lindsley
natural
carbonic
gas
argued
decided
march
bill
equity
exhibited
circuit
appellant
owner
holder
capital
stock
bonds
natural
carbonic
gas
company
sought
decree
enjoining
company
obeying
defendants
enforcing
statute
state
new
york
approved
may
entitled
act
protection
natural
mineral
springs
state
prevent
waste
impairment
natural
mineral
waters
containing
among
others
provision
otherwise
drawing
artificial
appliance
well
made
boring
drilling
rock
class
mineral
waters
holding
solution
natural
mineral
salts
excess
carbonic
acid
gas
pumping
artificial
contrivance
whatsoever
manner
producing
unnatural
flow
carbonic
acid
gas
issuing
contained
well
made
boring
drilling
rock
purpose
tracting
collecting
compressing
liquifying
vending
gas
commodity
otherwise
connection
mineral
water
mineral
ingredients
associated
hereby
declared
unlawful
laws
vol
chap
addition
properly
may
passed
without
special
mention
bill
alleges
gas
company
owns
acres
lands
saratoga
springs
new
york
contain
mineral
waters
class
specified
statute
waters
percolating
waters
naturally
flowing
upon
surface
reached
lifted
surface
means
pumps
artificial
appliances
gas
company
engaged
collecting
natural
carbonic
acid
gas
waters
compressing
selling
gas
separate
commodity
business
come
large
lucrative
necessary
incident
successful
prosecution
gas
company
sunk
upon
land
wells
great
depth
made
boring
drilling
underlying
rock
fitted
wells
tubing
seals
pumps
whereby
lifts
waters
gas
contained
therein
surface
pumps
exercise
force
compulsion
upon
waters
adjoining
lands
lift
surface
waters
flow
reason
laws
nature
wells
waters
lifted
surface
excess
carbonic
acid
gas
therein
naturally
escapes
caught
compressed
preparatory
sale
none
thereof
wasted
process
employed
increase
natural
separation
excess
gas
waters
many
landowners
saratoga
springs
like
wells
operated
like
way
like
purpose
also
alleged
gas
company
bottles
sells
drinking
purposes
use
invalids
others
mineral
waters
pumped
wells
market
demand
allegation
extent
market
demand
conceded
argument
large
proportion
waters
pumped
company
wells
used
suffered
run
waste
terms
bill
predicates
right
relief
sought
upon
claim
state
statute
deprives
appellant
others
property
without
due
process
law
denies
equal
protection
laws
therefore
violative
amendment
constitution
circuit
defendants
gas
company
demurred
bill
demurrers
sustained
fed
decree
dismissing
bill
entered
whereupon
appeal
prayed
allowed
guthrie
plante
edgar
brackett
robert
morris
alton
parker
appellant
nash
rockwood
charles
lester
edward
appellees
statement
justice
van
devanter
justice
van
devanter
made
foregoing
statement
delivered
opinion
statute
whose
enforcement
suit
directed
contains
several
restrictive
provisions
less
directly
connected
purpose
suggested
title
concerned
one
set
forth
appeals
state
pronounced
others
invalid
counsel
treated
thereby
eliminated
statute
present
consideration
coming
provision
question
necessary
inquire
construction
put
upon
highest
state
construction
must
accepted
courts
regarded
part
provision
called
upon
determine
whether
violates
right
secured
federal
constitution
weightman
clark
ed
morley
lake
shore
ed
sup
olsen
smith
ed
sup
appeals
state
statute
hathorn
natural
carbonic
gas
ann
cas
people
new
york
carbonic
acid
gas
elaborate
opinions
rendered
disclose
regard
title
act
doctrine
correlative
rights
percolating
waters
prevails
state
recognized
forbell
new
york
construed
provision
prohibiting
specified
acts
absolutely
unqualifiedly
mineral
waters
drawn
source
supply
confined
lands
actor
extending
lands
others
draft
made
upon
source
supply
unreasonable
wasteful
considering
coequal
right
surface
owners
draw
upon
words
processes
interpretation
approval
read
provision
exception
qualification
making
inapplicable
waters
drawn
common
source
supply
also
drawn
source
injury
done
thereby
others
like
right
resort
interpreted
statute
presupposes
existence
porous
rock
beneath
lands
several
prietors
