Submerged Oil Lands

RIGHT TO PETROLEUM DEPOSITS IN THE BED OF THE

PACIFIC OCEAN LITTORAL TO CALIFORNIA

WEDNESDAY, MARCH 22, 1939

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C.

The subcommittee met at 10 a. m., Hon. Hatton W. Sumners (chairman) presiding.

The CHAIRMAN. Gentlemen, we are considering this morning the bill introduced by Mr. Hobbs, as well as a bill introduced by Mr. O'Connor.

I do not know whether you gentlemen are fairly well organized for your presentations. I have discussed the matter somewhat with the committee, and we understand that there are gentlemen here from a considerable distance who would like to present their views with reference to the bill introduced by Mr. Hobbs and also Mr. O'Connor's bill. I think those two bills cover all of the pending legislative proposals with regard to this oil that is involved. It would probably save time if we discussed informally our procedure.

It has been suggested, and I think probably it is a good suggestion, that in view of the fact that Mr. Hobbs has introduced one of these bills, the one for which the hearing was called in the first instance, that the committee hear from Mr. Hobbs at this time.

I am sure that those of you who are interested in this proposed legislation would like to have the views of Mr. Hobbs supporting the bill which he has introduced, so that if there is no objection, Mr. Hobbs, we would like to have you proceed at this time, if you will be good enough to do so.

I assume that members of the committee have been furnished with a copy of Mr. Hobbs' bill, which is House Joint Resolution 176, a copy of which will be put in the record at this point.

(H. J. Res. 176 is as follows:)

[H. J. Res. 176, 76th Cong., 1st sess.]

JOINT RESOLUTION Declaring the conservation of petroleum deposits underlying submerged lands adjacent to and along the coast of California, below low-water mark and under the territorial waters of the United States of America, essential for national defense, maintenance of the Navy, and regulation and protection of interstate and foreign commerce; reserving the same as a naval petroleum reserve, subject to any superior vested right, title, or interest; and authorizing appropriate judicial proceedings to assert, ascertain, establish, and maintain the right and interest of the United States of America in such reserve, and to eject trespassers

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the conservation of petroleum deposits underlying submerged lands adjacent to and along the coast of the State of California, below low-water mark and under the territorial waters of the United States of America, is hereby declared to be essential for national de

Resolved, That the said Attorney General be, and he is hereby authorized to bring such actions or suits in the name of the United States, and to incur such expenses and disbursements in connection therewith as he may deem properly necessary to effectuate and accomplish the directions and purposes of this joint resolution.

The CHAIRMAN. Mr. Hobbs, we shall be glad to hear you at this time.

STATEMENT OF HON. SAM HOBBS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ALABAMA, AND A MEMBER OF THE COMMITTEE ON THE JUDICIARY

Mr. HOBBS. Mr. Chairman and members, both of the full Judiciary Committee and of the subcommittee, Senator Connally, and colleagues, in addition to House Joint Resolution 176, each of you has before you a copy of my brief in advocacy thereof, to which I invite your careful attention at your leisure. Much of the ground covered in my brief will be untouched in this oral statement.

I am in the happy or unhappy position of an innocent bystander. That reminds me of the story told down in my country at Natchez, Miss., about the colonel in the Union forces who came back to visit that part of the country after the surrender. He went into the hotels and restaurants and found that the Negroes were not eating with the white people nor drinking with them in the saloons. And he asked an old Negro who had on a Confederate uniform why it was. He said, "We fought this war to free you damn Niggers, and you are not taking advantage of the rights we fought to give you and which you have now." He asked, "Have these fellows down here made law against your eating with them? Or against your drinking in the saloons with them?"

any

The Nigger said, "No, sir; not as I has heard of. The only law on the subject is what they call down here the law of the innocent bystander." "Well," asked the colonel, "what is that?"

The Negro replied, "I don't know, sir, what that law is, but I can tell you how it works. A few uppity Niggers decided that they was going to eat with the white folks after the surrender. They went into the hotel and were seated, the Negroes on the sides of the table and one white man at each end. Just before they would begin to eat one of the white gentlemen would say to the other, 'I don't like what you said about me.' And the other gentleman would say, 'You're a damn liar. I ain't said nothing.' And with that they would pull out their shooting irons and start shooting at each other, but neither one of them would ever get hit. The Niggers would always get killed. And when it came up in court the judge would decide it warn't murder, but jist the law of the innocent bystander."

