Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-02-24
u. S. is FACING HARD TASK
In OIL LEASE LITIGATION
Facts Must Be Sifted From Invective.
Allegation and Partisan Fire
works in Teapot Case.


pretations which might be placed In a
court upon such words and terms as
ito conserve" develop" "use," "op-
crate the same" an his discretion"
directly or by contract" directly or
~ contract, lease or otherwise" and
IN needs little imagination TO picture
80 >ndless complications involved In
Al. effort to convince a Judge that
the words do not mean what they
actually say.
The government. Oh the other hand,
may grant the authority OF those
executing the leases and center its at
tack on the allegation that there was
fraud and corruption IN their eYecu-
ton. This move seems more probable
In the light Of testimony so far de-
veloped and made public at hearings
before the Senate public lands COM
mtttee. But how much of that evil
dence would stand In court is an
other question.
Fraud Not Easy to Prove.
Fraud and corruption aga,ns. the
government are not the simplest
things In the world to prove In court
The United Stat~s Supreme Court has
laid down rI.o, frequently reiter-
ated, TO guide those VINO set ou. to
prove fraud and corruption In the
execution of a government convey
ance. The rule was stated by the
late Justice Miller as follows:
eve take the general doctrine to
be, that when in q court OF equity
it is proposed to set aside, to annul
or to correct a written instrument for
fraud or mistake in the execution OF
the instrument itself, the testimony
on which this is done must be clear.
unequivocal and convincing. ard that
ponderance Of evidence which leaves
the issue N doubt.
IF the proposition = Is sound
in regard 70 the ordinary contracts
OF private individuals, how much
more should 1t be observed where tho
attempt is to annul the grants, sne
patents and other solemn evidences of
title emanating from the government
OF the United States under It's off,
ctal seal. In this class Of cases the
respect due to a patent. the presump-
tons that all the preceding steps re-
CURED by the law had been observed
before it's issue, the Immense inpor-
lance and stability of titles dependent
upon these official instruments, de-
mand that the effort to set them
aside, to annul them or to correct
mi CT II iy, ,L4
cessful when the allegations on which
this is attempted are clearly stated
and fully sustained by proof. Il Is
not 10 be admitted that the titles- by
which so much property in this coun-
try and so many rights are held, pur-
porting to emanate from the au-
thoritative action o. the officers OF
the government shall be de-
pendent upon the hazard Of success
ful resistance to the whirns and
caprices Of every person who chooses
to attack them in q court Of Justice;
but it should be we'll understood that
only that class OF evidence which
commands respect, and that amount
of II which produces conviction. shall
make such an attempt successful"
Possible Moves In Case.
1t is unlikely that the government.
will allege inadequate consideration
as basis for annulment OF the
leases, for an examination Of the Tea
pot Dome and California reserve leases
disclosed that the government woulc
receive as high as so per cent In royal
~ xrItI
delegates power to the Secretary
Of the Interior 10 lease public lands
specifies the minimum royalty az l21:
per cent.
Nor is it likely that there Will be
brought into court the question as to
whether the leases were given In def
ance of policy of the government to
maintain in the ground "a great reserve
supply Of OIL" for testimony before the
Senate public lands committee has
shown a difference Of opinion existed
among officials as to the practicability
Of such policy.
The act authorizing the Secretary
of the Interior to lease oil lands re-
quires public advertisement and award
of the lease to the highest bidder. But
no such provision appears In the act
the Secretary oe the Navy
to lease the naval reserve oil lands,
so that 1t would seem to be clear that
the counsel for the government could
not make a point Of the fact that the
leases were granted without previous
advertisement for bids.
There remains the possibility that
the lessees of both the Teapot Dome
reserve and the California reserve
may agree to the cancellation OF their
leases. Should this occur-and Mr..
Doheny intimated that his company
was willing to cancel It's lease-the
agreement provides that the lessee
shall make full provision for the CON-
and protection of the prop
erty. shall pay all outstanding royal
ties due the lessor and show that the
public interest has not been i'm
paired.
The United States also has the right
to purchase, within six months, and
at a price agreed upon by a board os
all machinery and equip
nent used in the production of the oil.
Ants Are "Scoffiaws."
Ants consume more alcohol in pro-