The commercial., February 04, 1921, Image 1

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1NQ
-or
DR, E. M."
DENTS'
DR. E. M. LONG
DENTIST
Over Wehman's Hardware Store
Union City, Tenn.
Telephone
Office 144, Residence
OMMERCIA
Over Wehman's Har .
Union City, 1
Telelphone,
Office 144; Residt
Onion City Commercial. established 18V0 j rnHt.d ant.nhr 1. lWT
UNION CITY, TENN, FRIDAY, FEBRUARY 4, 1921.
VOL. 29,
5
West Tennessee Courier, established 187
BILL TO ANNUL
OIL-GAS LEASE
By Col. Joseph H. Acklen, Defining
Legal Status.
House" Joint resolution K'o. 17,
which passed the " House and is
now pending in the Sonate, after re
citing the oil lease now on Reelfoot
Lake in full, provides:
"Whereas: According to the terms
of said lease, same has been forfeited
by said Newberry because of the fact
of not having completed a well with
in the time required, and further in
not having paid the rental of ten
thousand dollars as required by said
contract:
"Therefore: Be it resolved by the
Senate, the House concurring, that
said lease executed on July 17, 1919,
by the State of Tennessee through its
Governor, A. H. Roberts, to W. H.
Newberry be, and the same is de
clared to have been forfeited and of
no further effect, and that the Attorney-General
of tho State be and is
hereby, directed to demand and col
lect from the said W. H. Newberry
. the. sum of ten thousand dollars as
rental for the year expiring Septem
ber 1, 1920, and the Clerk of the
. Senate is hereby directed to send a
copy of this resolution to Ahe Attorney-General
of the State."
The object sought to be accom
plished by thi3 resolution iz laudable,
but it is in effect a legislative recog-
vires" and void and therefore of
doubtful propriety.
From the best data obtainable, it
appears that Reelfoot Lake; some
smaller lakes, and Big Xake, in the
St, Francis Basin, Arkansas, were
created by the earthquakes of 1811
12. The land sank and water poured
in from the Mississippi River.
Under grants, conveyances and
leases not now material, West Ten
nessee Land Company, successor to
J. C. Harris, (Webster vs. Harris III
Tenn. 692) claimed to own the en-
lilt? ibcuuuuk imvi,
The State resisted this claim and
the Legislature, by chapter 371, acts
1909, directed a suit to be instituted,
on behalf of the State, to annul all
evidences of title "in so far as they
purport to cover or embrace said
Reelfoot Lake, its islands and shores, '
or the hunting or fishing .privileges
or other right3 incident or appurten-
ant to the titlo and ownership of said
lake, and to have all of said property
and rights incident thererto, de
clared to be the property of the State
for the use of its citizens."
COMMON FISHERY.
At the same ..session of the Legis
lature chapter 534, acts 1909, was
. passed, under which Rcolfcot Lake
was set apart as a common nsaery
and game preserve for the use of tho
people of the State."
The preamblo of this act sets out:
"Reelfoot Lake, a large body of
water lying in the counties of Obion
and Lake, is a fine fishery and hunt
ing resort and is well stocked with
great quantities of ducks, geese and
other game, and the same should be
and is necessary to be set apart, es
tablished and controlled by the State
of Tennessee as a common fishery
and public hunting and game pre
serve for he use of the citizens of
the State." .
The act provides:
Section 1. "That Reelfoot Lake
and the islands thereof and the wa
ters thereof to the extent of low wa
ter mark at ordinary stage of the
same, lyling in the counties afore
said, be, and the same is hereby set
apart and established as a public and
common fishery and game preserve of
the Stato of Tennessee for the public
use, under the control and subject
to the regulations cf the State, in
eluding the fisheries and hunting
privileges thereon."
The Legislature also passed a spe
cial game and fish law for Reelfoot
Lake chapter 463, acts 1909.
Under chapter 371, acts 1909,
quoted above, suits and condemna
tion proceedings were duly instituted,
the details of which are not now ma
tericl, with the result, however, that
our Supreme Court (State vs. West
Tennessee Land Co., 127 Tenn. 575)
held "that the complainant (State)
is entitled to a decree establishing its
, title in trust for all the people to all
that portion of tho lake, its fisheries
and fowling privileges. lying outside
or and not over ana aoovc, tne grants
issued by the State of North Carolina
to Doherty."
As to the Doherty grants, the
State subsequently acquired those by
compromise with the 'West Tennessee
Land Company, paying therefor
some S25.000. This perfected the
State's title to the whole Reelfoot,
trat, including the lake, whtcn title,
however, as stated by tho Supreme
Court, is held in trust for all the peo
ple "as a public and common fishery
and game preserve of the State of
Tennesse for the public use."
ACT OF 1919.
Oa April 14, 1919, a bill (S. B.
