Los Angeles herald., 1910-10-21

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isting between Frank H. Short, the
corporation lawyer of Fresno, ana
Charles p, Fox, editor of the Calitor-
MIA Oil World, the question has been
exploited from several sides in several
open letters. Judge Short in MS last
letter dwelt upon the allegation that
those operating by lease on Southern
Pacific land would be injured finan-
ciaIly should the government deprive
the railroad of the right to retain the
mineral contained in its grants. FOX
replies, favoring special Legislation 10
protect these people. The Fox letter;
which will be published IN the on
World today, is as follows:
''Frank H. Short, Fresno, Cal.
"My Dear Sir: In your letter under
date of October IA, treating further OF
the question of the governments pro
ceeding to attempt 20 recover from the
Southern Pacific oil bearing lands con-
tanned within its agricultural grant,
Won make the statement that no one is
over justified in taking wrong posi-
tion upon a public question, but that
under present circumstances we Should
hesitate to take a stand for fear that
the oil business be hurt. 1 agree WIN
Won in this to the extent that we shoulo
NOT rush toward the establishment OF
a right policy in a manner so headlong
that worthy private enterprises shall
he injured. Frequently a larger puplc
right embracing a smaller private right
can and should await Its accomplish
ment until such time as no WRONG
whatever need be done. rms Is tue
case, it seems to me, in the lhstahce sc5
under discussion. If the railroad does
NOT own the oil lands it claims these
lands should be recovered for the large
Dublic good. but not before those VINO
are operating those lands under per-
mission obtained from the rallrodu
have been amply protected.
at showed in my former letter that
- would he a matter of no difficulty,
entirely in accord with exact justice
and altogether harmonious with the
Governments past and present polcy
0f disnosing of it's domain to Vandate
the rights of the railroads grantees
and 1essees; but the suggested course
you liken to the painting OF ralhpo"s i
on the sky If it is, let us paint
rainbow. Rainbows have been painted
heretofore and made to stick. In tact'
every advance of popular rlghts mas
been rainbow first. That Is why the
sky of human life is now SO brlght anu
beautiful compared with the SKIES oI
ancient times-it contains thousands OF
1nod healthy. substantial rainbows
fhat won't come off. And our own
little decoration will find place there
"To be less frivolous, those rlgnts
which would be jeopardized by tne
return of government oil lands now
held bv the Southern Pacific could pc
Voiidafed bv enactment of special legis-
lation covering their necessities whlch
would not be in contradiction Oh any
laws already on the statute books, but,
on the contrary, would only amphIy
and make applicable our present laws
to those special necessities; ana Inns
would be no unusual proceeding, lot
the sovereign has always exercised
clemency in cases where the operation
of the laws for the common good had
worked or was about to work injustice
to occasional individuals. From the
time when the suppliant subject
crowled abjectly to the loot OIL the
throne beseeching the kings mercy
to the present day when governments
under certain circumstances grant
privileges not obtainable under the
regular administration of law and
equity, there has been a continual ex-
hlbition of the exercise of this bene-
ficent power of sovereignty. In other
words, the square deal has always
been more or less of a fact and, today,
in America 1t is more patent than it
ever was anywhere before. The square
deal spirit is growing in strength and
Importance and all that oil companies
on railroad land need in the event that
they find their title defective, is its
operation in their favor. That they
would not get it, is conceivable.
Trust the American people. They
have never yet consciously or inten-
tionally done wrong to weak or
strong, within the country's boundaries
or without. Their chief merit is their
adherence to the square deal, in the
past and now. 1t did not remain for
Theodore Roosevelt to invent the
square deal He simply concentrated
into one short phrase the spirit of our
principles and our laws. The fathers
George refused. And what they Craved
they went and took More than a CEN
tury later, the passion for the square
deal still ruled, but stronger. What Cuba
craved, the American people took from
Spain and gave to her. Trust the
American people to do the right thing.
QUESTIONS SHORTS MOTIVE
"At the present moment sir, you,
yourself are actually resisting proceed
ings against the railroad on the
grounds that if those proceedings are
carried forward to a successful issue,
q number of oil companies will not get
a square deal. That an appeal for a
square deal is not hopeless, that it car
ries strength, is proved by your very
act in making it. If, then, you believe
an appeal in the name of the square
deal will save those companies from
hurt now, why do you not Concede
that the same square deal will save
them in the end after 1T has brought
about a condition of affairs wherein
the whole people are possessed of what
is rightfully theirs? Pardon me, Judge
Short, for alluding to it, but, really, il
appears that you haven't got your rain
bow on straight.
Nevertheless, admitting that the
contention that no injustice need oi
would b done to innocent parties is
unsound and would fall should the
railroad lands revert to the govern
ment, and that each and every com
pany would be disrupted and the
stockholders investment utterly des-
troyed, I dare take the stand thai
proceedings having for their object
the railroads relnquishment should
be instituted. The Southern Pacific
if wrongfully in possession, holds
about $4,000 acres OF oil land worth
approximately $S5, 100000. all of which
belcAgs to the people of the United
States Thai being the case, there
can be no question regarding the prop,
er course to pursue. No feeling o.
sympathy should stay proceedings II
the less important affairs OF govern.
at 4