champlin refining corporation argued march decided may harry glasser enid james beck washington george ramsey tulsa champlin refining berry king ratliff oklahoma city german tulsa john miley oklahoma city corporation commission others ciero murray oklahoma city warwick downing denver kenner mcconnell columbus ohio philip kates tulsa amici curiae justice butler delivered opinion refining company suit seeks enjoin commission attorney general state officers enforcing certain provisions chapter laws oklahoma enacted february certain orders commission ground repugnant due process equal protection clauses fourteenth amendment commerce clause district consisting three judges usca denied plaintiff application temporary injunction plaintiff appeal refusal final judgment entered appeal dismissed final decree sustains certain latory provisions act declares invalid penal clauses plaintiff appeal mentioned portion decree defendants appeal part act prohibits production petroleum manner conditions constitute waste section section defines waste include addition ordinary meaning economic underground surface waste waste incident production excess transportation marketing facilities reasonable market demands empowers commission make rules regulations prevention wastes whenever full production common source conditions constituting waste one right produce oil source may take proportion may produced therefrom without waste production wells bears total commission authorized regulate taking oil common sources prevent unreasonable discrimination favor one source others section gauges taken purpose determining production wells commission directed promulgate rules regulations appoint agents may necessary enforce act section since passage act commission time time made orders made findings far need given indicated plaintiff engaged oklahoma business producing refining crude oil transporting marketing products intrastate interstate commerce oil gas leases greater seminole oklahoma city fields field nine wells owns refinery daily capacity barrels crude produces gasoline products approximately tank cars operates miles pipe line including adequate facilities transportation crude oil fields refinery wholesale retail gasoline stations oklahoma supplied refinery refinery tight steel storage tanks total capacity barrels use earthen storage permit crude run large waste oil produced wells produce utilized commercial purposes also purchases much oil greater seminole area covers territory fifteen twenty eight ten miles eight distinct pools formations overlie first pool discovered june producing wells potential production barrels per day wells separately owned operated lessees owning wells per cent total potential capacity field pipe lines refineries entirely dependent outlet crude upon others purchase transport oil five companies owning wells per cent potential production pipe lines refinery connections affording partial outlet production nineteen companies control pipe lines extending area daily capacity barrels time time purchase oil producers field oklahoma city field miles west seminole six three miles part divided small lots plaintiff leases portion field oil discovered december produced four different formations feet surface parts area two overlie many points wells penetrate overlying formations capable producing field yet fully developed june producing wells estimated potential barrels per day wells owned different lessees wholly eight partially nonintegrated operate wells per cent total potential production ten producing companies control pipe lines extending area carrying capacity barrels per day time time purchase oil producers crude oil natural gas occur together close proximity gas pool moves contents toward point least resistance wells drilled pool oil gas move place place wells permitted produce greater proportion capacity others drainage occurs less active active heavy gas pressure oklahoma city field proportional taking wells flush pools enforced operators physical market outlets forced produce capacity order prevent drainage others adequate outlets oklahoma prior passage act large quantities oil produced excess transportation facilities demand therefor stored surface tanks reason seepage rain fire evaporation enormous waste occurred uncontrolled flow flush semiflush wells considerable period exhausts excessive amount pressure wastefully uses gas greatly lessens ultimate recovery appropriate utilization gas energy especially important oklahoma city field great depth wells cost artificially recovering oil high first present series proration orders took effect august applied flush semiflush pools seminole similar orders effect almost continuously since time soon discovery oil oklahoma city field production exceeded market demand first proration order applicable field took effect october orders usually covered short terms rapidly changing potential production market demand pools proration orders attacked plaintiff made pursuant sections act findings contained made notice interested persons based upon evidence adduced hearings allegations complaint orders made commission without heard testimony witnesses oath legal evidence sustained commission construes act intended empower limit production amount reasonable daily market demand require ratable production taking common source current orders found waste oil result prorated areas unless production limited demand order june found potential production approximately barrels per day imports amounted barrels creating supply barrels estimated domestic export demand barrels found existing stocks crude storage exceeded needs industry purchasers unwilling buy oklahoma storage amount sufficient take surplus potential production state similar findings contained commission subsequent orders based findings daily potential oklahoma city field amount market outlet oil amount produced without waste defined act plaintiff time trial limited proration orders per cent total production wells field orders also operated restrict plaintiff much less potential production nine wells seminole pools found times covered orders involved serious potential overproduction throughout particularly flush semiflush pools seminole oklahoma city fields curtailment applied crude oil lack market demand adequate storage tanks inevitably go earthen storage wasted full potential production exceeded transportation marketing facilities market demands accordingly necessary order prevent waste production flush semiflush pools restricted directed proration orders enforce curtailment equity justice