The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-31
OWNERSHIP OF THE GAS
LIES PRIMARILY WITH THE SOVER-
EIGN PEOPLE, SAYS THE STATE.
Gist of the Brief Filed in Lfppincott
and other Cases in the SUI
preme Court.

The briefs were filed yesterday for the
state and the Lippincott Glass Company,
of Anderson, in the two suits pending before
the Supreme Court for an injunction against
the Ohio Oil Company to prevent the unlaw-
full waste of natural ags The cases were
tried in the Madison Circuit Court, where
the injunction was denied, and on their APP
peal the Supreme Court was petitioned to
advance them on the calendar. The court
granted the petition, fixing Jan. 1 as the
time for the filing of the briefs of the ap-
pellants, Jan. Is for the filing of the briefs
of the appellees and Jan. % for the hearing
of oral argument.
The brief filed by the state yesterday sets
up claim that the ownership of the nat
ural-gas supply lies primarily with the SOW
ereign people, who have the right to make
such legislative restrictions on it's use as it
may see fit. The old principles of the COM
mon law applicable to the use of subter-
ranean waters by property owners cannot
justly be made to apply to the use of the
gas. Modern conditions are such that
should this ancient rule be followed, great
injury would be done to many industries. and
to thousands of people who are dependent
for their fuel upon the gas supply. The gas
fills vast reservoir, every part of which is
connected so that the withdrawal of any
quantity of 1T from any part of the reser-
voir reduces the supply in the reservoir in
the same ratio. Anyone who deliberately
taps the reservoir and allows the contents
to escape cannot be ignorant Of the conse-
quenceS of his act, and the presumption
must be drawn that he intended to produce
such consequences.
The brief then declares that the question
at issue thus made is whether the defendant
company cannot be enjoined from purposely
draining the reservoir and thereby inticting
permanent injury upon great community.
PRIVATE CONSUMER NO REMEDY. =
The brief, while acknowledging that the
private consumer has no common-law rem
edy in a suit to prevent the waste of gas,
maintains that it is a fundamental error to
ascribe the same legal character to gas de-
posts as to the percolations of subterran-
can waters. Cons 1ering the great stake
which the whole State has in the issue,
such ruling should in no possible event
become part of the law of Indiana
The attorneys for The Lippncott Glass
Company claimed that the waste of gas by
the Ohio Oil Company was a nuisance, and
II TINS is so, the state attorneys say that
the glass company has right to maintain
us ACTON as one who suffers a special in
jury: 1t cannot be deemed an answer. the
Drlef continues, to say that the appellants
not being the owners of the natural gas,
are not interfered with in the enjoyment of
us own. While the natural gas is not owned
by the land owner yet the presence of the
SdS Denedtn the Iand enhances its value and
the waste of the gas results in inpairing
the value of the property.
Continuing, the brief says that the Su-
preme Court has already held that the use
OF natural gas is within the police power OF
the State. There are double grounds for
legislative control-it is primarily the prop
erty of the sovereign people and is a danger
Gus explosive, which, If allowed to escape
into the air, is also deleterious to health.
The briefs are signed by Attorney General
prosecuting attorney for the Madison Cir
cult, M. A. Chapman, Ferd Winter and
Blackiedge e Shirley.