White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-07-31
INTERIOR DEPARTMENT
REFUSES OIL CONTEST

Nc contests by third persons
against oil prospecting permits OF
the ground that a permittee has
failed to comply with the terms ol
the permit will be allowed by the
department OF the interior, according
TO a decision recently promulgated al
Washington. The decision will prove
of great interest throughout the west,
where it is understood numerous con-
tests were planned against prospect
ing permits on which the permittees
had done no work.
A most important feature of the
decision is that under the ruling
every permittee will have a year and
zen days from the date of his permit
within which to file a corroborated
affidavit showing the amount of work
done on his land. What attitude the
department will take upon such =
showing will undoubtedly depend
xpon the conditions existing at the
time. In the view of the department,
the enforcement of h stipulaJions
Of prospecting permits lies with the
secretary.
The decision was announced in the
ha7t VI v . INV III iEL1lN0d ~ |
prospecting permit in the Visalia,
Cal, land district October 4. 1920 |
August b. Tieck June 8, 1921, flied
4 protest against the permit an an
application to contest, alleging that
Mcneil did not mark the OF
his tract within the ninety days from
the issuance OF the permit ,as re-
CURED by its terms, and also that the
permittee did not begin drilling op-
srations within six months. After
reefting the facts the decision. which
is signed by Acting Commissioner
George Il. Wickham and approved by |
Assistant Secretary Goodwin. reads
rs follows:
The department has held that in
case a permittee is unable to begin
drilling operations, with the exercise
of diligence. within six months from
date OF he permit. action will not
he taken looking to the cancellation |
Of the permit. but that twelve months
and ten days from date thereof au-
thorized every permittee is required
to- file a corroborated affidavit speci-
Tying the work lone upon the land
embraced in the permit. together
With such information as may be
pertinent to his operation thereon.
nv Buk pOSt VI THIS was
eddy to disclose to the department
yhe status at the time in order to
show what has been done by the
permittee and 10 show if the terms
or the permit have been substantially
complied with and the term together
with such other information as NAV
De pertinent to his operations would
include a statement as to making the
corners n posting the required no.
sice on the land.
The purpose of the posting and
marking OF the corners on the land
embraced IN a permit is to give no
fice OF the fact that a permit has
been granted to hat particular tract
of land. In this case il appears thar
The protestant is fully aware that a
permit was granted for said land and
ais only purpose in seeking the can
collation. of the permit is to enable
aim to make application for a permit.
10 allow contests against permits for
such purpose would be to invite end
less litigation, which would tend to
ieteat the very purpose of the oil and
gas leasing act. to wit, developing of
she oil and gas OF the conn.
Try.
The only question raised by the
protest IS whether an oil and gas per.
NIT Is subject to contest by a third
party. The only parties in the case
OF an oil and gas permit are the per-
mittees and the United States, and a
contestant could acquire no prefer
ence right to a permit though the
senfest was sustained and the permit
cancelled. The enforcement of a
stipulation in a permit rests with the
department and evidence thar the