Well, I feel very much like I am an innocent bystander in that sense, because I have all but been burned in effigy on the California coast. I have been damned from Dan to Beersheba, and it does not make a "diff of bitterence" what the outcome of these resolutions may be, everybody is shooting at me. My own State may eventually be called upon to defend its similar claim if and when a resolution applying to Alabama shall have been introduced. But when we see the gleam of truth we should follow it into the fullness of its light. Therefore, while I have the highest regard in the world for California and her rights, and am a rabid advocate of States' rights to the nth degree, and love the mem

feuse, maintenance of the Navy, and regulation and protection of interstate and foreign commerce, and that in the exercise of the paramount and exclusive powers of sovereignty of the United States for those purposes, there are hereby reserved and set aside as a naval petroleum reserve any and all such deposits, subject to the same control of the Secretary of the Navy as is provided for other naval petroleum reserves; subject, also, to any superior right, title, or interest of any person, partnership, association, corporation, or of the State of California, or any municipality, or local subdivision of that State which may have heretofore been granted by the United States of America, or which may have become otherwise validly and lawfully vested, or which may be recognized and established in the judicial proceedings hereinafter authorized. SEC. 2. That the Attorney General of the United States of America is hereby authorized and directed, by and through appropriate judicial proceedings, to assert, ascertain, establish, and maintain the right and interest of the United States in and to such naval petroleum reserve and deposits, and to cause and effectuate by proper judicial proceedings the removal and ejectment of all persons now or hereafter trespassing upon or occupying the said submerged lands or removing the petroleum deposits therefrom without any superior right or interest, and without the consent and permission of the United States.

SEC. 3. That nothing contained in this joint resolution shall be construed as a taking, as authorizing a taking, or as ratifying a taking, of any property by exercise of the power of eminent domain; nor shall this joint resolution nor anything herein contained, nor any inference or deduction which may be drawn herefrom or from any part hereof, be construed as releasing, waiving, abandoning, disclaiming, or affecting in any way whatsoever any right, title, claim, or interest which the United States of America has or would otherwise have to other petroleum deposits and submerged lands or the right to set aside other petroleum deposits and submerged lands elsewhere as naval petroleum reserves or for other purposes.

(H. J. Res. 181 is as follows:)

[H. J. Res. 181, 76th Cong., 1st sess.]

JOINT RESOLUTION Relative to the establishment of title of the United States to certain submerged lands containing petroleum deposits

Whereas the petroleum reserves in the United States are constantly decreasing;

and

Whereas the oil reserves now owned by the United States are in serious danger of depletion or loss from various causes; and

Whereas large petroleum deposits underlie various submerged lands along the coast of the United States and below low-water mark and within a distance of three miles under the ocean below said low-water mark; and

Whereas all such submerged lands below said low-water mark and within such three-mile limit lying along the coast of the United States are asserted to be the property of the United States; and

Whereas various persons have heretofore entered, or in the immediate future intend and propose to enter, upon such submerged lands and remove the petroleum deposits underlying the same, without the consent or permission of the United States, and to the irreparable damage and injury of the United States; and

Whereas immediate action on the part of the United States is necessary to preserve such petroleum deposits for the future use of the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Attorney General of the United States be, and he is hereby, authorized and directed, by and through speedy and appropriate proceedings, to assert, maintain, and establish the title and possession of the United States to the submerged lands aforesaid, and all petroleum deposits underlying the same, and to cause and effectuate by proper proceedings the removal and ejectment of all persons now or hereafter trespassing upon or otherwise occupying the said submerged lands or removing the petroleum deposits therefrom, without the consent and permission of the United States, and through such proper proceedings to be by the said Attorney General instituted, to stop and prevent the taking or removing of petroleum products by others than the United States from the said submerged lands as aforesaid; and be it further

The CHAIRMAN. Mr. Hobbs, we shall be glad to hear you at this time.

STATEMENT OF HON. SAM HOBBS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ALABAMA, AND A MEMBER OF THE COMMITTEE ON THE JUDICIARY

I am in the happy or unhappy position of an innocent bystander. That reminds me of the story told down in my country at Natchez, Miss., about the colonel in the Union forces who came back to visit that part of the country after the surrender. He went into the hotels and restaurants and found that the Negroes were not eating with the white people nor drinking with them in the saloons. And he asked an old Negro who had on a Confederate uniform why it was. He said, "We fought this war to free you damn Niggers, and you are not taking advantage of the rights we fought to give you and which you have now." He asked, "Have these fellows down here made any law against your eating with them? Or against your drinking in the saloons with them?"

The Nigger said, "No, sir; not as I has heard of. The only law on the subject is what they call down here the law of the innocent bystander." "Well," asked the colonel, "what is that?"

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Submerged Oil Lands: Hearings Before Subcommittee No. 4 ... on H.J.Res. 176 ...