Rock Island Argus., 1900-04-10
GAS CASE IS DECIDED.
Matter of Interest Wherever the
Natural Explosive Is Found
by the Drill.
COMPANY IS GIVEN THE WARM END

knights of Pythias Lose Life Insurance
DisputatIon-City Anti-Cigarette Ordi-
nance Sustained-Pension Court of APP
peaIs Wanted by the q. A. R.-Proposed
Revision of the Law of June 81, 1890,
and Suggestions Therein.
Washington, April 10. - Justice
White, in the supreme court, yesterday
handed down the opinion of the court
in the case of the Ohio Oil company VS..
the state of Indiana. The case in-
volved the validity of the state law
prohibiting persons from boring wells
TO permit the escape of gas into the
atmosphere, as opposed to the general
interests OF the community. The oil
company in its petition alleged that
the enforcement of this law was a vio-
lation of the federal constitution, i'll
that il amounted to taking property
without due process of law, declaring
that it practically meant that the oil
i'll certain district could not be re-
moved unil the gas was exhausted.
The state courts upheld the law, re-
fuSing to accept this view of the case.
Yesterdays opinion sustained that
view. Justice White said that the oil
company had apparently proceeded
under Il misconceptiOn of the law. for
under the view presented each prop
erty owner could proceed to do as he
might please with his property to the
injury of an entire community.
Explained the Decision of the Court.
For this reason the prohibitory law
of the state was held to be
valid and not in cOntravention
OF the constitution of the United States.
Justice White said there was a CO.
equal right of all the owners of the
surface soil to the gas and oil below.
1t follows" he continued. from the
essence of their right and from the
situation of the thing as to which it
can be eXerted that the use by one of
his power to seek to convert a part
of the common fund to actual posses
sion may result in an undue proportion
being attributed to one of the posses
sorS of the right to the detriment of
the other. or by waste by one or more
to the annihilation of the rights of the
remainder"
Decision in n Pythian Case.
The opinion of the circuit court of
appeals for the Fifth circuit in the
case Of the Knights of PythiaS VS..
Josephine Il. Withers was affirmed by
the supreme court. The action was
originally begun in the circuit court
CI Ildle county, Ald., Dy MTS. w lJQerS
to recover of the Knights of Pythias
the amount of Il policy of insurance
upon the life of her husband. The pay
Inent of the policy was resisted on the
ground that the secretary of the sec
ton in which Withers resided had
failed to make his return of premiums
paid within the time required. The
PythiaS took the position that the sec
retary was the agent of the insured
only and not the agent of the order.
and that therefore the body was not
responsible for his neglect. The su-
preme court. however, refused to ac-
cept this view.
Anti-Cigarette Ordinance Sustained.
The court also sustained the anti
cigarette ordinance of the city of Chi
cago. The case was that of Gundling
VS.. the city of Chicago. Gundling was
convicted in a police court of that city
of violating the city ordinance forbid
ding the sale of cigarettes without Il
license, and was fined $50. The case
was appealed to the state supreme
court. and was there decided against
Gundling. He then brought the case to
the federal supreme court, alleging
the ordinance to be contrary TO the
constitution of the United States. The
ground of the courts decision was prac-
tically that it had no jurisdiction.
the matter being one for the state
courts 10 determine, and an exercise of
the DOlice power