davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-03
Regulations Cited

Regarding entries on the public
land Gan application for an oil
and gas prospecting permit is not
an "entry") the Department of
the Interior has consistently held
that they are to be given prefer
ence in the order in which they
are presented. and that that prac.
ice should be followed even
though applications are received
in the same mail. That which
first comes to the attention of
the proper official is to receive
preference. Bumpers v. Hol-
loway, 48 Land Decisions 269,
and cases there cited.) Although
applications for prospecting per-
mits are not entries" they may
be, and often are, subjected to the
same administrative rules. Cease
Of Martin Judge, 40 Land De-
ciSionS IT'D Thus the rule Of
Bumpers v. Holloway, supra, has
been applied in cases similar to
the one now before the court,
and was applied in this case
when it was before the depart
ment for consideration.
The departmental regulations of
May "a, 1914 (43 Land De-
cisionS 254), relied upon by plain
tiff, have no application. They
provide, in part:
Thereafter when lands unsur-
Veyed or withdrawn or reserved
are to become subject to DISPOSE
ton under the laws applicable
thereto by the filing of o town.
ship plat or survey or by restOra-
ton to entry from such with
drawalS or reservations, all ap-
plicatiOns, filings, or selections
therefor may be executed in the
manner required by law and,
with the required fee and COM
missions, be presented to the
proper legal land office in per.
SON, by mail, or otherwise within
the period Of 20 days prior to the
date Of filing the township plat
or Of restoration to entry, un.
The Washington times., 1934-07-03

tary Of the Interior by the Leas-
ing Act Of February IS, 1920 al
Stat. 43D.
After defining the situation in
which q writ Of mandamus may
properly be issued, the Supreme
Court Of the United States has
stated in the case Of United States
VS.. Wilbur, 283 U. s. Ala:
"The law must not only auth
Orize the demanded action but
require it; the duty must be
clear and indisputable. u. s. ex
rel International Contracting
Co. v. Lamont, 155 U. s. 3O3,
308; Louisiana v. McAdOO, 234
u. S. 627, 633: Work v. Rives,
267 U. s. u.s."
After hearing Mr.. Justice Jen-
nings Bailey held that the petition
for writ Of mandamus be dis
missed with judgment against
petitioner for costs.
The petitioner appeared by
James B. Archer and the respond.
ent by Nathan R. Margold, Solicit
tor for the Department Of the In.
terror, with other assistants.
The Washington times., 1934-07-03

MANDAM ~ soil AND GAS
PROSPECTING PERMITS, IL
STAT. 437 ACT OF FEBRU.
AIRY IS, 1920.
!. WhGrs fSDO applications for
az oil or gas prospecting permit
are TeesiUed in the some mail,
the first which comes to the at
tentiOn Of the proper official
wiN receive preference.
July 2, 1884.
The case Of United States ex
rel Conlon VS.. Ickes, Secretary of
Interior, At Law No. 83S15, came
on for hearing before Mr.. Justice
Bailey on a petition for writ of
mandamuS, the rule to show cause
issued thereon and the answer to
said rule and petition.
The substance of the petition
prayed that q writ Of mandamus
issue commanding the Secretary
to direct a drawing to be held be-
tween the petitioners application
for an oil and gas prospecting
permit and the application of one
Robert Hawxhurst.
The petitioners application for
oil and gas prospecting permit
is in conflict with the prior ap-
plication filed by Roberta Hawk
hurst. Both applications were re-
ceived in the local land office in
the 9 o'clock mail on April 3,
1888, but the application of
Hawxhurst appeared first in the
mail and was opened and filed
first.
April 3, 1898, the date on
which the applications were re-
ceived, was several days after
the date on which the land had
been opened to application as a
result Of its administrative ex-
clusion from the defined limits
Of a producing oil field.
The Washington times., 1934-07-03
Drawing Held

The petitioner argues that in
aSmuch as the two applications
were received in the same mail,
the defendant was required to
conduct a drawing of lots to de.
termine which application should
receive priority. The respondent
claimed that a drawing was not
proper under then existing rules,
regulations and practices in the
Department Of the Interior, and
that priority was properly given
to HawxhurSt, whose application
was first opened and filed.
Under the Leasing Act of Feb.
ruary IS, 1920 al Stat. 43D.
which governs the issuance of
oil and gas prospecting permits,
the issuance of such permits is
a matter within the discretion
OF the Secretary Of the Interior.
Omitted States v. Wilbur (193D,
283 U. s. 414.) Section 80 of the
act grants to the Secretary the
power to make, in his discretion,
necessary rules and regulations.
The existing rules and regula-
tons do not prescribe a drawing
Of lots in the situation now be-
fore the court.
The Washington times., 1934-07-03
WATERFR RON 7.
RULE DISPUTED

