1 tut; Monxixo otiegoxtax, ttjesdat, Amu; 2.7, iihi. BIG TAX BULGE TO BE INVESTIGATED League Issues Circular Giv ing Bare Figures in Round Numbers. COMMENT IS RESERVED Advice to Voters Will Be Contained In Pamphlet to He rrtnted Be fore I.arjte Bond Ioe Go Before the People. With n Increase In the assessed val uation of tha City of Portland of $14. OO.00O In 1 to $301,000,000 In 191 1 and tha amount of lairs collected In l' of $I.0O.0O and In of $.JOO.WO. tha Taxpayers' Lacue In a rlrcuUr assert! that It waa lmtratlve that teia should bo takn to atlvls tha voters a to all pendlnr mtuurri so they could art ad visably thereon." The rlrx-nlar la signed hr F. W. Mullter. president, and 1 J. Goldsmith, serretary. It Is pointed out that the taxation for city and school purposes has Increased very rapidly. In lo the city required for Its government only -:n.V)0 and tha schoola $31.aoa. but In 1S11 the city se cured $1.5.0K and tha schools ll.T&o.- o. This remarkable Increase Is to bo given careful attention by tha leaaue and In a few days an address win be made to the voters of the city upon the vari ous measures which have been submitted to the voters for consideration. The clr cular Issued yesterday waa aa follows: Itesult or Mass Meeting. "la view of tha fact that at the com In city election to be held on June ft, 111. a Iars; number of measurra In volving the creation of additional bonded Indebtedness. Incressed taxation, as well aa matters of public policy of Import snce. will be submitted to the voters for action, a meeting of tha Taxpayers' Iarna was called. In accordance with Ita usual custom, to consider what action It would taka thereon. "After hearing the reports It was tha unanimous conclusion of the league that It waa Imperative that steps should be taken to advise the voters ss to all pend tng meaaures. so they could act ad vlsedly thereon. "It waa also suggested that a brief statement of the situation aa outlined at the meeting be printed and sent to each member of the league. "In connection with taxation It should always be borne In mind that generally spesklng the burden Is not relatively so onerous on the large as on tha amall taxpayer. To the form-r It may mean 1e.a net revenue, but no hardship: to tha latter It may. and generally doi. mean i) artu.il deprivation of some necessity or pleasure he or his family might have otherwise had or enjoyed. "It should also be borne In mind that In a rapidly growing rliy such as Port land additional revenue, la nerted end expenditures Increase very rapidly, hence It Is Important they should all be close ly scanned. In this circular we do not comment on the figures or measures set out. but win in our sdiiress and advice to voters, to be Issued later. The figures. however, are sufficiently significant to cause every rttlien to give heed and thought to them. Figures arc In round numbers: ""TAXATION'. ersl funds srs rot sufficient, a rofflrttit sum to defrar sll rxpeoses and disburse ments erovided for of the commission. 14. To provide for llcenalng and resu- isilng lne erection, consirucuoo "a mainiw sanr of billboards within the City of Port land. I V To provide that the title to all water front, wharf oroDartr. land, under water an mada land. etc.. and all landings, wharves. hishware. bridge, streets, parks snd other public place, is InallensM: mat in. ninii of the city shall not be divested or vacated tor a distance of 2"0o fei from any mean der Una of any navlsable water or 1000 feet from sny railroad depot or terminal yard, etc.. sxceptsthat the ordinance of vacation at a sreater distance mill require tor it eaaaaea a vote of at least three-fourths o all of tha members of the Council snd ap oroval bv the Mayor. 14. An smeudment" statin thst th word -brides and bridles." as used In Sec tioa 114. sball (or tha purposes specified In the section mean fills of earth aand. gravel or similar materia la serosa gulches snd rs vines, mad men fills nil be made and pa' for out of fha same fund sublect to asm conditions, that bridges msy be constructed and paid for under said section. IT. Amendment to section Svo la Con nectioa with tba construction of sewers and drains. Is. To prevent overcrowding of streetcsrs snd to provide seats la cars for every pss- aan ear. 1'J. To provide additional revenue for the ntr or Portland Dr levyins a llrenae or car ent ler annum upon the cross receipt! of snv person selling electricity or electric current for lighting, healing, power or other controerclsl purposes. 20. To provide a license of 3 per cent on tn. gross receipts or every person or cor porsitoo selling or furnishing gas tor ugni In s. heating, fuel or other commercial pur tMsa. 21. Referendum on Ordinance No. 2194. prohibiting the carrying or maintaining of banners on ine sirevis- rz. Referendum The Antl-Bocott Ordl nan.