The Washington times., 1924-03-01
COOLIDGE ACTS
0NEXPOSURE
BY TIMES
Special Counsel to Recover
Section 50 to. Be Named
az Result.

Lu0E 00CTOtAGy "a SAS &ntOEAUE Az
bert B. Fall Of the Governments.
claim to section SO in naval petro-
leum reserve No, and section
16 on its rim, to the Standard Oil
Company of California, by an
special counsel to recover these
valuable lands.
Whether this same counsel will
be charged with the recovery Of
the twin sections SO and l6, claim.
ed by the same company in r 81,
S, r. % e, in naval petroleum
reserve No. 2 under California State
patent, and the 2,720 acres in this
reserve leased to the Honolulu Con-
solidated OIL Company under exer-
else of the Secretary's Supervisory
power" claimed under rule IS of
Departmental Rules Of Practice. an
outlined in The Washington Times
OF February Is, or whether addi.
tional counsel will be appointed to
handle this matter, Is as yet un-
certain.
Termed Unprecedented"
Assistant Secretary of the Navy
F1nney, before the Senate Public
Lands Committee testified that
Falls supervisory power" was ex-
ercised in the case Of the original
Sections 90 and 16 was "unprece-
denied" in the annals Of the De.
partment, a. was previously stated
In The Washington Times article
OF February Is. II is upon this
fact, supported unanimously by
other Interior Department officials,
that proceedings for the recovery
of these "key" lands to the ex.
ploitation Of the California naval
reserves must be based. according
to counsel experienced in practice
of the General Land Office.
1.-THE United States Supreme
Court" according to this authority,
has repeatedly held, in Barden vs..
Northern Pacific, California vs.
Desert Company, and Daniels VS..
Wagner, that lonk-standing rulings
of the Land Department and the
construction Of the Land Depart
ment in respect to granting statutes
become q rule of property. The
common practice Of the land de-
partment by all testimony clearly
was violated by Fail in his hearing
on Section SO and his ruling in
that case almost certainly will be
held invalid and voidable in the
High Court.
Another Basis.
There is another basis upon
which the recovery of not alone
sections So and 16 in Reserve No
/, but of the twin sections in
No. and possibly other patented
lands in both reserves may be urged
successfully in the courts. Under
the universal practice Of the Land
Office the return Of the surveyor
is prima facie evidence Of the min
eral character OF land and must be
overcome by evidence submitted by
the State az to their non-mineral
character.
practically ali the lands in re.
serves Nos. l and were returned
ascertainable from the plats or the
Office or the Secretary Of the In
terror to dispose finally of these
lands, therefore, would seem to rest
on whether or not the State or
its assignee presented facts at a
regular hearing sufficient to over.
come this prima faoie evidence Of
the surveyors report. It seems
improbable that the Supreme Court
would sustain the departmental
holding that the Secretary's ruling
10. In the face Of a showing Of
gross error or fraud, res adju-
6icata"
Record Of Section SO.
The history OF Section Sc in Re-
serve No. /, as outlined in The
Washington Times Of February Is
is az follows:
"Granted to the State of Cali
fornia, subject to mineral reserva.
ton clause in act Of March 8, 1853
Reported covered with mineral
locations in 1899.
Entry suspended February 8,
1900.
Survey completed December IL,
1901, and mineral character noted
by surveyor in field.
"Survey and mineral notation ap.
proved by Surveyor General August
/, 1909.
Report accepted ana plat filed
ter notation by the Commissioner
Of the General Land Office January
26, 1908.
Suspension terminated April s,
1904.
California petitioned for non.
mineral indemnity land in lieu Of
section SO, March Z, 1908.
Withdrawn from agricultural en-
try September IA, 1908, pending
classification.
Classified by Geological Survey
as oil land and approved by Sec
rotary Of the Interior June Z, 1909:
withdrawn from mineral entry Sep.
TENDER "a, 1909.
Patented January 20. 1920, by the
State Of California to purchasers
from whom Standard Oil claims
title.
! pickett act passed June 8, 1910.
and section 80 included in petroleum
reserve No. by Presidents order
Of July 2, 1910.
Included in naval petroleum
reserve No. / by Presidents order
Of September 2, 1912.
/ Charges made by field division
chief April s, 1913.
Hearings ordered in visAlia Land
office by commissioners letter Of
January IA. 1914. Letter astray
and contest in allegiance until Feb.
ruAry ., 1921, when letter was dis.
covered and reported to Land Office
with Information that Standard OIL
and Pan.AmericAn Petroleum Com.
pany were already developing the
section and taking out three to four
thousand barrels daily.
Commissioner on February 20 or.
defed charges amended and hear.
ings instituted at the local Land
office at Visalia, Calf, notifying
the Secretary Of the Interior, who
On March 3 notified the AttoEn0y