Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-02-08
INDIANA LEGG~LiTURE DEALT
WITH PROBLEM NOW COZ.
IRONTING OKLAHOMA.
FULLY EXPLAINS MATTER
No Right 10 Induce an Unnatural
How Into or Through
His Well.

/ OF lpr hhiNhBe or gas was one which
engaged the attention Of the Indiana
legislature for two sessions The gas
was being plpcd 10 Chicago and leases
/ were dcterlorating through the use OF
pumps on the adjoining farms. Final
lY tho Indiana legislature passed a bin.
Tho bill WH9 subjected 10 the scrutiny
of the courts. Here is what Thornton
lu hi5 last work on oil and gas legis-
latIon, chapter 2. page sc, has to say
on the situation there:
Increasing Flow Of Gas by Pump
ing Wcll-While every land owner has
| tho right 10 bore for gas on his own
land, and TO use such portion Of It aa
rises 10y natural laws TO the surface
in his wells or flows into his pipes.
yet nm adjoining owner, at least, has
u" right 10 induce an unnatural flow
into or through his well, or do any
act with reference to the common res
crvoir and the gas in IT, injurious to
or calculated 10 destroy It; ana an ac-
tion may be maintained by the own.
cr5 of the superintendent lands to
cnIoln another owner from using de
vlcc9 for pumping. or any other artl-
fetal process that shall have the cf-
rect Of Increasing the natural flow Of
gas. In an earlier Indiana case a diff
feront rule was adopted In the more
recent Indiana case the following
/ language was used in discussing this
question
Natural gas Is nuid mineral
substance subtcrrancous In It's origin
ANA location, possessing in restrict
ed degree, the properties of under
ground water and resembling water
In some Of IT'S habits Unlike water
II is not generally distributed, and. so
far MS now understood, It can be used
for but few purposes the most I'M
portant being that of fuel It's ply
sical occurrence Is In limited quaint
tics only within circumscrihod areas
OF greater or lesser extent. II it could
ho dealt with as suhtorranean water.
thorc would be- no difficulty IN deter
mining the rules 10y which the right Of
land owners and other persons inter
cstrd I'm 81. should ho governed But
the difference between natural gas and
underground waters, whether flowing
I'm channels or pcrcolating the earth.
i7 so marked that the principles which
the courts supply to questions relating
to the latter are not adapted 10 the
adjustment of difficulties arising from
conflicting interests In this now and
peculiar 0uid Natural gas being con
Tined within limited territorial areas.
ana being accessible only by means of
wells or openings upon the lands un-
dorncalh which 1t exists Is not the
subject Of public rights In the same
scnsc, or 10 the same extent. as an
imals fcrac- naturac, and the like are
said to be-. without the consent Of
the owner Of the land. the public can
not appropriate IT, use II, or enjoy any
benefit Whatever from IT, This power
~ the owner Of the land to exclude
the public from Its use and enjoyment
plainly DISTINGUISHES II from all other
things with which il has been COM
uarcd In the use, enjoyment and con-
troll Of which the public has the
right to participate. and tends to i'm
press upon H. even when in the
ground I'm It's natural state. or nj
least in q qualified decree. ono Of the
characteristics or attributes Of private
property In the case Of animals
fnrac-uaturac. fish ana the like. this
public interest Is said to hc repre-
scntcl hv the SOVEREIGN or state. So.
ip ia. ..r, ~ pY.t.ifs.. II, ,.t,..r. 80, I