The Hood River glacier. (Hood River, Or.) 1889-1933, 1910-10-13
INJUNCTION SUIT
HEARING Is SET
IN FEDERAL COURT OCTOBER "a.
Van Horn Complaint is an Effort TO
ObStruCt Municipal Water Plant
By Private Company.

IHt 9JOyuVu bOuu issue case was
called in the Federal court in Portland
Monday by Judge Bean and at
the request of Jesse Stearns, attorney
for the defendants, the hearing was
postponed for two weeks until Monday
October 4. The continuance was asked
for in order that the time might be
had to prepare the case for full
presentation, SO that it could be speed
lily closed when it came up.
The injunction was granted as a
temporary order as a result of com
plant filed III the name of Burt Van
Horn, nonresident. According to
H. f. Davidson, who swore to the
complaint, Mr.. Van Horn knew moth
ing of the details which it contained,
but had merely given permission to use
his name. Coming from Davidson,
the whole move is clearly an attempt
to block the proposed municipal water
plant in order to protect the present
system in which he is interested.
The complaint alleged that because
the Indebtedness of the city was above
the present legal limit, the funds to
be derived by the bonds would be used
in reducing the indebtedness.
In speaking of the city's indebted
ness. City Attorney A. j. Derby said
to the OregonIan:
There is an excess Indebtedness in
Hood River, but when it is understood
that it was caused by the insistent
demands of the farmers in the valley
for good roads on the east side of the
river, there does Snot appear to be a
crime about it. 1t cost $4,000 to build
a portion of the road which was de-
manded 1t was located through a
narrow cut. Hood River widened the
place.
"If the city street improvements
were demanded they could not be
supplied at limit of revenue Of $4,000
a year as prescribed by the charter.
Steam rollers were purchased and also
steam equipment valued at $1,000 for
the laying of streets. The cost the
property-owners more than $4,000 on
bonded Indebtedness, in paying off the
constructors who put down the pave
ments. But to secure the money, the
city was required to take up some of
the bonds issued under the Bancroft
act. In that way perhaps we have
exceeded the $4,000 limit on the city in
debtedness.
In the following statement given to
the Oregonian by the attorneys the
history of the events leading up to the
present suit is outlined briefly:
1.-THE suit of Wan Horn against the
Mayor and members of the Council of
Hood River is really fight between
the Hood River Electric Light, Power
& Water company on the one hand and
the majority of the voters of Hood
River on the other.
"Some years ago the Hood River
Electric Light, Power & Water Com
pany purchased the water plant which
| then furnished water to Hood River
from the private owners for $40, 900.
They have recently been attempting
to sell the water system to the city
for $4,000 and have attempted to
secure a vote of the city for that pur-
pose. The subject has been up for
action by the voters on three occasions
and each time the proposal has been
rejected at he polls.
"Acting on a petition Of l29 legal
voters of Hood River, being more than
half the voters who participated in the
following election, the Council of Hood
| River called an election to authorize
the sale of bonds to the amount of
800, 600, for the purpose of installing
the city's own water system with the
proceeds of the bonds.
"The State Bacteriologist had made
several examinations of the water and
the action of the State Board of
Health had been called for. The State
Board of Health came to Hood River
and DR.. A. c. Smith and DR.. Robert G.
Yenney said at a public meeting that
the water supply was impure and urged
the citizeas strongly to vote for bond
issue sufficient to supply the city with
pure water under municipal control,
and an issue of $50, 900 was voted at
| the election, the vote being no in
| favor Of the bond issue and 80 opposed.
Pursuant to the vote, bonds were
! issued and duly advertised for sale
and a sale Of the bonds was made but
| the purchaser refused TO take them
on the ground Of competition Of pri-
vate system. Since that time H. +.
Davidson, as the largest owner of
stock of the Hood River Electric
| IIlRHIt / OWC' " w dbGI COMPANY lldS
been active in his attempts to sell the
water system to the city.
There is an allegation in the bill Of
complaint that the contract with Kel-
Ter Bros, was a secret one made by
Mayor Mcdonald and City Recorder
Langile. AS a matter Of fact, there
was no secret about it, but the trans
action appears in full upon the min
utes of the Council.
"The real basis of the bill, if it has
any merit at all, is based upon the al
legation that the bonds were not read
vertised after the first sale failed.
And it is really question of the legal
construction Of the charter in that re-
gard. The Hood River Electric Light,
Power q Water Company and II. F.
Davidson are using this technicality
in their own private interests to de-
feat the will of the citizens Of Hood
River"