several producers pool necessary enforce proportional taking well lease therein upon testimony operators others comprehensive plan curtailment proration conforming rules prescribed act adopted commission set forth orders commission acting section act consent governor state appointed one collins umpire agent constituted certain producers pool operating committee assist administering prescribed rules regulations later one bradford appointed assistant umpire agent spent time oklahoma city field leaving collins serve prorated areas supervised taking gauges ascertained daily production prorated wells checked quantities transported kept complete records end wells pool operated accordance commission rules violations detected reported appropriation made payment umpires agents commission sufficient regular help administration proration orders members operators committees served without pay collins salary expenses paid voluntary contributions certain producers seminole field bradford voluntary contribution producers oklahoma city field field great majority producers joined raise funds contributions prorated basis production method paying help followed since times known commission governor public period two sessions legislature forbidden practice provided funds pay work neither umpire members committee public officers mere agents employees commission evidence establish guilty favoritism dishonesty commission acted arbitrarily discriminated favor groups paying agents plaintiff suffered injury reason thereof commission discriminated oklahoma city field prorated area favor seminole relation potential production pool amount crude oil without waste produced therefrom prorated pools therefore applicable percentages curtailment varied pipe lines purchasers serve take oil pools reasonable market demand greater proportion potential production others prorated longer purchasers whose facilities extend others oil discovered oklahoma city field pools seminole area quite fully developed passed flush production latter favored location respect trunk pipe lines larger market demand although daily production former greater constant bringing new wells oklahoma city field resulted continuous rapid increase potential production field whereas market demand oil increased slowly none commission orders made purpose fixing price crude oil effect first order made price two dollars per barrel declined time trial cents case commission allowed produced full amount market demand pool never entered order section act shown commission intended limit amount oil entering interstate commerce purpose controlling price crude oil products eliminating plaintiff producer refiner competition combination among plaintiff competitors purpose restricting interstate commerce crude oil products operators committee made plaintiff competitors formulated proration orders evidence trial undoubtedly sustains findings referred adopted plaintiff insists act repugnant due process equal protection clauses fourteenth amendment need consider suggestion business production sale crude oil public service devote property public use proration orders purport made fact made respect services charges calling affected public interest subject regulation rates prices plaintiff insists vested right drill wells upon lands covered leases take natural flow oil gas therefrom long without physical waste devotes production commercial uses plaintiff take flow wells inevitably result great physical waste even entire production devoted useful purposes improvident use natural gas pressure inevitably attending operations cause great diminution quantity crude oil ultimately recovered pool lessees owners land pool compelled plaintiff taking also draw common source add wasteful use lifting pressure lack especially part nonintegrated operators means transportation appropriate storage market demand contest made plain evidence findings result surface waste large quantities crude oil oklahoma generally elsewhere landowners absolute title gas oil may permeate surface minerals differing solids place coal iron fugacious uncertain movement within limits pool every person right drill wells land take pools gas oil may able reduce possession including coming land belonging others right take thus acquire ownership subject reasonable exertion power state prevent unnecessary loss destruction waste power extends taker unreasonable wasteful use natural gas pressure available lifting oil surface unreasonable wasteful depletion common supply gas oil injury others entitled resort take pool ohio oil indiana lindsley natural carbonic gas ann cas bandini superior los angeles county et brown spilman walls midland carbon rich doneghey okl people associated oil cal et shown rule proration prescribed section provision involved amounts authorizes arbitrary interference private business plaintiff property rights statutory rule reasonably calculated prevent wastes specified section put aside plaintiff contentions resting upon claim section section authorizes contemplates directly indirectly regulation prices crude oil commission never made order section found none proration orders involved made purpose fixing prices fact commission never limited production market demand great long continued downward trend prices contemporaneously enforcement proration strongly support finding orders assailed effect section held unconstitutional provisions orders rest remain force unconstitutionality part act necessarily defeat affect validity remaining provisions unless evident legislature enacted provisions within power independently invalid part may dropped left fully operative law connolly union sewer pipe pollock farmers loan trust reagan farmers loan trust field clark allowed produced full amount invalidity part act shall manner affect remaining portions discloses intention make act divisible creates presumption eliminating invalid parts legislature satisfied remained scheme regulation derivable provisions enacted without regard section williams standard oil crowell benson ed utah power light pfost ed orders involved made sections provide complete scheme carrying effect action commission general rules laid sections prevention waste see julian oil royalties capshaw okl validity section need considered plaintiff contends act proration orders operate burden interstate commerce crude oil products violation commerce clause const art clause clear regulations prescribed authorized act proration established commission apply production sales transportation crude oil products production essentially mining operation