The Hood River glacier. (Hood River, Or.) 1889-1933, 1911-09-14
JURY'S VALUA-
TION is $32,44l
THE WITNESSES ESTIMATES VARY
City Government Will Abide BY the Yer
dict, but Attitude of Opposing
Counsel is Toward Appeal.

After a four days session Of the
Circuit Court here last week. the jury
IN the condemnation case of the City
vs.. the Pacific Power q Light Co.,
after deliberating for about five hours,
reached a conclusion and placed the
value of the water plant in question at
S32, AL.
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 at figures varying between
$50, 900 and $4,000 while the city's
experts, figuring the worth of the
plant to the city, placed its value as
low as $ll, 900 The testimony was
completed Thursday night and Friday
until the middle of the afternoon was
given over to the pleadings of the
attorneys.
a brief summary of the testimony
offered by the different witnesses
appears below:
The chief expert testimony Of the
city was offered by l.. G.. Kelsey and
+. A. Taylor, both hydraulic engineers
of broad experience. The former has
been consulting engineer of Salt 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 SYSTEMS in the
New England states. At present he
is experimenting the construction of
Portland s new Bull Run water system.
MIR. Kelsey and Mr.. Taylor prac-
tieally agreed as to the valuations.
Both estimated the value of tho plant,
as going concern, to the city at
Sli 900. While they placed replace
ment value, exclusive of the real
estate, at $4,000. 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 contain
ination. The condemnation by the
State Board of Health had its effect.
They figured from the general utility
and the structural features of the
plant. Both claimed that it was not
efficient as fire protection for the
city.
Hood Rivers present source Of
water supply carries colon bacilli, the
germ always found accompanying the
typhoid germ, and may at any time
precipitate on the inhabitants an epi-
demic of typhoid fever, according To
the testimony of DR.. Yenny, DR..
Andrew G. Smith and DIR. Calvin S.
White, members of the State Board 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 Board of
Health last year condemned the source
of supply.
In order to determine the value of
the real estate involved in the suit
llumher of the rlost experienced local
raal estate dealers were called on to
teIify. w. j. Baker asserted that
the reservoir sites. exclusive of the
rights of way were worth on a conser-
vatiye estiplate, 2,600. c. X. Bone
placeS nsi the real estate figure of
81, 800. Mr.. Bone testified that he
could not see how any one could place
any value whatever on the right of
way, as such, to company making
use of it.
DR.. W. S. Nchol estimated the value
of the land at "A price ranging from
81 500 to $1,000. On cross eXamina-
tion, the power company's attorney
asked DIR. Nichol 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, Dir. Nichol2"
asked the counsel. "lndian Runner
ducks, was the prompt reply. they
wouldn't require so much water.
j. NJ Schmeter, who was placed on
the stand as an expert real estate wit
ness for the power company, placed
the value of the real estate, including
the rights of way, at SO, 600.
A. S. Hall, the Pacific Power a
Light Company's local manager, was
called by the company's counsel. He
testified that the company found it
necessary to shut off the water at
nights in the summer time, because of
the fact that patrons of the system
made such a use of it at night for irri-
cation purposes that it was impossible
for the company to fill its reservoirs
and have a reserve for fire protection
and to supply the needs of the day.
Engineer Henney, who has been in
the United States service, by deposit
tion valued the system, excluding the
water rights, at $45, 900. Including
the water rights, he placed a value of
$50, 600 on it. A. l.. Adams and j. G.
Kelly also testified as to the value for
the company. The latter, including
the water rights, found a value of $69.
600. While the former, including the
water rights and the real estate,
placed the valuation at SSl 900.
The instructions of Judge Bradshaw
to the jury were as follows:
''In arriving at the value of the
property sought to be taken by the
City of Hood River, you are to find the
present market value of the property
as a whole or single water system;
and in so valuing the plant every
element that affects that value should
be considered by you and each part or
component spart that goes to make up
the system should be considered in its
relation to the whole system.
"By market value is meant 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. II is not what could be
obtained for the property under pecul-
lar conditions when a greater than its
fair price could be obtained, nor its
speculative vaiue, nor the value oh
tained from the necessities of another.
Nor on the other hand is it to be lin
tied to that price which the property
would bring when forced off 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