, 1921-10-13
Attorney George E. Brimmer Issued
Statement Showing that the Oil Mon
opoIy Created in This State by the
Midwest can be Controlled Through
Provision of State Constitution

pirate proceeding in the United
states District Court for the district
IN which the property, or some mart
thereof, is located, whenever the
lessee fails to comply with any of the
provisions Of this act. of the lease.
or OF the general regulations promul-
gated under this act and in force at
the date of the lease; and the lease
may provide for resort to appropriate
methods for the settlement of dis
putes or for remedies for breach of
specified conditions thereof"
Following the provisions of Sec
ton 81 Of the oil and gas act, the
lease utilized by the Department of
the Interior upon oil and gas lands
provides:
Sec. 6. Judicial proceedings in
case OF default.-If the lessee shall
TAIL to comply with the provisions of
The act, or make default in the per-
formance or observance of any of the
terms, covenants and st~ipulations
hereof. or OF the general regulations
promulgated and in force at the date
hereof. and such defult shall con-
tinue after service of written notice
notice thereof by the lessor, then the
lessor may institute appropriate
judicial proceedings for the forfeiture
and cancellation of this lease, in ac-
cordance with the provisions Of Sec
ton 81 Of said act: but this provi-
sion shall not be construed to pre-
vent ~theNexercise by the lessor of any
legal or. equfta BILE remedy which the
lessor might otherwise have.s ~
The legislature, If convened in
specia! session forsthe purpose of in
vestigating corporate abuses and
misuses Of privileges in this state,
would in the ordinary course of
events. appoint a Special ~Investigat-
ing Committee. The committee
would then pnoceed to utilize the full
power Of the state for the purpose OF
ascertaining the facts.
Should the evidence produced be-
fore the Investigating Committee
show conclusively the existence of a
monopoly. and the misuse OF corpor-
ate privileges. then the legislature
should not only take action referred
to in my statement published in the
Wyoming State Tribune under the
date OF October 9th. but it should
also adopt a resolution which would
set forth:
1. The text Of the call issued by
the governor for the special session.
q. The preliminary action taken
by the legislature.
3. The findings of the Investigat-
ing Committee of the legislature.
4. The final action taken by the
legislature itself upon the findings
OF its special Investigating Commit
tee.
5. A request to the Department
OF the Interior to proceed under the
provisions of Section 81 OF the Act of
Congress Of February 25, 1920, in
the United States District court for
the district Of Wyoming, for the pur-
pose of having declared forfeited and
cancelled all oil and gas leases issued
to corporations which have violated
the laws of Wyoming by misusing
privileges granted to them. or, and
assisted knowingly in the creation Of
a monopoly.
There is no question but that If
'the sovereign State of Wyoming, one
Of the constituent parts OF the United
States, should formally find that any
corporation holding lands in Wyo-
ming under the provisions Of the oil
leasing act. has aided in the creation
Of a monopoly in the State OF Wyo-
ming. or has misused its corporate
privileges in the State of Wyoming
and II the State of Wyoming should
formally. through its legislature con-
vened in special session, adopt a
resolution requesting the Depart
ment Of the Interior of the United
States to take appropriate legal pro-
ceedinKs for the purpose of cancell-
ing all oil and gas leases issued by
the Federal Government to the Of
Tending corporations-the authority
and standing of the requesting
party the sovereign State Of Wyo-
ming would be so eminent that the
Federal Government, through it's De-
partment OF the Interior and its At
torney General. would forthwith
commence the necessary proceedings
for the purpose Of having all such
leases declared forfeited and cam
celled.
We must realize fully that in every
corporation there are innocent stock
holders who do not take part In the
actual control Of the corporation.
All management Of a corporation
must rest In Its Board Of Directors
and Its officers. They are the legal
representatives of the stockholders,
as we'll ~ Of the corporation itself.
They are the Agents Of the corpora
ton. and the corporation and it,
stockholders must sun full re-
sp%onsibility for all action taken By
the Agents.
The method Of procedure for q
special convened session Of the Wyo-
ming State Legislature, u allow
suggested, would b dfsstic In III
nature, and should be resortsA 70
only In the event OF the failure Of