The herald., 1898-10-06
Ran AGAINST A SNAG
ONE ORDINANCE A SAFEGUARD
TO ANOTHER
De GRO0T. CANNOT MAKE TEST
Of the Oil Limit Ordinance Because He
Dare Not Erect Boiler for Drill
ing Without Permit

w. E. De Groot has run against a snag
in his projected OIL operations in that por-
ton of the Knob Hill tract lying within the
1G0O-foot limit. The developments at the
weekly session of the fire commissioners
yesterday warrant the assertion that any
attempt to erect boiler and engine within
the limit will lead to the arrest of the per-
son or persons making such attempt. w.
H. Holablrd and Cal Foy were before the
commission to make statement as to the
apparent Intentions or De Groot and his
associates.
"Your honorable body" said Mr.. Hola-
bird, "a week or two ago granted to Mr..
De Groot a permit to drill for oil on lot IA
of block 3 in the Knob Hill tract. We have
learned that It was not the intention of the
petitioners for that permit to drill on the
lot mentioned at all, the location being
named merely as a subterfuge to obtain
the desired permit. They are Of the belief
that under the ordinance which requires
such permission they can drill any place
on the block named and are therefore now
making preparations to drill on lot II IN
stead of lot A. The former Is well within
the 160O-foot limit and II the facts are as
they apparently believe, we ask that you
revoke the permit on the ground that 1t
was secured under false representation"
''1f the oil men have such belief" an
swercd Mayor Snyder, they ore labor,ng
under a misapprehension, for the ordi-
permits cannot be construed that way. 1t
requires that the consent Of three-fourths
of the property holders in a block must be
obtained before n permit can be issued for
particular location and a new petition is
unnecessary for another location in the
same block. But another permit is neccs-
sary and you can rest assured that II
boiler Is erected on lot II the man erecting
1t will be arrested"
Fire Chief Moore agreed with the mayor
In this proposition and stated that De
Groot had assured him of his intention to
use the permit only as represented. The
chief said further: "If he attempts to erect
lot named in the application will swear
to a complaint against him myself"
Mayor Snyder also called attention to the
fact that even II the permit did include ter
ritory within the limit. 1t could not inval-
idate the operation Of the 1600-foot ordi-
nance.
This new feature to the controversy
makes 1t look as though the boiler ordi-
nance would put a quietus on the aspiro-
tions of the Knob Hill operators, as It is
believed to be an effective blockade to even
n test Of the limit ordinance. In order to
get the latter before the courts as con-
templated. violation Of Its provisions is
necessary, only the act of drilling for o..
would constitute violation. The drilling
cannot be done without an engine and boil
er, and to place these on the ground with
out the permit will constitute violation
of another ordinance. Under the ruling Of
the fire commission. repeated violations
must lead to repeated arrests, 80 how are
they going to get around It?
Assistant City Attorney Thomas. when
his attention was called to the situation
said: II do not know, without looking into
the details, how this complication will af-
feet the oil men In their endeavors to test
the limit ordinance, but 1t is quite COM
mon occurrence for one ordinance or law
to assist in preventing the violation or
evasion of another"
Another question on the issuance Of
boiler and engine permits which we will
spring at the proper time said Mr. Hol-
abird. concerns the length Of time for
which a permit holds good. We are relia-
hly informed that Mr.. De Groot has OBJ
tanned from some source or other an old
-'rnit issued for block A. 1t Is dated in
une. 1895, but 1t is said that De Groot pro-
i,osss 20 use 1t now. We are ready to fight
the whole proposition In the courts at any
time and have retained three prominent at
torneys for that purpose. Some money
has already been raised to meet the ex-
pense and more will be forthcoming when
needed. We will carry the question to the
supreme court II necessary, even Il 1t
takes five years."