burford sun oil argued decided may rehearing denied june see james hart ed roy simmons austin burford et al rauhut austin sun oil et al justice black delivered opinion proceeding brought federal district sun oil attacked validity order texas railroad commission granting petitioner burford permit drill four wells small plot land east texas oil field jurisdiction federal invoked diversity citizenship parties companies contention order denied due process law argument action state commission federal since appeal state taken relevant texas statutes course texas legislature may make federal district original jurisdiction appellate tribunal otherwise expand circuit appeals decision correctly viewed simple proceeding equity enjoin enforcement commission order although federal equity jurisdiction particular proceeding may sound discretion whether jurisdiction invoked ground versity citizenship otherwise enforce protect legal rights exercise may prejudicial public interest public interest federal courts equity exercise discretionary power proper regard rightful independence state governments carrying domestic policy many questions argued find necessary decide one assuming federal district jurisdiction matter sound equitable discretion declined exercise jurisdiction order consideration part general regulatory system devised conservation oil gas texas aspect thorny problem challenged ingenuity wisdom legislatures railroad commission rowan nichols oil east texas field burford tract located one largest approximately forty miles long five nine miles wide wells drilled oil exists pores crevices rocks sand moves channels large area sort called pool reservoir east texas field giant pool chief forces causing oil move gas water essential pressures maintained level force oil wells surface gas pressure dissipated becomes necessary put well pump great expense sooner gas field exhausted oil irretrievably lost since oil moves entire field one operator draw oil surface area also advantageously located drain oil distant parts reservoir practice attempting drain oil surface holdings others leads offset wells wasteful practices problem increased fact surface rights split many small tracts approximately nine hundred operators east texas field alone many reasons based geologic realities oil gas field must regulated unit conservation purposes compare railroad commission rowan nichols oil federal government present least chosen leave principal regulatory responsibility supplement state control question constitutional power state take appropriate action protect industry tect public interest ohio oil indiana champlin refining corporation commission state attempts control flow oil time protect interest many operators time time entangled legal problems novel nature texas interests matter large one conserving gas oil two important natural resources must also weigh impact industry whole economy state must consider revenue much drawn taxes industry mineral lands preserved benefit educational eleemosynary institutions prevent present imminent evils production natural gas statute enacted protection public private interests evils prohibiting waste compelling ratable production primary task attempting adjustment diverse interests delegated railroad commission texas vested discretion administering law commission cooperation oil producing accepted state oil production quotas undertaken translate amount produced state whole specific amount field well judgments made due gard factors full utilization oil supply market demand protection individual operators well protection public interest essential aspect control program state also regulates spacing wells legislature disavowed purpose requiring separately owned properties pool unitized one management control commission must thus work difficult spacing problem due regard whatever rights texas recognizes separate owners share common reservoir time must restrain waste whether excessive production unwise dissipation gas geologic factors cause oil flow since commission attempted solve problem rule rule provides certain minimum spacing wells also allows exceptions necessary prevent waste prevent confiscation property prevention confiscation based premises insofar privileges compatible prevention waste achievement conservation surface owner permitted withdraw oil surface area one else fairly permitted drain oil away hence commission may protect interest either adjusting amount production upward permitting drill additional wells method person entitled recover quantity oil gas substantially equivalent amount recoverable oil gas land additional wells may required prevent waste noticed geologic circumstances require immediate drilling term used oil gas rule undoubtedly means ultimate loss oil substantial amount oil saved drilling well otherwise ultimately lost permit drill well may justified one exceptions provided rule prevent waste gulf land atlantic refining tex delusive simplicity principles exception rule stated obscure actual nonlegal complexities involved application surface holder may subject qualifications noted entitled current texas law oil land absolute certainty much oil actually present railroad comm rowan nichols oil since waste confiscation problems matter physical necessity closely interrelated decision one questions necessarily involves recognition sheer quantity exception cases makes disposition great public importance estimated wells east texas field exist exceptions rule since exception may provoke conflict among interested parties volume litigation arising administration rule considerable instant case arises exception peculiar state represented attorney general cases like involving mere isolated disputes private parties aside general principles may evolve proceedings physical facts additional permit may affect pressure well miles away standards applied commission given case necessarily affect entire state conservation system far importance private interest fact plan regulation well case case manifestations vital interest