1227, H B. 1326) was introduced in
both branches of the Sixty-First Gen
eral Assembly, the Senate bill by
Senators Parks, Haston and Dorris,
the House bill by Representative L.
D. Miller. The House Journal shows
that H. B. 1326 passed second read
ing April 15 and was held without
reference. That on April 16 S. B.
1227 was transferred to tho House as
hr.ving passed the Senate that day
and was substituted- for H. B. 1326,
wa3 amended by Representative J. B.
Howard, by striking xmt the word
"natural" in the last line of section
2 and inserting" in lieu thereof the
vord3, "mineral and oil," and thus
amended was pi.ssed by a vote of 68; J
no negative votes.
The act is as follows:
"Section- 1. Be it enacted by the
General Assembly of the State of Ten
nessee, that the Governor be and is
hereby authorized and empowered to
develop the natural resources of any
and all property owned by the State
of Tennessee.
"Sec. 2. Be it further enacted,
That in order to carry out the pro
visions of this act, the Governor may
use any and all of the resources, fa
cilities and activities of any depart
ment of the State of Tennessee; that
he may enter into contracts for tho
State with any person or persons,
firm or corporation, to do the neces
sary work that may bo required to
carry out the provisions of this act,
and if necessary may lease any of
said property at a reasonable rental
and royalty, in order that any min
eral and oil resources may be proper
ly developed."
At a meeting of the Tennessae
Game and Fish Protective Associa
tion, held Feb. 13, 1920, Senators
Dorr:q and Haston, then presei.t, per
sonally stated publicly that they
were unaware that the bill t: ey Lad
signed (chapter 191) was to be uaod
to lease Reelfoot Lake.
Since that date many members of
both House3 have written this as
sociation that they were not only un
aware that the act applied to Reel
foot Lake, but were informed that
it was for the puiposo of developing
the Herbert domain.
It i3 a circumstance not altogether
free from suspicion that thl3 measure
was introduced only three days be
fore the Legislature adjourned, that
it was never referred to any commit
tee o.- discussed and that its real pur
port was even unknown to Senators
Dorris and Haston who signed it.
Chapters 144 and 191 (H, B. 1003
and 923), hot'.i introduced much ear
lier in the session, both looked to the
protection and development of Reel
foot Lake as a game and fish preserve
and thus helped to conceal the ul
terior purpose of the promoters of
chapter 191. With rare exceptions
every member of the Legislature
knew that Rselfoot Lake had been
dedicated by the Legislature as a
game and fish preserve and that the
Stato held title thereto not ao a pro
prietor but as trustee for the people,
hence the application of the ingenious
v.'ording of chapter 191 to Reelfoot
Lake was not conceivable.
In view of all w'aicrf this associa
tion is advised that the lease of July
17, 1919, is "ultra virec ' and void.
In this view it is" perhaps unneces
sary to minutely examine its details,
however a brief summary is not inap
propriate.
The lease; dated, July 17, 1919, is
to W. H. Newberry "with power of
assignment. It cites chapter 191,
acts 1919, as authority for its execu
tion.
COMPANY CHARTERED.
Roelfot-Ranger Oil Company was
chartered Dec. 2, 1919, capital stock
$1,500,000. Incorporators arc W. H.
Newberry, C. J. Bondurant, J. D,
Wrathcr, A. E. Markham, J. F. Ja
cobs and George C. Walters.
"The lease i3 for seven years," and
as long thereafter as oil or gas or
eithev of them is produced from said
land by the lessee, as hereinafter pro
vided. The State is to receive "one
eighth part of all oil produced and
saved from the leased premises."
Alao "one-eighth of all gas used
or sold," or it3 value. '
By Sept. 1, 1921, a 3,000-foot well
must be completed, 'unless oil is
found in paying quantities at a less
depth."
By Sept. 1, 1920, tho State must
receive a royalty (amount not stated)
or otherwise an annual rental of
$10,000, failure to pay which can
eels the lease. Actual drilling for oil
and gas must begin within six months
"on or near this land."
SHATZ AND BYER
TO OPEN NEW. STORE
Closing the J. A. Coble, Son & Co.
Stock of Goods.
One of the particularly successful
bargain sales, now in progress, which
Shatz & Bycr have been conducting
for the past two weeks, is the closing
out of the J. A. Coble, Son & Co.
stock of clothing, shces and men's
furnishings. While the sale has been
unusually satisfactory in every re
spect there are lots of extra good
bargains left, a very fine assortment
of serviceable good3, which will be
sold at more liberal reductions aa the
sale continues. The entire stock is
on the bargain counter for quick
sale, and will be closed out to make
room for new goods. Mr. Byer, tho
manager, is now in the market to
buy new goods an entire new stock
for this big store clothing, shoes
and men's and boy3 furnishings. The
stock will arrive and be opened about
March 1. Mr. Byer will return Feb.
