The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-29
THE PUMPING OF GAS
AN IMPORTANT DECISION By THE
SUPREME COURT.
The Fuel Cannot BE Legally Pumped
Out of Gas Wells-An Old
~Recefvershfp.

In affirming the decision of the lower
court in the case of the Manufacturers
Gas and Oil Company and others VS.. the
Indiana Natural Gas and Oil Company yes
terday the Supreme Court decided that
natural gas cannot be legally pumped out
of gas wells. This was one of four cases
filed against the defendant to enjoin 1t
from pumping natural gas out of Grant
county to supply cities and towns at a dis
lance. 1t is alleged in the complaint that
the plaintiffs own different manufacturing
plants in Grant county. in which they have
been burning natural gas for fuel which
was drawn from their own wells on their
own property The complaint alleges that
the gas beneath the surface is contained
in a large reservoir, from which all the
wells in the district draw their supply. and
that when an excessive quantity is drawn
from one we'll the owners of all the other
| wells in the neighborhood suffer as a conse-
quence.
1t was alleged that the defendant used
pumps to carry gas from the wells to dis
tant cities in violation of the statutes of
1891 and 1893, which forbade the use of any
device for the purpose OF increasing the
natural flow of gas from the wells. In af-
frming the decision of the lower court the
Supreme Court held that the surface pro-
p~rietors have the right TO reduce to possess
sion the gas found beneath, and could not
be absolutely deprived Of this right without
the taking of private property. But, the
court continues, there Is a coequal right
J in all such owners TO take gas from the
same reservoir, and no one should be al
lowed to use his power over the wells on
his W land so as TO acquire an undue
proportion Of the common stock Of gas to
| the detriment of others.
The court says that even in the absence
Of a statute expressly forbidding the use
of pumps the common owners of gas in a
| common reservoir would have the right to
| enioin any and all acts which will material
ly injure or which will involve the destruc-
ton of the property in the common source
| of supply. The court declares that the al
legation that the defendant is using pumps
in some wells and threatening TO use them
in others, by which the flow of gas is great
ly increased, and that the effect of the use
of such machinery is TO remove the back
pressure that confines the gas in the tren-
and flood the reservoir so as to destroy it
and entirely stop the flow of natural gas
In plaintiffs wells shows such a threat
ened injury as is a proper subject of relief
by injunction.
F. A. w. Davis, of the Manufacturers
Natural Gas Company. said yesterday that
while he saw a great danger to Indianapolis
in the decision of the Supreme Court. yet
he thought ii would not apply to the pump
ing Of gas through the pipe lines, but only
to pumping directly from the wells. He
said it might ultimately shut off gas from
Indianapolis. as no gas could be brought
here If dependence was placed entirely in
the normal flow from the wells. He thought
the case would be appealed to the Supreme
Court or the United States.
j. H. Dilks general manager of the In
diana Natural Gas and Illuminating Com.
pany, said the case would be appealed to
the Supreme Court of the United States
In the meantime, he says, the Legislature
will be asked to amend the gas law.
Ferdinand Winter says the decision will
not affect Indianapolis and that only the
section of the law which says the flow OF
gas from wells may not be increased by
artificial means has been affirmed by the
decision. He says the gas may be pumped
| after IL is once on the surface