general public must assured speculative interests individual tract owners put aside necessary prevent irretrievable loss oil parts field commission applying statutory standards course considers rule cases part entire conservation program implications whole economy state full knowledge importance decisions railroad commission state oil operators texas legislature established system thorough judicial review state courts commission orders may appealed state district travis county reviewed branch civil appeals state constitutional power commission enforce rule make exceptions seldom seriously challenged brown humble oil ref tex validity particular orders standpoint statutory interpretation may present serious problem substantial number cases disposed texas courts alone power give definite answers questions state law posed proceedings describing relation texas commission useful purpose served attempting label position legislative prentis atlantic coast line keller potomac elec judicial bacon rutland railroad say texas courts working partners railroad commission business creating regulatory system oil industry commission charged principal responsibility fact finding policy making courts expressly disclaim administrative responsibility gulf land atlantic refining tex hand orders commission tested trial de novo railroad commission shell oil tex may occasion make careful analysis facts case reversing commission order railroad commission gulf production tex fully much power commission determine particular cases since trial de novo either restrain leaseholder proceeding drill case appropriate restrain commission interfering leaseholder may even formulate new standards commission administrative practice suggest commission adopt thus shell oil case supra page page took responsibility standard guide commission exercise discretion rule cases brown humble oil supra tex explicitly suggested revision rule prevent confusion multiple review general issues legislature provided concentration direct review commission orders state district courts travis county texas courts authoritatively declared purpose restriction order commission lawful face collaterally attacked various courts counties state grounds urged instant case interminable confusion result texas steel fort worth ry tex permit various state courts pass upon commission rules orders lead intolerable confusion district courts state jurisdiction matters different courts equal dignity might reach different conflicting conclusions rule manifestly jurisdictional provision discussion incorporated act express purpose avoiding confusion alpha petroleum terrell et tex time experience say texas courts shown wisdom rule concentration judicial supervision railroad commission orders permits state courts like railroad commission acquire specialized knowledge useful shaping policy regulation demands field present time less ten per cent cases come federal district texas legislature feared might result review many state courts railroad commission orders resulted exercise federal equity jurisdiction practical matter federal courts make small contribution well organized system regulation review texas statutes provide texas courts give fully great relief including temporary restraining orders federal courts delay misunderstanding local law needless federal conflict state policy inevitable product double system review striking example misunderstanding come federal flatly disagreed position later taken state state law see macmillan railroad commission railroad comm macmillan danciger oil refining railroad commission tex cases federal attributed given meaning state statute went heart control program civil appeals disagreed ultimate review either texas legislature amended statutes cases became moot texas civil appeals decision come first unnecessary make changes made effort stay within limit thought governor texas set tone federal opinion texas legislature later changed law back original state clear example waste motion imagined federal called upon constantly determine whether railroad commission acted within scope statutory authority important constitutional issues federal repeatedly said fairly well settled beginning federal decisions state law created constant task texas governor texas legislature railroad commission governor texas noted felt called upon forge oil program light remotest inferences federal opinions one instance thought necessary declare martial law special sessions legislature occupied consideration federal decisions legislation passed cumstances strain doubt created decisions necessarily unsatisfactory railroad commission adjust permutations law seen federal courts recent example connection rowan nichols case commission felt compelled adopt new proration scheme comply demands federal decision reversed came noted federal cases dealt primarily interpretation state law state law fairly remote oil gas problems instant case raised number problems general significance federal try ascertain state law example asked determine whether previous travis county district decision makes case res adjudicata whether another case pending travis county deprived commission jurisdiction consider burford application existence problems throughout oil regulatory field creates possibility serious delay injury conservation program decision railroad commission pullman may necessary stay federal action pending authoritative determination difficult state questions conflict federal courts texas lessened appreciably recent years primarily result decisions rowan nichols case cases assumed principal issue review railroad commission orders whether commission confined within boundaries due process law held special relief provided state statutes must pursued state argued decision texas railroad commission shell oil co tex courts whether federal state required review commission order constitutional validity compliance standard state statute said different constitutional standard due process whole cycle conflict permitted begin