15, accompanied by Mrs. Byer, after
their weddirg trip, and the new
store will be opened with Mr. Glenn
and Mr. Brice as salesmen as here
tofore. Your patronage is appreci
ated and we extend a cordial invi
tation to everyone to visit our store
at any time.
lions Club.
Tho club met Tuesday at Jones
Cafe with the usual interest and after-dinner
oratory. Rev. E. M. Ma
this ta'.kcd on the serious Elde of
European affairs, the alarming dis
tress among the masses and the des
titution that prevails especially
among the children. He discussed
the work of relief, .the Hoover
campaign and the call to charitable
America.
Mr. Howell Bransford discussed
the various sides of the Jewelry trade
and the origin and growth of the
busiress. He talked of the achieve
ments-of the Swiss and American
watchmakers, the history and inter
national trade in precious stones, the
famous pearls and diamonds, " and
other interesting sidelights on his
business.
The president, Dr. Turner, "an
nounced his standing committees.:
GAME NOT PROTECTED.
FJsh and game of Reelfoot Lake
ara not protected under the terms of
thi3 lease. The "hunting and fishing
right3 and privileges" are. These
may remain unimpaired though ev
ery nch be dead and every fowl
flown. The "power of assignment"
given W. H. Newberry frees him
from any liability and the stock Is
sued in consideration of the lease, be
comes paid up and thus frees the
holders from all liabiltiy. With no
bond and the right to remove at any
time all machinery and casing and to
cancel and surrender the lease and
from date of surrcneder bo "relieved
of any liability thereifter due," leaves
the Ktaote without protection even
were the lease valid. , It is respect
fully submitted that this lease is "ul
tra vires" and void, because: Chap
ter 191, acts 1919, doe3 not apply to
Reelfoot LaJce, that property having
been dedicated "as a public and com
mon fishery and game preserve of the
Stato of Tennessee for tho public
use."
It has been conclusively settled by
our Supreme Court that th? State
holds title to Reelfoot Lake in trust
for all the people for the purpose for
which it was dedicated, viz.: "as a
public and common fishery and game
preserve of the State of Tennessee
for the public use."
Reelfoot Lake is a navigable body
of water (127 Tenn. 575.) It is well
settled -that legal power is not con-
continued on page four!
Girl Worked on Farm.
Chief of Police Eaker, acting on
information from Obion, yesterday
took from a passenger train a girl
dressed in boy's clothing. Chief Eaker
had been informed that a couple had
been seen to buy a ticket in Obion,
and that it wa3 suspected one of the
couple was a girl. He went on board
the train and made inquiries. After a
short time the girl confessed and was
taken off tho train. In police court
she told local officers that the boy
was her brother and that they were
on their way to Illinois where they
expected to obtain work. She stated
that her brother was tubercular, and
that she had been, doing hi3 work on
a farm for some time. They maaea
failure with their crop,x and had to
leavo the farm. She stated that they
had done no wrong, and that if al
lowed to proceed on their way they
would obtajn work at some point in
Illinois.
The girl convinced local authori
ties of the truth of her story, and
they managed to obtain soma cloth
ing of the right kind, and the couple
were allowed to go on last night.
The girl was rather young, claim
ing to be only 16, although she look
ed a little older. Fulton Leader.
To Sail for Europ.
Knoxville, Tenn., Jan. 31. Five
hundred ex-service men, members of
the Thirtieth Division, are planning
to sail in July for the battlefield? of
Europe to once again "go over the
top," but this time on a peaceful mis
sion. Guy May, first vice president
of the Old Hickory Division, and
others are arranging the details. Gen.
L. D. Tyson, commander of the
Fifty-ninth Brigade of the Thirtieth,
is expected to be among the number
to go.
Preaching.
I will preach at Pleasant Valley
Sunday morning and hope to see a
good attendance. G. W. EVANS.
lecture at Public School.
Tho State organizer of the Hi Y
is scheduled to be here to-night for
a lecture on the work at the Central
School building. Everyone Is invited
to bo present.
ALLIES AGREE ON
HUN REPARATIONS
The allied supreme council to-day
approved the German reparations
plan drafted by its special committee
last night. .
The plan provides for the payment
by Germany of 226,000,000,000 gold
marks in 42 annual installments on
a rising scale beginning with pay
ments of 2,000,000,000 marks the
first two years and in addition the
payment of a 12 per cent tax on Ger
man exports.
Tho plan was signed by the coun
cil members this evening. The Ger
man disarmament agreement also
was signed. The council likewise
approved a plan for a 200,000,000
franc corporation to aid Austria.
The council agreed to forego pay
ments for reparations and other
debts from Austria in order to en
able her the better to ncsotiate for
outside aid.
