, 1921-11-03

me Midwest Refining did
not come within the provisions OF the
act passed by the legislature in the
year 1915. Chapter ISL, Public Utiii-
ties. Wyoming Compiled Statutes for
1890, and that. therefore. it could not
be compelled to file schedules Of rates;
h n he Public Service Commission
OF Wyoming had not formally either
requested or directed The Midwest Re-
bning company to comply with the
provisions OF Section SASS, Chapter 351.
Public Utilities. Wyoming Complied
Statutes for 1920. by filing its sched-
uies Of rates.
Upon receipt of this information
from the Public Service Commission
OF Wyoming. the writer requested the
privilege OF reading the opinion rem
dered by the Attorney General, and
Was thereupon advised that the opin-
ion rendered by tho Attorney General
was an oral opinion. and not a writ.
ten opinion.
II 10 a well recognized. fact that fair
competition In his state would tend
to regulate the oil industry; that a
monopoly in ue oil industry. created
by unfair methods. was not, and is
not. OF advantage to the state; that a
monopoly does exist in the oil indus
try in Wyoming.
AS shown BY the report OF the Fed.
erai Trade Commission on the petrol
cum industry OF Wyoming. published
as of January 9. 1921. The Midwest
Refining company controls all pipe
lines to the Salt Creek field. The Salt
Creek field is the greatest oil produc-
ing field in the state Of Wyoming
The oil produced from that field is OF
quality superior to that of the Mid.
Continent field.
To construct a six-inch pipeline frog
Casper to the Salt Creek field would
involve an expenditure OF approx
mately one-half million dollars. Few,
II any. independent ~refineries are in
a financial position which would allow
of such a pipe line.
No independent company, operating
in the oil industry in the state OF wyo-
ming. has a sufficient mount Of pro
duction In the Salt Creek field to war
dollars in pipeline construction from
the field to Casper.
Independent producers in the Salt
cid Aldob ANAl NuPon ING A1lu-
west Refining company and allied in
r~terests for tho transportation of their
oil.
assumed the attitude that 1t is not a
common carrier under the provisions
of constitution. and that it is not
a public utility under the provisions
OF Chapter 351. Public Utilities, wyo-
rhine CnrnnfIaA Ct1tatar co. T00o a
The Midwest Refining has
assumed the attitude hat 1t cannot be
compelled. either rs n common carrier
or as a public utility corporation, to
transport oil which is not owned or
controlled by Tho Midwest Refining
company. from the Salt Creek field to
Casper.
Competition is necessary In the oil
industry in this state.
Competition cannot be created In
connection with tho Salt Creek oil
fields unless The Midwest Refining
company is compelled to recognize its
obligations as a common carrier and
as a public utility corporation under
tho laws OF this gtate.
I If the Attorney General Of this
state rendered an opinion to the eff
feet that Chapter 351. Public Utilities.
Wyoming Compiled Statutes for 1920,
is not applicable to the oil carrying
pipelines OF The Midwest Refining com
'pany. owned or controlled by that com.
pany; If Chapter 351 Public Utilities,
Wyoming Compiled Statutes for 1920.
is not controlling over the operation
of the oil carrying pipelines owned or
controlled by The Midwest Refining
company extending from Salt Greek
ito Casper; II there is no provision In
our law whereby the mandate of Sec.
ton Z Of Article 10 Of the constitution
of tho state OF Wyoming. declaring
that corporations engaged in the trans
Iportation Of mineral oils are common
carriers. can be enforced-then the
duty rests upon the chief executive
and legislature of this state TO SEQ thai
laws arc enacted whereby section Z
! OF Article 10 of the constitution of this
state viii be an effective law OF the
state.
Section % of the Act of Congress of