Evening star., 1929-01-02
us. COURT VACATES
FALL LAND AWARD
Government Receivers VaIu-
able Property in Elk
Hills Reserve.

The Government succeeded in the
supreme Court today in its effort to
recover from the Standard Oil COMPANY
valuable Oil lands in the Elk Hills naval
oil reserve in California.
In its decision the court set aside one
more act of Albert B. Fall as Secretary
Of the Interior. 1t had been contendcd
that Fall did not determine whether
the land was known to be mineral land
in 1922, when the matter was brought
to his attention
When the question was before Fall
the Government charged he gave it no
opportunity to present testimony or to
be heard in opposition to the position
taken by the company.
Early Survey Showed Minerals.
The decision of the Supreme Court
today was in the case of Roy O. West
against the Standard Oil Co, reversing
the decision Of the Court of Appeals of
the District of Columbia. Justice Bran
deis delivered the opinion of the court
The lands in question were granted
by Congress to the State of California
to be used for public schol purposes, on
the condition that, II upon survey it
were determined that this was mineral
land, title should not pass to the State
The official survey, in 1901, showed that
these were mineral lands. Various rules
and orders of the Secretary Of the In
terror were applied to the lands between
1900 and 1909, when they were included
in President Taft's withdrawal order.
In 1910 the Secretary of the Interior
approved a recommendation of the
Geological Survey that the lands be
Withdrawn from settlement or entry,
which was approved by President Taft,
and in 1912 these lands were pernla-
nently withdrawn and included in naval
reserve No. /.
In the meantime. George Ray and
M. w. Burlington purchased the land
from the State Of California, and sold
1t to the Standard Oil Co. Nothing was
done on the lands until 1918. when the
company began drilling operations and
discovered oil in 1919
In 1914 the General Land Office di-
rected that proceedings be begun against
/ this section of land on the ground that
II contained valuable mineral deposits
as disclosed in the survey of 1901. Moth
ing farther was done until 1921, when
the General Land ONCE ordered a re-
neWal Of charges. Notice was served on
the Standard Oil Company and pro-
ceedings we're started for a determine
ton of the charges by means of a
nearing, at which both the Govern
nlent and the company could present
testimony under oath and cross examine
witnesses, as was required by the rules
of the department.
Fall Order Vacated.
The Standard Oil Co. did not pre-
sent defense or evidence under oath.
but in June, 1921, the attorney for
the company obtained an oral hearing
before Secretary Fall and at the con-
clusion of this hearing Secretary Fall
announced that 1.-The contest will be
dismissed"
In 1924, Congress by a joint reso-
luton directed the Secretary of the
Interior to institute proceedings to as
Sert and establish the Governments
an order vacatfng Secretary Falls order
of dismissal and ordered proceedings
instituted.
The Standard OIL Co. then applied
to the Supreme Court of the District
of Columbia for an injunction to re-
strain these proceedings. A preliminary
| injunction was denied by Chief Justice
Mccoy, but on final hearing an in
| junction was granted by Acting Associ-
ate Justice Smith. This was affirmed
| by the Court of Appeals of the District
of Columbia.
The Secretary of the Interior then
/ brought the case to the Supreme Court.
| The Standard Oil Co. contended in op-
position that Secretary Work was with
out power to set aside the order of
/ Secretary Fall, and that the proper
procedure was to impeach the order
| by bill in equity.
| The decision today was based on the
grounds that what Secretary Fall did
Was only to pass on question of law,
not on any question of fact, and that
this did not preclude any subsequent
action by the department. e.