supply
mineral
waters
class
specified
right
proprietor
penetrate
underlying
rock
natural
reservoir
draw
upon
supply
therein
practice
tendency
part
proprietors
exercise
right
manner
purpose
specified
boring
drilling
wells
rock
pumping
artifically
drawing
waters
purpose
collecting
vending
gas
separate
commodity
make
excessive
wasteful
drafts
upon
common
supply
injury
impairment
rights
proprietors
thus
presupposed
treated
several
decisions
courts
state
public
papers
actual
existence
widely
recognized
prevent
avoid
injury
waste
suggested
statute
adopted
first
type
one
principle
quite
like
considered
ohio
oil
indiana
ed
sup
mor
min
oil
gas
commingled
form
contained
stratum
porous
rock
underlying
lands
many
owners
fluids
inclined
shift
common
reservoir
obedience
natural
laws
one
surface
owner
excessively
wastefully
exercise
right
tapping
reservoir
drawing
contents
without
injuriously
affecting
like
right
others
oil
gas
value
greater
value
attached
oil
surface
owners
whose
wells
tapped
common
reservoir
brought
surface
oil
gas
collected
used
oil
suffered
gas
disperse
air
kindred
practices
resulted
adoption
statute
declaring
unlawful
validity
statute
called
question
objections
urged
much
pressed
upon
attention
upon
full
consideration
overruled
commenting
upon
peculiar
attributes
oil
gas
cause
excepted
principles
generally
applied
minerals
fixed
situs
also
upon
prevailing
rule
surface
owner
oil
gas
area
exclusive
right
land
seek
oil
gas
reservoir
beneath
fixed
certain
ownership
reduces
actual
possession
said
meaning
surface
owners
absolutely
deprived
right
belongs
without
taking
private
property
coequal
right
take
common
source
supply
two
substances
nature
things
though
separate
follows
essence
right
situation
things
exerted
use
one
power
seek
convert
part
common
fund
actual
possession
may
result
undue
proportion
attributed
one
possessors
right
detriment
others
waste
one
annihilation
rights
remainder
hence
legislative
power
peculiar
nature
right
objects
upon
exerted
manifested
purpose
protecting
collective
owners
securing
distribution
arise
enjoyment
privilege
reduce
possession
reach
like
end
preventing
waste
viewed
statute
protect
prevent
waste
common
property
surface
owners
law
attacked
asserted
devested
private
property
without
due
compensation
substance
statute
protecting
private
property
preventing
taken
one
common
owners
without
regard
enjoyment
others
taking
subordinate
contentions
advanced
support
principal
one
also
said
argued
gas
lowed
disperse
air
serves
purpose
forcing
oil
therefore
wasted
hence
subject
regulation
second
answer
averred
defendant
situated
able
use
dispose
gas
comes
surface
oil
follows
gas
must
either
stored
dispersed
air
answer
asserted
gas
stored
used
back
pressure
pump
arresting
movement
least
greatly
diminish
capacity
hence
said
law
making
unlawful
allow
gas
escape
made
practically
impossible
profitably
extract
oil
oil
taken
profit
one
made
use
gas
therefore
must
allowed
waste
gas
atmosphere
thus
destroy
interest
common
owners
reservoir
gas
contentions
state
different
form
matters
already
disposed
really
go
power
make
regulations
wisdom
lawful
discretion
legislature
state
may
interfere
statute
assailed
work
deprivation
property
without
due
process
law
difficult
perceive
deprivation
present
case
mineral
waters
carbonic
acid
gas
exist
commingled
state
underlying
rock
neither
drawn
without
value
commingled
form
also
separated
greater
demand
gas
alone
influenced
demand
surface
owners
wells
bored
drilled
rock
engage
extensive
pumping
operations
purpose
collecting
gas
vending
separate
commodity
uusually
done
undue
proportion
commingled
waters
gas
taken
common
supply
large
larger
portion
waters
gas
lected
permitted
run
waste
thus
pumping
operations
generally
result
unreasonable
wasteful
depletion
common
supply
corresponding
injury
others
equally
entitled
resort
correct
evil
statute
adopted
remedy
applies
enforced
discontinuance
excessive
wasteful
features
