Senator DONNELL. Yes, sir. I move that, and I want to stateSenator MOORE. You also state you have interrogated Mr. Kelly extensively, developed nothing at all, except his experience through life. You brought no charges against him of any kind.

Senator DONNELL. I want to state this in regard to Mr. Kelly, that he was unable to, and I want to state this, that I am making no charge of any dishonesty on the part of Mr. Kelly or anything of that sort, at all.

Senator MOORE. You said that in the record.

Senator DONNELL. That is true. He testified as to his education, his previous experience, and I have no doubt he is a young man of high educational qualifications. He, however, was unable to give us the name of the references who he had named to Mr. Howser, was going to think it over, and if he recalled' who they were, he was going to give them to me, or to the committee, I have forgotten which.. He has not given them to me, and I assume not to the committee.

I desire to interrogate Mr. Kelly further, first as to whether or not. these releases which I read into the record, which are the only ones that he has sent me, are the only releases which he prepared; second, as to what, if any, additional work has been done for his money. Senator MOORE. What did he say in his letter?

Senator DONNELL. He said, "Enclosed are the requested releases." I would like to get his own statement in the record. I would like to know who the references are. I would like to know the reasons for the selection of those references, and find out

Senator MOORE. He said he did not remember.

Senator DONNELL. But he was going to think it over and let us know. The testimony will show.

Senator MOORE. He was pretty badly scared when he was up here.. He did not know what he was being interrogated about. I thought some exposure was going to happen.

Senator DONNELL. He did not have the slightest idea what he would' be interrogated about, I may say that. I do not know, it appeared to me that Mr. Kelly at least ought to have realized that he was going to be interrogated in regard to his employment and the work he had done.

Senator MOORE. He said he did not know what he was going to be interrogated about, and I could not either.

Senator DONNELL. I could, and I did interrogate him on those subjects.

I move that I be given until tomorrow to get Mr. Kelly here.
Senator MCORE. You vote "yes," Senator McCarran?

Senator MCCARRAN. "No."

Senator MOORE. "No." The motion is lost.

Senator DONNELL. I would like to put Mr. Walker on the stand..
Senator MOORE. Mr. Walker was on the stand for a whole day..

Senator DONNELL. Yes, I think he was.

He showed me a short statement which he has prepared..
Senator MOORE. How long will it take?

Senator DONNELL. I do not know.

Senator MOORE. Go ahead and read it.

STATEMENT OF ORIN deM. WALKER

Mr. WALKER. Bill 1988 reduced to its last analysis is merely an assertion on the parts of the proponent of the bill to select the beneficiary who or which is to receive the natural resources of oil and gas in the public domain. The bill, as Senator Donnell pointed out yesterday, does not alter the decision of the Supreme Court as to the paramount rights of the United States Government in the marginal belt, and the bill does not reverse the decision of the Supreme Court. Nothing by way of overriding or setting aside the decision of the Supreme Court can be accomplished by the passage of bill 1988.

The Leasing Act was passed by Congress to cover the development of minerals in public domain. I think a proper question would be whether or not the bill could legally deprive applicants for leases of their rights to leases properly filed by the passage of a subsequent act. We have no ex post facto laws, and I think the rights of the applicants would antedate the passage of any law with respect to the public domain which would fail to recognize all rights which accrued under the law prior to the passage of a subsequent act, and I think that Congress should be discouraged in pressing for an act which would, I believe, be unconstitutional on the foregoing grounds, if not others.

Senator DONNELL. Mr. Chairman, Mr. Walker, my attention has been called by Mr. Covert to his understanding that Mr. Walker termed me Senator Downey.

Mr. WALKER. I call you Donnell.

Senator DONNELL. This morning Mr. Hogan made reference to his understanding that in leases made by the city of Long Beach, there is a disclaimer of any warranty being made by the city of Long Beach. Mr. Walker, I find, it has been reported to me, and I find that to be correct, testified as to the contents of one section of leases made by that city, and which section appears to be of that general type. Mr. Walker also tells me that he has copies of one or more leases. I believe.

Mr. WALKER. Yes, sir.

