The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1914-07-02
oil PROPERTY WORTH
A BILLION DOLLARS is
OPEN TO EXPLORATION
Standard and Midway Companies 10
Obtain Rich Fuel Deposits Which
Former President Intended
for the U. 8. Navy. II

Los Angeles. Cal. Special: A with
drawal order by which William III.
TAFT. while president In 1909. exempt
ed from entry government lands I'm Cali
Norma variously estimated I'm values at
from s25o, GOO to 81, O0e. 100000 was de-
clared invalid in a decision OF Judge
Maurice 4. Dooling, OF the United
States district court OF San Francisco.
Judge Dooling heard the case In Los
Angeles. sitting In place Of Judge Olin
Wellborn. who considered himself dis
qualified.
Judge Dooling's decision nuIlified the
order by which the former president
planned to provide a great source OF
ruet 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
puted possession.
The application for an order restrain
ing the defendants from further use OF
the land and for a receiver is denied.
Similar minor actions now pending
VIII be affected by the decision.
Congress having the executive power
20 dispose Of the land I'm question" the
ruling says. "and TO make all needful
rules and regulations in relation there
%, and having declared the minerals
therein to be free and open to explora,-
ton and purchase and the land itself
20 occupation and purchase, under the
Placer mining laws, the operation OF
such laws should not be interfered with
~ any other department unless a clear
authority exists for such interfer-
ences"
Basis Of Decision.
Judge Dooling referred TO the claim
tnat such authority existed and has as
L.. 4.
gress in the exercise BY the executive
or the power 20 reserve public lands
Tor public purposes
Another claim that such authority
lnnered In the executive under the con-
sutution, subject only to the paramount
au.noriy OF congress, also was re-
II was held clear by Judge Dooling.
however, after reference was made TO
several court decisions that while with
arawai orders have very frequently
n ossm ~. sSpneld. that mo general power
find no case broad enough" ho
continues. to cover the withdrawal OF
more than 5000, 900 acres OF land from
operation OF mineral land laws wheth-
er IN aid OF pre- a,3sed legislation a.
s ~ .a IN the order: or for the purpose
OF securing q supply of fuel oil for tina
navy as stated In the bin.
am fully aware of the Importance
Of this and kindred cases, because az
the magnitude Of the interest inyolvad
But they are still more Important be-
cause OF the legal principles upon
2 which they must be determined.
The erect OF the order OF with
uraWai OF September IL. 1909, what
ever It's purpose, was practically to
suspend the operation OF the mineral
laws as applied to petroleum deposits
40 the public domain. II such power
exists, plaintiff should be able TO point
20 some clear legislative or constftu.
uonal provision upon which Ii rests
No Twilight Zone.
Il am not content to seek for IL IN
the dicta OF the decisions or in some
ahauowy twilight zone lying between
the powers expressly granted TO the
congress and the powers expressly
granted to the president. The power
70 dispose OF the public land has been
given to the congress- by the CONSTITUTE
uon ana 4 find no conflicting power
ment derogatory to the power given the
congress In this regard.
Ihe congressional Will as TO these
lands Is clearly expressed In the laws
above stated and the right TO nulufv
this will is not lodged in either the
executive or the judicial department.
"On the contrary II is the equal duty
OF the executive, as well as OF the iu-
alcial department to see that this win
Is carried into effect.
THE PRONUNCIATION of thA ora, q,
question, believe to be but one man
hesitation OF growing tendency to
concentrate in the executive more ~
power that can be traced to anv sne-
cinc constitutional or executive nro-
- .