Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-11-30
Judges White ard Magee Decide That
Work on the Sabbath is Not
Always Unnecessary.
THEY DISCHARGE AN OIL DRILLER
Who Was Charged With Working Seven
Days Week That Valuable Well
Night Not Be Destroyed.
A LITTLE QUESTION OF JURISDICTION
sss5d BY the Cert Saying the Urgency Of the Case
Demanded Action.

The case of the Commonwealth versus
Charles Smoyer, charged with doing un-
necessary work, worldly employment, etc.,
on Sunday, in the pumping of an oil well
or the Sabbath on the Graham farm at For
est Grove, appealed from the court
OF Squire Edmundson, OF Robinson
township, was heard Dy Judges White and
Magee yesterday afternoon.
The prosecutor, James Moore was not in
sight, and in fact, one side of Forest Grove
appeared to be conspicuous by its absence.
As Attorney McCook remarked while argu-
ing the case, il was a sort of mongrel pro-
ceeding. The Squire committed Smoyer to
jail without making levy, and giving him
chance to pay the fine or re use to DO so.
As noted some time ago, the attention OF
The Court was drawn to the irregularlty of
the proceeding after Smoyer had spent one
night In jail, aud his discharge was ordered.
He was rot satisfied with this, however,
hence Yesterdays proceedings.
A STATEMENT OF THE CASE.
Mr.. McCook made statement of the case
a bailer in the well, and had attempted to
drill it out so it could case off the salt
water. 1t is well known that drill tools do
not fall with great force in a we'll when
there is !, 800 or l, 800 feet of fresh water in
It, and it is further known by even indiffer-
ent students OF physics, that they
jal with less force in salt
than in fresh water. though perhaps the
difference is not as great as an advocate
would make believe. Whatever may be the
dif'erecce, il Will be admitted that the
specific gravities of salt water and iron more
nearly approach than those of fresh water
and metal
Mr. McCook continued and explained
that it was found after three weeks effort to
exhaust the salt water by pumping in secu-
lar time and ceasing on the first day of the
week, that it could no more be accomplished
than could the task o the old lady who tried
70 Keep the tide out of her Kitchen door by
sweeping back the Atlantic
STEPS TO SAVE WELL.
Meantime the salt was crystallizirg in the
rock fi:sures. and the weight of the water
added was driving away the oil and running
tie well; in fact it had been destroyed to
such an extent that it, in its present shape, is
scarce worth operating. and Will not be,
unless that bailer can be gotten out and it
capIot be gotten out until the water is first
removed.
Mr.. NcCook had evidently studied the
mOdUS operandi OF petroleum mining. for
he explained TO the Court that the salt water
creHices, and those that furnished the oil,
were 50 close together that it was 4 work of
great nicely 10 make the division-some-
thing ike the quack doctors explanation
OF now solids and fluids were divided by
clapper in the gullet, so that
one went one way and the other
another into their proper receptacles
IN the human stomach. The quack got along
very well until q skeptical patient chal-
lenCed him 10 explain how the clapper
worked when people ate mush and milk
Mr.. McCook WAS more fortunate. He
succeeded in making himself understand
able by the Court, and 1t saw the cogency of
his reasoning.
Mr.. Patterson, one of the company, then
went on the stand, and being sworn, but
Jressed Mr.. McCook's statements. He said
that they had not gotten nearly so much oil
when pumping was suspended on Sunday,
ana that II was necessary to pump half OF
the week before the normal production
could be reached after days cessation.
JUSTIFIED BY NECESSITY.
Both Judges stated that the argument so
far as q decrease in production was con-
cerned. failed of effect, as it was not ques-
tion whether as much oil could be pumped
n SIX Gays as in seven, but whether cessa-
ton on Sunday tended to destroy the well,
and on this point they agreed with Smover's
attorney and employer, and justified the
Sunday pumping on the ground that it was
work of necessity to save property, and
made an order discharging Smoyer from the
ofense imputed.
A question was raised as to Jurisdiction,
il being contended that the case should
have been certified to the Common Pleas
rather than to the Quarter Sessions. Mr..
McCook made an effort to sand-paper the
objection. but the Judges did not agree with
him, but finally stood on the ground that
speedy relief being imperatively neeced.
jurisdiction. would be assumed.
There are number of other similar suits
from the same neighborhood pending, hence
the Importance OF yesterdays ruling. Last
Sunday there were a number of wicked
beams walking, forcing the amber fluid into
tanks, but no one could be found oper-
aling them. 1t is said the owners
had some Kind of apparatus by which
they could set the machinery in motion on
Saturday night and it continued to mote"
until Monday morning. The Magistrate,
Alderman Bell, held this TO be work on
Sunday, contrary the azure enactment of
1874, and appeals were taken.
a fact was developed during Yesterdays
hearing which does not seem TO be generally
known, viz: That it is 62j times more
wicked 10 work on Sunday in Allegheny
county, except in cases OF necessity, than in
surrounding couIties. There the fine is but
81, while in this county it is SIS.