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-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.