USA > Washington > Benton County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 95
USA > Washington > Kittitas County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 95
USA > Washington > Yakima County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 95
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192,000
170 Prunes-170,000 crates @ 87c. 147,500
8.700 Apples-6.525.000 boxes @ $1.25
8,156,250
1,750 Peaches-2,100.000 boxes @ 50c
1.050,000
1.950 Pears-994.500 boxes @ $1.30
1,292,850
7 Apricots-7.700 boxes @ $1
7,700
10 Grapes @ $600 per car
6,000
480 Mixed fruit @ $775 per car
372,000
240 Cantaloupes-96,000 crates @ $1.25
120,000
120
Watermelons-1,800 tons @ $20
36,000
13,647
$11,524,300
VEGETABLES
200 Onions-3.000 tons @ $40.
$ 120,000
40 Turnips-600 tons @ $20
12,000
10 Green corn @ $525 per car.
5,250
20 Carrots-300 tons @ $18
5,400
25 Rutabagas-500 tons @ $20
10,000
12 Cabbage-144 tons @ $30
4.320
5 Asparagus-100,000 lbs. @ 121/2c
1
12.500
75 Tomatoes-85.050 crates @ 50c
42.525
10 Green Peppers-200,000 lbs. @ 5c
10,000
20 Squash-200 tons @ $20
4,000
10 Pumpkins-100 tons @ $15
1,500
30 Beans-600 tons @ 6c 1b.
72,000
1
I
1
1
1
I
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HISTORY OF YAKIMA VALLEY
2,500 Potatoes-50,000 tons @ $20
1,000,000
Garden Truck-Miscellaneous 25,000
2,957
$ 1,324,495
HAY
9,353 Alfalfa-140,295 tons @ $21
$ 2,946,195
12,000 tons fed to stock in transit @ $15 180,000
$ 3,126,195
GRAINS
546
Wheat-764,750 bu. @ $1.90
$1,453,025
60 Oats-84,000 bu. @ 80c 67,200
44 Barley-61,600 bu. @ $1.15 70,840
650
$ 1,591,065
HOPS
158 3,000,000 lbs. @ 12c $
360,000
LIVESTOCK
1,015 Sheep @ $2.750 per car
$ 2,791,250
240 Hogs @ $2,700 per car 648,000
210 Beef @ $2,200 per car 462,000
40 Cattle, breeder's stock, 1,000 head @ $125 125,000
40 Horses, 880 head @ $150 132,000
6 Poultry-90,000 lbs. @ 211/2 19,500
1,551 Total livestock $ 4,177,750
LIVESTOCK PRODUCTS
72 Wool-2,300,000 lbs. @ 45 $ 1,035,000
16 Hides, pelts and tallow
190,000
88 Total livestock products $ 1,225,000
DAIRY PRODUCTS
233 Cream-350,000 gallons @ $1.20 $ 420,000
30 Butter-1,200,000 lbs. @ 45c 540,000
8 Cheese-300,000 lbs. @ 25c 75,000
75 Condensed milk-1,500 tons @ $200 300,000
346 Total dairy products $ 1.335,000
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HISTORY OF YAKIMA VALLEY
SUGAR BEETS
285 Sugar-8,550 tons @ 61/4c 1b. $ 1,068,750
206 Dried Pulp-3,100 tons @ $25 77,500
491 Total sugar beet products $ 1,146,250
HONEY
25 750,000 lbs. @ 113/4c $ 88,125
FRUIT AND VEGETABLE PRODUCTS
635 Enumerated as follows :
400 cars canned fruits
130 cars cider 65 cars dried apples 40 cars grape juice
Value $ 1,277,375
1,500 Lumber $ 1,000,000
31,401
$28,175,555
It may be noted that present incomplete reports for 1918 indicate a produc- tion of a value of $35,000,000. This is for Yakima and Benton counties. Add to this $9,000,000, as an estimate for Kittitas County and we have an output for the entire Yakima Valley of $44,000,000, an amazing total for a region of which the aggregate population estimated on July 1, 1917, was 98,876.
The present estimate of production for the state is about $200,000,000. From this it appears that the three counties of our history, having not over one- fifteenth of the population of the state, have produced over one-fifth of the output.
