The Sun. [volume] (Price, Utah) 1915-1932, 1920-10-29
LIEU LANDS ARGUMENT
ENDED AT NATIONAL
CAPITAL
DECISIONS AFFECT THE STATE
SCHOOL SELECTIONS.
Assistant United States District At
torney Nebeker Makes Argument
Lasting Two Days Before the High
est Court Of the Land-Central Pa
cific and Other Cases Cited.

WASHINGTON. d. c.. Oct. "a
Frank X Neboker Of Salt Lake City,
assistant United States attorney gen
eral. has just finished two DAYS
argument before the supreme court Of
the United States in behalf of the
government regarding some public
land litigation which has been of keen
interest TO Utah for many years on
account Of the analogous bearing the
legal points involved in the forthcom-
ing decisions will have upon local
problems throughout the state Ever
since the passing by congress of the
oil and coal leasing bill the Western
States. and more especially Utah. have
wanted the rule adopted by the SUI
premc court that title TO public lands !
within state boundaries pass to the
respective states, Notwithstanding the
fact that the land was not survey
ed until after vast petroleum and 9TH
or mineral reserves were created
Discussed Many Years.
This troublesome question has been
discussed for many years. but has
only recently come 10 the supreme
court Of the United States for final
adjustment by means of four eases
which have been appealed from lower
courts And 10 fell 10 the lot of
Ncbckcr, the chief of the public lands
division of the department of justice.
20 represent and argue In behalf OF
the governments contention. The
first ease was that Of the Central
Pacific railway versus the, secretary
of the interior. The case was first
brought in the supreme court of the
District Of Columbia, asking for al
mandamus 10 compel a patent to be
Issued 10 certain lieu lands. The gov
eminent, IN It's early encouragement
Of railroad enterprises, made gifts of
large tracts of land alongside of the
railroad lines to the various railroad
companies, aud also promised that in
case these adjacent lands were settled,
the government would give, in lieu,
similar tracts of land farther away
and beyond these lands thus settled.
And the Central Pacific has brought
its action 10 force the secretary of the
interior 10 grant title 20 these sec
ions.
Appeal BY Government.
The question 10 be decided ia
whether the railroad company's filing
Of It's selection of such lieu lands be-
fore they were withdrawn by the
president for power sites and before
Secretary Payne approved the appli-
cations, Is Of itself sufficient, or
whether the secretary's approval is a
necessary requisite 10 the grant, The
lower courts decided in favor Of the
railroad and the government appeal
ed. The state of New Mexico versus
the secretary of the interior involves
litigation regarding a school section
originally situated in the lines of the
Alamo national forest. The law pro-
vides that these lands could be ex-
changed for land outside the forest
reserve. The state thereupon made
its selection of another section out
side the reserve. Before the secretary
of the interior approved the state 3
application the original section was
left ont of the forest reserve by the
change of boundary, and the secre-
tary refused 10 make the grant. This
ease also involves the question wheth-
en- the secretary approval was neces-
sary before the title would pass. The
supreme court of the District of Col.
umbia was asked for a mandate, COM
pelling the secretary of the interior 20
make the grant, and the court decided
for the government land office. The
state appealed 10 the District of Col
umbia court of appeals, whore the
lower court was reversed, The gov
ernment now appeals TO the supreme
court.
School Land Involved,
The ease Of the United States versus
the state of Wyoming and two private
parties was instituted by the govern !
ment in the federal court. The deci- |
sion Of the United States district
court was in favor OF Wyoming and |
others from which the government |
appealed 10 the circuit court of APP
peals of the Eighth United States cir
euit, and this court reversed the first
decision. The case came into the SUI
preme court on appeal. BY the facts
Of this case Wyoming owned a school
section in a forest reserve, which was
the land in controversy. The section
was classified as oil land, and later
the president Of the United States in
oluded il in a presidential order, with
drawing il from entry as oil land.
Acting upon this order the secretary
of the interior refused TO grant the
state a patent TO the land Disregard
ing this order, the state entered into
lease with one Of the other defen-
dants, who in turn assigned the lease
10 the Midwest Oil and Refining COM
pany.
This concern then established some
fourteen oil wells, and when suit was
brought by the government about a
hundred thousand barrels of oil had
been exploited from the wells. The
a.