The Republican. [volume] (Oakland, Md.) 1877-current, 1954-04-01
Judge Says Board
Lacks Authority
On Gas Well Law

A Baltimore Circuit Court Judge
ruled last week that the Garrett
County Board of Commissioners
does not have constitutional author
ity to disregard a state law regu-
lating spacing of natural gas wells.
William A. Gunter, William J.
Gunter and William II. Geppert, of
Allegany county, represented Or
Vile Eberly, Robert Z. Eberly and
William f. Snee, Uniontown oil
drillers. The County Commissions
ers here said they were not noti-
fled Of any hearing and were not
represented
The drillers had asked the court
through their attorneys to declare
unconstitutional the amendment to
the state gas we'll law that author
lied the County Commissioners of
Garrett county to accept or reject
regulations of the State Depart
mcnt Of Geology, Mines and Water
Resources.
Sncc and the two Eberlys, Of
the Uniontown firm, claimed they
lost money in their operations
around Accident because the COM
missioners rejected state regula-
tions on drilling space control.
In urging passage of the regula-
tions set up in the law before the
General Assembly of 1858, DR.. Jo-
seph T. Singewald, Jr., director of
the state geology department called
drilling of 80 gas wells around Mt.
Lake Park in 1851 and 1852 a
shameful record of wasteful eX-
ploitation and financial loss" He
estimated it cost $2,7OO,O0O to drill
the 90 wells, of which only Al
produced about 81 100000 worth of
gas.
After the law was passed, the
board Of Geology Mines and Water
Resources made space require
ments as one we'll for every GOO
acres which the Board of County
Commissioners did not approve.
I his was later dropped to 300 acres.
Snee and Eberly claimed that the
County Commissioners would not
approve this spacing and refused
to issue any permits, holding up
drilling for over year The Gar
rctt County delegation said that
SingcwaId had refused to issue any
permits for drilling after the Com
missioners had rejected the 600
acre spacing regulation.
Judge T. Paul Mason, in his
opinion stated; The amendment
gave power to the County Commits
sionels to disapprove any of the
rules promulgated by the depart
ment, which in effect gave them
an absolute control over the entire
subject matter without any condi-
tional restrictions or guides by
which such controls should be eXer-
cised" He concluded by SAYING the
amendment is invalid, but the bal
ance of the law, being constitution
al and effective, is saved by the
scverability clause.
During the 1854 session of the
legislature, bill was passed re-
pealing the entire 1858 control law.
This measure is still in the hands
of the Governor who held hear
ing on the bill in his office in Bal
timore on Monday.
Attending that meeting from
this county were Arthur Green,
George Coddington and Harry c.
Edwards, House of Delegates mem
bers; Jonas W. Sines and Stewart
F. Stahl, County Commissioners
N. X. Welch, Clifford Friend and
Allen S. Paugh. Earl Manages, Cum
berland attorney, spoke in behalf
of the local commissioners pointing
out that the suit had been filed in
Baltimore county and not the coun-
ty affected, and that the local peo-
pie had not been notified Of any
hearing.
The governor indicated earlier
that the repeal bill would probably
be signed by him. In the event the
bill is not signed the attorney
general, Edward d. f. Rollins indi-
Gated he would probably take Judge
Mason's decision to the Maryland
Court of Appeals.
n IN