The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1908-07-31
MOTION TO DISMISS

Now comes, q, n. Haskell, Cover
nor OF the State OF Oklahoma, for and
on behalf Of said State, and respect
fully represents and shows to the
Court that the above entitled cause
was instituted on the -. day OF July,
1908, without the knowledge or au-
thorlty OF the Governor OF said State;
that the first hearing hereof was set
for July 0, 1908, on which date the
Acting Governor at the advice and re-
quest of the Governor, moved post
ponement OF further hearing In said
cause, until the Governor might re-
turn, and have an opportunity TO in
vestigate the alleged controversy as
set forth in the petition.
That at said application for post
ponement the Acting Governor re-
quested that the temporary restrain
ment order remain in full force and
effect until after such Investigation,
In order that, II the defendant was
really violating any OF the laws Of the
State, or trespassing on the rights OF
our citizens, that no loss to the State
or the people should occur from the
postponement Of che hearing.
/ nov find, after careful examlna-
tion, and understand the facts TO be
as follows;
At the time Statehood was pro
claimed last November, there was In
existence and operating, three inter
state OIL pipe lines, one owned by the
Prairie Clll and Gas Company, ex-
tending from Greek county north
ward Into The State CT Kansas; two
extending from Greek county south
ward across Indian Territory aud
Texas, TO the Gulf; one known as the
Gulf Pipe Line Company, and the
othsr as the Texas Pipe Line Com.
pany. These pipe lines had been con
strncted and we're existing by au-
5hority granted by the United States
Government, and were used for tie
purpose Of conveying oil from one
point TO another.
Some miles 10 the east OF tile Prairie !
Oh and Gas Compan's above mentioned
line, Is local hald known as the 1Hog
Shooter Field and a few miles still
further east, is another haid with I
several local names but known gen
orally as the "Cherokee Shallow I
Field
The Prairie Oh and Gas Company
already have two four inch lines and
a SIX inch line extending from their
main line through tho "Hog Shooter
Field. and over TO the "Cherokee
Field, but for the time be
ing. these lines have not sufficient
capacity TO carry away the oil pro-
huced In the Shallow field, aud the
land owners and oil producers Of that
field desire, for temporary use,
greater carrying capacity to enable
Them TO save and market the oil which
Is being produced 10 the shallow Field,
md have requested the Prairie OIL
md Gas Company 70 lncrense lts caF
'ying capacits temporarily by laying
IN additional line OF eight inch pipe
70 aid In conveying the oil from the
Cherokee Shallow Field 20 the main
pipe line Of the Prairie on and Gss
company that the Prairie OH and
Jas Company desires to lay said al
iitlonal line OF pipe without 10 any
gay exercising the right OF eminent
lomain IN tiia State Of Oklahoma, and
Without acquiring any right except
ueh individual right as the land
Iwners across whose land the line
would % laid, would voluntarily ,
gree and consent 20; that said line Of ,
'ipe is for the sole purpose Of tempo
aFily conveying oil from the Shallow
field TO the main lines Of the Prairie
III and Gas Company, which we're in
xlstence as aforesaid when Statehood
egan; that the Prairie on and Gas
'ompany comedies that II 10 or It's as.
lgns should at any time undertake to $
se said line of pipe In any other way, J
r for ang other purpose other than a
boae specified, or should undertake y
0 transport naturnal gas through Z
aid line Of pipe, that for any such |
IolatIon Of the present declared pur-
ose as above set forth, said line Of c
ipe should he forfeited to the State a
Oklahoma, and thai the state V
hould Be at once entitled 10 take tie q
ossesslod and control Of said line Of q