The commercial. (Union City, Tenn.) 190?-193?, 1921-02-04

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| Howard, by striking out the word
natural" in the last line of section
2 and inserting in lieu thereof the
words, mineral and OIL" and thus
amended was passed by vote of 6S; /;
no negative votes.
The act is as follows:
Section l. Be it enacted by the
General Assembly of the State of Ten
nessco, that the Governor be and is
hereby authorized and empowered to
develop the natural resources of any
and ali property owned by the State
of Tennessee.
Sec. 2. Be it further enacted,
! That in order to carry out the pro-
visions of this act, the Governor may
u2e any and all of the resources, ia
cilities and activities of any depart
ment of the State of Tennessee; that
he may enter into contracts for the
State with any person or persons,
| firm or corporation, to do the neces-
sary work that may be required to
carry out the provisions of this act,
and if necessary may lease any of
said property at reasonable rental
and royalty, in order that any min
eral and oil resources may be proper
ly developed"
At a meeting of the Tennessee
Game and Fish Protective Associa-
tion, held Feb. 13, 1920 Senators
Doris and Haston, then present, per-
sonally stated publicly that they
were unaware that the bill t. ey lad
signed (chapter 1917 was 10 be used
to lease Reelfoot Lake
Since that date many members of
both Houses have written this as
sociation that they were not only un-
aware that the act applied to Reel
foot Lake, but were informed that
it was for the purpose of developing
the Herbert domain.
1t is a circumstance not altogether
free from suspicion that this measure
was introduced only three days be-
fore the Legislature adjourned, that
it was never referred to any commit
tee o. discussed and that it's real pur-
port was even unknown to Senators
Doris and Haston who signed it.
Chapters 144 and 191 (H, B. 1908
and 923), boti introduced much ear
lier in the session, both looked to the
protection and development of Reel
foot Lake as game and fish preserve
and thus helped to conceal the ul-
terror purpose of the promoters of
chapter 191. With rare exceptions
every member of the Legislature
knew that Raelfoot Lake had been
dedicated by the Legislature as
game and fish preserve and that the
State held title thereto not az a pro-
prietor but as trustee for the people,
hence the application of the ingenious
wording of chapter 191 to Reelfoot
Lake was not conceivable.
In view of all which this associa-
tion is advised that the lease of July
II, 1919, is ultra vireG and void
In this view it is perhaps unnecces-
sary to minutely examine it's details,
however a brief summary is not inap-
propriate.
The lease, dated, July II, 1919, is
to w. II. Newberry with power of
assignment" 1t cites chapter 191,
acts 1919, as authority for it's execu-
tion.
COMPANY CHARTERED.
Reelfot- Ranger Oil Company was
chartered Dec. 2, 1919, capital stock
$1,500,000. Incorporators arc w. H.
Newberry, C. j. Bondurant, ]. D.
Wrathcr, A. E. Markham, j. F. ia
cobs and George G. Walters.
"The lease is for seven years." and
as long thereafter as oil or gas or
eithe2 of them is produced from said
land by the lessee, as hereinafter pro-
vided. The State is to receive "one-
eighth part of all oil produced and
saved from the leased premises"
Also "one-eighth of all gas used |
or sold," or it's value.
By Sept. /, 1921, a 3,0O0-foot well
must be completed, unless oil is
found in paying quantities at less
Depth
BY Sept. 1, 1920, the State must
receive royalty (amount not stately |
or otherwise an annual rental of |
900, failure to pay which can
cells the lease Actual drilling for oil
and gas must begin within six months
"on or near this land"
GAME NOT PROTECTED.
Fish and game of Reelfoot Lake
are not protected under the terms of
this lease. The hunting and fishing
rights and privileges" are. These
may remain unimpaired though ev-
cry fish be dead and every fowl
flown. The power of assignment
given W. H. Newberry frees him
from any liability-and the stock is
sued in consideration of the lease, be-
comes paid up and thus frees the
holders from all liability. With no
bond and the right to remove at any
time all machinery and casing and to
cancel and surrender the lease and
rom date of surrender be relieved
# any liability thereafter DUE" leaves
he Staote without protection even
we're the lease valid. 1t is respect
'ully submitted that this lease is "ul-
;ra wires" and void, because: Chap
er 191, acts 1919, does not apply to
3eelfoot Lake, that property having
,een dedicated "as public and com
non fishery and game preserve of the
State of Tennessee for the public
lse."
1t has been conclusively settled by
,ur Supreme Court that the State
lolds title to Reelfoot Lake in trust
or all the people for the purpose for
which it was dedicated, viz: ''as a
'ublic and common fishery and game
reserve of the State of Tennessee
or the public use"
Reelfoot Lake is a navigable body
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