The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-02
INJUNCTION BY STATE
BEST STEP TO TAKE AT ONCE IN THE
GAS Waste MATTER.
Local Mass Meeting Petitions the Gas
Inspector and Attorney General
TO Act Immediately.

Couiu oHly cuIHe through suits to en1O1n
the oil operators from continuing the use
less waste OF gas. He read a section of the
law on the subject, which seems to give the
gas inspector ample authority to take all
steps necessary, and he suggested that a
suit ought to be Instituted by the gas in
spector in the name of the State. Under
such proceeding, he said, no bond would
be required and the entire proceeding would
be under the charge Of the attorney general.
With this end in view, resolutions he offered
were unanimously adopted. Following are
the resolutions:
knowledge that the comfort happiness and
prosperity of the capital city and many of
the surrounding cities of the State of Indi-
ana ana are threatened by the loss or serious
ammunition OF the natural-gas supply,
through the wanton waste of gas in the
wells drilled for oil throughout the gas ter
rltory from which we draw and
Whereas, There is an emergency for the
immediate stoppage of this waste; there
fore, be it
Resolved, That we hereby request the
aid and assistance of the Governor and the
attorney general of the State of Indiana as
well as the aid and assistance of the natural
gas supervisor in prosecuting such suits as
are now pending and in instituting such
other suits as may be allowed by law to
prevent the further waste of gas in the
state of Indiana, to the end that this great
pie may be enjoyed as long as possible.
BE 1t further resolved, That the chair
man of this meeting appoint a committee of
nve to present these resolutions to the Gov
ernor and the attorney general of the State
and to assist in carrying out the objects of
this meeting"
AS had been anticipated the meeting was
not very well attended, the call for it having
been issued too hastily. Among those pres
ent were Governor Mount, Acting Mayor
Johnson, City Attorney Kern. Samuel F.
Morss William Fortune, president of the
Commercial Club, /. S. Gordon d. NJ Parry
and other members of the Board of Trade
several members of the Commercial Club
including Nathan Morris, A. r. Potts Be-
ment Lyman, James B. Curtis, John s.
Lazarus. r. n. Lamb. attorney for the Con-
sumers' Gas Company S. E. Rauh, Repre-
sentative Hubbard and others. Robert
Graham, of Noblesville, was one of the in
terested spectators. Deputy Attorney Cen
eral Moores came in before the meeting adj
journed.
JUDGE LAMB PRESIDES.
In the absence of the mayor John w
Kern called the meeting to order. Robert
N. Lamb was chosen chairman and William
Fortune secretary. Chairman Lamb stated
that the purpose of the meeting was to take
some steps to stop the ruthless vase of
natural gas in the gas belt He said that
this had become a matter of grave import
ance, not only to the citizens of Hamilton,
Madison, Delaware and other gas-belt coun-
ties, but to residents of IndianapoIisi as
we'll. For seven or eight years Indianapolis
has been enjoying the luxury of this fuel
and would find it great calamity to have
to return to the old methods. He called for
discussion of the subject.
A. F. Potts, chairman Of the Commercial
Club commit tee, said that the meeting was
not unlike thatl,of ten years ago, when
means were discussed and steps taken to
get gas Now the question is how to keep
it. I'VE have been proud of the results of
that meeting,'i said he. land the wonderful
growth of the city is largely the result of
what was done then! AS I take it it is as
important now to save the gs as it was to
get it then" Mr. Potts spoke of a visit he
made with the American Association of
Science to the gas belt after its discovery.
when gas was being burned out Of the
wells. 1t was pointed out by the scientists
that gas would not last for ever and that
it ought to be preserved He said that Be
ment Lyman had illustrated the great
diminution of the gas by saying that when
wells were drilled in old fields the pressure
was down to one hundred pounds where it
had formerly been $50 pounds. Discussing
the possibility of stopping the gas waste Mr.
Potts said:
THE trainers of our federal and state
constitutions. in their effort to preserve the
individual rights of the citizens against the
possibility of future encroachments incor-
porated several provisions which are too
often relied upon to defeat the general well
fare. But our courts have had the courage
to so construe these provisions as to pre-
serve the spirit of constitutional liberty and
at the same time restrain men in the ex-
ercise of their individual rights where such
exercise would conflict with the rights of
others.
NO ABSOLUTE OWNERSHIP.
There is nothing left of the doctrine of
absolute ownership in anything. Your real
estate may be assessed for its full value
for the Improvement of the thoroughfare
in which you have but an interest. Your
premises may be entered for the inspection
of the water or other pipes. You may not
store gunpowder or other explosives within
your own walls. Your building may be
torn down if ii is not of a character com
plying with a city ordinance and threat
ems the life or property of any other person.
If it is in the time of a disastrous confia-
grafton it matters not how substantial its
character, it will be blown to atoms to stop
the spread of the fire. You may be driven
from it by the Board of Health and see a.!
your household treasures given to the flames
and you and your wife and children taken
into custody and put in quarantine to pre-
vent the spread of some dread disease. You
may not take fish in your own waters as
you please or shoot game when it suits your
fancy, though found on your own fields.
And So with each advance of civilization
ard Improvement you find your individual
rights more and more restricted by con-
sideration of the rights of others
'Our Supreme Court has well said While
our republican government guarantees the
right to pursue ones own happiness, yet
that government is charged with the duty
happiness And when that right is asserted
in such a manner as to conflict with the
equal right to the same thing in others
it is not inalienable right, nor right
at all, but is a wrong.
And applying the doctrine to the waste
of natural gas they say, in the case of
Townsend VS.. State, reported in the Forty
seventh Northeastern: If, therefore, 1t
for the want of which others are made to
suffer and be unhappy as the direct result
of such waste. then the pursuit of such hap
piness is a positive wrong.
"The distinction is made by the court,
and we'll taken that no legislation can be
directed against the use. but only the abuse
or waste For example, the act against
the piping of gas out of Indiana was held
torial lines and making no distinction be-
tween the citizen of Chicago and the citi-
zen of Indianapolis Gas in the pipe be-
comes personal property, which the owner
may sell where he pleases, but he may not
vantonly throw away this bounty Of ma
ture simply because he finds ii beneath the
soil on which he holds a title
I'm the case OF Gentle VS.. State 90 Ind,