-e No. l:i. passed August S, 1011. to orvnt nlcketlns. ett. 2.1. Ordinance No, 2O07 Referendum on ordlnsnce vacating Adams street and Ore gon street. FENTON SAYS LAND POOR SOUTHERN PACIFIC ATTORNEY BISCVSSES DECISION. Tevr 1' .. 1U Assssel valuation .$ 14l.OO.tS . 2:i.l.4-M.WMi 302.OIIO.ISIO T-vy Total tmillsl collected J'.H .;.M.4ion) I 1.3 -.'. '"0 H C.1UU.0O0 Taxation for city and school purnoeei Amount raised Amount retard! by by special lav for TMf tarnation f.rctty. School IMst. I. 1VH S Kn-..s. S H Svl.ss K..7.IMI lJMI l.S0O.ONI .7;,0.N.S Aa Illustrative of the actual Increase In taxes, one piece of property on which no change In improvements has been made la cited: ltS tax. $!'.::; 1911 tax. $;'710.4: Increase. Iljt.i;. "This shows an Increaee of over SO per cent. We suggest all taxpayers make like comparisons.' BONDED INDEBTEDNESS. City of Portland 'Outstsndlng and sold f T1-I.3O0 Authorised and unsold ....... I'ort of Tort land Outstanding . . Authorised and unsold ...... fchool ftstrlct No, 1 Outstanding Authorised and unsold ....... 'rand totalw- rxustandlns and eM II.NVono Authorised snd unsold ......... 3.h.oo aoonoo SjO.OOO TIS.onO lio.wu Total f l;M.Y.04 Of these bonds, lj.linnoo are sater bonds, the Interest on which Is largely paid by wster mtes. There la also soma revenue derive from charges for the use of some of the bridges, the drydoctc and for towage. However, met of main tenance, depreciation, etc.. as well as Interest not paid bv direct revenue from the use of these utilities, haa to be. pro vided for by direct taxation. "Of tha bonds Issued, about $.135,009 ara In sinking funds and for other pur poses. "No account la taken bf Improvement bonds, of which there Is outstanding over M.OOn.eoo. The following measures will be submitted to the voters: ORDINANCES. I. Respecting improvement of streets snd providing for tut construction and operation of a municipal paving plant, and a bond is sue of I l.o-O.Of. X for constructing a high bridge acrnsa the Tl'lllamette Rlv.r from Woodward ave nue te Meade street; bond Issue tl.4O0.0oo. X. Far municipal garhsse system, snd authorising the sale of lTi.OOO In bonds ta purchase the plant. 4. Kftf purchase of Council reet, and a bond Issue of 4 J3".iwH therefor. X. r constructing an auditorium, and to provide for the Issue of boade to the s mount of $io.Oio. a For building a municipal Jail, court, headquarter for pollro department and eniergenc-v riospltaL and authorising the la sue of J2mVOo in bonds. T. To create a firemen's pension and re lief fund. In addition to certain other pay ments tt le made hy the beneficiaries, a s Is provided of one-twentieth of one mill en each dollar It prnvlflee that when the fund reaches a.:oo.Oisl no levy snail be msde. but when it ses below that amount the i y shell arsin be made. a. lo provide a policemen's pension and rief fund. This Is on the same basis as the firemen's relief fund. . To etsbllh street cleaning employes' pension sad relief fund, and providing for a tax of one-twentieth of a mill on each dollar of assessed valuation, lo. Tn authorise the city to lew snd col lect a tax not exceeding oue mill on the dollar, to provide for the maintenance of the street cleaning and sprinkling depart menr. II. Fixing the compensation of the city attorney st fKio a year, the number and compensation of deputies to be fixed by the Council. IS. Fixing the sslsry of the city engi neer. The salary shall be determined by the t'ouncll. and sbsll not be leca than 13000 per annum. 13. To create a puMIe service commis sion. Thl commission 10 hart chars snd control of sll the public service corporations doing business within the city of Portland. The ordinance provides for a license or 3 per cent upon the gross receipts of eiactrto snd gas companies-. This commlssnvn con sists of three members. Kach commissioner reo'lves a salary of $.Vsio year. They have power 10 name a secretsry and fix hi compensation, and to emplov each other clerks, inspectors, esperts. attorneys and ether-assistants ss they mav dewna neces sary. The Council la required to Include Is .annual tax levy, whenever the gsa- Timhered Portion Only la Worth lighting for. He hays In Dis cussing Jnetlon. Two-thirds of the 1.300.000 acres In rolved Iff the Government's suit to can cel patent are rocky and not fit for cul tlvatlon. and the other third la timber land, according to W. IX Fenton, coun sel for the Southern Pacific Company. Mr. Fenton said last night that about 10.000 persons from Maine to Calif or nla claim they have a right to become actual settlers on this land, and to ac quire title upon payment