Alexandria may lose her much
discussed waterfront, If the Dis
trict Of Columbia Boundary Line
Commission approves the claims
of the District which would
establish the boundary line L.
Alexander on the high water
mark Of 1871.
While a number of business
houses along the Alexandria
waterfront are against the idea
of the District taking over the
waterfront, many of the pre-.
erty owners, especially thoce
along Prince Street, feel that il
will be a decided advantage.
Identification of the wate"-
front has been a point of contro-
versy for many years in Ale
andria. The Alexandria Associ
ton formed several years agl
has as its objective beautificatio1
along the waterfront, where u2-
slightly conditions have long been
an eyesore to the citizens as We
as passengers on the numerou3
boats passing daily.
Private owners of the affecte
property have until August t.
file their claims with the cit
which will be represented by Cit"
Attorney Carl Budwesky, ar /
with the commission in Was :
ington.
The Washington times., 1934-07-03

Maddened by this sudden vio-
lence, Papa Gorilla was seized
by a sudden frenzy. He wad-
died forward clumsily on his
short, thick bowed legs, not
very fast but still roaring. He
came to where Linda lay, too
terror paralyzed to scramble UP.
His enormous hands fastened
on her knee and shoulder. With
no perceptible effort he tossed
her about twenty feet up on to
the Sloping matched roof of the
verandah. Still advancing, he
came to where the captain and
Jerome lay on the ground. They
had separated. Neither of them
moved. They lay breathless,
watching the monster. Jerome
had secured the captains re-
volver but he did not attempt
to shoot. Something in the pom
derous elaboration Of the enor-
nous brute seemed to indicate
q dazed uncertainty as to it's
next act. Jerome was hoping
that it might stop, stare and
groWl, then turn and make off
into the jungle with the same
curious SheepishneSS that it had
come upon them close to the
Tree Of the Forbidden Fruit.
Helpless
Instead, the gorilla reached
down and took the captain by
an ankle. Still the man did
not stir nor make a sound. The
gorilla took the other ankle.
He appeared then to pause as
if to reflect. Odd little rumbleS
came from his profundity Of
chest. It struck Jerome ridicu-
lousy, considering the terror Of
the situation, that Papa Gorilla
was grumbling at some diStaste-
full duty he felt called on to
perform, and much inclined to
Shirk.
Suddenly, and with the same
coordinated lightnesS with
which he had tossed Linda to
point of comparative safety,
Papa Gorilla heaved back and
swung the captain round his
head. Jerome expected to see
the man shattered on the earth.
Instead, Papa Gorilla looSed his
hold in full swing. The captain
splaShed out into the pool.
Jerome sat up and began to
recite '"The Rhyme Of the Nancy
Bell" The big animal turned
and stared at him thoughtfu1ly.
Jerome started on the second
verse, using care about his die
ton. Papa Gorflla'S close set
eyes rolled about, then roved
along the edge Of the jungle.
The Deb, thanking him as
usual, crouched and begun to
scratch her bosom. He paid no
attention to her. His alert eyes
had picked out the opaque form
Of the Racketeer. crouching in
the thicket.. Papa Gorilla gave
The Washington times., 1934-07-03
No Prior Permit

That regulation is not appli-
cable to the present case because,
by its express language, it applies
only to the situation in which
land Is opened for the filing of
applications on the cancellation of
q prior permit. In this case there
was no prior permit. The non
applicability Of this regulation
also is clearly indicated in the
Lincoln Idaho Oil Company case,
supra. There the Department
considered applications for per-
mitS on land made available by
the redefinition Of the boundaries
of a producing oil filed. Such is
the instant case. Yet, because Of
peculiar circumstances not present
in the instant case, the Depart
ment specifically directed that a
drawing be had substantially in
the form provided in Circular No.
929 Of April %, 1924" Had the
regulation been applicable in a
case such as this, no specific di-
rection would have been neces-
sary, nor would the word Sub
stantially" have been permissible.
That regulation also refers only
to applications filed on or before
the day Of opening the land for
filing. The applications in this
case were subsequent to that time.
A General Land Office letter Of
March 28, 1888, clearly indicates
the practice Of the Department in
situations Of the type now before
the court. It states:
1.-THE Secretary Of the Interior.
Sir:
'"The definition of o struc-
ture IS within . producing oil
and gas field Is, in effect, q
withdrawal Of the lands from
appropriation under Sec. Is of
the oil and gas leasing act Of
February IS, 1920, al Stat.
437), and when lands have
been excluded therefrOm, which
may occur from time to time,
through q revision or . revOca-
ton Of the definition, such
lands are not restored to filing
The Washington times., 1934-07-03

