The San Francisco call., 1910-06-08
Bills FATE Will
BE DECIDED SOON
Action VIII Be Taken This
Week in Congress on the
Pickett Measure
Proposed Law Amended to Pro-
tect LOcatOrs Prior to Sep-
tember II, 1909

This week viii witness important &C.
ton in congress on the Pickett bill, il
which the California oilmen have vita
The Canfornians who went tc
10 protect the rights Of The
bona fde locators have returned, salts
fed that they have blocked the contem.
plated vicious legislation. but uncertain
as TO the final disposition Of the issue
Before leaving the national capital the,
agreed on an amended bill that would
safeguard all those who were Jiligentl,
work prior to September
"a, 1903, and leaving IN statu quo tn,
cases Of those who made location sub,
sequent 10 that date. The hope of thes,
later locators lies in the questionabl,
legality OF the withdrawal order ol
27.
BILL As AMENDED
The amended bill that was agreed t.
before they left Washington is as fol
lows:
Be IL enacted by the senate and
house OF representative of the
United states of America in con
gress assembled that the president
may al any time IN his discretion
temporarily withdraw from settle
ment, location, sale or entry any of
the public lands Of the United
states and reserve the same for
water power sites, irrigation, clas-
sifcation OF lands or other public
purposes 10 be specified IN the or
oers of Withdrawals, and such with
oraWals and reservations shall re-
main in force until revoked by him
or by an act OF congress;
Provided that the rights of any
person who at the date OF any or
der OF withdrawal heretofore or
hereafter made is a bona fide occu-
pant or claimant of oil or gas
bearing lands and who at such
date is in dihgent prosecution of
work leading to discovery Of oil or
gas. shall not be affected or im
paired by such order so long as
such occupant or claimant shall
continue in such diligent prosecu-
-. Uon Of said work:
Provided. that this act shall not
, he construed as a recognition,
abridgment or enlargement of any
asserted rights or claims Initiated
upon any lands after any with
drawsl Of such lands made prior
TO the passage of this act;
Provided that all lands with
drawn under the provisions OF this
act shall at all times be opened
to exploration, discovery, occupa-
ton and purchase under the mining
laws of the United States, so far
as the same apply 10 minerals other
than coal. OIL gas and phosphates.
The secretary of the interior shall
report all such Withdrawals to con-
gress at the beginning Of its next
regular session after the date or
the Withdrawals
NEIL SUMMARIZES CASE
Attorney A. L. We'll, who acted as the
legal representative Of the oilmen at
has thus summarized the
whole matter. including the terms of
the original bill, the hearing before the
committees and the
agreement on legislation:
The situation regarding the pub
lie mineral lands at the time the
. oilmen arrived at Washington was
substantially as follows;
The president on September p,
, 1909, withdrew practically all OIL
lands from further entry. A Dill
known as the Pickett bill, ratifying
the presidents order and authoriz-
g. ing future Withdrawals, had passed
the house and gone TO the senate
The senate committee on pubic
lands had reported the Pickett bill
with an amendment which ei1ml-
mated the clause ratifying past
Withdrawals and merely author
lied future Withdrawals.
e. Withdrawals would. Of course, not
% amelfOrate the difficulties OF the
j.. California oil producers. except in
2 the few isolated cases where dis
coVery Of oil had been made after
September % and prior TO the new
. withdrawal. which was contem-
. plated 70 follow Immediately upon
the passing Of the bill
Had either the Pickett bill or the
senate substitute therefor become
p the law, all companies which nave
not actually made discovery or
oil, no matter how long they have
heen drilling, and irrespective OF
the expenditures made, would have
lost the land
Through the energetic efforts of
the California senators and repre-
sentstives a hearing was at once
provided for before the senate COM
o nittee on public lands
IT was felt that the facts had
been presented as fully as possible.
Senator Nelson, chairman of the
senate committee on public lands
Senator Smoot. chairman of the
subcommittee; Mondel, chairman OF
the house committee on public
lands: Pickett, author Of the PICK
EFT bill: the president, the dlrec-
tor general of the geological sur
vey, the attorney general for the
interior department and most of the
members were ready, and thought
IL absolutely essential that bona
fde driIiers at the time of with
draWal should be allowed TO per-
feet their titles, but a majority,
with some notable exceptions, were
equally determined that locators
2 fter withdrawal should receive no
consideration
The latter matter was the sub
ject Of long controversy and dis s
cussion. and finally the parties
named have agreed to an amend
rlent protecting men who were at
work on September p, 1903. with
further proviso that the rights en-
acted after September p, 1909,
should be neither recognized,
abridged or enlarged, thus leaving
these locators in exactly the same
nosftion as though no legislation
was rassed The extent OF their
rights will. therefore. depend en-
firelv on the question whether or
not the president had authority TO
make the order withdrawing the
lands.
This amendment will be Of inn
measurable benefit TO the men who
were working on september =.
For the first time IN the history
Of the mining law the government
has recognized the rights Of locat-
ors prior TO discovery, and hence-
forward such OArators viii be free
from any claim Of Jumpers, scrip
pers. etc.
There is no certainly that this
bill viii pass the house, If its pres
-ent uncertain temper on the Ques-
tiOn OF conservation continues.
It may be said, however, that
either the equitable rights Of the
operators will be protected, or no
bill at all viii pass at this session.
eN-rr u y fesfr nj