The Topeka state journal., 1902-05-09
An Important Oil and Gas Suit
Up at Chanute.
Fred and Eliza Hetrick Contest
the City's Rights.
RESTRAINING ORDER.
Thinks the Cooperation is Ex-
ceeding Its Rights.
Will Involve a Vast Number of
Similar Cases.

Chanute. May s.-The most important
case in the history of oil and gas in this
county has been filed in the district court
by Attorney c. A. Cox, representing Fred
and Eliza Hetrick 1t is a petition to the
court asking for a temporary restraining
order to prevent the city from selling to
the highest bidder on May z the oil
rights on their homestead, and perma-
nent decree Of forfeiture of the eity's lease
on all the Hetrick land. insofar as oil
rights are concerned.
It is a very important suit for it must
inevitably lead to others of similar char
acter and result in much legal battle.
The suit was not unexpected for the plain
tins had already served notice upon the
city that their intentions might have
been clearly foreseen. Should temporary
restraining order be granted, which is
quite probable, the city's auction of its oil
rights win have to be deferred until not
only this case may be settled, but others
from land holders in similar positions
The plaintiff 5 petition is very long, COW
ering several pages of typewriter manu-
script 1t is a very complete document.
embracing every feature of the case 1t
reeites in substance the following facts:
That the city of Chanute. operating as
a second class city under an act author
izing cities of the first, second and class
tiles, a gas plant, for the purpose of fur
nishing its citizens with gas for fuel and
light, and to lease gas and gas land for
the purpose of supply ing said gas plant
with gas, did on the 18th day of July, 1899.
lease from the plaintiffs 172 acres more Or
less, for the purpose OF prospecting for
oil and gas That shortly afteFWard the
said city sold or assigned to ]. N Knapp
the east half of the northwest quarter. or
the oil rights thereon, which he has fully
and satisfactorily developed. That the said
city retained lots and z. both as regards
to oil and gas, sinking one gas well on lot
in August of 1899, and though finding gas
in paying quantities, ceaSing developing
entirely. further on said city found oil in
one well on lot z, but abandoned same,
much to plaintiffs financial loss. and that
by rea son of said city's abandonment of
prospecting on said lots 6 and Z. it has
forfeited its rights under this lease That
now it is attempting to sell and dispose of
virtue of this lease to any person or per
sons who might pay the said city the
largest sums of money therefor, said sale
being authorized by resolution or the city
council passed during the month of April
and setting the date of such sale at May
Y, and notifying parties interested in the
purchase of oil rights of its intention to
sell to the highest bidder. That said plain
tiffs have notified said city that they pro-
rights of any purchaser to go upon said
lands and drill for oil, and have further
notified them of their desire to terminate
said lease. That said plaintiffs do not de-
sire to moleSt the city's rights to the gas
under the entire 1l2 acres. but that 1t has
now been nearly three years since the city
has attempted to explore any OF said land
for either oil or gas. and has not at any
time sunk well on said lots and with
as the city has no use for oil and has no
right authority in law to speculate in
oil fields or oil lands, that the court grant
said plaintiffs order restraining said
city from selling said oil rights and decree
that said pretended lease is void.