rn
Necromancy, a'aas Me?snenm, le-
rjonnced.
Snn 1a School at 11 a. m.
Vxlne!iT irvK, 8 p. tn.
The red;nt room is open daily from 3
to b p. m., in the CLnrch.
Georgia Minstrels Win Plaudits
The Georgia minstrels, presented last
Thursday night by Manager Kolstad at
the Rial to theatre, won general plaud
its for their music snd harmony. The
aggregation of colored funmakers and
musicians was declared the best of its
kind ever presented here. Manager
Kolstad received commendation for the
presentation of the high class perform
ance, and the succers of the Thursday
night appearance augurs well for other
high class road shows scheduled for
presentation here this winter.
Portland Steamers
DAILY SERVICE
Lv. Hood River 9.00 a. m. daily,
except Monday.
Lv. Portland, 7.15 a. m. daily,
except Sunday.
Fare to Portland, $1.00
Daily Service Portland to Astoria.
The Harkins Transportation Co.
JACK BAGLEY. Agent.
as
Autos Burn!
The car and garage that is
not protected from fire mav
mean thousands of dollars
loss. Buy complete insur
ance here.
Hartford Fire
lururance Co.
poUciei coiff
practically o rry
hOMH risk.
Mai r a memo no:c
to tthhone
2804
R. E. SCOTT
Hood River, Oregon
G. L. DAVENPORT
Grower and shipper Apples, Pota
toes, Onions. Seed Potatoes true
variety "The Best that's Grown"
MASK
All kinds of Produce solicited.
147 Front St. PORTLAND. ORE.
Z-ip! She's started I ITrst
ingboDe Attmlioa does prp
p a haftrry. Bring yours
here for recalar tenl
snonthly inprtioa, no mat-'
ter what make it is. o LU
f at ion.
WISTINGHOUSE
BATTERIES
Gibbs' Battery Station
Tbrj-rt Tt. T-- r
!0f? otinaooi service :30 A. M.
to 11 P. M. ui