pumping
take
surface
owner
right
tap
underlying
rock
draw
common
supply
consistently
continued
existence
right
regulates
exercise
reasonably
conserve
interests
possess
state
consistently
due
process
law
may
necessary
conclusion
decision
case
cited
question
open
one
still
solve
way
overlook
statement
appellant
brief
mineral
waters
reached
gas
company
wells
exist
underground
reservoir
come
common
source
give
effect
contrary
courts
state
apparently
regard
real
situation
saratoga
springs
without
support
present
record
bill
alleges
waters
percolating
waters
naturally
flowing
upon
surface
description
inconsistent
existence
natural
reservoir
porous
rock
underlying
lands
several
owners
besides
accepted
true
constitute
common
source
supply
one
surface
owners
equal
right
resort
held
gas
company
acts
within
prohibition
statute
construed
appeals
state
therefore
appellant
owner
holder
capital
stock
bonds
company
harmed
statute
entitled
draw
question
test
validity
clark
kansas
city
ed
sup
tyler
registration
ct
judges
ed
sup
turpin
lemon
ed
sup
new
york
ex
rel
hatch
reardon
ed
sup
ann
cas
neither
overlook
allegation
bill
gas
company
pumps
exert
force
upon
waters
adjoining
lands
lift
surface
waters
flow
reason
laws
nature
wells
regard
little
importance
wells
reach
common
source
supply
excessive
wasteful
pumping
may
affect
injuriously
rights
surface
owners
although
force
exerted
pumps
reach
lands
statute
directed
pumping
wells
bored
drilled
rock
pumping
wells
penetrating
rock
directed
pumping
purpose
collecting
gas
vending
apart
waters
pumping
purposes
contention
made
arbitrary
classification
consequently
denies
equal
protection
laws
affects
rules
contention
must
tested
shown
repeated
decisions
clause
amendment
take
state
power
classify
adoption
police
laws
admits
exercise
wide
scope
discretion
regard
avoids
done
without
reasonable
basis
therefore
purely
arbitrary
classification
reasonable
basis
offend
clause
merely
made
mathematical
nicety
practice
results
inequality
classification
law
called
question
state
facts
reasonably
conceived
sustain
existence
state
facts
time
law
enacted
must
assumed
one
assails
classification
law
must
carry
burden
showing
rest
upon
reasonable
basis
essentially
arbitrary
bachtel
wilson
ed
sup
louisville
melton
ed
sup
ozan
lumber
union
county
nat
bank
ed
sup
munn
illinois
ed
henderson
bridge
henderson
ed
sup
unfortunately
allegations
bill
shed
little
light
upon
classification
question
indicate
pumping
wells
penetrating
rock
appreciably
affects
common
supply
therein
calculated
result
injury
rights
others
neither
indicate
pumping
done
purposes
collecting
vending
gas
apart
waters
excessive
wasteful
otherwise
operates
impair
rights
others
words
aught
appears
bill
classification
may
rest
upon
substantial
difference
pumping
wells
penetrating
rock
pumping
penetrating
pumping
purpose
collecting
vending
gas
apart
waters
pumping
purposes
difference
may
afford
reasonable
basis
classification
thus
criticizing
bill
mean
allegations
alone
considered
due
regard
also
must
within
range
common
knowledge
otherwise
plainly
subject
judicial
notice
brown
piper
ed
brown
spilman
ed
sup
new
mexico
ex
rel
mclean
denver
ed
sup
illinois
ex
rel
mcnichols
pease
ed
sup
rest
criticism
upon
fact
bill
silent
respect
matters
although
essential
success
present
contention
neither
within
range
common
knowledge
otherwise
plainly
subject
judicial
notice
applying
rule
one
assails
classification
law
must
carry
burden
showing
arbitrary
properly
might
dismiss
contention
without
saying
may
well
mention
considerations
make
result
statements
made
briefs
counsel
oral
argument
infer
wells
penetrating
rock
reach
waters
escape
naturally
therefrom
breaks
fissures
well
may
doubted
pumping
wells
anything
like
indeed
common
supply
upon
rights
others
pumping
wells
take
waters
within
rock
exist
great
hydrostatic
pressure
respects
discrimination
made
pumping
purpose
collecting
vending
gas
apart
waters
pumping
purposes