A remarkable news item in regard to the production of the Yakima has recently appeared in the newspapers, coming from the most reliable sources, the Reclamation Office, which may properly be inserted here:
IRRIGATION BRINGS GOLD FROM LAND
SEATTLE, Wash., Dec. 14 .- Regions in the Yakima Valley of Washing- ton, which were formerly the domains of the rabbit and sagebrush, have pro- duced since the first of 1918 commercial crops valued at $40,000,000, according to estimates made by R. K. Tiffany, project manager in Yakima for the United States reclamation service. The lands were those irrigated by the government.
Under the Sunnyside and Tieton irrigation project alone there have been 120,000 acres under cultivation, Mr. Tiffany said, from which the crop produc- tion realized-$15,000,000-has paid two and one-half times the cost of building both projects.
Now that the war is over, Mr. Tiffany believes the government will go ahead next Spring with the famous high-line irrigation project, which will result in the reclamation of 150,000 acres of waste lands within the next few years.
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HISTORY OF YAKIMA VALLEY
As projected, this irrigation system will extend from Ellensburg to Kennewick and will cost approximately $20,000,000, including the cost of reservoirs. If labor proves available, Mr. Tiffany says 3,000 men will be required on govern- ment reclamation work in the Yakima Valley next year.
Perhaps the most remarkable single item regarding production for the pres- ent year appeared in the "Oregonian" for September 4, 1918. According to this H. R. Wells, of Yakima got close to $30,000 from his forty-acre orchard. He had 18,000 boxes of peaches, the rest of his crop being apples and pears.
BIRD'S-EYE VIEW OF RESIDENCE SECTION OF PROSSER
١
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CHAPTER VII
A JOURNEY THROUGH THE VALLEY-BENTON COUNTY
PROSSER-THE TOWNSITE-ABSTRACT OF TITLE-MUNICIPAL GOVERNMENT IN PROSSER-COMMERCIAL CLUB OF PROSSER-INTERESTING RECORDS FROM PROSSSER NEWSPAPERS-A MACHINE SHOP FOR THE TOWN-THE GENERATOR HERE-CELEBRATION A GRAND SUCCESS: A FLOW OF ORATORY-THE SPORTS- AT THE RIVER-FIREWORKS AND BALL-PROSPECTS GOOD FOR GOVERNMENT IRRIGATION-SOME ADVERTISEMENTS IN "BULLETIN," 1905-CHURCH SOCIE- TIES-SECRET SOCIETIES-SCHOOLS, CHURCHES AND LODGES OF THE PRESENT -KIONA AND BENTON CITY-KENNEWICK: GEOLOGICAL CONDITIONS MAKING KENNEWICK WHAT IT IS TODAY-INDIANS-KENNEWICK DERIVATION-IN 1883 TO 1889-SCHOOLS-IRRIGATION AND DEVELOPMENTS-BUSINESS HOUSES OF KENNEWICK-ADVERTISEMENTS AND "KENNEWICKLES" FROM THE "COURIER"-CITY GOVERNMENT IN KENNEWICK-PETITION FOR INCOR- PORATION-FIRST ORDINANCES OF THE COUNCIL-MAYORS AND CLERKS TO DATE-SCHOOLS, CHURCHES AND SOCIETIES-KENNEWICK COMMERCIAL CLUB MEMBERS, 1906-CELILO CANAL CELEBRATION-AT WALLULA-AT BIG EDDY- THE SMALLER RIVER TOWNS-MAY START DAM BY CHRISTMAS-ASSOCIATED CHARITIES ASK SUPPORT-APPLE HARVEST ON-BASH WINS IN HARD FIGHT- LEMCKE BRINGS IN BIG TRACTOR
We pursued our journey in the last chapter to the eastern border of Yakima County, making our last pause at Grandview.
The splendid country around that promising young city blends impercep- tibly into Benton County. Conditions are essentially the same on our progress eastward to Prosser. During our journey from Ellensburg through Yakima Canon, thence through the central valley centering at the city of Yakima, then through Pohotecute (Union Gap) and onward to Sunnyside and Grandview, we have been dropping by almost imperceptible degrees from an elevation of 1,510 feet at Ellensburg to 741 at Sunnyside. Grandview is on a slight elevation above Sunnyside, 814 feet above sea level, while North Prosser, still on the same gen- eral slight plateau as Grandview, has an elevation of 764 feet. From North Prosser, two miles to Prosser, there is a long down hill over a superb belt of land, to the falls of the Yakima River where the elevation is about 600 feet.
