Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1896-01-09
LEGAL NE WS.
SUPREME Court DECISIONS.


At the reconvening of the Supreme
Court in Philadelphia, Monday, large
number OF decisions were ha1ded down,
and among them the following in cases
appealed from the court Of this county.
Com. ez. rel. the Butler water Co. VS.
Russell ct al reversed.
This was the case of the Water Co
versus the oil producers who where run
ming saltwater into the creek, above the
town, and if the decision Ct the Court here
is reversed on general principles, 1t may
shut down every saltwater producin
well in the county.
Speaking of the decisions of Judge Greer,
Justice Williams says:
He directed the company in the most
peremptory manner to provide reasonably
pure water and in sufficient quantities for
the public use, and enjoined them against
the collection of rents until the order
should be obeyed. But in this case, N
which the water company asks the court
to protect the stream, on which II Is de-
pendent, from contamination, the relief
PRAYED for was refused.
Your business, says the court below, Is
a public one and yoa must furnish whole
some water 20 the borough OF Butler.
When the company seeks the aid OF the
court to protect the water supply, the ans
Ter is: Your Lusincss is a private one;
your grievance is for mere personal IN
convenience and for personal injury.
The Supreme court further says the de-
PENDANTS were thus permitted TO destroy
the business and franchises of the com
pany and the water supply of town OF
l0.0O0 people The decree of the lower
court against the water csmpsny IN Its
suit is reversed, and the record is remitted
for further proceedings.
What will follow will depend on the
full text the decision which Is not yet
here. At present no saltwater is gong
into the creek above the new dam.
Brvmer ct al VS. the Butler Water Co.
C p. in equity. Affirmed at cost of ap-
pellant. This was the case of the people
of Butler against the water Co. for furnish
ing us with impure water and the decision
of the Court here stands.
Krepps VS. Miller affirmed.
Double VS. Union Heat and Light 20.
affirmed.
The decision of the court of Allegheny
Co. awarding Herbert Baker, of Centre
Vile Sc, 900, for having his back broken in
the elevator of the Penn building was
sustained.
The first case on the list tor argument
at the present session OF the supreme
Court in Philadelphia, Is OF considerable
interest to oil men and is from this end OF
the state. 1t is the appeal OF Isaac T.
Blakeley and wife against Thomas Nj.
Marshall. trustee. A very peculiar ques-
ton is raised AID it is one that has never
been decided by the supreme court OF this
state. The appellants, who were the
plaintiffs in the court below. are the life
nC
county valuable for the oil beneath Ii.
At their death the property Is TO 90 to
their children. When the land was given
to them the parties did not know anything
about the oil. In 1894 oil was discovered
and an attempt was made to work the
territory In order to lease the property
the consent OF the orphans court was Cd
tanned and the court ordered the income to
be invested, .he interest TO be paid to the
tenants and the principal to be held for the
children. Bit this vas only matter OF
compromise. A well was drilled and con-
siderable oil has been taken from the land,
the value of the whole being something
like $50, 600. In order to settle The ques-
tion of ownership the matter was carried
to supreme court. As the matter stands
now the parents have rot the right to drill
for oil as they are only life tenants. The
children have no right to drill, as they are
not in possession. There are wells on all
.he surrounding farms and unless the mat
ter is remedied none of the owners of the
Blakeley farm will gain anything. Under
the law Of Pennsylvania life owners can
not open mines, but they may work mines
already opened. But this is different from
a mine and it is claimed should be decided
differently, as in the case of a mine the
mineral will remain until the rightful own
er may enjoy it. In this case the oil and
gas will go out of the ground through
neighboring wells.