acceptance view insofar discretion leave problems texas law state may handled item continuous series adjustments rowan nichols supra page page questions regulation industry state administrative agency whether involving gas oil prorationing programs rule cases clearly involves basic problems texas policy equitable discretion exercised give texas courts first opportunity consider public interests higher claim upon discretion federal chancellor avoidance needless friction state policies cases reflect doctrine abstention appropriate federal system whereby federal courts wise discretion restrain authority regard rightful independence state governments smooth working federal judiciary use equitable powers contribution courts furthering harmonious relation state federal authority without need rigorous congressional restriction powers railroad commission pullman supra state provides unified method formation policy determination cases commission state courts judicial review commission decisions state courts expeditious adequate conflicts interpretation state law dangerous success state policies almost certain result intervention lower federal courts hand state procedure followed commission state ultimate review federal questions fully preserved cf matthews rodgers circumstances sound respect independence state action requires federal equity stay hand decision circuit appeals reversed judgment district dismissing complaint affirmed reasons stated ordered judgment circuit appeals reversed judgment district affirmed justice douglas concurring agree opinion join observations dissenting opinion impel add words issues case framed dissenting opinion frames agree reach merits direct dismissal complaint opinion read hold even fairly imply enforcement state rights created state legislation affecting state policies limited state courts holding result drastic inroad diversity limitation agree might desirable congress make holding cases however goes length decision application principle expressed commonwealth pennsylvania williams courts equity exercise discretionary power proper regard rightful pendence state governments carrying domestic policy case like present one federal diversity citizenship route involved receivership insolvent pennsylvania corporation though federal proceeding first time held federal stay hand turn assets corporation state administrative agency charged state law responsibility supervision liquidation case federal action preempted field excluded assertion state authority cases result federal action potentially much serious terms relations opinion makes plain texas statute governs suits set aside orders railroad commission construed texas courts give supervising courts large measure control administrative process control much greater example control exercised federal circuit courts appeal orders agencies national labor relations board opinion calls railroad commission texas courts partners review texas decisions shows courts may times senior dominant member partnership perform functions texas law places courts sit merely enforce rights based orders state administrative agency sit judgment agency crux matter federal courts undertook sit review speak state administrative agency effect actively participate fashioning state domestic policy interference continuing one opinion points moreover divided authority result divided authority breeds potentially serious obtained commonwealth pennsylvania williams administration affairs insolvent corporation left federal exclusion state administrative agency justice murphy joins opinion justice frankfurter dissenting deny suitor access federal district circumstances case disregard duty enjoined congress made manifest whole history jurisdiction courts based upon diversity citizenship parties assuming law declared contradistinction law declared congress something manipulation words formulate predetermined result judicial law implies least continuity intellectual criteria procedures dealing recurring problems believe wholly accurate say throughout history never questioned right created state law enforceable state courts also enforced federal courts parties controversy citizens different reasons led congress grant jurisdiction federal courts familiar believed consciously otherwise courts state may favor citizens bias outsiders may become embedded judgment state yet sufficiently apparent made basis federal claim avoid possible discriminations sort theory goes citizen state suing sued able go wholly impartial tribunal namely federal sitting state thus basic premise federal jurisdiction based upon diversity parties citizenship federal courts afford remedies coextensive rights created state law enforceable state courts theory diversity jurisdiction whether sound theory whether diversity jurisdiction necessary desirable order avoid possible unfairness state courts state judges juries outsiders whether federal courts relieved burden diversity litigation matters concern judge concern whose business legislate mine speak one long favored entire abolition diversity jurisdiction see cornell et seq must decide case judge legislative reformer aside johnson act may stat many powerful persistent legislative efforts abolish restrict diversity jurisdiction ever since civil war rejected congress legislation designed make inroads upon diversity jurisdiction proposed congress occasion congress deliberately refused act see example recent efforts restrict diversity jurisdiction provoked black white taxicab decision black white taxicab brown yellow taxicab sess sess sess dealing jurisdiction evolved shaped courts rather one explicitly conferred undeviatingly maintained congress limitations upon exercise diversity apart congress made johnson broadly speaking illustrated railroad comm rowan nichols oil amended railroad comm pullman city chicago fieldcrest dairies rowan nichols claim based upon state law derived statute requiring proration basis clear decisions state courts whether courts might exercise independent judgment page