said
greater
demand
gas
alone
value
attaches
consequence
demand
furnish
greater
incentive
exercising
common
right
excessively
wastefully
pumping
purpose
prescribed
purposes
suggestion
becomes
stronger
reflected
proportion
gas
commingled
fluids
exist
rock
small
obtain
given
quantity
gas
involves
taking
enormously
greater
quantity
water
satisfy
appreciably
demand
gas
alone
involves
great
waste
water
collected
thus
well
may
actual
practice
pumping
excessive
wasteful
save
done
purpose
prescribed
considerations
point
less
persuasive
force
substantial
difference
point
harmful
results
pumping
wells
penetrating
rock
pumping
penetrating
pumping
purpose
collecting
vending
gas
apart
waters
pumping
purposes
difference
justifies
classification
plainly
police
law
may
confined
occasion
existence
said
carroll
greenwich
ins
ed
sup
evil
specially
experienced
particular
branch
business
constitution
embodies
prohibition
laws
confined
evil
doctrinaire
requirement
couched
terms
conclusion
upon
point
suffices
say
case
presented
instead
plainly
disclosing
classification
arbitrary
tends
produce
belief
rests
upon
reasonable
basis
another
objection
urged
statute
arises
ruling
appeals
state
effect
proceedings
enforcement
statute
one
purpose
collecting
vending
gas
separate
commodity
engages
pumping
waters
wells
bored
drilled
rock
prima
facie
within
prohibition
statute
must
take
burden
showing
comes
within
exception
qualification
mentioned
whereby
statute
made
inapplicable
waters
drawn
common
source
supply
also
drawn
source
injury
done
thereby
others
right
resort
ruling
treated
read
statute
insisted
latter
impinges
upon
guaranties
due
process
law
equal
protection
laws
think
insistence
untenable
reasons
state
possesses
general
power
prescribe
evidence
shall
received
effect
shall
given
courts
may
exert
power
providing
proof
particular
fact
several
taken
collectively
shall
prima
facie
evidence
another
fact
many
exertions
power
shown
legislation
several
validity
present
objection
uniformly
recognized
save
found
merely
arbitrary
mandates
discriminate
invidiously
different
persons
substantially
situation
bailey
alabama
ed
sup
board
excise
merchant
validity
statute
brought
question
recent
case
mobile
turnispeed
ed
sup
said
legislative
presumption
one
fact
evidence
another
may
constitute
denial
due
process
law
denial
equal
protection
law
essential
shall
rational
connection
fact
proved
ultimate
fact
presumed
inference
one
fact
proof
another
shall
unreasonable
purely
arbitrary
mandate
also
must
guise
regulating
presentation
evidence
operate
preclude
party
right
present
defense
main
fact
thus
presumed
legislative
provision
unreasonable
prescribing
rule
evidence
either
criminal
civil
cases
shut
party
affected
reasonable
opportunity
submit
jury
defense
facts
bearing
upon
issue
ground
holding
due
process
law
denied
statute
us
affected
ruling
mentioned
makes
proof
certain
designated
facts
prima
facie
conclusive
evidence
common
source
waters
injurious
effect
pumping
say
setablishes
rebuttable
presumption
neither
prevents
presentation
evidence
overcome
cuts
right
make
full
defense
respects
source
waters
presumption
appropriately
may
regarded
prompted
fact
well
recognized
pervious
rock
waters
exist
usually
extent
reach
much
beyond
lands
single
proprietor
constitute
common
source
supply
respects
effect
pumping
presumption
appropriately
may
regarded
prompted
fact
stated
pumping
common
supply
rock
purpose
collecting
vending
gas
separate
commodity
usually
carried
manner
calculated
affect
injuriously
affect
rights
others
take
supply
regarding
presumption
prompted
considerations
think
done
said
rational
connection
designated
facts
must
proved
facts
presumed
therefrom
contrary
shown
said
upon
subject
classification
sufficiently
answers
suggestion
claim
reason
presumption
statute
discriminates
invidiously
different
persons
substantially
situation
reasons
none
objections
urged
statute
sustained
decree
dismissing
bill
affirmed