Evening star., 1927-12-05
ELK HILLS GRANT
UPHELD BY COURT
Falls Action in Sustaining
Standard Oil Title Is
Legally Affirmed.

The action of Albert B. Fall. former
Secretary of the Interior, sustaining
the title of the Standard Oil Co. of
California to portion of the Elk
Hills reserve in southern California,
under a grant from the State of Cali
fornia, was upheld today in an opin-
ion of the District of Columbia Court
of Appeals rendered by Justice Josiah
A. Van Orsdel. The appellate tribunal
affirmed the action of the District Su-
preme Court, which had granted an
injunction against Hubert Work, Sec
retary of the Interior, who was at
tempting to carry out a resolution of
the United States Senate to recover
all lands included within the naval oil
reserves.
A survey of the land in question
was approved and filed at Visalia
Calf, May IS, 1903, and the title of
the State and of it's grantee was not
attacked until 1914, when adverse pro-
ceedings were instituted at Visalia
concerning the mineral character of
the land. No action was taken on the
pending contest until February 49,
1921, when it was called to the atten-
ton of the Attorney General and the
Secretary Of the Navy.
Fdu DlSHfISSeU contest.
The Department of Justice decided
that the matter should be heard by
Secretary Fall, who. after notice to
all parties in interest, rendered Il
decision dismissing the contest. No
application was made for a rehearing
and the case was considered closed
until May 8, 1925, when Secretary
Work of his own motion reversed and
~ nf
ordered hearing of the adverse pro-
ceedings, which had been dismissed
The Standard Co. then sought the aid
Of the courts.
Secretary Work has no longer juris-
diction over the land, Justice Van
Orsdel finds. The court says: with
the decision Of Secretary Fall that the
land was non mineral in character at
the time of the approval of the sur
vey, nothing further remained for the
Interior Department to do. The grant
was one in praesenti and title passed
to the State of California with the ap-
proval of the survey. There was no
patent to be issued. The passing of
the legal title was complete. 1t was
the last act in the series essential to
transfer the title of the Government to
the State. Title having passed the
present Secretary has no longer juris-
diction over the land. 1t would be as
reasonable to hold that any private
owner of land who has conveyed it
to another can, of his own volition,
recall, cancel or annul the instrument
which he has made and delivered"
If fraud, mistake, error or wrong
has been done, the courts of justice.
the court points out present the only
remedy. These courts, he says, are
RI nj tot 20
the cancellation of the deed or recon-
veyance of the land. as to individuals,
and if the Government is the party
injured this Is the proper course
The appellate court also refused to
accept the contention of Government
counsel that the decision of Fall
should be vacated because he refused
to consider the geological conditions
as bearing on the question of the
known mineral character of the land
Counsel had admitted the jurisdiction
of Fall in the case. and if he commit
ted error. the court points out. it may
not be attacked in this collateral pro-
ceeding.
Considers Decision Final.
Justice Van Orsdel, however, de-
clares he is unable to agree with the
Governments claim that the case was
determined by Fall without sufficient
evidence. Fall had the statements of
fact made in the presence of repre-
sentatives of the Government and
conceded to be substantially correct:
no objection was presented to the
submission of the case, and Secretary
Fall, acting within his jurisdiction,
decided the case. The decision has
such finality as to forbid it's future re-
versal in the manner here attempted
concludes the court.