The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-21
Governor Durbin Of Indiana
Warns Kansas.
PrOfiIgate Use Has Depleted
the HOOsier Fields.
FAILED TO STOP 1T.
An Effort Made to Prevent Pip
ing Out of State.
Supreme Court Declared the
Law Unconstitutional.

Governor Winfield T. Durbin of
Indiana says in a private letter to
Governor w. J. Bailey;
eff Indiana had adopted her pres
ent laws against the prohigate use of
gas when gas was first discovered, it
would have been worth millions and
millions of dollars to our state. The
useless waste in gas, rather than the
pipe lines. are responsible for the de-
crease in our available supply. Kan
sas would do well to protect itself
while its gas fields are new
Indiana has had, In times past, so
much natural gas that it did not know
what to do with it. So it went ahead
very much as Kansas is doing and
wasted vast quantities of it, on the
apparent assumption that the supply
was inexhaustible. The result is that
the wells have failed, and the meas
ures which were taken too late to pro-
Sect the supply of gas are, as Governor
Durbin says, almost futile.
Governor Bailey evidently concurs in
the opinion expressed by Governor
Ourbin, and favors more stringent laws
to protect the Kansas gas supply
from unnecessary waste.
81 don't know that Governor Dur
bin has reference to any special laws,
but rather to all the existing laws on
the Indiana statute books" says Gov
ErnOr Bailey HIS communication TO
me was made in the course of a per-
sonal letter, and is therefore of no off,
cial significance. But it affords a val
liable suggestion for the future action
Of Kansas in relation to its gas sup
ply"
Indiana has discovered, among other
things, that it cannot prevent the
piping of gas outside of the state The
people back there have come to the
conclusion that gas which is piped out
and sold is really benefiting the state,
while gas that is allowed to go to
waste tenefts no one. The legislature
has acted accordingly.
Back in 1889 the Indiana legislature
undertook to pass law such as has
been talked of to some extent in Kan
sas- The law prohibited piping gas
out of the state. 1t said in part:
1T shall be unlawful for any person
or persons, company, corporation or
voluntary association to pipe or con-
duct natural gas from any point with
in this state to any point or place with
out this state; any persons, company,
corporation or voluntary association
which shall have entered upon and ac-
quired by deed of conveyance or APP
propriated or condemned any real estate
under any law of this state for the pur-
pose of laying its pine lines or for any
other purpose, which shall permit any
gas to be conveyed or carried through
its pipes TO any place without this state
shall forfeit all right, title and interest
in and to all such real estate so apprO-
pr1aIeO, conveyed OF condemned, ana
the pipes laid hereunder and the same
shall revert to and become the property
of the persons or corporations who own
ed the same at the time of such appro-
priation-"
OF course the law was tested in the
supreme court of Indiana, and was de-
clared unconstitutional. The supreme
court said in part:
1.-The act of March 9, 1889, has for its
object to prevent persons from convey
ing natural gas from this state into
another state is institutional, being
legislation in reference to Interstate
Natural gas in the earth may not be
a commercial commodity, but when
broght to the surface and placed in
pipes for transportation 1t assumes that
character as completely as coal on the
cars or petroleum in the tanks. Trans
portation of commercial commodities
from state to state is interstate COM
merce and the state legislature can
neither burden or restrict it,
The legislature then proceeded to pass
laws to regulate and prevent the waste
of gas. and these are the laws which are
recommended by Governor Durbin to
Governor Bailey.
Provision is made in the Indiana
law for a natural gas supervisor, Serv-
ing term of four years. The duty of
the supervisor is to see to it that the
laws are enforced, and to obtain sta
tistical information about increase or
decrease of gas pressure, character of
kCOlOEASdA SlAdl1 RctSSC0 lnIOuRn III
drilling, and amount of salt water en-
countered.
Owners of wells are obliged to stop
all leaks in pipes or machinery which
allow gas to escape. If the owner or
operator does not attend to this leak
age, the supervisor is authorized to
do So
Pumping gas by any method is pro-
hibited- The natural flow OF the gas
is all that can be utilized.
1t is also unlawful to allow gas to
escape into the air when a we'll is
brought in for a longer time than two
days.
Abandoned wells must be plugged up
with wooden plugs near the bottom
and then filled up with dirt and rocks
Solidly rammed-
The penalty for the violation of this
law is severe. The fine shall be not less
than $1,000 nor more than $4,000 and
the person or corporation adjudged gull
ty may be forever enjoined from con-
veying or Transforming natural gas
other than as provided in the act
Kansas has a few laws designed to
prevent the waste of gas, but they are
not nearly as strict as in Indiana No
one is delegated to insist upon the en-
forcement of the laws here and the
penalty for violation is light. The max
1mum fine is only 5000. The Kansas law
does not prevent pumping of gas. and
does not provide any effective means
for plugging wells or stopping leaks in
pipes.
Accidentally Shot.