Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-01-29
By c. S. ALBERT
eeial Star Bulletin Corresnondenee)


| WASHINGTON, ID. C., Jan. IL. -
| The lines have been drawn up Tor a
grand battle over the California oil
lands. The various forces have been
marshaled in readiness for the fray.
The senate committee on public
lands framed substitute for the Phe-
Ian amendment. II was construed as
liberal and fully protecting the navy's
interests. 1t was hoped that Secretary
Daniels would accept the basis of adj
publication and terminate the trouble.
| On the contrary. Secretary Daniels
called upon Senator Tillman, as Chair
man of the naval affairs committee.
to defeat the substitute proposition.
This action leaves everything wide
open for finish fight. The subject
will be brought up in the senate at
the first opportunity for discussion
and action. If the substitute should
be adopted the matter would then go
into conference. the house having
passed the Ferris bin many months
| ago.
The entire plan of settling the oil
land leasing controversy is thus sum-
med up by Senator Phelan of Califor-
mia:
"The senate committee on public
lands has recommended two amend
ments to the mineral lands leasing
bill, which will go before the senate
as committee amendments, recasting
and simplifying Section and also
Section 10, which are considered sepa-
rately. The navy department opposes
any legislation, bcause the law as it
stands has been construed against the
bona fide operators. 1t must be borne
! in mind that the law which the navy
department refers to is the Pickett
Act. which was passed as relief legis-
lation with the concurrence of the oil
operators, and. has been so construed
by the courts that it has denied them
relies so it is a matter of Importance
to disth. fish between. the law as it
has been harshiy interpreted, and
what was intended by the lawmakers
and ought to be-
Ile amendment adopted by the
committee was practically what was
proposed to the navy department as
a settlement and rejected by Score
tary Daniels, on the advice of the at.
1
cute all oil claims under the favorable
construction of the Pickett Act. which
he has secured. This would give him
a legal victory, but 1t would work
great individual hardship and inius.
.tice; and my object and the object of
the committee is to do justice and
equity even to the humblest individual,
who properly protests against the in
vasion of his rights acquired in good
faith under the then existing law. viz,
the placer mining law. Good faith is
required of the government as well as
by the claimants.
The Congress, representing The
people Of the, United States, as OBJ
posed to the bureaucratic depart
ments, which have little discretion,
should not suffer this government to
be guilty Of any wrong or injustice,
and the same principles OF ethics and
fair dealing should subsist between
the government and the people as be-
tween private individuals. So the
amendment provides, with respect to
naval reserve No. 2, that any person
who had asserted his claim under the
existing mining laws prior to July
3, 1910, shall, on relinquishing his
claim to the United States, be entitled
to preferential lease by agreeing to
pay one-eighth royalty in, oil or the
value of oil to the navy department.
The navy can utilize this oil for cur
rent needs, or il can store it for fu-
ture use. This whole dispute affects
only about 5000 acres of land, and the
navy is given by this arrangement
royalty from reserve which other
wise might be exhausted by the con-
slant drainage which is going on from
operating wells held in patented title
by private individuals, covering three
fourths of its area Naval reserves
No. 1 and No. are excepted from
this amendment. so that the govern
ment will have them preserved for the
navy intact, and the claims that have
been established and patented in No.
1 shall, 1t is understood, in pursuance
of this purpose, be granted to the
United States navy by the owners,
without consideration, except in con-
sideration of the passage of this re-
lief measure
The amendment to section 10 un-
dertakes to define diligence in order
to relieve the harsh interpretations OF
the Pickett act
L can only see benefit to the navy
by this arrangement, while, at the
same time, justice is being done to
the operator. When this leasing bin
is passed, operators will be protected
by the law, and, as in the past, develop
the mineral resources of the country
and thus doubtless discover other oil
bearing land, which will inure to the
benefit, not only of the navy, but of
the country, where the products Of