United States v. State of California, 332 U.S. 804 (1947)
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Scribd Government DocsUnited States v. State of California, 332 U.S. 804 (1947)
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Scribd Government Docs332 U.S.
804
68 S.Ct. 20
92 L.Ed. 382
UNITED STATES
v.
STATE OF CALIFORNIA.
No. 12, Original.
Supreme Court of the United States
October 27, 1947
PER CURIAM.
Since our opinion which was announced in this case June 23, 1947, 332 U.S.
19, 67 S.Ct. 1658, two stipulations have been filed in this Court, signed by the
Attorney General and Secretary of the Interior of the United States on the one
hand and by the Attorney General of the State of California on the other hand.
In these stipulations the Attorney General and the Secretary of the Interior
purport to renounce and disclaim for the United States Government paramount
government power over certain particularly described submerged lands in the
California coastal area. In such stipulations the United States Attorney General
and Secretary of the Interior furthermore purport to bind the United States to
agreements which purport to authorize state lessees of California coastal
submerged lands to continue to occupy and exploit those lands, and which
agreements also purport to authorize California under conditions set out to
execute leases for other submerged coastal lands.
Robert E. Lee Jordan has filed a petition in this Court praying that he be
permitted to file a motion as amicus curiae or in the alternative as an intervenor
to have the foregoing stipulations and agreements set aside and declared null
and void on the ground among others that the Attorney General and the
Secretary of the Interior are without authority to bind the United States by
agreements which it is alleged would if valid alienate and surrender the
Government's paramount power over the submerged lands concerning which
the stipulations are made.
It is ordered that the petition of Robert E. Lee Jordan to file the motion here to
declare the stipulations null and void be denied, without prejudice to the
assertion of any right he may have in a proper district court.
It is further ordered that the stipulations between the United States Attorney
General and the Secretary of the Interior on the one hand and the Attorney
General of California on the other, which stipulations purport to bind the
United States, be stricken as irrelevant to any issues now before us.
And for the purpose of carrying into effect the conclusions of this Court as
stated in its opinion announced June 23, 1947, it is ordered, adjudged, and
decreed as follows:
1. The United States of America is now, and has been at all times pertinent
hereto, possessed of paramount rights in, and full dominion and power over, the
lands, minerals and other things underlying the Pacific Ocean lying seaward of
the ordinary low-water mark on the coast of California, and outside of the
inland waters, extending seaward three nautical miles and bounded on the north
and south, respectively, by the northern and southern boundaries of the State of
California. The State of California has no title thereto or property interest
therein.
2. The United States is entitled to the injunctive relief prayed for in the
complaint.
3. Jurisdiction is reserved by this Court to enter such further orders and to issue
such writs as may from time to time be deemed advisable or necessary to give
full force and effect to this decree.
Inasmuch as the stipulations of July 26, 1947, have been stricken, Mr. Justice
FRANKFURTER desires explicitly to note his understanding that insofar as the
meaning or scope or validity of the stipulations may give rise to any legal issue,
no such issue has been before the Court or has here been considered.
10
Mr. Justice JACKSON took no part in the consideration or decision of this
case.
