Evening star., 1947-06-24
New Congress Fight
For State Control Of
Oil TideIands Planned

immediate congressional action TO
surrender the Federal Governments
Interest III oil-bearing tidelands, to
the States was in prospect today
after the Supreme Court ruling
stripping California of ownership of
rich lands between the low-water
mark and the 3-mile limit.
The court acted on the long-stand-
ing controversy yesterday as it
closed the docket for the year and
adjourned until October.
1t was the tidelands oil issue which
precipitated the celebrated "Pauley
case" more than year ago when
Edwin w. Pauley, President Tru-
mans nominee for Undersecretary OF
the Navy, was alleged to have sought
to block the Government suit for
possession of the California lands.
Mr.. Pauley Withdrew his name in
the midst of Senate fight, and Sec
retary of Interior Ickes, who had
opposed him, broke with the admin
istration over the matter and was
ousted from the cabinet.
Poulson to Draft Bill.
Representative Poulson, Republi-
can, of California, said after the
court ruling that he would begin
preparation of bill to provide for
. Federal quitclaim in favor of the
States, for tidelands, submerged
lands beneath beds of bays, lakes
and other navigable waters.
"It will be a bill that Congress
will pass over the Presidents veto
and which the Supreme Court will
understand, Mr.. Poulson said.
Representative Bradley, Republi-
can, and Senator Downey, Demo-
crat, both of California, expressed
support for such legislation.
Congress passed quit-claim bill
last year, but it was vetoed by
President Truman, and the veto was
sustained.
In other actions yesterday, the
court, in a series of 5-4 decisions,
established important precedents as
to trial rights OF persons accused OF
crime.
Fay-Bove Verdict Upheld.
One of these upheld New York
States blue ribbon jury" pro-
cedure. Another upheld the CAL
ifornia law which permits the pros
ecutor to comment to the jury on
that fact, If the defendant does
not take the stand.
Both these procedures had been
attacked as violations of the Con-
stitution's guarantee of trial by
due process Of law.
Joseph s.. Fay and James Bove,
labor union officials convicted of
extorting money from contractors,
protested the blue ribbon jury"
They said it meant they were tried
by persons drawn from "the upper
stratum of economic and social life"
They said they would have been ac-
quilted by a jury representing q
cross-section of the public. They
were sentenced to terms of 81 to
16 years in prison each.
Splitting, 4-3, with Justice Burton
reading the majority opinion, the
court held that E. I. du Pont de
Nemours & Co., Inc; National Lead
Co. and Titan Co., Inc, have vio-
lated the Sherman antitrust law.
The case came from the New York
courts where it was held that the
firms had combined to restrain trade
in titanium compounds which are
used in making paint, paper, rubber,
glass and other industrial COM
pounds.
In a 5-3 ruling, the court said that
District Court in Chicago had
quashed improperly antitrust pro-
ceedings against the Yellow Cab Co.,
and five af11liates. This ruling per-
mits the Government to reinstate
the cases.
Will Review Film Case.
The court agreed to review at the
next term a Sherman Act decree
which the Justice Department OBJ
tanned against a group of motion
picture companies including Para
mount, Goth Century-Fox, Loew,
RKO, Warner Bros, Columbia, Uni
versal and United Artists.
The court for the second time re-
fused to review the conviction of
Donald Wakefield Smith, former
member of the National Labor Re-
lations, on mail fraud charges. He
was convicted jointly with Mayor
James M. Curley, of Boston, and
sentenced to from four to II months
in prison, and fined 1000.
While the 6-2 tidelands decision
upholds a suit by the Federal Gov
ernment solely against California,
its language is so general as to apply
to coastal areas all around the con-
tinent and their rich oil and min
eral deposits.
Involved were about 100 leases
issued by the State Of California for
withdrawal of oil from under the
waters. Billions of dollars may be
involved in all the coastal areas
affected.
bdSis OF SalltOTnid SIdlfH.
California's claim was based in
considerable part on previous court
ruling that Alabama owned tide
lands between high and low water
marks. The State argued that
Alabama's ownership stemmed from
rights acquired from the British
through the Revolution and the
same rights extended to other States
as they were admitted to the Union.
1t urged that the rule extended also
TO the land out to the Smile limit.
Justice Black, for the majority,
however, said the court could not
agree that the State claims extend
so far. At the time of the Revolution,
he said, the Smile limit was only a
'nebulous suggestion among ma
tions. He credited the Federal Gov
eminent with originating the formal
assertion of dominion over that area.
And this assertion of national
dominion over the 3-mile belt is
binding upon this court" he added.
Justice Black relied principally on
an argument that the Federal claim
must be paramount for reasons of
national security and because the
Nation itself rather than the States
must deal with international ques-