of :.6 an acre. "The idea Is broadcast. he continued, "that the land Is valuable for homes and that the railroad company Is ob structing the development of the state. Aa a matter of fact the largest part of the land la not valuable for homei Two-thirds of It could not be sold for f 2.50 an acre, because there Is nothing on It except rocks and chapparal. "In Jackson County alone, of the S000 acres probably a third la not fit for set tlemeaU. "For the first 20 years after the land waa granted to the railroad company It waa offered to the public at less than 12.60 an acre. It could not be sold even at that low figure. Nobody wanted It. Those who did buy were timber spec ulators and they don't want anything; except land which will run aeveral mil lion feet to the acre. All this talk about 'homes' and 'actual settlers' Is the merest pretext. Two-thirds of the land could not be sold for $2.50 an acre to day. The rest of It is valuable for the timber. "The only question there la for adju dicatlorr Is whether the amendment of Congress to the original Land grant Is a condition subsequent or a covenant. We have eliminated the so-called settlers, which removes a good deal of rubbish from the case. "We have taken 90 days in which to file our answer to the Government's suit, but we have not yet decided whether to go to the United States Clr cult Court of Appeala on the demurrer to the complaint or to answer. If we file an answer we will take testimony in the rase before an examiner and the transcript will go to the higher court. We have no testimony which would change the opinion of Judge Wolverton. Of course we are disappointed because of the decision. But there are 12 men who are yet to pass upon the law ques. tion involved the three Judgea of the Apellate Court and the nine Justices of the Supreme Court. Arthur I. Uoulton. associated with A. W. Latterly as counsel for the cross- complainants, said last night: "We 1 tend to keep our record clear In the rase and to appeal It, We will delay our appeal, however, until the whole case goes to the higher court. We feel hat the decision Is really a victory for our side, for 11 tne oovernment ever ac quires legal title to the land again, the rights of actual settlers, we are sure, will be protected, if not by the courts, bv Congress Itself. The o actual set tlers we represent ought not to be ousted, and we do not think they will be. We do not represent any of those wha have filed their intention to settle, but who have not done so. Our suit was on file before the Government brought Its suit against the railroad company, and we feel that our action waa one of the causes leading the Gov ernment to file suit to cancel the patent of the railroad company for non-com pliance with the provisions of the law granting the land. MR- TOWNSEND IS sTUBiliAXT Attorney-General' Aiolstant Contra dicts Penton'a Statement. WThen shown W. D. Fenton'n state ment last night that a large percentage of the railroad company's land is unfit for settlement. B. D. Townsend. repre sentative of the Attorney -General, said: "The even-numbered sections of land between Portland and the Oregon-Cali fornia line, which were oietposed of to homesteaders by the Government, are supporting settlers, and there ia no rea son why the odd-numbered sections ahould not also support settlers. 'It la ridiculous to assert that half the land In Western Oregon Is unfit for human habitation. It haa been a well-known fact that for many years the policy of the railroad company has re tarded the development of the Industrial and commercial resources of both the even and odd-numbered sections con tributory to the line of the railroad. 'In any event the question Involved In this case Is a legal and not an In dustrial one. If these lands are not sus ceptible to settlement, that was no rea son why tne railroad company should assume unto Itself the right to violate the law simply because It waa profitable to do so. 'Judge Wolverton'g decision Is sweep ing In it character and epparently will be conclusive of the light of the Gov- crnment to enforce forfeiture of the un sold lands of the grant. As to the statement that the lands Involved are not susceptible to settlement, those best acquainted with the lands assert that some of The best Domes upon the Pacific Coast have been denied to American citizens by the policy which has been enforced by the railroad company for the past seven or eight years. "It Is all very well to say that for 0 years the railroad company offered these lands to settlers. But the fact remains that for more than eight years they have denied them to settlers. The litigation in this case will take Ita uaual course and proceed to a full enforcement of ail the right