The Sun. [volume] (Price, Utah) 1915-1932, 1920-10-08
OIL LANDS IN CONTROVERSY
State to Contest Entry In the San
Rafael Country.

oil lands on the San Rafael Swell
in Emery county are covered BY a
government naval oil reserve estab-
lished about 1912 They were not
surveyed until years after that date,
and part of them have not been sur
veyed even vet Based on these facts,
the United States government is set
ting up claim to all the lands within
the boundaries of the proposed naval
reserve on the ground that they are
known 10 contain oil in commercial
quantities and were 80 known before
the survey. Opposing such claim In
the state Of Utah, which was the rcci-
pient under It's enabling act Of Secs.
?, 10, % and 80 in each township in
the state, from which must be except
ed according 10 supreme court deci-
sions, lands known 10 be mineral at
the time the state y right would other
wise attach. In new territory the
title attaches at the time the United
States survey is filed.
The state land board, rs custodian
of these lands which are known as
the school land grant, last Tuesday
ordered steps 10 be taken 10 combat
the claim M asserted by the commits
sioner Of the general land office. The
ease in point came over the applica-
ton of Leland X. Cowie Of Kansas
City, Mo-, for prospector'a lease un-
der the federal leasing act, of twelve
hundred and eighty acres, including
See. 81, in Twp. % South, Range -
East Clay Tallman, commissioner
general, notified the state land board
through the Salt Lake City land of
flee, of the fact that this See. 20
might be claimed by the state, but as
serted that the department of the
interior, ON account of the naval oil
reservation, will be inclined 10 the
view that this is known oil land. Mem
bers Of the state land board say that
the decisions of the United States
court In the now famous Southern Pa
cifie cases run contrary 10 any such
claim by the government, and held
that the lands are not known 10 be
mineral lands until oil in commercial
quantities has been found there. This
has not as yet been discovered.
The matter is considered as of high
importance, and the instance of Wyo.
ming is cited. This state derives more
revenue for It's schools from It's oil
lands under the state land grant than
the entire cost of administration of
state government Utah, il is con-
Tended, can do likewise should oil ever
be discovered in paying quantities ON
ana 90 Tho ga.faral Iar,a frn.l,sgiaal
structures now being prospected for
oil. Accordingly at the direction Of
the land board, Secretary Arthur
Kuhn wrote TO Dan b. Shields, attoi-
ney general, as follows, inclosing a
copy of the letter from the commits
sioner of the general land office:
'ln regard 10 Sec. 80, Twp. 22
South, Range 10 East, | inclose here
with a notice from the honorable conf
missioner of the general land office,
through the honorable register and
receiver, notifying and allowing the
state thirty days within which to pro-
test the allowance of application for
permit 10 prospect for oil aud gas
under the act of February %, 1920,
made by Leland X. Cowie, No O258S3
The government alleges that said see
ton is included in petroleum reserve
prior 10 survey, which indicates 10 the
general land Office that the land is oil
and was so known TO be at the time
the title of the state would attach,
and therefore title did not pass 10 the
state under the grant. We respect
fully request you 10 protest the allow
ance of this permit for the reason
that the said action is not known
petroleum land, although the same is
included within the petroleum re-
serge.
at seems 10 me that the govern
ment is simply taking an attitude to
deprive the state of any land il may
desire by geological inference, OF
otherwise, and in this particular case
there is no other indication on this
section other than the geological for
nation that would tend to cause a
geolOgist 10 determine that the land
was petroleum bearing land, as the
record does not show that there is oil
upon the said section in commercial
quantities.
"We therefore urgently request
that you use all reasonable means in
protecting the state against the en-.
croachment on its grant by the United
States in just such actions as this. f"