The Fallon standard. (Fallon, Nev.) 1920-1958, 1920-06-03


to Rob IL OF Its sting
United States Senator Key Pitt
man has filed the following brief
with the interior department OF the
government, protesting the lately en-
acted oil land leasing law which con-
tains many clauses Objectionable to
the oil men of this state:
UNITED STATES SENATE,
Washington, d. C.,
May &c, 1920.
Hon. John Barton Payne,
The Secretary of the Interior.
Washington. ID. c.
take the liberty OF calling TO
your attention certain regulations
and rulings issued by your Depart
ment relative to operations under
and enforcement of the Act of
February rs, 1920. Public No. LAG,
known as the General Oil Leasing
Bill, which In my opinion, are In
conflict with the spirit and purpose
of the Act, nullifying in their effect.
and without and beyond the authori-
ty granted your Department in the
Act would not impose this ad-
ditional burden upon you were II not
for the fact that this legislation Is
of vital interest to my constituents
and to the whole country.
Under Section 10 OF the Leasing
Bill prior locators have a right to
accept prospecting permit within
six months after the passage OF the
Act, or they may have the option
under Section 81 OF prosecuting
their claims to patent under the laws
existing prior to the passage OF the
Leasing Bill. The period Is rapidly
approaching when they must exer-
else their options, and therefore
final ruling upon these matters must
be made at an early date or great
and irreparable damage will be done
to bona fide locators.
Since September 27, 1903. and un-
I'll the passage of the Leasing Bill,
practically all of the supposed oil
lands on the public domain have
been withdrawn and withheld from
exploration for oil At the time OF
the passage of the Act the oil situa-
ton had become extremely critical
not only In the United States but
throughout the world. The purpose
of the Act was not TO retard but to
encourage and aid In the exploration
for development of our oil resources.
The authority OF the Department
of the Interior TO make rules and re-
gulations is found in Section 32 Of
he Act II is as follows: THAT
the Secretary of the Interior is au-
thorized to prescribe necessary and
proper rules and regulations and to
do any and all things necessary to
carry out unu acSomPhoh '"S P~s
poses of this act"
In this brief and argument ! will
deal only with one regulation. With
your permission | will submit brief
later with regard to other harsh. un-
reasonable and restrictive regula-
tions.
Section 81 of the Act provides
THAT the deposits cf coal, phos-
phato, sodium. oil. oil shale. and gas.
herein referred to. in lands valuable
for such minerals shall
be subject to disposition only In the
form and manner provided In this
Act. except as to valid claims ex-
istent at date of passage of this Act
and thereafter maintained In COM
phance with tho laws under which
Initiated, which claims may be per-
fected under such laws, including
discovery"
The regulation affecting the fore
going exception to the provision of
the Act Is found in paragraph tc)
of regulation vi. II is as follows:
Stated negatively. under this sec
tion of the act, the following classes
of oil or gas placer locations, so
called, Notwithstanding absence OF
fraud and full compliance with law
In other respects. may not proceed
to patent, viz: (c) Any location on
lands not withdrawn, on which. at
the date of the act, the claiment had
not made discovery or was not in
diligent prosecution of work leading
to discovery, and does not continue
such work with diligence to discov-
cry"
A discovery is not required in
either case.
call particular attention to the
conflict between the requirements
of the Act and the requirements of