The difference of 900 feet above the level of the ocean between Ellensburg and Prosser makes a marked difference in climate. The steady increase of dis- tance from the snow and ice of the towering Cascade summits has a still larger effect on the climate.
Hence, though general conditions of rainfall, prevailing winds, soil and products are similar, the sum of effects as between the upper and lower valleys represents an increase of about eight degrees in average annual temperature for the lower, and four or even five annual crops of alfalfa instead of three. We find the country eastward from Grandview and Sunnyside to be newer and less
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HISTORY OF YAKIMA VALLEY
developed. The various extensions of the Sunnyside Canal system have been working easterly, and the development follows the canal. It is a perfect poem to see the verdure, the improvements, and the homes springing up along the track of the vitalizing water.
PROSSER
A little to one side of this main body of new development stands the county seat, beautifully located on the south side of the largest fall on the Yakima River and at the foot of the long slope running up to the heights of the Horse Heaven plateau.
Although Prosser is comparatively a new town it is the oldest in the county and it belongs to an earlier and a separate development from the present great system of improvements connected with the Sunnyside extension. The region immediately around Prosser has had over thirty years of existence, and we are not surprised to find large shade trees, attractive lawns and flower gardens, cultured homes and all the evidences of taste and industry. Entering the city, either by the Northern Pacific Railroad or by auto bus from the O .- W. Rail- road at North Prosser, or by the highway in our own conveyance, we receive the impression of a well-built town, a satisfaction to its own people and an attrac- tion to visitors or intending settlers. Visiting the offices of the newspapers, the "Republican Bulletin" and the "Independent-Record" we find the editors, Mr. Tyler and Mr. Sproull, ready to impart information to the limit of their term of residence, which has not been, in case of the former, very long. We find some of the old-timers, as his honor A. G. McNeill, present mayor, or M. A. Ward, or E. W. R. Taylor, several times mayor, or Hon. G. M. Hamilton of a little later day, and others ready and glad to impart knowledge of present or past conditions. The county and city officers are prepared to extend every courtesy to the seeker for illumination in their lines of activity, and a commer- cial organization, now known as the Prosser Community Club, of which E. W. R. Taylor is president and Walter E. Tyler is secretary, has lines of contact with all the activities of the town and surrounding region from which the in- quirer may derive first-hand knowledge.
From the various sources of information we obtain a connected view of the history of Prosser. It appears that James Kinney was the first to make a location on land now touched by the town. His location was made in 1880 above the chief part of the present city, but the residence part at the western end of town reaches his homestead. Col. W. F. Prosser, formerly one of the builders in Yakima, filed a homestead entry in 1882, and that entry covered the main part of the present Prosser.
, In 1883 A. M. Ward, now living on San Juan Island and whose son is known to all in Prosser, filed a location about a mile above Kinney. Mr. Ward was born in North Ireland, lived for some years in New York, and came to Oregon in 1868. Becoming interested in reports of Yakima, he walked through the entire valley seeking a location. Reaching the Kinney location, he declared, "This is where I stop." And there he filed his claim. He brought his family in 1883, the first family in Prosser.
The next year he was instrumental in getting a school started, the first in
813
HISTORY OF YAKIMA VALLEY
Benton County. Mrs. Emma Warnecke was the first teacher in that school in 1884, and the building used was the one now occupied by Mr. Joe Halm. In 1883 and immediately following, a number of new families made their way to the point which the falls of the Yakima evidently marked for a town. During those years the following pioneer residents joined Messrs. Kinney, Prosser, and Ward in the new location ; Nelson Rich, Henry Creason, Carl A. Jenson, George Wilgus, and Fred Warnecke.
THE TOWNSITE
Through the kindness of Mr. W. S. Jenkins, auditor in 1906, and engaged for many years in the abstract business, we are able to give here a copy of some very interesting records pertaining to the original site as laid out by Colonel Prosser, together with some other data of similar nature, which constitute in themselves, almost a complete legal history of the early town. The extracts which we shall give are of considerable length, some of our readers may think unduly so, but the record is such a curious one and constitutes so unique a section of the history of Prosser that it cannot fail to interest many readers.
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Wm. F. Prosser and Flora T. Prosser, have caused the accompanying and annexed Townsite of the Town of Prosser to be surveyed by S. B. Stone on Lots 6-7 and 11, in Section 2, Township 8, North of Range 24, E., W. M. and we hereby dedicate the same with its Blocks, Lots, Streets, Avenues and Alleys as named and with the areas, breadths and depths as expressed in words and figures there- on to the use and for the benefit of the future owners of the said Lots and Blocks of the aforesaid Town of Prosser and for the use and benefit of the inhabitants of the said town.
