The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1914-07-02
OIL PROPERTY WORTH
A BILLION DOLLARS IS
Open To EXPLORATION
Standard and Midway Companies to
Obtain Rich Fuel Deposits Which
Former President Intended
for the ". S. Navy.

Los Angeles, Cal. Special: A with
drawal order by which William FL
Taft. while president in 1908. exempt
ed from entry government lands in Cal
kornia variously estimated in values at
from $3.50, oO0, 900 to 81, 900. oOo. 900 was de-
clared invalid in a decision of Judge
Mauric I. Dooling, Of the United
nfates district court of San Francisco.
sndge Dooling heard the case in Los
angeles, sitting In place of Judge DIN
Bciiborn. who considered himself dis
qualified.
Judge Dooling's decision nullified the
0rder by which the former president
planned to provide a great source of
!uel fer the American navy by exempt
sHs the Oil land from entry by private
1ocators. n gives to the Midway Oil
company n the Standard Oil COM
pany. the principal defendants, undis-
Duted possession.
Ihe application for an order restrain
ing the defendants from further use OF
Ins land and for a receiver Is denied.
Similar minor actions now pending
VIII be affected by the decision.
having the executive power
70 DISPOSE of the land in question" the
Tu!Ing says, and to make all needful
rules n regulations in relation there
20, and having declared the minerals
therein to be free and open to explora-
uon and purchase and the land itself
10 n purchase, under the
racer mining laws, the operation of
such laws should not be interfered with
py any other department unless a clear
minority exists for such Interior
ences."
Basis of Decision.
5odg Dooling referred to the claim
ina such authority existed and has as
iIs OASIS the long acquiescence by con-
gress in the exercise BY the executive
OF the power to reserve public lands
Tor public purposes.
Anotner claim that such authority
InneIed IN the executive under the con-
ss.utlon. subject only to the
viewed. 49, vas 70
It was held clear by Judge DooI,np
however. after reference was made 70
gcseIai court decisions that while with
aIaWai orders have very Frequently
Dsen upheld that mo general power
" Withdrawal exists"
! Iind no case broad enough" he
contlhues, TO cover the with6rs1yar M
more thar 1900. 900 acres of land from
ope.alion OF mineral land laws wheth-
EN- AID of proposed legislation. d.
Hsated IN the order, or for the r1,rnoca
oI securing q supply Of fuel oil for tbe
A STATED In the bill
- N Iuiiy aware OF the Importance
Inc magnitude OF the interest invoIyea
bnl lhey are still more important ba-
Eause Of the legal PRINCIPLES ,,nnr
Rnlcn they nus be determines
me erect OF the order Of u;th-
nIawai OF September IL. 1909 w.ba,-
sver Us purpose. was practica1lv "a
suspsnu the operation OF he miner
e. 80 apphed 10 petroleum deposits
IN inc pubic domain. II such 1ower
Exists, plaintiff should be able tn na;nt
70 some clear legislative or constitu-
uohai provision upon which 1t rests
No Twilight Zone.
am not content to seek far :. a.
1ne dleta OF b decisions or In sara
shanoWy twilight zone living betuyaar
Ane powers expressly granted III ia
Gonsress 2 the powers exrregsir
s1an1ei TO the president The newer
U OF the public land has haar,
ton and 1 find no connirrjng $50.
gTanted the president BY that snstras-
l,enf d~erogatory TO the newer rfyar -.
ongress in this regard.
LIE congressional wifi az ~ rhau~
sanus y clearly expressed II sha 49,
anove stated n the right "a n,,i1sfy
a sr.s @si L not lodged IN either the
eAecut,ve or the 3udirsal aepartrr.ert
On the contrary. IL Is tha ea.,a; 49,
oi q executive. az well AZ 81 fha In
niclai, department TO see thst .t,is ia,
is carried into effect Ms VII
~ PRONUNCIATION oil the ordar d.
luestlon. ! believe TO be buf ona n,an
iIcslatton OF a growing ,endency ~
ro,.senLrate 4 b executive more al
cinc constitutional or executive :
vision" hFo-