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Moore on Facts and the
Weight of Evidence.

A GREAT WORK OCCUPYING A NEW FIELD
INDISPENSABLE to the CASE WINNER

A WORK THAT WILL NEVER GROW OLD

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On the east side of Oklahoma, such noted and able lawyers as George S. Ramsey and DeRoos Bailey give it the highest praise. Phone them if you desire their opinion further before adding the best case winner to your equipment. 2 volumes, Price, $12 Address D. H. Fernandes, Guthrie, Okla.

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Address: D. H. Fernandes, Guthrie, Okla.

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THE

OKLAHOMA

LAW JOURNAL

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, Oklahoma.

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AN ACT defining ownership of natural gas, providing for the taking of same and making it larceny to take natural gas except as herein provided.

Ee It Enacted By the Reople of the State of Oklahoma:

Cwnership defined.

Section 1. All natural gas under the surface of any land in this state is hereby declared to be and is the property of the owners, or gas lessees, of the surface under which gas is located in its original state.

Rights of owners-restrictions on output.

Section 2. Any owner, or oil and gas lessee, of the surface, having the right to drill for gas shall have the right to sink a well to the natural gas underneath the same and to take gas therefrom until the gas under such surface is exhausted. In case other parties, having the right to drill into the common reservoir of gas, drill a well or wells into the same, then the amount of gas cach owner may take therefrom shall be proportionate to the natural flow of his well or wells to the natural flow of the well or wells of such other owners of the same common source of supply of gas, such natural flow to be determined by any standard measurement at

the beginning of each calendar month; provided, that not more than twenty-five per cent of the natural flow of any well shall be taken, unless for good cause shown, and upon notice and hearing the Corporation Commission may, by proper order, permit the taking of a greater amount. The drilling of a gas well or wells by any owner or lessee of the surface shall be regarded as reducing to possession his share of such gas as is shown by his well.

Purchasers of output-prices and amounts of cas to be taken.

Section 3. Any person, firm or corporation, taking gas from a gas field, except for purposes of developing a gas or oil field, and operating oil wells, and for the purpose of his own domestic use, shall take ratably from cach owner of the gas in proportion to his interest in said gas, upon such terms as may be agreed upon between said owners and the party taking such, or in case they cannot agree at such a price and upon such terms as may be fixed by the Corporation Commission after notice and hearing; provided, that each owner shall be required to deliver his gas to a common point of delivery on or adjacent to the surface overlying such gas. Taking more than share of gas-damages and penalties.

Section 4. Any person, firm or corporation, taking more than his or its proportionate share of such gas, in violation of the provisions of this act, shall be liable to any adjoining well owner for all damages sustained thereby and subject to a penalty for cach violation not to exceed five hundred dollars ($500.00), and each day such violation is continued shall be a separate offense. Violations of act-punishment.

Section 5. Any person or agent of a corporation, who takes gas, or aids or abets in the taking of gas. except as herein provided, either directly or indirectly, as an individual, officer, agent, or employee of any corporation, shall be guilty of grand larceny, and, upon conviction thereof, shall be sentenced to the penitentiary not to exceed five (5) years.

Approved May 16, 1913.

CURRENT DECISIONS OF

THE SUPREME COURT OF THE STATE OF
OKLAHOMA.

CHICAGO ROCK ISLAND & P. Ry. Co. Pl'ff. in Error

VS.

CHAS. G. WRIGHT, Defendant in Error.

(Rendered August 6th, 1913.)

No. 2709.

Error from District Court of Pottawatomie County.

Hon. Roy Hoffman, trial Judge.

Affirmed

1. It is a non- delegable duty owing by the employer to the employe, to provide the latter with reasonably safe machinery, tools and appliances with which to do his work, and a reasonably safe place in which to work, taking into consideration the nature and character of the work to be performed, and the dangers and hazards ordinarily arising therefrom.

2. Equally important with the duty of furnishing reasonably safe appliances and places to work, in the first instance, is that of maintaining them in such condition, and making all necessary repairs thereto, for such duty is a continuing one, rendering the employer liable for negligence for failure so to do, he being held to the exercise of a reasonable diligence in this respect.

3. Where a defective step, by means of which an engineer was accustomed to mount and descend from a railway engine, was twice reported as in need of repairs: and where there was at hand ample opportunity for the making the repairs, and which would have required but few minutes actual time; and where on the day following the making of the second report, the engine, partially repaired, was furnished the engineer for use; and where at the time he was informed by the hostler delivering the engine, that it was all O. K., and sufficient means and opportunity were not furnished the engineer to make a thorough inspection thereof on his own account; and

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