Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1914-07-01
'o|l PROPERTY WORTH
4 BILLION DOLLARS IS
OPEN TO EXPLORATION
Standard and Midway Companies 70
Obtain Rich Fuel Deposits Which
Former President Intended
for the v. s. Navy.

Los Angeles, Cal. Special: A with
drawal order by which William III.
Taft, while president in 1909. xempt
ed from entry government lands in Cal
ifornia variously estimated in values at
from $3.50, 900. GOO to 81, 1000, 0OO,O0 o was de
clared invalid in a decision of Judge
Maurice T. Dooling, of the United
States district court of San Francisco.
Judge Dooling heard the case In Los
Angeles, sitting in place of Judge Olln
Wellborn. who considered himself dis
qualified.
Judge Dooling's decision nullified the
order by which the former president
planned to provide a great source of
fuel for the American navy by exempt
ing the oil land from entry by private
locators, n 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
the Ian and for a receiver is denied.
Similar minor actions now pending
will be affected by the decision.
congress having the power
to dispose of the Ian in question:" the
ruling says, land to make all needful
rules and regulations in relation there
to, and having declared the minerals
therein to be free and open to explora-
ton and purchase and the land itself
to occupation n purchase, under the
Placer mining laws, the operation OF
by 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-
gress In the exercise by the executive
OF the power to reserve public lands
LOT PUBIC purposes.
Another claim that such authority
1nhered in the executive under the con-
stitution. subject only to the paramount
authority of congress, also was re-
viewed.
1t was held clear by Judge Dooline.
however, after reference was made to
several u decisions that while with
draWal orders have very frequently
been upheld. that mo general power
OF withdrawal exists"
II lind no case broad enough.' he
continues, Ito cover the withdrawal Of
more than 100000 acres of land from
operation of mineral land laws wheth.
er IN aid of proposed legislation as
stated IN the order. or for the purpose
u securing a supply Of fuel oil for the
navy as stated in the bill.
- am fully aware Of the Importance
OF I'M and kindred cases., because of
lne magnitude Of the interest involved.
hut tney are still more important be-
cause or the legal principles upon
when they must be determined.
me erect of the order of with
drawal of September II, 1909, what
ever It's purpose, was practically TO
uspen the operation of the mineral
laws as applied to petroleum deposits
IN the public domain. If such bower
exists. plaintiff should be able to noint
70 some clear legislative or constftu-
tlonal provision upon which IL rests.
No Twilight Zone.
- am no content to seek for it in
the dicta of the decisions or in some
shadoWy twilight zone lying between
sne powers expressly granted to the
congres and the powers expressly
sranteo TO the president. The power
" DISPOSE OF the public land has been
given 10 the congress by the consfitn-
tlon n l find no conflicting mower
Granted the president by. that tnstru-
ment derogatory to the power pivan ~.
in this regard.
Inc congressional will as to these
lanos rs clearly expressed in the laws
ABOVE stated and the right to nuiiifv
sn.s VIII IS not lodged in either the
executive or the judicial department.
On the contrary. it is the equal d,,tv
OF the executive, as we'll as of the i,i-
dlcial, department to see that thie vii,
Ia carried. into effect. AS VIII
me PRONUNCIATION of the order in
question. believe to be but one man
hesitation of a growing tendency to
concentrate In. the executive more Of
puwer ma. can be traced to any spe-
vision" "ro-