Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-01-29
Letters to The Star
Takes Issue With MIR. Mellett on
SUBMERGED Land Case
To the Editor Of The Star:

In your issue Of January 26, you
carry an article by Lowell Mellett on
the submerged land legislation now
pending before Congress. He had the
temerity to express tho view that the
action OF the Justice and Interior De-
partments in attempting to seize certain
oil land of the coast of southern Cali
fornia could not affect any other sub
merged lands.
Why? Because they do not contain
oil?
Mr.. Mellett says frightful examples
of the result of decision in favor Of
the Federal Government have been
offered. I agree with him. They are
frightful.
What is in jeopardy in this issue Is
every port in the country, every public
beach, parkway, industrial plant, high
way along the coasts, lakes and rivers,
and a hundred and one more facilities
that have been developed by the States
and their grantees on lands of the
character affected.
Lieu ~ NC uI1OC1 oGOOu tlldt llU cur y
decision yet has differentiated, in the
matter of ownership, between lands
lying below the low water mark and
those lying between the high and low
water marks. 1t makes no difference
whether such lands lie under fresh or
salt water.
Says Courts Have Decided.
Mr.. Mellett says Congress should not
act, but let the courts decide the issue.
That Is what exasperates those of us
who seek to protect the title of the
States and the cities to their water
front properties. The issue has been
decided by the Supreme Court of the
United States 81 or more times in the
last 100 years. All those decisions have
been in favor Of the States. One more
decision will not prevent some new
power seeking Federal official from in
shutting the attack anew.
The truth is that we have been It'll
gated to the point Of being weary. We
want the matter settled, once and for
all.
Mr.. Mellett shows his ignorance Of
the facts when he says: "A suit to
determine title having been brought In
the United States Supreme Court, the
State OF California-and the oil interests
affected-rush down upon Congress"
with the pending resolutions disavow-
ing the pretended claim. That is false
The record will show the following
sequence:
The Secretary of the Interior early
last spring, made a public announce
ment that he intended to grant certain
applications to private corporations and
individuals for oil leases off the Cali
fornia coast, obviously on the theory
that the Federal Government owned
these lands. Thereupon, and not before,
number of resolutions were introduced
in the House and the Senate quit-claim-
ing any such pretended claim. These
were introduced as early as March.
State Not Mentioned in Suit.
twas not until May 20 that then
Attorney General Biddle, whose resig-
nation already had been accepted, filed
a suit against a lessee of the State of
California, alleging ownership of the
land. without even naming the state
as interested in the proceeding.
1t was thereafter that the House, after
three-day public hearing at which
the Department Of the Interior was
represented but did not offer any evil
dence or argument, passed the resolu-
ton Mr.. Mellett complains of. And
then, when that was done, the Depart
ment of Justice dismissed the earlier
case and started the present proceed
ing in the Supreme Court.
1t thus will be seen that the strategy
of the opponents of the States has been
to cause these suits to be instituted to
embarass Congress and give Just one
more decision.
1t occurs to the writer that Mr.. Mel
lett, without a showing of some knowl-
edge of the fundamentals of real prop
erty law, is presumptuous in insinuating
that As OF the 48 State attorneys general
who joined to resist what they con-
sidered an attack on their States inter-
est did not know the law.
But the most glaring error of Mr..
Mellett's article is his implication that
the public interest will be protected by
the reversal of the established law, and
that private interests" are the ones
opposing the Federal claim. The point
is. if the Justice and Interior Depart
ments should prevail, it would be private
interests who would profit. They are
the private applicants to whom Sec
rotary Ickes said he would give oil leases.
W. REGINALD JONES.