Los Angeles herald., 1910-10-18
PIERCE HEARS OIL
MATTERS ARGUED.
First Assistant Secretary of the
Interior Probes Into the
Situation Here
YARD DECISION IS DEBATED
Edmond BurkA Declares S. P. Is
Attempting to Grab the
Title to Lands
YARD DECISION is DEBATED

At the informal court held by Judge
Pierce, first assistant secretary of the
interior, yesterday, after many attacks
had been made upon the Yard de-
cision, Edmond Burke, the warrior OF
many fights with the Southern Pacific,
came out in favor of this decision,
saying that unless the Yard decision
stands intact there Will be nothing
left for the 'poor" prospector $50
called by the opposition) and that the
real prospectors of the oil fields OF
California, namely, the Associated and
other subsidiaries of the Southern Pa
cific, whose attaches go prospecting
in Pullman cars over their own rails
in great splendor, will get the whole
thing. He said that much of the coun-
try was already taken up fraudulently
with dummy locations and that the
sentiment advanced by the opposition,
in which the poor" prospector is fre-
uuently named, is farce and that
the game is for the big interests to
control the lands in the San joaquin
valley.
Edmond Burke has been contesting
the title of the Southern Pacific TO
these San Joaquin lands for some
time, claiming that the mineral under
ground did not belong to it as speci-
fed In the grants and subsequent
deeds.
Ho met with opposition at the hear
ing yesterday, for the reason that he
sustained the decision in the Yard
case, which holds that one person is
entitled to only twenty acres, or that
eight persons are entitled to only l60
acres (the original placer law, and
that these claims cannot be transferred
by the original locator to another,
either individual or company. This
decision, he says, was written for the
express purpose of preventing land
grabbing and is in line with true con-
servation.
DEFENDS YARD DECISION
There were several corporation law
yers present yesterday who made ar
guments against the Yard decision,
placing in the foreground that the
"poor'' prospector will be deprived or
his rights if this decision is permitted
to stand. AS Judge Pierce wished TO
hear both sides he was evidently re-
lieved when Edmond Burke appeared
before him to defend decision which
he (Pierce) had written himself.
The Yard decision was written as a
precautionary measure, for the pre-
vention of fraud in the location OF
mineral bearing lands. The decision is
on n case which It was conclusively
proved involved fraud, to wit, that
Yard and others took up large acre
age in a forest reserve on allegation
that the land contained mineral. There
were no colorations whatever and this
was later proved to the satisfaction
of the interior department and patent
was denied.
The case which was argued yester-
day was that involving the Bakersfield
Fuel and Oil company, ]. d. Le1der-
man and Judge Frank H. Short peing
counsel. This was the case whlcn
really caused much of the trouble In
the California oil fields. The decision
I'm this case was handed down by the
land department, the decision being
based upon that of the interior de-
partment in the Yard case. me
bakersfield company asked for patent
to land said to contain oil, and this
patent was denied. Defense argued
that the decision of both the state and
ITnited States supreme courts In thoI
case of Miller versus Chrisman, sus-
taininp operations by one of the eight
locators through the medium of lease
to the Home OIL company, which mace
the final discovery, was sut1clent 10
offset anv decision of the interior de-
nartment Il being the law that the SUI
nrerne court decisions are final ana
cannot be disturbed by department
of government.
CORPORATIONS ON HAND
The corporation lawyers have fought
the yard decision, it is said, because
II prevents one man owning more tnan
twenty acres in district claiming
that such an acreage is not enough
to warrant the installation OF ex-
pensive equipment, such as rigs, tor
fhe development of the property. AS
fhe argument yesterday hinged upon
the case of Miller versus Chrisman,
the counsel for the Bakersfield Fuel
and Oil company in contending that
The yard decision should be reversed
had to resort to the possessory right
Of the miner for their best ideas.
The old law giving the miner or
nrospector right to operate upon gov
eminent land, divorcing that land
from the government domain when
discovery is made, has been ''the law
OF the camp" for so long that, as
counsel inferred, It could not be well
disturbed. The miner by district rules
made by himself has, the attorneys
argued. really made the laws that now
govern mining locations and that at
this time 1t would not be right TO
work in opposition to his interests.
The point in the Yard case most
forcibly opposed was that which de-
prives the original locator Of the right
70 sell his holding. AS this strikes
straight at the corporations, counsel IN
the case of the Bakersfield Fuel ana
Oil company advanced most vigorous
argument It was claimed by them
thet the great expense incurred in the
development would make 1t impossible
for one locator to go ahead.
UPHoLDs CONSERVATION
The attack upon the Southern Pa
ciflc and other large outfits in the oil
fields seemed to sweep away the ar
p1lments of the other attorneys. Mr..
Burke believes in conservation, and his
test case against the Southern Pacific
will. ii is believed by many, ultimately
lead to the restoration of the mineral
rights in these grants to the people of
the United States.
Mr., Burke, in his stand against the
Southern Pacific has been compelled
70 include in his attacks all the big
interestsl although he always refers to
the big independent interests in a
iocose way believing them right In a
large degree. Mr. Burke inspired
laughter and applause yesterday by
saving that unless the Yard decision
was upheld the Southern Pacific would
get the whole thing. and as the Stan
dard Oil company owns the Southern
motac n would grab these lands in