Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1914-07-02
OLE PROPERTY WORTH
BILLION DOLLARSIS
OPEN7OE EXPLORATION
Standard and Midway Companies e
Obtain Rich Fuel Deposits Which
Former President Intended
for the V. s. Navy.

Los Angeles. Cal. Special: A with
drawal order by which William II.
Taft. while president / n 1909. exempt
ed from entry government lands in Cal
ifornia variously estimated in values at
from $3.50. ooo, 600 to $1,000, ooo, 900 was de-
ciared invalid in q decision of Judge
Maurice T. Dooling, Of the United
states, district court OF San Francisco.
Judge DooAng heard the case in Los
Angeles, sitting In place Of Judge DIN
WelDorn. who considered himself dis
qualified.
Judge Dooling's decision hullified the
order by which the former president
PLANNED to provide a great source OF
Iuel for the American navy by exempt
ing the oil land from entry by private
locators, and. gives to the Midway OIL
company and the Standard Oil COM
pany, the principal defendants. undis-
puted possession.
The application for an order restrain
ing the defendants from further use Of
inc dand and for a receiver is denied.
VIII be, affected by the decision.
having the executive power
10 dispose Of the land in question: the
ruilng says, "and to make all needful
Iules and regulations in relation there
70, and having declared the minerals
~ We AIc0 dIlU open 10 eXplOra-
tion and purchase Inc the land itself
70 and purchase, under the
Placer mining laws. the operation Of
such laws should not be interfered with
oy any other department unless a clear
authority exists for such interfer-
ences."
Basis Of Decision.
Judge .Dooling referred to the claim
nat such authority existed and has as
It's basis the long acquiescence by con-
sress IN the exercise by the executive
OF the power to reserve public lands
for public purposes.
Anofher claim that such authority
lnnered IN the executive under the con-
st1tution, subject only to the paramount
authority Of congress. also was ras
viewed. was -
II was held clear by Judge Doolinr.
however, after reference was made to
severe U decisions that while with
pr rav orders have very frequently
Of a hg ne H. mat n general power
y find no case broad enough" he
continues, to cover the withdrawal Of
more than 5000, 900 acres Of land from
OF mineral land laws wheth-
er IN aid OF proposed legislation. "a
81 oa .see;, IN the order or for the purpose
navy as stated In the bill.
! am fully aware OF the importance
OF This and kindred cases. becausa ~
Lne magnitude of the Interest involved
but they are still more important he.
u .shtss o. the legal principles upon
Wnlcnt they must be determined.
me erect Of the order Of with
drawal of September IL, 1909. what
sver It's purpose. was practically to
" the operation OF the mineral
laws as applied to petroleum deposits.
N nl,s Ine pupils domain: II such power
exists, plaintiff should be able to rnint
70 some clear legislative or constitu-
tlonal provision upon which IL rests
No Twilight Zone.
I am not content to seek for ~ ir
the dlcta OF the decisions or in soma
hadow twilight zone lying between
the powers expressly granted to the
and the powers expressly
ant to the president. The nowar
70 dispose of the public land has heen
given TO the congress by the constitn-
tlon ana I md no conflicting power
n the president by that tnstrn-
nlenI to the power given the
congress In this regard.
The congressional will as r. +has.
ands Is clearly expressed in the laws
above stated and the right to nul1ifv
this Will is not lodged in either the
executive or the Judicial department
On the contrary, 1t is the equal dI,tv
OF the executive, as well as Of tha IN,
dlctal. department to see that this viii
is carried into effect. =
sIne PRONUNCIATION Of the order N
question. I believe to be but one man
lIestatlon Of a growing tendency to
concentrate IN the executive more Of
ctf1c constitutional or executfva -
vision "a ITO