, pltcable because I'D they except
situations In which other meth
DDS OF treatment have been es-
tablished, such another method
having been here established, and
because az they govern only q
situation in which applications or
filings are to be presented within
a period Of 20 days before the res
toration, which Is to be upon q
date fixed in advance. In the
present case the date Of reStora-
ton came several days before the
applications were filed. The regu-
lations provide that applications
presented after the lands become
subject to filing will be received
and noted in the order Of their
filing. The application Of Roberta
HaWxhurSt was first.
Rule 4 Of the regulations. pro-
viding for a drawing, can be con-
Sidered only in connection with
what precedes 1t and has applica-
ton only to applications stimuli.
taneouSly filed as aforesaid" The
applications in this case were not
simultaneously filed within the
meaning of that regulation where
in it is stated that only applica-
tionS received at or before the
time of opening the lands to filing
are to be deemed simultaneous.
That the department has not
considered those regulations ap-
plicable to the situation involved
in the case now before the court
is clearly established in the case
Of Lincoln-Idaho Oil Co., 81 Land
Decisions 235.
Circular No. 929 Of April %,
1924 $50 Land Decisions 387), pro-
videS in part:
Hereafter the cancellation
Of an oil and gas permit will be
made effective on certain date
probably 20 days from the date
Of the letter of this office tax
ing such actiOn) when the can.
collation. win be noted on the
tract books Of the local land
office ut 10 o'clock q. m. Appli-
cations for the land may be
filed personally or by mail be-
tween the hours of 8 a. m. and
10 .. m, Of the day cancellation
becomes effective, and all apph-
cations 50 filed will be treated
rs having been filed at 10 q. m,
and I'm case Of conflict will be
The Washington times., 1934-07-03
2 Washington Real Estate
Men Are Given Honor

This surprised many people who
thought Harry L. Hopkins would
be placed in that post.
While the internal rules and
regulations have not been drawn
up and the details Of the manner
in which the administration will
function are not known, an in
teresting digest Of the provisions
Of the act has been prepared by
Hugh Potter, president Of the Ma
tional Association Of Real Estate
Boards.
The digest is an accurate one,
based on a study of the provisions
Of the act as given in the text of
the conference report of Commit.
tee Of the House and Senate, and
adopted by those bodies on June
Is. The conference report as
adopted forms the text of the bill
which was signed last week by
President Roosevelt.
The director is given power to
insure approved financial institu-
lions against loss on loans made
''for the purpose Of financing
alterations, repairs and improve
ments" upon real property. The
limit Of insurance is 20 per cent
Of the loans made by the insured
institution and obligations insur-
able include loans and advances
Of credit made subsequent to date
of enactment Of the bill.
The loan, however, may not ex-
coed $4,000 If it Is to come within
these provisions. The director may
prescribe the interest rate, ma
turity term and other requisites Of
the loan, which can be made upon
note, without necessity Of mort
gage.
The Government is liable up to
an aggregate of 200 million dollars
in insurance upon this type Of
loans.
The director may also make
loans to approved institutions
banks, trust companies, personal
finance companies, building and
loan associations, mortgage COM
panies and inStalment lending
companies-upon security Of
their insurable undermining OBJ
legations up to the full face
value Of the obligations offered
as security.
The Reconstruction Finance
Corporation or the Presidents
Emergency Fund, ''in such
amount as may be deemed nee
essary by the director" have
been named as the sources Of
fhn fIIY1dS Yorovidnd in tho act
The Washington times., 1934-07-03