pullman also clear whether state law authoritatively defined local courts might displace federal questions raised bill page page controlling state law undefined federal attempting apply law groping utterly matter seasoned judgment district may escape forecast rather determination railroad comm pullman page page equity may waste tentative decision page page pullman fieldcrest dairies cases merely illustrative one phase basic constitutional doctrine substantial constitutional issues adjudicated alternatives open definitive ruling state courts upon questions construction state statutes might terminated controversies cases thus eliminated serious constitutional questions circumstances affirmation denial federal jurisdiction cases district hold bill pending seasonable determination local issues proceeding brought state courts case sort state right sought enforced federal courts depended upon rather determination state law federal practically importent enforce state law inability fathom complexities legal factual local law rule rowan nichols applicable situation line demarcation belongs state administrative body courts drawn federal courts shown circumstances case warranted application doctrine abstention gladly join decision showing attempted believe made let us examine briefly nature rights sought enforced federal courts texas railroad commission issued rule imposing general spacing limitations upon drilling oil wells commission order prevent waste prevent confiscation property grant exceptions general restrictions order railroad commission case granted permit drill well exception rule section article vernon texas annotated civil statutes provides person affected rule regulation order made promulgated commission thereunder may dissatisfied therewith shall right file suit competent jurisdiction travis county texas elsewhere commission members thereof defendants test validity said laws rules regulations orders looking statute one find least two possible sources ambiguity confusion standards courts governed reviewing commission orders statutory limitation courts competent jurisdiction travis county texas preclude review federal district sitting travis county fortunately need longer look words statute questions new presented case first time writing clean slate true texas law governing review commission orders rule always clear certain may parts statute railroad commission rules concerned like legal materials clear might series recent decisions texas given precision concepts property employed rule also defined clarity scope judicial review commission action gulf land atlantic refining tex held term evidently reference depriving owner lessee fair chance recover oil gas land equivalents kind evident word refers principally drainage one exceptions rule well permits may granted prevent law every owner lessee land entitled fair chance recover oil gas land equivalents kind denial fair chance within meaning rule railroad commission texas shell oil tex decided texas march scope judicial review contemplated texas law authoritatively defined texas trials contesting validity order rule regulation administrative agency trial purpose determining whether agency actually heard sufficient evidence support orders whether time order entered agency existed sufficient facts justify whether agency heard sufficient evidence material see also cook drilling gulf oil tex decided day words circuit appeals said case know legal requisites orders regulations railroad commission conservation laws texas whether commission heard evidence immaterial required take testimony make findings fact promulgating orders procedure foreign law texas although customary federal statutes facts existence order made later shown evidence reasonable minds reached conclusion arrived commission agency exceeded power order set aside competent jurisdiction clearly therefore scope judicial review rule case declared texas precisely well defined example scope judicial review federal courts orders interstate commerce commission national labor relations board scope review may different make standards review less definite less susceptible application think doubt constitution laws texas construed decisions state courts courts exercise judicial power cases precisely similar wielded federal courts article iii said therefore considering validity exception allowed texas railroad commission rule federal judges sitting state engaged duties foreign experience abilities judges sit judgment upon legality orders made interstate commerce commission certainly incompetent apply narrowly defined standards law established texas review orders railroad commission come question whether texas manifested desire confine review state courts sitting travis county little history go long way answering question april texas legislature enacted statute creating texas railroad commission section provided suits set aside commission orders brought competent jurisdiction travis county texas acts tex vernon art naturally enough question soon arose whether provision prevented review federal sitting travis county almost fifty years ago came memorable litigation meaning purpose provision thoroughly canvassed reagan farmers loan trust decided may unanimously held may laid general proposition whenever citizen state go courts state defend property illegal acts officers citizen another state may invoke jurisdiction federal courts maintain like defense state tie citizen another state property rights within territory invaded unauthorized acts officers suits redress courts need however rest general powers federal respect act us express authority given suit commission language provision statute significant name suit may brought travis county travis county language differing ordinarily used describe state selected apparently order avoid objection attempt prevent jurisdiction federal courts almost fifty years holding reagan case questioned contrary always taken granted district western district texas competent jurisdiction travis county suitable