Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-11-10
ASK FEDERAL COURT FOR
INJUNCTION AGAINST
COMMISSION
SET FOR HEARING MONDAY
Probably the Most Important Oil
Litigation in History of
the State.
CoMER X. BENEDICT

which may be the beginning Of the
end OF testing the validity of the or
ders OF the Corporation Commission.
The Smrian OH company and the
Quaker OH company through their
attorneys sherman, Neasey q O'Meara
ask for an injunction against the
Corporation Commission OF the state
their agents and employees, enioining
them from enforcing any Of the or
ders of the commission made since
May in the regulation Of drilling
wells or running oil I'm the pipe lines
or selling the same.
Under the act of 1912, three judges
must sit I'm this case. inasmuch as an
injunction is asked against a state
Judge Campbell set Monday, NoNem-
Der 6, for hearing, and wired Judge
SHuborn of the Eighth circuit to APP
point associate judges Judge Camp
bell no doubt will be one and just
who Judge Sanborn will select is not
known,
Relief Ask For.
The petition recites all the orders
OF the Corporation Commission made
since May 6, and says
Whereas, the premises considered,
plaintiff prays for the following
"(a) That temporary Injunction
issue herein in favor of the plaintifi
and against the defendants and each
Of them, their agents, their employees
and servants, restraining and enjoln-
ing them and each Of them from en-
forcing against this plaintiff any Of
the provisions OF the orders and regu-
10 . ,t,.1. fgA nd
joining and restraining them from
preventing or In anywise interfering
with this plaintiff in the drilling Of
such wells on said leases as are nee
essary, according to the judgment Of
this plaintiff, to enable 1t to obtain its
fair proportion Of the oil In said
pool, which in part underlies the lands
Of this plaintiff, and plaintiff prays
that a day certain be fixed by the or
der of the court for a hearing on the
application of said plaintiff before
said interlocutory injunction, and that
upon the filing Of this bill a restrain
ing order issue herein. in favor Of the
plaintiff and against the defendants,
according to the prayer Of this plain
tff for an intcrlocutory injunction.
such restraining order to be i'm force
and effective until the disposition Of
its application for an interlocutory in-
junction.
"tb) That the orders OF the defend
ants and the acts of the defendants,
In persuance thereof, ms hereinbofor
alleged, be admdged In violation of
the rights Of this plaintiff, under the
fourteenth amendment to the Const-
tuition of the United Staes.
"(C) That on the final hearing Of
this cause, a perpetual injunction is
sue herein, according to the prayer
OF this plaintiff for the issuing Of an
interloCutOry injunction herein, and
plaintiff further prays that il have
and receive such other equitable relief
as it is entitled to in the premises,
and its costs herein eXpendd."
Causes of Action
The plaintiff sets forth several
reasons why the injunction should be
granted: That the defendants are
threatening to prevent and have pre-
vented the plaintiffs from sQuibbiug
or shooting any well drilled or to be
drilled according to the custom and
usages Of the oil country.
That the defendants threaten to
prevent the plaintiff from drilling any
wells on the lease without first OBJ
tanning permission from the defend
ants and AYERS that while this plain
tiff have made application for permis-
slons to drill, such permissions have
been denied. That the defendants
threaten to and will unless restrained
order and direct any pipe line com
pany to refuse to accept oil from the
wells, and refuse to make connections
with such wells
That the defendants threaten to inn
a. -hA
drill in any we'll or should it shoot
or squib any well, or should it sell
oil at less than 55 cents a barrel.
The plaintiff AYERS that unless il is
permitted to drill said wells on said
leases or such other wells as it may
desire to drill. In order to obtain its
fair proportion of the oil deposited I'm
the said common reservoir underlying
in part the lands of the plaintiff, and
unless II is permitted to shoot and
squib the same according to the ordi-
nary usages OF the oil business and
unless II is permitted to market such
production to the pipe line companies
at the prevailing field prices It will
suffer great and irreparable injury.
Cite Fourteenth Amendment.
In addition to the above the plain
tiff cites the fourteenth amendment,
In that said law, the administration
thereof as herein referred to by the
defendants, and the acts OF the de-
PENDANTS Hereunder as recited herein,
abridge the privileges and immunitics
OF this plaintiff, a citizen of the United
States, and deprives it of its liberty
and property without due process OF
law and denies to 1t the equal protec-
ton Of the laws.
The property involved in the land
OF the Quaker Oil & Gas Co is lot
and the southeast quarter of the
northeast quarter OF section 5-1S-7,
containing l60 acres.
This case will no doubt supercede
all other cases, and is being brought
as a test case to determine the validity
OF the Corporation Commissions acts.
BY bringing the action in the fed
eral court an appeal can be taken di-
rectly to the supreme court of the
United States and In the judgment of
the attorneys for the plaintiffs will
Continued on Page Two)