No advance fling are permitted
and it was only In case Of advance
filings that any regulations per-
mitted Of q drawing.
The regulations Of March 80,
1894, Circular No 1920, issued after
the adjudication Of the present
case within the department, can
until the revision or revocation
Is noted ON the tract books Of
the local land office, pursuant
to instructions from this office.
TN view Of this situation, IL
Is the opinion Of this office
that no information should be
given out relative to the ex-
cluded lands until the respec-
tive local land office has had
opportunity to make the proper
nOtatiOnS on its tract books,
thus avoiding any unfair ad-
vantage the applicants may
secure through advance infOr-
nation.
upon approval hereof by
you, the policy as stated above
will be followed.
every respectfully,
The Washington times., 1934-07-03
z INJURED MEF,
RECOVERING

FREDERICKSBURG, Va, Ju :
3 Seriously injured in an autc'
mobile crash near here severe
days ago, two Washington me
were on the road to recovery t.,
day.
The men, L. L. Lane and w. T.
Totten, Of the First block B st. (
E., are still in the Mary Washir
ton Hospital, and doctors refr-
to allow anyone to see them as y
due to their serious condition.
At the time of the accide::
witnesses telephoned police tn
the car contained a machine 81
and several other fire arms.
Investigating, police found on =.
a few shotgun shells and learn.
that the men were on q huntir
trip. Witnesses also reported
police that some firearms HI
been taken out Of the car by ur,
identified persons before the pole
arrived, but this could not be We. .
fled.
The Washington times., 1934-07-03
ROCKEFELLER
HEIR To WE'D

NEW YORK, July 3 G.N.s0.
A family friendship Of several
years. standing today eliminated
in the engagement Of socially
prominent Mary French to Lau-
renee spelman Rockefeller, son
of Mr.. and Mrs. John D. Rookie
teller, jr.
Announcement of the engage
ment was made last night by
Miss French's parents, Mr.. and
Mrs. John French. The wedding
win take place in August.
The engagement had its incep-
ton in the college friendship Of
Miss French's brother, John
French, jr., and her fiance'S
brother, Nelson Rockefeller, who
were classmates at Dartmouth.
Miss French is a graduate Of
Rosemary Hall and attended Vas
sar. Mr.. Rockefeller is a graduate
of Princeton and recently COM
pleted his first year at Harvard
Law School.
The Washington times., 1934-07-03

less the law or the regulations
governing the disposition Of .
particular application or the
land affected otherwise provide.
No priority will be secured nor
right forfeited by the, presents
ton Of such application, filing,
or selection in the manner and
within the time prescribed prior
to the filing Of the township plat
or the restoration Of the land to
entry, and all such applications,
filings, and selections shall, with
those presented by persons pres
ent ct the local office at the
hour the lands become subject
to entry, be held and treated as
simultaneously filed.
Applications presented after
the lands become subject to en-
try will be received and noted in
the order Of their filing.
The register and receiver win
carefully compare all applica-
tons simultaneously filed as
aforesaid and will dispose Of
them as follows:
4. Where there are applica-
tons conflicting in whole or in
part in which no one Of the sew.
eral applicants claims prior set
Element the register and receiv.
er will write on cards the names
Of the several applicants, and
each Of these cards shall be
placed in an envelope upon
which there is no distinctive or
identifying mark, and at 2
O'Clock p. m. ON the date Of
opening to entry, II practicable
(if not, at the same hour one
week later, after I'll the en-
velOpes containing the names Of
the several applicants shall
have been thoroughly mixed in
the presence Of such persons as
may desire to be present, they
shall be drawn and numbered
in order. The cards as num-
bered and drawn will be secure
ly fastened to the applications
Of the respective persons, and
the applications shall be al
lowed in such order"
The Washington times., 1934-07-03

