Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-03
WORK OF NECESSITY.
Sunday Pumping of Oil Wells SO
Defined by Judge Stowe.
MATERIAL DAMAGE WOULD ENSDE
If the Salt Water Is Allowed Full Sway in
the Different Wells.
BRIEF NEWS FROM THE COURTROOMS

Judge Stowe yesterday handed down his
decision in the hard fought oil well cases,
deciding in favor of the defendants.
The cases were appealed from the de-
cisions OF Aldermen imposing fines on the
owners of oil wells for operating on Sunday.
The informations were made by Captain
Wishart against Jennings & Patterson and
Gillespie Bros. A lengthy opinion on the
question of necessity was handed down with
the decisions. In it he said:
''The testimony taken upon the appealsin
these cases shows induhitably that if the
pumping of the several wells involved was
entirely stopped on Sunday they would not
get back to the amount of their previous
Saturday production until about w ednesday,
thus materially reducing their weekly pro-
duction from at least one-fourth to one-sixth.
There is nothing in the evidence from
which can find that the life or period of
existence in months or years of the wells is
extended by this stoppage of pumping the
we'll, but, on the contrary, the weight of evil
dence shows very clearly to my mind that it
actually shortens it very materially. The
oil which is thus left in the ground, which,
by the continuous pumping, could have
been gotten out, is dead loss to the owners
of the wells as much as if it had actually
been burned up.
1.-THE controlling question involved in all
the cases is whether the work done by the
appellants in pumping their wells simply to
the extent appearing reasonably necessary
to keep down the flow of salt water, SO that
the Mondays and subsequent production
for the week may be kept up to its regular
capacity, is under our Sunday statute a
work Of necessity?
INTERPRETATION OF THE ACT.
ut has never been pretended that the
term in the statute, works of necessity was
intended to mean works of absolute neces-
sity. The act itself specifically provides for
dressing victuals, landing passengers. ferry
ing travellers over the water, and the deliv-
cry of milk and other necessaries of life.
Justice Woodward declares that it is i'm
possible to lay down any general rule as to
what are works of necessity and charity, and
says:
"'If the works enumerated in the pro-
viso of the statute be taken as legisla-
tive sample OF works of necessity, it might
be said in general that supplying the ordi-
nary demands of our physical natures and
relieving from situations of peril and ex-
posure are necessary acts and incur no
blame. The best We can do is to Judge OF
cases as they arise and to treat them as
within the prohibition or saving clauses ac-
cording to the specific features which each
presents.'
SIN considering. this question, we must
bear In mind, as said in reference to SIM
liar act in Ohio by Thurman, c. j., in
Ohio, OIL, that it is no part of the object of
the act to enforce the observance of relig-
ious duty. The act does not to any extent
rest upon the ground that 1t is immoral or
irreligious to labor on,the Sabbath any more
than upon any other day. It simply pre-
scri5es a day of rest from motives of public
policy, and as civil regulation"
Continuing, Judge Stowe quoted extracts
from number of decisions bearing on the
question Of works of necessity on Sunday.
He then said:
WITHIN THE EXCEPTIONS.
''Looking at the cases In hand in the light
of the principles announced in these de-
cisions OF the highest judicial authority and
which we consider we'll founded in legal
principle, the plain question presents itself,
whether the circumstances under which the
several defendants operated their wells upon
the several Sundays set out in the record, by
pumping them for the purpose of prevent
ing them being injured by the accumula-
ton of salt water which would have taken
place on the said Sundays, are such as may
properly be said to bring them within the
exception OF the statute.
1.-THE evidence satisfying me that the
pumping to the extent necessary to protect
the wells from the accumulation of salt
water is required to protect the wells from
permanent injury and the owners thereof
from considerable damage from irreparabIe
loss of product, am clearly of the opinion
to the extent necessary to prevent that re-
suit, the operation of these wells by pump
ing was necessary and therefore fell within
the exception of the statute.
''1n none of these cases does it appear that
unnecessary work was done by the de-
iendants, and therefore Judgment must be
entered Tor the defendant in each case :.
'The cases are ali decided solely on the
ground OF necessity. I do not care to de-
eide whether man may carry on his or
dinary business on Sundays by automatic
machinery or contrivances which may be
made to operate for "a hours without the
direct manipulation of human agency dur
ing that time, without violating the law,
until the question necessarily arises NAV
add, however, that l am not now satisfied
that such work would be lawful" In con-
clusion judgments were entered for the de-
iendants.
Captain Wishart, the prosecutor in the
above cases, prosecuted a similar case at
COraopolis yesterday afternoon against
Gillespie Bros. Justice Ferree reserved his