The San Francisco call., 1910-07-13
ENTRIES BLOCKED
ON Big SECTION
Presidents Order Withdrawing
z,4S2,750 Acres Causes Con:
fusion Among LOcators

must LorfelI many thousand OF acres
there is no doubt. That confusion and
litigation viii result appears to be
equally certain.
In some instances the operators have
expended vast sums OF money in efforts
to hold their land. 1t is Of record in
Washington that Captain William Mat
son Of san Francisco has expended
s75o.00o 70 retain his acreage in the
Elk hills. He has ordered work begun
on 80 separate parcels of territory 70
comply with the terms of the new law
passed by the last congress.
There were few as daring as Captain
Matson and many viii thus lose such
portions OF their land on which they
have not begun operations. It is stated
that the Santa Fe Railroad viii be
among the losers. Captain John Barne
son and his associates have protected
the greater part of their best territory
Strangely enough. or perhaps not so
strange after al, the Southern Pacific
the Standard oil company and the As
sociated oil company viii not suffer
The Southern Pacific naturally will
reap the advantage by reason of its
ownership Of the alternate sections in
the oil belt.
The withdrawn area includes a strip
extending down the west side Of the
san Joaquin valley and reaching in
places TO the coast range mountains.
Most important. however, are the with
draWals in The Devils Den. Elk hill
and Buena Vista hills. In these sec
tions immense areas have been located,
but only here and there has actual
work been done. This territory is re-
garded as prospective oil land of the
richest kind. Only those claims can be
held on which actual work has pro-
ceeded. Under this ruling it is safe to
say that many square miles OF the best
al he
10 the government.
In the withdrawn area there are. of
course. big tracts that have already
gone 10 patent. In fact, within this
area are many farms that have been
worked for decades. These, Of course,
are not affected. No patented land is
involved
The Withdrawn area also circles the
Coalinga. McKfttrick, Midway, Mari
copa and Sunset fields. Those compa-
nies that have already struck oil or are
proceeding toward discovery under the
required conditions are all secure in
their rights. Il is the locator who has
held his land and done no work who is
the loser.
There is some question as to the fu-
ture disposition Of these lands. They
are 10 be classified and then opened
for location under such regulations al
congress and the secretary Of the in
terror may prescribe. A bill was in
troduced during the last session by
Senator Nelson which provides FOR the
leasing OF these lands in prescribed
subdivisions for 10 year periods on
3 per cent royalty basis The intent
Of the bin is that the government shall
not relinquish title and shall receive
IS per cent of their gross product.
Congressman Smith OF California and
Senator Smoot Of Utah have introduced
bills providing for the payment of a
prospecting fee, title TO $50 acres to be
bestowed upon discovery.
All are agreed that there can be no
doubt as to the full legality of the
recent withdrawal order of President
Taft. That was predicated upon legis-
lation enacted specially to make the
order possible
Attorney A L. We'll, who represented
the California Oilmen in Washington
has given the whole subject close
study. In discussing the effects Of the
new bin and the withdra wal he said:
Irrespective OF the question whether
the president had the authority to with
draw the lands originally, the matter
is now fixed by statute. The with
drawal made by President Taft of re-
cent date is a perfectly valid order
First, there are the men who have
done no work on the land. When I
say work I mean substantial work. in
y
II they have posted notices of location,
spent 500 year fled afhdavits and
done nothing else their labors are for
nsught.
ANY man who was at work at the
time Of the first withdrawal order of
September p, 1903, and who has con-
tinued al work ever since is secure in
his rights. There is absolutely no
question to his rights. even though
he had not made a discovery on Sep
tember 2 and has not made one since
provided that ne continues his work
diligently until he does make a dis
covery. These people are in a very
good situation. For the first time in
the history Of placer mining the gov
ernment has recognized the interests
of locator prior TO a discovery.
Now as 10 those Of dubious status:
In the first place those men who
located before the withdrawal order
Of September = and did no work, but
simply held the barren location. and
were not preparing TO go TO work, are
in no better position than those men |
who located after the withdrawal
The statute specially omits TO pro- !
vide for the peculiar cate CORY of peo- /
4 le who had location before the with !
13rswal and started work after the
Withdrawal In my opinion. from the
statements Of the officials Of the land
OAAAACB A4-Ne cAC GpL ~ put IDerdl 4
construction on the term actually at 1
work believe that the man who can
show that he was preparing to go to /
work viii be protected.
AS to those who initiated rights
after September 27, 1909, the statute |
says that their rights shall neither be /
recognized, abridged or enlarged This |
means that they stand in exactly the /
same position as though the with |
drawal bill had not been passed In /
other words. II the withdrawa of Sep |
tember p, 1909 is void, their rights |
are perfectly valid, provided they were |
at work at the time Of the second with /
drawsl concerning the validity of /
which there can be no question. If the |
Presidents withdrawal order OF Sep /
tember %, 1909. is d valid order their 4
condition is somewhat dubious.
1T is my opinion that by withdraw /
ing these lands again the president has /
a abandoned his original withdrawal. To 1
quote the peculiar phraseology of the /
bill: The rights of any I
person who at the date OF any order I
OF withdrawal heretofore or hereafter I
made is a bona fide occupant or claim /
ant. etc This protects the rights of I
any bona fide occupant at any with
drawal made subsequent to the pas
sage Of the act. 1t seems to me that
any person al work on land at the time
Of the second withdrawal is absolutely
safe
This opinion is subject to questions