of the Government." RAILROAD LOSES FIGHT FOR LUND Federal Land Grant in Oregon Imperiled and Southern Pacific Hard Hit. INTENT OF LAW CONTESTED Judge Wolverton Bases Decision Upon Amendment to Original Statute and Gives Govern ment Clean Victory. t Continued From First Psge. ) on the part of the Government of the right to Insist upon the condition sub sequent, nor as adjudication conclusive against the Government's Insistence up on the performance of such a condition. The Government has not waived it right to maintain this suit for any of the reasons assigned, nor is it barred of Its remedy by virtue of the statutes of limitation relied upon by counsel. Government Changes Policy. n the early annals of the United States the public lands ywere regarded largely as an asset out of which to do rive revenue for the needs of the Gov eminent. At one time the domain was pledged to the payment of the public debt. The earlier policy was to dls pose of these lands to private purchas era. both at public and private sale. fcvsn settlement upon the public do main waa discouraged. Congress bellev lng satisfactory disposition might oth erwlse be more readily and expeditious ly accomplished. It was not until early in the 19th century that Congress be gan the appropriation of public lands in aid of Internal Improvements. Judge Wolverton continued along this line, giving an -exhaustive history of Congress disposition of public lands. and continued: "Looking at the matter In all Its phases, the act lacks the element of a trust whereby the railroad company Is constituted a trustee for the adminis tration of the granted lands, In any specific quantities, for the benefit or use of any definite or certain benefi claries. Tills brings us to the contention made on the part of the Intervenors that the grant Is both a law and a con tract, that there Is a standing and con tlnulng offer, to which the grantee .a a party, to whomsoever may desire to become an actual settler and to pur chase a tract of the granted lands not exceeding ItQ acres, and that any such person, by a declaration of his purpose a tender of the purchase price. nd namely. $2.i0 an acre, brings himself Into relation to the contract, thus mak ing himself a party thereto and Is en titled to the rights of a contracting party to enforce a conveyance to blm from the grantee. Contention of Intervenors Outlined 'It Is urged that by declaring his purpose to become an actual settler and tendering the purchase price, the intending purchaser acquires a vested right In the property, which not only tne grantee out tne Government also Is bound to regard, and of which he cannot be divested without his consent- thus entitling him in due course to a proper conveyance. The position la based upon a supposed analogy to the acqu'rement of vested rights against the Government by pursuing the acts and regulations established for the ac qulrement of pre-emption and home stead claims to tracts of the public do main. " henever It occurs that there haa been an entry of a homestead, or a proper notation In the land office of a pre-emption application, so that there appears a record of the Initiatory 'steps to obtain a claim. It may properly be said that the claimant acquires a vested right as against the person or corpora tion claiming under such grants, but not till then. Offer to Sell Must Be Shown. There must be an offer to sell on some terms, and there must be an ac ceptance of the offer on the terms pro posed, before there can be a meeting of minds, or any contractual relations can arise. The Government haa granted certain lands to the railroad company under a provision thst the grantee shall sell to actual settlers. The grant, how ever. Is not accompanied by an offer to soil. Surely the Government makes no such offer. Being a law as well as a grant, the act directs that the grantee shall sell. But suppose the grantee rrfuses to obey he law. Is there, notwithstanding, an offer on its part to sell? Does the law make the offer for It? There might perhaps have been some grounds for so holding If the railroad company had been accorded no discretion in the matter, nd was simply required to perform a mere ministerial service in executing deeds to such actual settlers as should come and pay It the maximum price of SS.SO an acre. Bnit It has discretion. It my sell In lees than 160-acre tracts, and for less than C: an acre. So who shall say that, by reason of the law alone. It as offered to sell In tracts of 19 acres. and for K.M per acre, so that any actual settler may purchase upon those terms. It has the right to sell upon those terms. but the law does not make such offer for It. The act Is a law to the grantee but binds no one else. It is not