The plan will be communicated to
the Germans in a few days and they
will be invited to a conference on
Feb. 28 to consider the terms.
- In the meantime the Brussels
council of economic experts will re
sume its sessions Feb. 17. The pen
alties provided in the reparations
plans are in general the same as un
der the treaty of Versailles, includ
ing both military and economic
measures.
The report of the military com
mittee in disarmament of Germany
also has been virtually approved by
the council. It provides for the
complete disbandment of so-called
civic guard organizations. The dis
bandment must be completed by
July 1 next.
Examination of the reparations
plan showed it provided that the 12
per cent tax on German exports
would extend over the same period
aa the stipulated reparation pay
ments made in advance.
The to'al cf 226,000,000,000 gold
niark3 of German reparation pay
ments called for by tho plan would
equal approximately $56,000,000,000
at normal exchange rates.
JUDGE LINDSEY IN
FOR BREACH OF LAW
Loses Contempt Case in the Supreme
Court.
Denver, Colo., Jan. 31. Juvenile
Judge Ben Lindsey, of Denver, must
pay a $500 fine for contempt of court
or go to Jail. The United States Su
preme Court Monday dismissed his
appeal from the decision of the Colo
rado Supreme Court, which had sus
tained tho action of District Judge
Perry in fining. Judge Lindsey $500
for refusing tq testify in the famous
Wright murderase.
INDICATES JAIL TERM.
The action of the hig"he3t court in
the United States means that unless
he pays the fine he must serve it out
in the county jail. He indicated that
he will go to Jail.
On June 3, 1916, during the trial
of, Bertha Wright, charged with the
murder of her "husband, 'John A.
Wright, J"udge Lindsey was called to
tho witness stand by District Attor
ney Rush and asked to tell the jury
of a conversation he had had -with
Neal Wright, 12-year-old son of the
accused. Ho refused point blank,
contending that the conversation was
"privileged" and that he could not
honorably divulge it.'
Neal Wright, just before the trial
had made an affidavit stating that he
and not his mother fired the shot
which killed Wright. District Attorney-Rush
insisted upon Judge
Lindsey testifying. It was his theory
that Mrs. Wright had fired the fatal
shot and that Neal Wright had so
told Judge Lindsey.
' Judge Perry adjudged Judge Lind
sey guilty of contempt of court and
a itX' daj-3 la'
a fine of $500
Speaking o. s
ment that h
young Wright'
Judge Perry s
and wrong for i
agreement. He
vulge the same. In .
olates no rule of ethics o
LINDSEY STANDS FIRM.
Judge Lindsey stood firm in his de
nial to divulge young Wright's state
ment. After the fine wa3 imposed
Judge Lindsey appealed to the Colo
rado Supreme Court. Mrs. Wright
won hef freedom.
When informed of the decision of
the United States Supreme Court
Judge Lindsey declined to cay wheth
er he would pay the fine or go to
jail, but indicated that he would go
to Jail.
WILLIAMS EXPLAINS
BIG EXPRESS CHANGE
Atlanta, Jan. 29. Vice-President,
Williams, of the American Railway
Express Company, returned to At
lanta Thursday morningand confirm
ed the report that his company
would be succeeded on the lines- of
the Southern Railway system by the
Southeastern Express Company. In
quiry developed that no date had as
yet been fixed for tho change.
Mr. Williams stated that he wanted
to inform the public, and particular
ly patrrns at exclusive offices on the
linos of the Southern Railway, that
agont3 of the new company would
be requested to transmit any claims
or complaints in connection with the
service of the American Railway Ex
press Company promptly to the of
ficials "of tho latter, and that they
would be handled with a view to an
immediate adjustment. The Ameri
can Railway Express, Company will
make arrangements for service at all
points from which it retires as to
suits growing out of its transporta
tion service, he stated.
Reece Alexander
GARAGE
Taxi Service
Any body or anything.
Anywhere.
( Any Time.
Vulcanizing.
1
The above is an outline of our business.
Tires, Tubes.
Rubber Goods of any kind.
United States Tires Recommended.
PLENTY OF STORAGE ROOM.
1 Free Water.
Battery Service ee Inspection
J Recharging.
New Batteries.
x ( Automobiles.
Repairing l - Trucks.
" ( Ford work a Specialty.
All work guaranteed and prices reasonable. Both Phones 192.
Another Seed Sowing Season
will soon be here.
We are prepared to furnisH you all kinds of seed at
nearly pre-war prices.
Red Clover Timothy
Red Top Alsyke Clover
Japan Clover Alfalfa
All kinds of Grain and Feed one' sack or a car load.
9
Pure Corn Chops C. S. Meal
Wheat Bran C. S. Cake
Wheat Shorts Oats
We are in the market "all the year for Corn and Hay.
Let us have your offerings.
Cherry-Moss Grain Co.