United States Lennan v. Wilbur United States Simpson v. Wilbur United States Barton v. Wilbur United States Pyron v. Wilbur
Decision Date | 18 May 1931 |
Docket Number | 704,Nos. 618,743,676,s. 618 |
Citation | 75 L.Ed. 1148,283 U.S. 414,51 S.Ct. 502 |
Parties | UNITED STATES ex rel. McLENNAN v. WILBUR, Secretary of the Interior. UNITED STATES ex rel. SIMPSON v. WILBUR, Secretary of the Interior, et al. UNITED STATES ex rel. BARTON v. WILBUR, Secretary of the Interior. UNITED STATES ex rel. PYRON v. WILBUR, Secretary of the Interior, et al |
Court | U.S. Supreme Court |
Messrs. Lewis Edwin Hoffman and Chester I. Long, both of Washington, D. C., for petitioner McLennan.
Mr. Homer R. Hendricks, of Washington, D. C., for petitioner Simpson.
Mr. James Conlon, of Washington, D. C., for petitioner Barton.
Messrs. James G. Leovy, of Los Angeles, Cal., and John W. Fisher, of Washington, D. C., for petitioner Pyron.
Mr. J. A. Greenwood, of Cheyenne, Wyo., for State of Wyoming.
Mr. Clarence L. Ireland, of Denver, Colo., for State of Colorado, as amici curiae by special leave of court.
The Attorney General and Mr. Seth W. Richardson, Asst. Atty. Gen., for respondents.
[Argument of Counsel from page 415 intentionally omitted] Mr. Justice McREYNOLDS delivered the opinion of the Court.
All these causes turn on the same point of law; the records disclose facts not materially different; one opinion will suffice.
The Act of Congress approved February 25, 1920, 41 Stat. 437, intended to promote certain mining operations, contains thirty-eight sections.
Section 1. 'That deposits of coal, phosphate, sodium, oil, oil shale, or gas, and lands containing such deposits owned by the United States, * * * shall be subject to disposition in the form and manner provided by this Act. * * *' 30 USCA § 181.
* * *'30 USCA § 221.
* * *'30 USCA § 223.
Section 9 (30 USCA § 211) authorizes the Secretary to lease lands containing deposits of phosphates under such general regulation as he may adopt. By section 17 (30 USCA § 226) unappropriated deposits of oil or gas situated within the known geologic structure of a producing oil or gas field 'may be leased by the Secretary of the Interior to the highest responsible bidder, * * *' such leases to be conditioned upon the payment by the lessee of such bonus as may be accepted and of such royalty as may be fixed in the lease, etc. Section 21 (30 USCA § 241) authorizes the Secretary to lease deposits of oil shale under such regulations as he may prescribe, for indefinite periods.
Section 2 (30 USCA § 201) declares that the Secretary 'is authorized to, and upon the petition of any qualified applicant shall, divide any of the coal lands or the deposits of coal, classified and unclassified, owned by the United States, outside of the Territory of Alaska, into leasing tracts of forty acres each, * * *' and thereafter 'shall, in his discretion, upon the request of any qualified applicant or on his own motion, from time to time, offer such lands or deposits of coal for leasing, and shall award leases thereon by competitive bidding or by such other methods as he may by general regulations adopt, to any qualified applicant. * * *'
* * *'30 USCA § 251.
Section 23. That the Secretary 'is hereby authorized and directed, under such rules and...
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