WM. F. PROSSER. [Seal]
FLORA T. PROSSER. [Seal]
TERRITORY OF WASHINGTON,
SS.
KING COUNTY,
This certifies, that on this 14th day of January, A. D. 1885, before me the undersigned Probate Judge in and for the said County and Territory, person- ally appeared the within named Wm. F. Prosser and Flora T. Prosser his wife, who are known to me to be the identical persons described in and acknowledged the same freely and voluntarily for the uses and purposes therein mentioned.
AND I FURTHER CERTIFY, That Flora T. Prosser, wife of the said Wm. F. Prosser on an examination made by me separate and apart from her said hus- band, and after I had made known to her the contents of the foregoing instru- ment, acknowledged to me that she executed the same voluntarily of her own free will, and without the fear of or coercion from her said husband.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year in this certificate first above written.
WM. D. WOOD,
[Seal] Probate Judge of King County, in Washington Territory. Recorded Jan. 26th, 1885. KATE W. FEUERBACH, County Auditor.
814
HISTORY OF YAKIMA VALLEY
UNITED STATES,
Grantors,
TO
WILLIAM F. PROSSER, Grantee.
Patent. Dated the 18th day of January, 1887.
Filed for record the 9th day of March, 1887, at 4 p. m.
Recorded in Book "F" Deeds, page 53.
Act of Congress, May 20th, 1862. Application No. 132. Homestead Certificate No. 90. By the President, GROVER CLEVELAND. By M. Mckean, Secretary.
[Seal]
By Robt. W. Ross, Recorder of the General Land Office. Description : Lots 6-7 and 11 in Section 2, Township 8, North of Range 24, E., W. M. Containing 158 85-100 acres.
(Date of record and page omitted in Patent.)
As may be seen from the records the main part of the townsite passed to the Prosser Falls Irrigation Company. This company was related by a some- what complicated series of transactions with the Prosser Falls Land Company and the Fidelity Trust Company. It is beyond the scope of this work to go into the details of these many transfers, but the articles of incorporation of the Prosser Falls Land Company of 1892 and of the Prosser Falls Irrigation Com- pany of 1893 contain matter of much interest, and we include them here. WM. F. PROSSER and FLORA T. PROSSER,
his wife, Grantors,
TO
GEORGE B. HAYES, Trustee,
Grantee.
Agreement. Dated the 16th day of March, 1893. Filed for record the 27th day of March, 1893, at 9:30 a. m. Recorded in Book "Q" Deeds, page 49.
Amount, $20,000. Sell and Convey.
WILLIAM F. PROSSER, [Seal]
FLORA T. PROSSER, [Seal]
GEO. B. HAYES, Trustee. [Seal]
Witnesses : JOHN D. CORNETT. FRANK BARTHOLET. Witnesses to signature of Geo. B. Hayes, Trustee.
CHARLES A. MURRAY. N. C. RICHARDS.
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HISTORY OF YAKIMA VALLEY
Acknowledged the 16th day of March, 1893. By William F. Prosser and Flora T. Prosser, husband and wife.
Before J. D. CORNETT, Notary Public, residing at North Yakima, Washington. [Seal]
Description : Lots 6-7 and 11 of Section 2, Township 8, North of Range 24 E., W. M. The same constituting the original townsite of Prosser-save and ex- cept such lots as have been sold in said townsite prior to execution of this agree- ment : Also save and except two acres of land as near as possible conforming to said plat of townsite of Prosser, and including and surrounding a house and barn and property for $20,000.00 of which $3,000.00 is paid on the execution and delivery of this agreement, and the balance in two years, with interest at 6 per cent. per annum.
IT Is FURTHER AGREED AND UNDERSTOOD, That upon the payment to first parties of 60 per cent. of the selling price of any of said lots, then first party will make and deliver a good and sufficient deed to second party and that the afore- said 60 per cent. of the selling price shall be a pro rata payment on the whole purchase price, and second party agrees to pay all taxes which may become due on said premises.
I HEREBY CERTIFY, That all taxes levied and which have become a lien on the within described property have been fully paid and discharged.
March 27th, 1893.
