States v. Honolulu Consol. Oil Co.

RUDKIN, District Judge.

The lands in controversy in this case are within the presidential withdrawal of September 27, 1909, and the rights of the parties depend largely upon the construction to be given the proviso to the so-called Pickett Act of June 25, 1910 (36 Stat. 847, c. 421 [Comp. St. 1916, §§ 4523-4525]), which reads as follows:

“The rights of any person who, at the date of any withdrawal order heretofore or hereafter made, is a bona tide occupant or claimant of oil or gas bearing lands, and who, at such date, is in diligent prosecution of work leading to the discovery of oil or gas,…