Imperial Valley press., 1910-12-03
PALO VERDE VALLEY HAS WATER PROBLEM Settlers Propose and Corpora ton Opposes a District
 Organization
Advised that All Land Filed Upon May
 Be Assessed Under the Brideford
 Act and that Private Company Can not Prevent Formation of a District.

The settlers of Palo Verde valley are trying to arrange an irrigation dis trct under the Bridgford Act, and are opposed by private corporation that is trying to work the water stock" scheme and assess the stock to build a canal system. One of the settlers writes to the Press that the com pany's attorneys and advocates of the private corporation plan are using the same arguments that have been used by opponents of the district proposi- tion in Imperial valley, telling the set tiers that they cannot organize under the Bridgford Act because there is not enough deeded land, and that the bonds of district could not be sold
 The settlers are to hold a meeting today, and they have asked the Press to assist them in arriving at a conclu sion by obtaining from competent attorney answers to the following questions:
 q. What is meant by evidence of title?' 2. In this county, land is not taxed until title has passed; have the persons in possession of this land, not taxed, any evidence of title?' Could a person in possession of such land but not taxed, sign the petition for district? If not, why not? 3. Is it necessary to have a majority of the land in the district deeded before a district could be formed? 4. Could d private company prevent the forma tion of a district by injunction or otherwise in order to force their own proposition on the people? 5. What are the probabilities of selling the bonds?"
 The questions are pertinent to the situation in Imperial valley as well as to the case of the Palo Verde settlers, and have been considered carefully by John M. Eshleman, one of the emil nent attorneys retained to advise the water users concerning the solution of the water problem in this county The Palo Verde appeal for help was laid before MT. EShleman, and he prompt !, ly sent to a director of the Palo Verde Valley Cooperative Association the following written opinion:
 Fl Centro, Cal, Nov. 2S, 1910. MT w. B. Edwards,
 Neighbors, Cal.
 Dear Sir:-Yours of November 27 has been referred to us Iby Captain Kelly, editor Imperial Valley Press, and We will reply briefly to your in- quiries contained therein.
 First-"What is meant by evidence of title?"
 The Supreme Court has not passed upon this question. While it is un- occasionally true that filing receipt is evidence of title, and that an action in eiectment can be sustained upon it, yet the matter as to whether or not such evidence of title is meant in the Bridgford Act has not been passed up on by the Courts. It is our opinion, however, that the Courts would take
  sented to them. If, however, it were such evidence of title as would war rant them in signing the petition for an irrigation district, in that event majority of those who had title would be sufficient to allow the organization of a district but, as a precautionary measure, we would suggest that, inas- kHmuch as there could be no objection to such entrymen who had not title sign ing the petition, you have a majority of all such parties sign your petition, seeing to it, however that this ma jority also contains a majority of those who have final receipt or patent to their land, and also a majority of the value of such land Of course, there is no question that person who holds final receipt to his land, whether or not patent has issued, is a competent signer
 Your second and third questions will be taken up together
 The Supreme Court of the United States has held that the United States will not interfere with the States sys- tenn of taxation (Wtherspoon vs. Dun can, Wallace 2l0) By allowing an entry to be made, the United States has parted with the right to the pos session of the land, and this right to the possession of land is defined as real estate" (Sec. S617 and 3663 of 2 the Political Code) and the Bridgford Act requires that all real estate be assessed, and the United States gov a,,u,ant oOuld mi intQrfpPQ with anph