G. O. NEVIN.
PROSSER FALLS IRRIGATION COMPANY,
a Corporation,
Grantors,
TO
FIDELITY TRUST COMPANY, a Corpora-
tion,
Grantees.
Mortgage. Dated the 1st day of July, 1893, Filed for record the 30th day of Septem- ber, 1893, at 11:45 a. m. Recorded in Book "L" of Mortgages,. page 129. PROSSER FALLS IRRIGATION COMPANY, [Corp. Seal] By James G. VanMarter, Jr., President. Attest : Wm. B. Dudley, Secretary.
FIDELITY TRUST COMPANY, [Corp. Seal] By T. B. Wallace, President. Attest : P. C. Kauffman, Cashier.
Witnesses : GEO. B. HAYES. FRED R. REED. J. B. BEST. FRANK WILLIAMS.
Acknowledged the 29th day of September, 1893. By James G. VanMarter,.
816
HISTORY OF YAKIMA VALLEY
Tr .. President and William B. Dudley. Secretary of the Prosser Falls Irrigation Company,
[Seal] Before FRANK C. REED, Notary Public. within and for the state of Washington, residing at Prosser, Wash.
Acknowledged this 28th day of September, 1893, by Thomas B. Wallace, President, and P. C. Kauffman, the Cashier of the Fidelity Trust Company.
[SEAL ] Before F. L. DENMAN. Notary Public, in and for the State of Washington. Residing at Tacoma, Pierce County. STATE OF WASHINGTON,
COUNTY OF YAKIMA,
SS.
I. James G. VanMarter. Jr., being first duly sworn, depose and say: That I am the President of the Prosser Falls Irrigation Company-The mortgagor who executed the foregoing instrument, and that the foregoing instrument of mort- gage is made in good faith, and without any design to hinder. delay or defraud creditors.
JAMES G. VAN MARTER. JR.
Subscribed and sworn to before me this 29th day of September, A. D., 1893. [SEAL] Before FRANK C. REED, Notary Public, in and for the State of Washington, residing at Prosser. Wash.
Bonds to the amount of $100.000.00 issued by order of the Board of Direc- tors by Resolution duly adopted. the issue to be 100 Bonds each in the principal sum of $1.000.00 and made payable 10 years after date bearing interest at 6 per cent. per annum, payable semi-annually ..
Form of Bond and coupons embodied in this mortgage, and to secure the payment of said bonds and interest, the President and Secretary of this Com- pany are authorized and directed to sign, seal and acknowledge and deliver for the Prosser Falls Irrigation Company, and in its name place and stead, a mort- gage in all its property real and personal. bearing date of July 1st, 1893, to the Fidelity Trust Company in trust for the protection of the holders of said bonds.
NOW THIS INDENTURE WITNESSETH: That in pursuance of the Resolution of the Board of Trustees of the Prosser Falls Irrigation Company, as in the preamble set forth, and in consideration of the premises. and for the pur- pose of securing of the payment of the Bonds by said Resolution authorized, and for the sum of $1.00.
Description : The water rights. in and to the Yakima River now owned and controlled by said Prosser Falls Irrigation Company, together with all the rights in and to the said river. hereinafter acquired by said Irrigation Company, whether now existing or hereafter acquired by virtue of an original appropriation, con- tract or otherwise.
Alst all the real estate, and all the interests therein now owned by said Irri- gation Company. being situate in said Yakima County.
Together with all real estate. and all interests therein hereafter acquired, through contracts now made or hereafter to be executed by said Company, for the purpose of amquiring title, or interests in real estate in said County, and all
A
DAM AND FALLS AT PROSSER Indians fishing in the foreground
817
HISTORY OF YAKIMA VALLEY
real estate in said County, and all interest therein, and all improvements there- upon, in any and every manner acquired ;
Also the main irrigation ditch of said Company, as the same shall be con- structed by it in said Yakima County and all branch ditches auxillary to said main ditch hereafter to be constructed, with the gates and measuring boxes, and other arrangements, or devices, through which delivery of water, shall be made by said Company; Also the engines and pumping plant and dams, reservoirs, head works, flumes and all manner of improvements, devices and machinery of every kind and description now in place or hereafter to be constructed, by said Company, in pursuance of the purposes of its incorporation.
WILLIAM F. PROSSER and FLORA
T. PROSSER, his wife,
Grantors,
TO GEORGE HESSELMAN,
Grantee.
