The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-04-07
THE WORLD
TODAY
By JAMES MARROW

| WASHINGTON H-TidelandS is
| the familiar but wrong name for
the long standing dispute between
the federal government and some
states over ownership of the oil
rich land under the water off the
coast.
The RepubIican-ccntrolIed Con-
gress is hurrying to carry out Pres
ident Eisenhower'S mpaig n
promise to give these lands to the
states. Congress viii give them a
big chunk but not the whole pie.
| The government hasn't challeng-
ed the states ownership of the
| tideland. that part of the shore
between high and low tide. The
Supreme Court ruled 10S years ago
they belonged to the states.
The dispute has beer over owner
ship of those submerged lands ex-
tending seward from the low
water mark to the edge of the con-
| tinental shelf.
The American continent slopes
seaward-as much as 200 miles off
the Atlantic Coast, 135 miles in
the Gulf of Mexico from the
waters edge till it drops off in
the Ocean deeps. This long slope
is the continental shelf.
There is oil in the submerged
lands in the Pacific off California
and in the Gulf Of Mexico off Lou
isiana and Texas. The fight over
ownership of the submerged land
began to boil in the mid 1906
when it became clear from ex-
| ploration that the oil reserves in
the gulf were very rich.
The federal government and the
states both wanted the revenue
from the oil. The government ar
gued this revenue should be for
| the benefit of all the people of the
United States, not for just the resi-
dents of a few states. The states
claimed ownership to the SUBJ
merged lands as part of their
rights" some of them claiming
ownership rights going back at
least into the 18th century.
There was another factor: Since
oil reserves are vital part of
national defense, the government
protested il should have full con-
troll of the submerged lands for
future need.
Twice, Democratic controlled
Congressman 1916 and 1852 -
voted to give the states at least
part of those submerged lands but
former President Truman killed
the idea with a veto.
And three times once in 1947
and twice in 1850 the. Supreme
Court ruled three Califor-
/ MIA, Texas, Louisiana--did not own
the submerged lands. The court
did not say the federal govern
ment owned them but did say it
had paramount rights" in them.
In view Of that ruling. the states
could not get the lands unless they
were given to them by Congress.
The court had said there is no
limit on the constitutional power
of Congress to give away U. S.
property.
Last week the House voted to
give the states ownership of at
least a part of the submerged
lands. And the Senate, now deba-
ting a similar measure, is expected
to approve it next week.
| The two houses would give the
states the submerged lands off
their coasts out to a limit of three
miles, at least. This means they
| could keep the royalties from the
oil from within that thFee-mile
boundary.
For some states - particularly
Florida and Texas the limit
/ would be farther out in the sea.
Those two states claimed a 10sa-
mile limit long ago with more or
less congressional approval at the
| time.
| But the House and Senate mea-
Sures are vague in spots and that
| viii probably mean more years Of
battling in courts. Some Of the
main supporters Of this tide
land" measure in the Senate frank
| ly admit they don't know how far
out TO sea some states might be
| able TO claim ownership on his.
torie grounds.
| The House and Senate would let
the government have what the
states can't claim, although the
Senate measure doesn't say what
the government should do with It's