a roar and started for him. It
was as If he had sought and
found a pretext. There was a
sudden rush and scurry, a pro-
digious crashing Of stiff foliage,
and the perfunctory chase took
itself off.
The captain had clambered
on his feet and was standing in
water chest deep. He was swear
ing softly to himself. Jerome
called to him in a low voice:
run for the beach before he
comes back! Hurry. or you are
lost!"
The captain came wading to-
ward him. 81 hear some others
over there. Repeat your charm,
senior, for the love of heaven. :"
It was not a charm but the
story Of a shipwrecked sailor
who devoured a boats crew Of
survivors. 1t appears to calm
them"
Linda called from her matched
perch: TELL that picture pirate
I am going to scream. He saw
what happened when I screamed
before
Jerome translated, then added:
"These giants believe that she is
Sonora Eve" He was not quite
sure about the correctness of
this title but it seemed better
than Madonna"
Santa Maria, but they are
right. She is beautiful as the
dawn. Tell her not to scream,
senior. I co."
Subsiding Rage
He waded out and went down
the stream before darkness
should be complete in the heavy
shade. Jerome got up.
"Hurt?" he asked Linda.
mo. Papa tossed me up here
as gently as Dads farmer used
to toss me on to the hay cart
when I was a little girl"
HE wanted to protect you"
eyes. The old boys fond Of
me. He did precisely what
Mama Goril did the other day
when the Racketeer got temper
mental with her. She tossed
the baby into a high fork,
then took after him.
well, Papa's fits Of temper
are brief. Because he can't
remember what it's all about.
perhaps. We are probably rid
Of those hombreS. It doesn't
matter. rs they have left their
guns"
He walked to the edge Of the
roof and lifted Linda down.
Fancy tossing q rugged gal
like you up on to a roof"
He told her then what he
had learned from the reward
seekers. I'VE don't want
Tommy to pay any reward to
us, Linda. The sooner we get
to San Cristobal the better"
'Who owns this placer"
The Washington times., 1934-07-03
Baptist Ministers
Hear DR.. Richards

The Rev. John Richards, pastor
emeritus of the Second Baptist
Church, Of Southwest Washing
ton, addressed the Baptist minis
terS' conference yesterday at Yer
mont Avenue Baptist Church.
Another speaker was DR.. Will
liam H. Jernagin, pastor Of Mt.
Carmel Baptist Church and presi-
dent Of the National B. Y. p. U.
and Sunday School Congress.
which recently held its annual
convention here. DR.. Jernagin will
sail Saturday from New York to
the Holy Land
The Washington times., 1934-07-03
Not Filed

have no application. The petit
toner quotes from the case Of
West VS.. Alling, So App. D. C. 329,
332, to the effect that no change
Of practice within the department
can have a retroactive effect.
That decision is sound and serves
to protect the application of
Hawxhurst from the necessity of
a drawing as required under the
new regulations.
Thus, no law or regulation or
rule or practice required a draw
ing in this case. The uniform
practice Of the department was
that no drawing be had in a case
such as this, and that practice
was permissible as a part Of the
discretion granted to the Secre-
The Washington times., 1934-07-03
8 GROUPS UNITE
IN FILM DRIVE

Protestant and Jewish women's
groups today united with the
Catholic Sodality Union of Wash
ington in what is designed to be
a campaign to eliminate objec-
tionable film from the motion pic
ture industry.
Mrs. Harry Kirk, chairman of
the local Legion of Decency COM
mittee of the Sodality Union is
meeting with the other groups in
the office of Wilbur La Roe, jr.,
chairman Of the committee on
civic affairs of the Washington
Federation Of Churches.
Representatives at the meeting
include Mrs. Louis Gutenberg, act
ing for Jewish women, and Mrs.
william o. Tufts, representing
ProteStants.
The Washington times., 1934-07-03
DriUers For Dairy
Join Milk Union

Embassy Dairy drivers yeSter-
day became affiliated with the
International Milk Drivers Union,
after negotiations lasting two
months. The officials Of the COM
pany stated only portion Of the
drivers would benefit through the
utilization. Those affected num-
Der about 40. The merger had the
approval Of theA employers.
The Washington times., 1934-07-03

} Mr.. Boomers salary is reduced
from 100000 to $4,000 q year
and Oscar Tschirsky, the wal
dof-AStoria'S celebrated maitre
d'hotel, will receive $20,726 in
stead Of $4,000.
Mr.. Boomer will continue to
Occupy an apartment in the hotel
and have meals for himself and
his family. Apartment and meals
will be free.
Old employees at the hotel said
that Oscars salary was $50, 900
or more in the gilded days Of the
original Waldorf-AStoria at Thir-
ty-fourth Street and Fifth Ave
nue..
The Washington times., 1934-07-03
YOungbLOOd Named
To StudV NnUnjOS

DR.. B. Youngblood, specialist in
economics and sociology, office Of
experiment stations, Department
Of Agriculture, has. upon request
Of the Secretary Of the Interior,
been assigned to make a study Of
economic and living conditions
among the Navajo Indians, with
a view to finding means Of improv'
ing these conditions. Youngblood
will devote attention to the trade
relations Of the NavajoS.