Warranty Deed. Dated the 20th day of April, 1895.
Filed for record the 31st day of Jan- uary, 1896, at 9:45 a. m. Recorded in Book "U" Deeds, page 298. Amount $8,689.00. Grant, Bargain, Sell, Convey and Con- firm.
Witnesses: IRA P. ENGLEHART.
NIRA D. BURNHAM.
WILLIAM F. PROSSER, [SEAL]
FLORA T. PROSSER, [SEAL]
Acknowledged the 26th day of April, 1895. By William F. Prosser and Flora T. Prosser, his wife.
[SEAL] Before IRA P. ENGLEHART, Notary Public, North Yakima, Washington.
Description : Lots 6-7 and 11 in Section 2, Township 8, North of Range 24 East. The same constituting the original Townsite of Prosser as duly platted and recorded. Saving and except such lots as have been conveyed and sold in said Townsite, towit :-
Lots 14-15 and 16, in Block 2: Lots 4, 13-14-15 and 16 in Block 3; Lots 5-6- 7-8-9-10-11 and 12, in Block 8; Lots 1-2 and 3 in Block 9; Lots 1-2-3-4 and West 1/2 of Lots 5 and 12, and Lots 13-14 and 15 in Block 12; Lot 15 in Block 23; Lots 9-10-13-14-15 and 16 in Block 24; Lot 15 in Block 26; Lots 23 and 24, in Block 43; Lots 2-7-8-9-10-11-12-13-21-22-23 and 24, in Block 44; Lots 8-9 and 10 in Block 45; Lots 1 and 2 in Block 63; Lots 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16- 17-18-19-20-22 and 24 in Block 64; Lots 12-13-14-15-16-17-18-19 and 20 in Block 65; Lots 6-7 and 8, in Block 85; Lots 2-3-4 and 5 in Block 84;
Also saving and excepting 2 acres of land as near as possible conforming to (52)
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HISTORY OF YAKIMA VALLEY
the aforesaid plat of Townsite and including and surrounding a certain house and barn thereon, the property of the said parties of the first part herein.
Except taxes since March 16, 1893.
FIDELITY TRUST COMPANY, TO PROSSER FALLS IRRIGATION CO.
Resignation of Trustee. Dated Nov. 26th, 1896. Filed Feb., 1897 at 9 a. m. Rec. Vol. "P" Mtges. page 210.
Whereas the Prosser Falls Irrigation Co., organized and existing under the laws of Washington did on the 1st day of July, 1893 make, execute and deliver a mortgage of its corporate property and franchises to the Fidelity Trust Co., a corporation organized and existing under the laws of the State of Washington and having its principal place of business in Tacoma, County of Pierce, Wn., in trust to secure the payment of an issue of $100,000.00 of bonds, as by reference to said mortgage duly recorded in the office of the Auditor of Yakima County, Washington, on June 30th, 1893, in Vol. L Mortgages at page 129, will more fully and at large appear, and whereas said mortgage did con- tain among other things the following article. Article XIII. The present or any trustee under this indenture may resign and discharge itself or himself of the trust hereby created by notice in writing to the Irrigation Company, and to any other existing trustee or trustees, sixty days before such resignation shall take effect or by such shorter notice as the Company and such other trustee and trustees shall accept as adequate and upon due and proper accounting in respect to the trust in the event of such resignation or of the neglect, refusal or incapacity of the Trustee to act the Company shall have full power and author- ity to and will nominate and appoint a new trustee or trustees, such nomination and appointment to be made by instrument in writing, to be executed, acknowl- edged and recorded in the same manner as this indenture.
But if the Company shall be in default or the performance of any act re- quired hereby or if the Company for any reason shall fail to appoint such a successor within 60 days after such vacancy shall occur the power of appoint- ment shall be vested with a majority in value of the Bond Holders who by instrument or instruments in writing over their hands and seals executed, ac- knowledged, recorded in the same manner as this indenture may make such ap- pointment, or if such method of appointment shall prove to be impracticable, application may be made to any Court of competent jurisdiction by the holders of one-fifth of the said bonds outstanding for the appointment of a new trus- tee, and
Whereas, the Prosser Falls Irrigation Co. has requested the "Fidelity Trust Co.," to resign the trust imposed upon and accepted by the Fidelity Trust Co. in and by said mortgage. The Fidelity Trust Co. has elected to resign and dis- charge itself of the trust thereby created.
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