Evening star., 1949-02-13

IlCll SuUIllcl ecu ldiluo VI tIIC =
cific Ocean and the Gulf of Mexico
is shaping up again in the Su-
preme Court and on Capitol Hill,
The court Is considering chal-
lenge by the States of Louisiana
and Texas on the technicahty of
whether. as a matter of fact, the
Federal Government can bring ac-
tions to get title to the lands with
out their consent. The tribunal
is expected to decide this issue
shortly, perhaps tomorrow.
Meanwhile, Congress faces al
most Identical legislation with re-
spect to submerged lands that was
before the 80th Congress. One
bill would give the coastal states
title to submerged lands off their
coasts, on which a joint commit
tee held hearings last year. Then
there are two Government bills
which would set up a manage
ment policy for the lands and re-
linquish all Federal claims to in
land waterways and quiet fears OF
owners of docks, etc.
Attorney General Clark. who
won a Supreme Court decision in
1947 that the Nation as whole
had paramount claim" to the oil
lands off California. has filed a
similar complaint against Louisi-
ana and Texas. off whose lands it
is estimated lie far greater oil
reserves.
Kemp Challenges Clark.
Attorney General B. E. Kemp,
jr., of Louisiana, challenged Mr.
Clark. He contended that the
Constitution contains no provi-'
sion extending the consent of the
States to be used by the Federal
| Government and the Supreme
| Gourt therefore is without juris-
diction. Further. such proposals
to grant that consent were made
to the constitutional convention
and rejected, he added.
Mr.. Clark, pointing out that no
such challenge was made In the
similar California case, replied
that a rejection of the right to
file the complaint would overrule
continuous body of law that has
gone on for decades.
Texas also maintained that the
action should have been initiated
in Texas Federal District Court.
MI. Clark conceded it could have
been filed there but that the pro-
ceeding was matter OF great
magnitude" which the founding
fathers intended only the Supreme
Court should hear.
Thus, the two Gulf States,
promising a heated legal battle to
retain the oil lands which already
are being developed as far as 10
miles seaward, began skirmish
without showing their hands as
to what they intend to bring for
ward should the Supreme Court
deny their motion and the real
battle gets underway.
Attorney General Clark con-
ceded before the joint committee
last year that there might be
some extenuating circumstances
in the cases of the two States.
/ Texas. for instance. has main
tanned that because it was an in
dependent nation before it en-
tered the union it never relin-
quished such titles.
Gulf Area Rich in Oil.
Estimates as to the amount OF
oil in the Gulf run as high as
10, 900 100000 barrels. which is
one-half of the proved United
States petroleum reserve. The
Cuffs shallow water allows drilling
further out than in the Pacific
some say as far as 100 miles.
! Private drilling operations off
the California coast continue but
the royalties which went to the
State before the Supreme Court
decision are being impounded.
This is necessary in the absence
of any management legislation
and several pending suits over dis
puted areas, such as Santa Bar