The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-03
A GAS CASE NEXT WEEK
EXPECTED TO GET NATTER BEFORE
THE SUPREME COURT THEN.
Conference mt Governors Office Yes
terday-AttOrney Shirley Explains
Status of Litigation.

IL is possible tnat the suit from Madison
county to enioin the waste of natural gas
may get into the Supreme Court yet this
week and that argument will be heard Sat-
urday of next week. c. c.. Shirley, of Ko-
komo, one of the attorneys who has been
conducting the litigation, was here yester-
day and called on Governor Mount Mr.
Shirley was present at conference be-
tween the Governor and Deputy Attorney
General Moores, with Messrs Potts, For
tune, Lyman and Morris members of the
committee of five appointed the night be-
fore at the citizens meeting to present the
resolutions that were adopted. City Attor-
hey Kern was not present.
Mr.. Shirley was in a position to give the
Governor, deputy attorney general and the
committee good deal of valuable informa-
ton in regard to the status of the iItiga-
ton. He explained that a suit had been
brought to enjoin the waste of gas. A de-
murrer sustained by the court, on the
ground that the remedy provided in the
law is insufficient. This case, he said, is
ready to be carried to the Supreme Court
as soon as the transcript is prepared by the
clerk.
How long will that take, Mr.. Shirley?''
inquired the Governor.
Supreme Court by next Tuesday. In fact, it
may be ready now. 1t might be possible to
get it there tomorrow (Friday.)"
In this case is involved the right of pri-
vate citizen, directly injured, to procure an
injunction. The court below held that no
such remedy existed.
Mr.. Shirley explained another class of
litigation that is pending in the Madison
Circuit Court There are many suits there,
brought in the name of the State, on the
relation of the prosecuting attorney, to re-
cover the penalty named in the statute, $780,
for permitting gas or oil to escape for more
than two days after the VIII is drilled, and
$500 additional for each ten days the waste
continues. Mr., Shirley expressed the opinion
that the case would be tried in a compare
lively short time and that no matter what
the decision, it would be appealed at once,
as the defendant already owes the State
$4,000 under the provisions of the law. This
is increasing all the time and the defendant
naturally wishes it's rights settled as soon
as possible in order to avoid heavy penal
ties in case a decision adverse to it is rem
dered
There was some discussion of Mr.. Pottss
suggestion, made at the public meeting.
Wednesday night, that the gas inspector
bring a suit in the name of the State to en-
join the waste of gas. Mr.. Shirley was
somewhat in doubt as to whether this could
be done, but said that it was the only thing,
in addition to what has already been done,
that he could suggest. He seemed to think
that the gas inspector would be under the
necessity of giving a bond The deputy at
torney general declined to discuss the OBJ
jectionS to this sort of a proceeding.
Governor Mount said that he had con-
suited with the attorney general about be-
coming the relator in a state case some
time ago, but the attorney general informed
him that 1t was not safe, as he would have
to give heavy bonds to secure temporary
injunction and that in the event the suit
went against him, he would have the dam
ages and, perhaps, heavy costs, 10 pay,
with no resource Tor his reimbursement,
except through the Legislature, which
might leave him in the lurch.
The discussion brought out the fact that
all the issues involved might be got into an
other suit either in The name of the State
or some interested party, as the attorney
general may advise Such a suit will Prob
ably be commenced to-day in Madison
county. AT present the questions are di-
vided in several suits. There is doubt
whether the Supreme Court would pass
on any question other than the right
to bring an injunction suit in the case that
has already been decided. The other case
that is about ready for Judgment may not
cover all points fully. Mr.. Shirley said that
the oil prospectorS were claiming that they
were not wasting gas They say that they
utilize 1t to force the oil out OF the earth
and that there is no method of separating
the two. So far separating them under
ground is concerned. Mr.. Shirley said, that
is probably out of the question, but there
are plenty of methods of separating them
after they reach the surface. The point is
a mere pretense, he said, but still 1t must
be met in court.
ra,,I.r r,,artiopc Mr. Shirley av-
pressed himself as perfectly, willing to act
with the attorney general in the injunction
suit when it gets into the Supreme Court.
Mr.. Winter and Mr.. ketcham are both In
the bank case. Mr. Winter has consulted
with Mr.. Shirley from time to time about
the progress of the litigation and Mr.. Shlr-
ley suggested, he would doubtless like to be
heard at the oral argument. The deputy
attorney general suggested that the court
hearing the bank case might adjourn from
Friday until the following Monday in or
der to allow Mr.. Ketcham and Mr.. Winter
to be heard. 1t was believed that there
would be no trouble in getting the Supreme
Court to advance the case and dispose of
it alrnost Immediately. The rules have been
cha aged so that this is possible 1t was re-
called that the Roby cases were disposed of
III about ten days Governor Mount said
that he would personally urge the supreme
judges to act soon possible, in view
of the urgency of an early decision.
The KokOmo attorney called attention to
the fact that if the Legislature were in ses-
sion and new law were enacted, 1t would
be necessary to get a decision on 1t by the
Supreme Court before ii could be relied on.
BY that time, he said, all the laws now in
existence should have been passed on by
the upper court. He was asked what, II
any. amendment, supposing the Legislature
to be in session, he could suggest: He said
the law might be more effective II the PEN
alties were heavier and If the statute di-
rectly conferred the right of injunction
upon the state officers or any injured party.
The committee decided that every step pos
sihle was being taken or would be taken
at once, and that it is safe to leave things
entirely in the hands of Mr.. Shirley, espe-
cally as he expressed entire Willingness to
accept the aid of the attorney general and
the state officials in pushing the litigation.
Governor Mount said, during the ,onfer-
ence which was rather informal, that he
had received letter from State Gas In
spector Leach informing him that the sem
timent in and around Alexandria had
changed quite perceptibly and that quite d
number of persons had voluntarily closed
their wells.
FIGURES SHOWING GAS WASTE.
Pressure nt the Wells Falls TO Eighty