an offer to sell to actual settlers. A breach of ARE YOU FREE FROM Headaches, Colds, " - Indigestion, ains. Constipation, Sour Stomach, Dizziness? If you are not, the most effective, prompt and pleasant method of getting rid of them is to take, now and then, a desertspoon- ul of the ever refreshing and truly beneficial laxative remedy Syrup of Figs and Elixir of Senna. It is well known throughout the world as the best of family laxative reme dies, because it acts so gently and strengthens naturally without irri tating the system m any way. To get its beneficial effects it is always necessary to buy the genu ine, manufactured by the California Fig Syrup Co., bearing the name of the Company, plainly printed on the front of every package the law would entail Its penalties as per the Intendment of the law or con tract, but the grantee would Incur no liability to a person not a party to the compact. "Third Party Has Xo Rights." "It has been held that where one party has paid money to another for the benefit of a third, or has paid a consideration for which a third party was to receive some benefit, the third party has a right of action . directly against the party receiving the money or consideration. That rule can have no application here. "Nor Is the person claiming to be a settler, who has gone upon the land and is in occupancy or the tract se lected. In any better position." Judge Wolverton held that Congress had a right to change by amendment the intent of the law. It being the contention of counsel for the defend ants that the amendment relating to actual settlers, changed the entire pur pose of the law. "The Government was to receive a consideration for Its grant, namely, the transportation of its troops, munitions of war, malls, etc. This In a purely private grant, where technical words appropriate to the creation or a con dition aubsequent are wanting, would evidence an intendment not to create such a condition. But where technical words are in fact employed, and the grant is by the Government, being pub lic tn nature, other considerations ap ply, and these facts should be taken into account. ProviM' Is for Protection.- "If it were' the Intent of Congress that the Government should be left remediless, no matter how flagrant the violation of the terms of the actual settler provision, that provision might Just as well have been omitted In toto. Congress Intended no such Idle cere money. The proviso was designed to be a positive, efficient, and living -condition, to be punctiliously observed, with substantial and remedial conse quences to follow a deliberate and will ful infraction thereof. "Congress did not by its resolution directing the Attorney-General to com mence suit against the railroad com pany, declare any of the lands In suit forfeited. Whether a forfeiture had occurred Is a question that necessarily would have to be litigated in an ap propriate proceeding In any event, whether Congress declared a forfeit ure In the first instance or not, the rail road company resisting. The real ques tion Is whether any forfeiture has been Incurred for breach of condition sub sequent, and that is for Judicial cog nizance. Inquiry and determination. Kurther disposition of the property will follow the adjudication. In view of these considerations, the demurrer to the bill of complaint must be overruled, and the demurrers to the cross-complaint and bills of Interven tion will be sustained, and it Is so or dered." Two Other Suits Pending. It will be seen that Judge Wolver- ton's decision Is against both the 65 cross-complainants and the 500 or more Intervenors. B. D. Townsend. who has worked upon the big case for the Government for several years and who Instituted the suit, was much pleased with the decision. He pronounced it a master piece, saying the Judge had gone ex haustively into all points urged by both parties to the controversy. He is confident It will be sustained by both the Appellate Court and the Su preme Court, Two other suits are pending, one by the Government against 45 pur chasers of parts of the big gTant. They hold about 400.000 acres, and purchased more than 1000 acres each.