The commercial. (Union City, Tenn.) 190?-193?, 1921-02-04
BILL TO ANNUL
OIL-GAS LEASE
By Col. Joseph H. Acklen, Defining
Legal Status.

House joint resolution No. II,
which passed the House and is
now pending in the Senate, after re-
citing the Oil lease now on Reelfoot
Lake in full, provides:
Whereas: According to the terms
of said lease, same has been forfeited
, by said Newberry because of the fact
of not having completed a well with
in the time required, and further in
not having paid the rental of ten
thousand dollars as required by said
contract:
Therefore: Be it resolved by the
Senate, the House concurring, that
said lease executed on July II, 1919,
by the State of Tennessee through it's
Governor, A. H. Roberts, to w. H.
Newberry be, and the same is de-
sclared to have been forfeited and of
no further effect, and that the At
torney- General of the State be and is
hereby directed to demand and col
lect from the said W. H. Newberry
the sum of ten thousand dollars as
rental for the year expiring Septem-
bcr 1, 1920, and the Clerk of the
Senate is hereby directed to send a
copy of this resolution to the Attor-
ney-General of the State"
The object sought to be accom-
plished by this resolution iG laudable,
but it is in effect a legislative recog-
nition of a lease which is ultra
wires" and void and therefore of
doubtful propriety.
From the best data obtainable, it
appears that Reelfoot Lake, some
smaller lakes, and Big Lake, in the
st. Francis Basin, Arkansas, were
created by the earthquakes of 1911
IL. The land sank and water poured
in from the Mississippi River.
Under grants, conveyances and
leases not now material, West Ten
nessee Land Company, successor to
]. C. Harris, (Webster VS.. Harris III
Tenn. 692) claimed to own the en-
tire Reelfoot tract.
The State resisted this claim and
the Legislature, by chapter 371, acts
1909, directed suit to be instituted,
on behalf of the State, to annul all
evidences of title ''in so far as they
purport to cover or embrace said
Reelfoot Lake, it's islands and shores,
or the hunting or fishing privileges
or other rights incident or appurten-
ant to the title and ownership of said
lake, and to have all Of said property
and rights incident thereto, de-
clared to be the property of the State
for the use of it's citizens.
COMMON FISHERY.
At the same session of the Legis-
lature chapter 534, acts 1909, was
passed, under which Reelfoot Lake
was set apart "as common fishery
and game preserve for the use of the
people of the State"
The preamble Of this act sets out:
"Reelfoot Lake, large body of
water lying in the counties of Obion
and Lake, is a fine fishery and hunt
ing resort and is well stocked with
great quantities of ducks, geese and
other game, and the same should be
and is necessary to be set apart, es
tablished and controlled by the State
of Tennessee as a common fishery
and public hunting and game pre-
serve for the use of the citizens of
the State"
The act provides:
Section 1. THAT Reelfoot Lake
and the islands thereof and the wa
ters thereof to the extent of low wa
ter mark at ordinary stage of the
same, lying in the counties afore-
said, be, and the same is hereby set
apart and established as public and
common fishery and game preserve of
the State of Tennessee for the public
use, under the control and subject
to the regulations CT the State, in
cluding the fisheries and hunting |
thereon"
The Legislature also passed a spe- |
cial game and fish law for Reelfoot |
463, acts 1909.
Under chapter 371, acts 1909,
quoted above, suits and condemna-
ton proceedings were duly instituted,
the details of which are not now ma
tericl, with the result, however, that
our Supreme Court Estate VS.. West
Land Co., 1877 Tenn. $3.50 |
held chat the complainant (State)
is entitled to decree establishing its
title in trust for all the people to all
that portion of the lake, it's fisheries
ana IOWllHS pTlNlleSeS,N IylHS ouISluo
Of and not over and above, the grants
issued by the State of North Carolina
to Doherty."
AS to the Doherty grants, the
State subsequently acquired those by
with the West Tennessee
Company, paying therefor
some $4,000. This perfected the
States title to the whole Reerfoot
tract, including the lake, which title,
however, as stated by the Supreme
Court, is held in trust for all the peo-
pie "as a public and common fishery
and game preserve of the State of
Tennessee for the public use.
ACT OF 1919.
On April IA, 1919, a bill Is. B.
1927, H. B. 1920 was introduced in
10Th branches of the Sixty-First Cen
,ral Assembly, the Senate bill by
senator's Parks, Haston and Doris,
he House bill by Represen ative l..
}. Miller. The House journal shows
hat H. B. 1926 passed second read
ng April Is and was held without
efapence That on ACril 16 S. b.