forum challenge validity orders texas railroad commission one need look tables cases lower federal courts obtain sense solidity exercise jurisdiction section article texas legislation immediately us originally enacted texas legislature might expressly sought restrict judicial proceedings respect commission orders state courts travis county done situations see art vernon revised civil statutes appeal applicant transportation agent license denial application railroad commission art suits heirs claimants escheated lands art appeals revocation suspension authority respect reciprocal insurance art suits recover penalties employers failing report injuries workmen compensation law statutory provisions jurisdiction specifically limited travis county texas state article texas legislature used phrase competent jurisdiction travis county precisely construed reagan case fairly said texas legislature meant exclude federal courts exercising jurisdiction cases case really reduces actual application standards governing judicial review commission orders allowing exceptions rule today authoritatively precisely different result may obtained suit brought federal rather state courts federal judges less competent less fair state judges applying rules binding upon true equally true applied almost types litigation brought federal courts enforce rights explanation may perhaps lie realm sometimes called jurisprudence assessment evidence elements enter judicial judgment federal judge may make judgments different state judge may make federal judges perhaps regarded men trusted judge fairly impartially premise follow federal courts putative bias denied right hear insurance cases cases involving controversies debtors creditors landlords tenants employers employees complicated controversies arising local law essence diversity jurisdiction federal judges juries pass asserted claims result might different decided state may excellent reasons congress abolish diversity jurisdiction deference defensible ground indirection abrogate diversity jurisdiction matter fact congress persistently refused restrict jurisdiction except limited area occupied johnson act congressional premise diversity jurisdiction possibility unfairness outside litigants avoided providing neutral forum federal today effect withdrawing grant jurisdiction order avoid possible unfairness state interests federal courts congress created assure impartiality adjudication destroyed prevent deemed hostility bias adjudication course usual considerations governing exercise equity jurisdiction equally applicable suits federal courts jurisdiction depends upon diversity parties citizenship chancellor certainly must balance equities granting relief stay hand another seized controversy justice claims parties may refuse equitable relief asserted right doubtful substantive law must find declared state late day suggest chancellor may act whimsical purely personal considerations private notions policy regarding particular suit us say litigation affecting state laws state policies tried state courts congress chosen confer diversity jurisdiction upon federal courts us reject congress made law land simply independent conviction legislation unwise isolated case order dismissal litigation record present state texas law merely decide federal travis county texas longer entertain suits brought texas conservation laws holding effect enforcement state rights created state legislation affecting state policies limited state courts means candidly reexamine reagan decision almost half century ago owe lower federal courts example tell case like texas pipe line ware stands case federal entertained suit enforce rights arising state workmen compensation law error federal judge today see also lane wilson perhaps judicial action calls cautious exercise discretion appointment receiver equity especially enterprise administered relates important public interests situation presented commonwealth pennsylvania williams score diversity federal asked assume management pennsylvania building loan association problem whether controversy adjudicated federal rather state whether matter sound judicial administration equity take hold affairs association putting judicial officer charge fact state established administrative system whereby duty supervising building loan associations liquidating adequate procedure insolvent page page entrusted permanent experienced state agency question whether federal abdicate authority favor state rules law govern suit state precisely federal bound apply williams case words application traditional doctrine equity stay hand improvident appointment receiver talk courts partners administrative agencies whenever judicial review administrative action merely another way saying legislative policies enforced partly administrative agencies partly courts see morgan use colloquial expressions hardly obliterate distinction judicial power legislative power whether latter exercised directly legislature indirectly administrative agencies courts texas sit judgment upon railroad commission texas far charged texas law duty ascertaining validity commission action fashioning state domestic policy federal courts participate fashioning transportation policy federal government reviewing orders interstate commerce commission urgent deficiencies act stat therefore unless functions courts heretofore deemed judicial nature even though involve appropriately defined review actions taken administrative agencies deemed administrative nature circumstance right asserted arises controversy originated administrative agency alter either nature power exercised capacity entertain jurisdiction one might choose example describe partner securities exchange commission comptroller currency commissioner internal revenue score administrative bodies validity whose actions frequently comes review characterization role reviewing administrative orders make exercise power less judicial administrative adequate wipe distinction embedded constitutional history practice