The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-02

erty is acquired and held under the tacit
condition that it shall not be so used as to
injure the equal rights of others or to de-
stroy or greatly impair the public rights
and interests of the community
With such presidents before US, why
need we have any fear that our Supreme
Court will put its restraining hand upon the
man by whose wanton disregard of others
rights the most precious possession or our
tlmeS is allowed 10 waste INTO the open
air?
DUTY OF GAS INSPECTOR.
1.-THE practical question is as to the best
remedy to be applied in the present situa-
ton. There are many who think that the
Legislature should be convened in special
session to pass some further laws, but
agree with those who hold that this should
not be done until the present laws have
been tested and an effort is made to pre-
vent the waste of natural gas through an
appeal to equity for an injunction. Part
OF the act of 1898 provides a penalty of $500
for each ten days during which gas shall
be allowed to escape from any oil or gas
well. 1t should be somebody duty to en-
force this law and TO file one prosecution
after another until the guilty parties come
to feel the weight of the law and stop the
waste of gas. 1t seems to me very clear
that this is made the duty of the natural
gas supervisor under Section 1904 of the
Revised Statutes of 1894. This act provides
that the natural gas inspector snail see
that all the provisions of law pertaining to
drilling wells and the piping and the con-
SUMPTION OF natural gas are falthfuily car
ried out and that the penalties OF law are
strictly enforced against any person or per-
sons who violate the same The accumuia-
ton of such cases will certainly have its
influence upon those who are wantohy dis
regarding the present and future rights OF
the thousands of people who are dependent
upon the gas field for their supply or fuel.
But this remedy, wa not prove eiIectiVe pc
cause irresponsible people are in the work
who will care nothing for the penalties
provided by the law and who VIII dispose
of the oil while the cases are pending and
allow the penalties to go unsettled. 1t is
totally inadequate as final remedy. we
90 not want the penalties; we want the gas.
''yrhe immediate relief must come through
injunction proceedings, and agree with
Judge Elliott that under the provisions
above quoted suit should be Instituted by
the name of the State, in which case no
bond would be required. The Roby case has
settled the proposition that the mere exist
ence of the criminal statute does not pre-
vent the institution of the suit for the per-
sonal remedy by injunction. A saloon keep
er may be liable under the criminal
statutes for all the acts which constitute
nuisance, but his prosecution under the
criminal law does not interfere with the
abated as a nuisance. The case would be
prepared and filed by the attorney general
and thus presented would represent the
whole people and come with the highest
authority before the court.
GOVERNOR MOUNTS VIEWS.
Mr. Potts read and at the close of his
remarks, moved the adoption of the resolu-
ton printed above. That his ideas met
approval was attested by the hearty APP
plause with which they were greeted. Ma
than Morris moved the adoption of the res
olutions. Before putting the question Chair
man Lamb inquired if there were any re-
marks In response to suggestion that
he express his views, Governor Mount adj
dressed the meeting. He said that he came
49, oh fnf
will and sense of those present on the sub
ject. For months he had felt that some
thing ought to De done he had CORE
sponded and conferred with the gas In
spector, who had also consulted with the
attorney general. 'At one time we had
under contemplation the bringing of an in
junction suit by the state on the relation
of myself, but the attorney general adj
vised against this We hoped that, one OF
Supreme Court. The gas inspector had
brought some thirty suits. None have
reached the Supreme Court 1t seems like
the mills of the law grind slow. l am will
ing to do anything possible to protect the
gas and prevent its loss to the State"
Governor Mount related his experience in
the LEGISLATURE when the law to portect
the natural gas was passed. 1T was then
the sentiment OF the legislature he said,
ders this valuable product 1t seems
strange to me that the wells at Alexandria
should be permitted to BURN. Judge Monks,
who passed on the fambeau law, ex-
pressed the opinion to me that it could be
stopped by the flambeau law
Governor Mount spoke of the law which
gives persons on adjacent property the
right to go upon land and cap up wells
when oil or gas is being allowed to go to
waste. He expressed some wonder at the
indifference of the people in the gas belt.
If the gas gave out, he said, many of their
manufactures would have to close. He ex-
pressed his approval Of the resolution pre-
scented by Mr.. Potts.
Mr.. Potts said that he had discussed the
law permitting persons to stop the waste
of gas by Gaping wells with Judge Elliott
who expressed doubt of its constitutionali-
ty and said that its enforcement would
lead to riots The judge told of one man
he knew who guarded his well with shot
gun If any one We're to attempt to cap