- These might urge that they purchased in good faith without notice of the condi tions of the grant, but even this posi tion Is open to question. The court s decision yesterday covers all other points. Some of the richest timber land In the Willamette Valley Is em braced In this suit, part of it being held by the Booth-Kelly Lumber Company. The other suit is that or tne uov- ernment against the Southern Oregon Company to cancel patent to 9000 acres of land, the most of which is in uoos County. The land was granted by Con gress or a wagon road, but the grant contained the settler clause, and it Is believed the decision in this case will hinge on the. same points as de cided by Judge Wolverton yesterday. Ninety days were allowed Attorney W. D. Fenton in which to file an an swer, but he has not yet decided whether to flle It or sro to the Appellate I WOMEN 9fek The great ' Italian historian, Ferrero, who, has made ancient Rome live again in his books, begins in this May Century a wonderfully illuminating series of six articles on Roman women. . Did you know that they enjoyed the greatest social and legal liberty of all women of the ancient world? They could even retain their own property on marriage if they wished to do so, and they had a conventus matronarum which was Latin for "woman's club!" "Women and Marriage in Ancient Rome" is the title of this opening article in the May number. "THE CLANDON LETTERS," something more than an unusually good novelette by Baroness von Hutten (author of P am), and "The AB Cof the Tariff Question" by Andrew Carnegie, are among other good features of a wonderfully good May number. CENTURY MAGAZINE 5 cents a copy. $4. M a year. At all book stores, or The Century Cs, Union Square, New York rrmr Court on the demurrer. Attorney A. I. Moulton representing the cross-complainants, was also allowed 90 days in which to take further action In his case. SECOND DAILY TO APPEAR Eugene Lorton to Publish News paper at Vancouver Soon. VANCOUVER, Wash., April 24. (Special.) This city is to have a sec ond dally newspaper, the first issue to appear Monday afternoon. May 8. Eugene Lorton, formerly publisher of the Evening Bulletin, at Walla Walla, and more recently member of the State Board of Control under the late Gov ernor Cosgrove, will be editor and publisher. Mr. sLorton, who has been In Van couver for aeveral days conferring with political leaders and business men, announced tonight that he had made all preliminary arrangements. Two linotypes have been ordered and a telegraph service secured. The new evening paper will be known as the Vancouver Spokesman, and will have a Sunday morning issue. Oyster-Spawn Season Is On. SOUTH BEND. Wash.. April 14. 'Special. The open season for taking young-growth oysters from the state reserve beds Is now on in this bay and the vinicity of these reserves presents a sight well worth seeing. There is a great fleet of bateaux, scows and house boats anchored at the state beds and another fleet of launches and sloops busily engaged in towing the scows and bateaux from the reserves to the pri vate beds, where they are emptied. The oyster business is growing so rapidly that oystermen predict that there will not be nearly enough young growth this year to satisfy the demand. Keep Your Own InKredlents of Ayer'a Hair Visor Sulphur. Destroys germs that cause dandruff and falling hair. Cures rashes and eruptions of scalp. Glycerin. Soothing, healing. Food to the hair-bulbs. f Quinin. A strong tonic, antiseptic, stimulant. 'fk, Sodium Chlorid. Cleansing, quiets irritation of scalp. V Capsicum. Increases activity of glands. Sage. Stimulant, tonic Domestic remedy of high merit. Alcohol. Stimulant, antiseptic Water. Perfume. Show this to your doctor. Ask him if there is a single injurious ingredient. Ask him if 4 he thinks Ayers Hair Vigor, as made from this formula, is not the best preparation H i you could possibly use for falling hair, or I H CI B 1 or dandruff. Then do as he says. . Does not Color the Biiair J. C Aver Company, Lowell, Mass. . !Tr-XL P lw- Don't Grow Old Too Fast , si "A man. is as old as his arteries." Old age is merely, a hardening of the arteries and hardening of the ' arteries comes from excessive eating of high-protein food such as meat and eggs. Cut down the high protein diet for awhile and eat Shredded Wheat. It supplies all the body-building material in the whole wheat prepared in a digestible form. Of course SHREDDED WHEAT BISCUIT will not "cure" appendicitis nor will any other cereal food." The excessive eating of indigestible foods, however, gradually brings on stomach and bowel disorders and these can be prevented by a daily diet of thoroughly cooked cereals. Shredded Wheat is best for this purpose because it is steam-cooked, shredded and twice baked, retaining the bran coat, which is so valuable in keeping the bowels healthy and active. Heat the Biscuit in the oven to restore crispness and serve with'hot or cold milk and a little cream, adding salt or sugar to suit the taste. It also makes delicious combinations with stewed or preserved fruits. Two Shredded Wheat biscuits with stewed fruit makes a wholesome nourishing meal. The Only Cereal Breakfast Food Made in Biscuit Form , Made only by The Shredded Wheat Company Niagara Falls, N. Y. frag.aj- Aa S&M I