opinion cuts deep judicial fabric duty judiciary exercise jurisdiction congress conferred today might wholeheartedly approve done congress justify translation circumstance membership opportunity writing private view legislative policy law thereby effacing far greater area diversity jurisdiction senator norris chairman senate judiciary committee ever able persuade congress justice roberts justice reed join dissent chief justice expresses views desirability matter legislative policy retaining diversity jurisdiction respects concurs opinion justice frankfurter footnotes magnolia petroleum permitted intervene similar complaint validity order parties defendant include burford burford assignee oil gas commission hereafter original plaintiffs referred companies defendants referred burford commission case petition certiorari commission certiorari companies description nature see stanolind oil gas midas oil gulf land atlantic refining tex see discussion opinion cf tennessee coal george texas pipe line ware statute similar involved instant case permits suit competent travis county texas construed expression state willingness allow proceedings brought federal reagan farmers loan trust since federal equity jurisdiction depends federal statutes texas statutory provision little meaning applied cases dern commonwealth pennsylvania williams use process federal courts restraint state officials though rights asserted complainants strictly federal origin must reluctance even greater rights strictly local jurisdiction basis accidents residence hawks hamill description east texas field see railroad commission rowan nichols oil tucker today east texas problems analyzed survey field oil gas journal april weber east texas today oil gas journal april latter article includes map area showing various developments field simple outline map see annual report oil gas division texas railroad commission geological factors making necessity pumping described ely conservation oil relation natural gas oil production described miller function natural gas production oil wells east texas field considered unnecessary engineering standpoint said cost discussion superfluous well problem see ely conservation oil supra operators east texas field railroad commission report supra et et seq panama refg ryan note infra problem gaining adequate revenue petroleum industry particularly serious texas period question discussed governor sterling messages legislature governor allred see texas senate journal pp pp vernon texas art description methods regulation oil industry see marshall meyers legal planning petroleum production yale jour marshall meyers legal planning petroleum production two years proration yale ely conservation oil hardwicke legal history conservation oil texas american bar association publication legal history conservation oil gas walker problem small tract spacing regulations appendix summers oil production process texas davis judicial emasculation administrative action texas interstate oil compact commission described publication interstate compact conserve oil gas published signature governor phillips oklahoma federal wartime regulations concerning drilling wells issued petroleum administration war see conservation order amended discussed george washington continued commission described regulatory program follows railroad commission texas carries functions production control proration elaborate system orders schedules reports order keep production oil state period within limits predetermined figure commission sets order maximum allowable production state total allowable distributed among various fields allowable field turn allocated among component properties commission process fixes daily allowable well effective period allowable order calculations made schedule allowables prepared printed mailed operator may know much oil may produced leases month annual report oil gas division texas railroad commission vernon texas art brown humble oil tex principle limitation upon capture surface owner entitled amount oil land oil drain neighbor land rule capture discussed ely supra note believe impossible legislature lay definite standard determined correctly conditions area divided drilling units size shape units performing functions body corporation commission empowered take evidence upon subjects others found scientific investigation research bearing upon securing greatest possible recovery common source supply application principles physics chemistry geology mathematics determine certain calculations intervals space wells located order bring recovery thus prevent waste also protect correlative rights owners interests therein patterson stanolind oil gas okl danciger oil refining railroad commission describes geological phenomena basis rules law dealing leaseholders full utilization tracts might cause waste others continues particular lease well therefore taken unit must considered relation adjacent leases wells view conserving whole subject regulation accordingly well spacing program proration program considered separately two part single integrated system must considered together davis note supra discussion interrelation spacing proration see ely supra note economic consequences granting exceptions rule commission must given fair latitude exercise judgment discretion gulf land atlantic refining tex difficulties decision commission must allowed margin error railroad commission shell oil tex commission dealt approximately sixty rule cases including one one another courts annual report railroad commission texas pp ely supra note estimates wells east texas field operated exception permits commission charged generally conservation oil gas production storage transportation commission must make rules regulations orders accomplish conservation oil gas one things commission must conserve oil gas see oil gas fields drilled orderly scientific manner order accomplish orderly drilling commission simply promulgated rule fixing minimum spacing distances wells may drilled without