Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1937-01-30

quired Of 1t. and fix their compensation
provided, however, that total expenditures
shall be governed by the provisions Of
section The chief supervisor shall have
had az least ten years experience In the
drilhng and production OF crude pet
roleum and natural gas. and shall per
form any acts or duties relating TO the
office OF the commission which said COM
mission may impose upon him. and he
shall take and file the constitutional oath
Of office before entering the performance
OF his duties and be shah give a bond
In such sum as the commission may
determine. and may be removed hy the
commission at any time at its pleasure.
! The secretary shall keep full and correct
minutes OF the transactions and pro-
ceedings OF said commission and be the
custodian Of its records and files and
preserve az the office OF the commission
all books. maps, and other documents
entrusted TO his care, all OF which shall
be open for inspection to the public
during the regular hours Of office The
ahnhRister oAths and perform such other
duties as may be required of him.
Hearings
Section H. Upon complaint Of the com
mission. or upon the verified complaint
Of any producer Of crude petroleum in
this state. wherein Il shall prima face
appear that waste Of crude petrolr um or
natural gas Is being committed In this
state. or that any rule. regulation or order
Of the commission is being violated It
shall hold q hearing IN each Of the
taunties in which b Is alleged that such
waste Is being committed. or thai siN
violation Is occurring. TO determine
Sc bother or not such. or any waste or
violation is being committed. At least
FIVE tll DAYS prior TO the date ~ said
hearing the commission shall cause notice
of the time and place OF said hearing
"a be published in newspaper OF gen
oral Ufrrp1aft0m nrtnffsI and nmifffENan in
each county In which IL Is ALLEGED that
waste is being committed, or that such
rule. regulation. or order Is being yio-
lated, or notice Of said hearing may be
given lay posting for at least five 90
days before such hearing in at least
three 90 conspicuous places In each
field or locality In which Il Is alleged
that such waste or violation Is being
committed; provided. however that In
lien Of notice by posting or by publ
cation, personal service OF such notice
upon any person. firm or corporation,
respondent or defendant at least five
days prior to the date Of said hearing
shall he sufficient notice Of such hearing
t. such person. firm. or corporation.
each member Of the commission and each
representative Of such commission ap.
pointed and designated may make inves-
legations. conduct hearings and take tes-
tlmony at any hearing provided for here
in. and shall have power to administer
oatis take affdavites and issue sub
pOenRs for the attendance OF witnesses
at such hearing.
section IS. IT, upon the hearing
the commission finds that waste Is being
committed or that any rule. regulation, I
or order of the commission, in regard 10
the production. transportation, marketing
or storage Of crude petroleum, is being
violated, IL shall enter Its order or
orders requiring the person. firm. or cor
poratiOn found to be committing such 4
waste or violating such rule. regulation /
or order Ia desist from the same with +
In eUah tina and fhn NUaeffipfl &
IN such order. or orders.
Section 1G II any person. firm. cor
poration, or syndicate shall violate or
fall 70 comply with any order of the
commission may brisg an action
by complaint In equity In the name OF
the state Of Montana against such per
son, firm. corporation or syndicate in
any Of the property covered or effected
by such order is situated or in any
county where such violation Is alleged
to have occurred to restrain the com
with any such order
There may he Joined In the same pro
reeding any number of defendants alleged n
10 he violating the same order. although
their properties asd interests may he
severally owned may be situated in
several counties and their actual viola
lions OF the Order may be separate and
distinct In such action the court may
~
from violating said order or may find
10 what extent violation has been com
mitted and enter Judgment accordingly.
In the event the order is determined to
be invalid the court may dismiss said
action without prejudice TO the right
and Jurisdiction TO conduct further
hearings and make a new order in the
premises by giving notice thereof as In
his act provided.
Section IL All money collected under
he provisions Of this act shall be
deposited by the commission in a special
und TO be known as the Petroleum
aid fund shall he used for the purpose
4 paying all expenses OF said commits .
ion and for no other purpose upon
prOrer claim, voucher. warrant and n
lrOpriation All accounts and expendi- q
ures Of said commission shall be certi-
led by the said commission, approved Il
" the hoard 0f examiners. and paid 4
" the state treasurer upon warrants
rawn by the state auditor out of the
petroleum commission fund.
Section IS. Each person, firm. CO.
corporation, or syndicate
ghO fails, neglects refuses to make
ct in the manner and within the time
equired, or shall wilfully make any
alse statement with reference to It's.
r his, business or shall willfu1ly violate
ny order Of said commission shall be
eemed guilty OF a misdemeanor. and IN
n conviction thereof. shall he fined in
II amount not exceeding one thousand
s1.000O0l dollars. or punished by i'm
risOnnent in the county jail for not TO
xceed six tG) months. or by both such
ne and imprisonment. and in case OF a :
DrpOration such punishment may also
lclude forfeiture OF It's authorization to 4
'ansact business within the state Of q
Ontana.
Section 10. The funds now reposfng in
le "oil conservation board fund" are
arehy transferred to the credit and use
the Petroleum Commission Of the
ate OF Montana, together with the
reservation board and the pertinent #
les and records Of the Board Of Rail
ad Commissioners or the state Of 81
ontana.
Section 20 Nothing herein contained M
all be construed to derOgate any powers #
the board Of 7aiIrOad commissioners
the state Of Montana or the public s.
rvice commission Of the state Of Mon s.