Senator DONNELL. And would be glad to loan them to our committee, as I understand, for the purpose of our selection and incorporation in the record of such, if any, parts of those leases that we may deem proper.

I move you, Mr. Chairman, respectfully, that we avail ourselves of the kindness of Mr. Walker and that we ask him to secure, to-furnish to us those copies for our use.

Senator MOORE. That is all right. We will leave that record open for 5 days for any additional information.

Senator DONNELL. For how long?

Senator MOORE. Is that too long?

Senator DONNELL. I thought you said 5:30. That is all right. I want the record to show this, Mr. Chairman, before we go further, just as the chairman has stated very courteously and correctly. that I have indicated my reservation of the right to present this matter to the Committee on the Judiciary, and the action on the respective motions, and such, if any other motions as may be made and I also want it clear that I shall reserve the right, if my judgment so to present the matter on the floor of the United States Senate. Senator MOORE. All right.

dictates.

The hearings are closed except for statements that may be filed ithin the next 5 days.

Senator DONNELL. Let me ask you on the Kelly matter, I underand that, am I correct, that if he gives us any further releasesSenator MOORE. They shall go in the record.

Senator DONNELL. Within 5 days.

Senator MOORE. Yes.

Senator DONNELL. If he does not and tells me that this is all, may make a statement of what fact I learned in regard to whether these re the only releases?

Senator McCARRAN. If it is a fact.

Senator DONNELL. I will find out if it is or not.

Senator MOORE. That is all right. The record is closed and we will ave an executive meeting.

Senator DONNELL. I want it shown here that there is no waiver on y part with respect to this adjournment, and I am still protesting he action taken.

Senator MOORE. The hearings are closed.

(Thereupon at 3: 30 p. m., the hearings were closed.)

APPENDIXES

Contained in the committee files are numerous letters, telegrams, resolutions, and other forms of communications concerning the subject matter dealt with in S. 1988.

In the interest of conservation of space and printing costs, much of the above-mentioned material is not included in the printed hearings. That part of said material not included in the printed hearings, does, however, remain a part of the committee file on this matter. The part which is not included in the printed hearings is not so included because it is very largely duplication of similar material which is included. All of said material, whether actually included in the printed hearings or not, has been given careful consideration by the subcommittee.

By reason of the fact that quotations have been made in the record both from the opinion and from the decree of the Supreme Court in the case of the United States of American, plaintiff, v. State of California (original No. 12), it is deemed advisable that the full text of the opinion of June 23, 1947, including the two dissenting opinions, and also the decree of October 27, 1947, be included in the printed hearings. Accordingly, the opinion and the decree appear immediately hereafter.

[Supreme Court of the United States. No. 12, original-October term 1946. United States of America, plaintiff, v. State of California. Original]

[June 23, 1947]

Mr. JUSTICE BLACK delivered the opinion of the Court.

***

The United States by its Attorney General and Solicitor General brought this suit against the State of California invoking our original jurisdiction under article III, section 2, of the Constitution which provides that "In all cases in which a State shall be a party, the Supreme Court shall have original jurisdiction." The complaint alleges that the United States "is the owner in fee simple of, or possessed of paramount rights in and powers over, the lands, minerals, and other things of value underlying the Pacific Ocean, lying seaward of the ordinary low watermark on the coast of California and outside of the inland waters of the State, extending seaward three nautical miles and bounded on the north and south, respectively, by the northern and southern boundaries of the State of California." It is further alleged that California, acting pursuant to State statutes, but without authority from the United States, has negotiated and executed numerous leases with persons and corporations purporting to authorize them to enter upon the described ocean area to take petroleum, gas, and other mineral deposits, and that the lessees have done so, paying to California large sums of money in rents and royalties for the petroleum products taken. The prayer is for a decree declaring the rights of the United States in the area as against California and enjoining California and all persons claiming under it from continuing to trespass upon the area in violation of the rights of

the United States.

California has filed an answer to the complaint. It admits that persons holding leases from California, or those claiming under it, have been extracting petroleum products from the land under the 3-mile ocean belt immediately adjacent to

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