application notice hearing one desiring drill well lesser distance must secure special permit notice hearing gulf land atlantic refining tex vernon texas art west texas compress panhandle summary litigation annual report oil gas division railroad commission texas et seq message august texas legislature concerning macmillan decision governor sterling said time opinion written knowing legislature session may reasonably assumed thought laws invalid held give legislature opportunity eliminate correct cause invalidity failed justified assuming existing conservation laws valid appeals view decision unwise attempt radical changes existing laws attempt amendment modification retain general structure ideas inject changes invite new attacks upon texas senate journal hardwicke supra note action restrain enforcement state commission order limiting production gas federal said controversy long drawn varying forms different statutes always purpose effect complainants order order drawn enjoined drawn fifth time written texoma natural gas railroad commission texoma natural gas terrell canadian river gas terrell texas panhandle gas thompson consolidated gas utilities corporation thompson summarizing litigation prior federal said single one cases find statute unreasonable invalid single one find orders invalid though complying statute violated constitution cases injunctions issued made clear thought orders entered teeth statutes forbidding commission attempted amazon petroleum corporation railroad commission survey litigious history east texas field see hardwicke davis note supra discussion martial law interlude see sterling constantin hardwicke supra note special session july august session macmillan railroad commission decided noted macmillan case provided special session bulk business people petroleum producers smith cause special session november introductory message special session governor sterling said assuredly time called extraordinary session except believe grave crisis confronts state people account federal held railroad commission gone beyond authority given statute enacted time promulgating orders proration conservation oil gas apparent result decision state greatest natural wasted destroyed resulting tremendous financial injury state especially taxpayers public schools apparent conditions state income result gross production tax oil reduced approximately day thousand dollars per day thus depriving state tremendous amount revenue texas senate journal pp consider example plight state authorities period federal found necessary reject commission expert testimony basic matter policy theory speculation macmillan case supra similar testimony accepted state danciger case supra like testimony turn accepted federal amazon petroleum corporation railroad commission governor allred message recommended legislature revise conservation laws generally said trouble oil industry official life charged regulation due misunderstandings misinformation considered criticism either unfamiliar unconcerned magnitude proper solution problems practical difficulties confronting public officials new unexplored field regulation past little difficulties due fact laws dealing production oil gas well rules regulations conservation commission passed thereunder enacted high pressure time figuratively speaking fire texas reg company presses upon us significant determination rights following four questions state law burford acres voluntarily subdivided larger portion therefore state commission state law authority permit exception prevent confiscation matter state law undisputed evidence judgment res adjudicata pendency related cause state courts law state deprived railroad commission pendente lite jurisdiction granting four locations without authority state law arbitrary determine validity assertions presenting obviously difficult problems state law asked company analyze least fifty texas decisions federal misinterprets one decisions shall provoked needless conflict texas courts equity discretion decline exercise jurisdiction may applied judicial restraint seems required considerations general welfare equity may frequently go much farther give withhold relief furtherance public interest accustomed go private interests involved virginian ry system federation particularly desirable decline exercise equity jurisdiction result permit state opportunity determine questions state lwa may prevent necessity decision constitutional question city chicago fieldcrest dairies equity relief may withheld state remedy adequate atlas life ins southern federal asked review proceedings federal agency injunction adequate statutory method review provided myers bethlehem shipbuilding recent years refused permit exercise federal equity jurisdiction enjoin enforcement state criminal statutes beal missouri pacific railway watson buck douglas city jeannette refused permit injunctions interfere collection state taxes state california latimer kohn central distributing see held equity discretion exercise jurisdiction committed grant deny relief upon performance condition safeguard public interest securities exchange comm realty american mutual life ins city avon park florida equity discretion may decline aid utility seeks prevent public service commission making investigation least arguably within power petroleum exploration public service railroad adequate form state relief illinois commerce comm thomson equity may impose terms conditions upon party whose instance proposes act power impose conditions founded upon arises discretion cases grant grant injunction applied inland steel johnson act provides district enjoin enforcement order issued state administrative body jurisdiction based solely upon ground diversity citizenship repugnance order constitution order affects rates chargeable public utility interfere interstate commerce made reasonable notice hearing plain speedy efficient remedy may law equity courts state since order review case way affect rates chargeable public utility johnson act inapplicable