, 1923-03-25
MEN
A N OPERATORS
IN LEGAL TILTS
Another Battle Will Be
Staged In Homestead War
For Salt Creek Rights

Another battle in tho Homestead
war between Is e~xservice men who
have filed on homesteads in the salt,
Creek field and several oil companie,
who are operating in the field will bs
staged April 1G when tho cases CONS
up for n r~ehearlng before Hubert
Worl-. secretary OF the interior. II
is expected that the question OF the
rights OF the homesteaders will be
finally settled at this time.
The history of the case extend,
over various periods and trough sew.
eral hearings and decisions. The sub
ject for augmentation dates back a.
far as the Withdrawals made OF OIL
lands by President Taft in 1903 and
1910.
Attorney Floyd e. Pendeli, who 4,
handling the cases for the homestead
ers, gave the following resume of the.
contest yesterday:
"A group OF three ex.service men
in 1919 filed homestead entries before
the passing of the leasing bill. II
was the contention OF the services
men TINT President Taft in the with.
drawals Of 1909 and 1910 took the
possession Of the lands away from
the Midwest OIL company, which con.
tention has been later sustained by
the United States supreme court.
THE case of the Midwest OIL com.
pany came up before the United
State supreme court for a rehearinr
February 20. 1915. The decision up
held the withdrawal OF the lands and
virtually denied the right of the Mid.
west oil company to acquire titles
under the Placer act.
From and after the date OF this
decision negotiations to acquire title
were started by the Interested parties
who desired to see additional legisla,
ton on the subject. On July II. 1914.
congress passed a law stating that
lands withdrawn could he entered by
homesteaders and that homesteaders
could acquire title to the surface. .t
THE present IL or is homesteaders
have never commended that they were
entitled to the oil rights. but claim
that they have n right to a patent on
tho surface.
Mr. Tallman, commissioner OF land
in 1920. suspended the entries. and
the homesteaders took an appeal
from the suspension to the secretary
OF the Interior June. 1921.
The first assistant secretary of the
interior, reversed tho Tallman de-
clsion and declared that the law en-
titled he homesteaders to surface
patent. f
The oil companies filed n motion
before Secretary Fail for n rehearins.
FAN decided that the homesteaders
had n right TO patents on 40 acre
tracts or so much rs oil companies
did not need. p
During the year tho companies
filed a%ffidavlts, Fall having resigned
December %, 1922. his resig nation to
TAX effect March 4 following. and
Secretary Fail then decided that no
homesteaders were not entitled to
any Of the ground. On March 3, he
decided to cancel all entries. ~
THE matter was then taken to-
Hubert Work, his successor. with a
petition for %rehearing. The cases ars
set for April 16 to be haerd befors
Secretary Work in person"
The anne OF homesteaders wAa
ave made entries are Max Mahoney,
Lewis NJ. Brown. Harry II. Brown.
James L.. Brown. Louis p. Lavoye,
Robert Wheeler. Claud Collett.
Claude House. Armin II. z~iehlsdorff,
Alfred s. Graham, George Merritt,
Marion X. Weaver, Thomas F.
Bales. Rex Snyder. Davis r. shldior.
and Mark j. Davis.
The principal oil companies holding
leases in the Salt Creek field who
have %petitioned for removal OF tho
homesteaders are as follows: F1vS,
Tribes Petroleum company. Boston,
Wyoming on company. New York oil
company. Fenslund oil company.
Fargo oil company. Carter on COM
pnny. Midwest oil company. Ohio oil
company, Producers and Renners
corporation, Empire state oil com.
pany. Kasomlns OIL company. as we'll
as 10 private citizens.