Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-04-21
PHILIPPINE COURT
UPH0[DS MFX|CO'S
OIL LAND CLAIMS
BY HERBERT COREY

Mexico seem to have been knocked
| galley ywest and crooked by re-
| cent decision of the supreme court
of the Philippine Islands.
Pending further definition of the
range and penetration of this decis-
| ion, 1t is held here that the conten-
ton of the Carranza government in
Mexico, which has been accepted by
| the De la Huerta, and more recently
| by the Obregon. administrations is
upheld.
1t is suggested here that under
this decision the title to all mineral
or subsoi1 rights is vested in the
government of Mexico-precisely as
Carranza, De la Huerta and Obregon
tn turn claimed-and that the ex-
ploiters of the Mexican petroleum
field must enter into negotiations
with the government in order to re-
tain possession of what they have
always regarded in all sincerity as
their own property.
Seemingly a Parallel Case
The conflist of rights and claims
under the famous ARTICLE 81" has
been a source of trouble between the
of the United States, and the MeXI-
can government since 1917. If this
Philippine Island decision is what 1t
seems to be, the ground is knocked
from beneath the feet of the Ameri-
can oil men and their supporting
government. For it would appear
that an American court has ruled
-, al 7 q -
allel to each of the oil cases in
Mexico.
Spain lost possession of the Philli-
pine IslGnds and of Mexico in pre-
cisely the same fashion. The United
States made the conquest Of the
Philippines, following the war with
Spain. Mexico won her independence
in war. The rights of the Spanish
government were transferred with
the passage of the physical property.
In the case of the Philippines the
United States became the possessor
of all rights held by the Spanish
government; in Mexico the Mexican
republic succeeded to these rights
So far as has been discovered here
by reading of the law. the United
States and the Republic of Mexico
stand upon precisely similar footing
toward these old Spanish rights.
In the province of Rial in the
Philippines, James Ross sold some oil
property to w. H. Lawrence. There
is something of an oil boom in the
Philippines now The Standard Oil
company is especially interested.
Lawrence sent his deeds to L. Gar
duno, register of deeds in the prov
ince of Rial, to be registered, as is
customary. Garduno refused to re-
ceive them for registry. 1t is not
disclosed who protested this regis
,ncfcs
this stand upon Garduno's part. The
transcript received here, however,
shows that Garduno took the position
that LaWrence'S deeds might be sui
ficient to cover transfer of the sur
face of Ross lands, but did not snow
a proper and legal convey OF the SUP
soil or mineral rights.
Lawrence at once brought suit IN
mandamus to compel Garduno to reg
lister the deeds, and the registers
point of view was upheld by +. II.
Feria, attorney general and attorney
for the defendant. Feria contended
that "It has not been SHOWN that any
patent (to the subsoil rights had
ever been issued by the Spanish gov
eminent" and that the laws of min
ing of the Philippine islands from
the very beginning have always been
based upon the Regalian doctrine" by
which "the state possessed and re-
both public and private lands"
Feria argued that the title. passed
from the crown of Spain to the gov
eminent of the United States by vlf-
ture of the Treaty Of Paris, and that
1.-The present claim is based upon
emit" He further alleges that the
new law of mining in the Philippines
is "a tacit assertion of the Regallan
doctrine"
Sustained by Supreme Court
The supreme court OF the Phlllpc
pine islands sustained the point OF
view of the register, although the
usual five days is allowed Lawrence
to amend his petition and ~ again.
If, therefore, as is feared here, the
oil men in Mexico are in precisely the
same position relative to the Mexl-
rights of the Spanish crown that
the oil men in the Philippines seem
to be to the United States govern
ment as like inheritor, the CafranZa-
De la Huerta-Obregon position mas
been fully sustained by an American
court. It is true that the judges OF
the supreme court of the Philippine
islands are Filipinos. But the court
was created by American action.
President Obregon recently. issued
a statement N which he insisted
that article q would not be inter
tory manner. This contention could
o OF egoGi0 eevieted the American own
ers of oil lands by his insistence
that it could not be retroactive, in
asmuch as the right to the oil land
was always vested in the MeXlcan
government as the inheritor of the
f fppyt to eject tts' an intruder from prop
ertv to which he has no legal title.
The papers in this case have been
received by the state department