therefore part interstate commerce even though product obtained intended fact immediately shipped commerce oliver iron lord hope gas hall packing haydel utah power light pfost supra violation commerce clause shown plaintiff assails proration orders unauthorized lacking basis fact arbitrary failed show orders based upon sonable determinations governing facts namely proportion crude oil may produced common source without waste production plaintiff wells bears total production source gauges taken determine potential production well rules regulations prescribed commission shown inappropriate liable produce arbitrary discriminatory results appear agents umpires committees employed commission consent governor enforce provisions act make investigations necessary secure commission data required make proration directed section acted otherwise faithful subordinates plaintiff shown act omission agents subjected disadvantage prorations arbitrary discriminatory respect obviously commission without agents employees make enforce proration directed act plaintiff entitled commission orders set naught purposes act thwarted merely absence legislative appropriations therefor salaries expenses agents employees paid funds raised operators interested proration established statutory rule proration required prevent waste defined sectiion give effect rule prescribed section changes according conditions existing time time percentages valid one time may inapplicable unjust arbitrary another bluefield public service knoxville water plaintiff failed prove order force time trial accordance rule prescribed section otherwise invalid part decree appealed affirmed affirmance prevent appropriate suit different state facts shown exist injunction restrain enforcement order proved authorized act unjust arbitrary operate plaintiff prejudice cf village euclid ohio ambler defendant appeal part final decree declares sections valid enjoins attorney general county attorney enforcing conclusions law declares sections terms impose penalties violation act violation orders commission sections indefinite uncertain warrant imposition prescribed penalties therefore sections invalid opinion points act penal statute also regulatory measure supplemented rules regulations orders commission suggests operator producer oil common pool required peril severe penalties determine whether operation oil well committing waste producing excess market demands terms defined act uncertain doubtful meaning defendants insist question concerning validity section find direct definite allegation record defendants threatened cause plaintiff prosecuted section found prosecution commenced plaintiff officers employees section finding evidence sufficient require one prosecution imminent contemplated opinion substance section provision act penal statute equity jurisdiction exercised enjoin threatened enforcement state law contravenes federal constitution whenever essential order effectually protect property rights rights persons injuries otherwise irremediable case person officer state clothed duty enforcing laws threatens commence proceedings either civil criminal enforce law parties affected may enjoined action federal equity terrace thompson cases cited burden upon plaintiff seeking invoke rule definitely show order protect property rights necessary restrain defendants enforcing section indeed record us indicates plaintiff show rights directly affected danger prosecution section therefore standing invoke equity jurisdiction enforcement oliver iron lord supra massachusetts mellon aetna insurance hyde et undoubtedly section invalid may severed parts act without affecting provisions prorations made ohio tax cases follows lower erred passing upon validity section decree modified declare question section defendants also maintain question validity section record shows plaintiff taken crude oil excess quantities allowed orders torney general may brought suit section state receiver appointed wells procured issue temporary injunction restraining plaintiff producing oil violating act proration orders pending appointment receiver next day plaintiff filed amended supplemental bill applying stay enforcement proration orders pending determination appeal june lower ocurt upon plaintiff application affidavits submitted parties found plaintiff suffer irreparable loss injury unless stay granted entered order restraining commission instituting proceedings section act restraining attorney general county attorney prosecuting section receivership proceedings plaintiff allowing plaintiff conditions need stated produce barrels daily requiring attorney general immediately state injunction dissolved clear section invalid enforcement provisions pending trial case plaintiff claimed lower found inflicted irreparable loss damage upon plaintiff defendants show claim evidence establish finding lower authority stay enforcement assailed orders pending determination plaintiff appeal denial motion temporary injunction hovey mcdonald cotting kansas city cumberland tel pub serv virginian ry et jurisdiction properly invoked determine whether plaintiff entitled protection shutting seizure wells sale oil pending federal final decision attorney general though required dismissed suit state insists proceeding receiver pending erred construing passing validity section regard facts circumstances clear dismissal require hold thereby purpose attorney general county attorney changed prosecution section longer imminent therefore properly called upon pass upon validity section provides addition penalty imposed preceding section person firm corporation violating provisions act shall subject producing property placed hands receiver competent jurisdiction suit state attorney general county attorney receivership shall extend operating producing wells marketing production thereof provisions act language used applies violations act extend violations orders commission plain leaves room construction direct unambiguous expression required warrant inference state legislature intended authorize seizure producers wells sale oil mere violation order context language used unmistakably show section imposes penalty measure nature aid remedy injunction prevent future violations section commission respect matters record state constitution art empowered punish contempt violation commission orders fines per day continuance violation sections planters cotton ginning west okl section declares addition penalty may imposed commission contempt one directly indirectly provisions act shall guilty misdemeanor punished fine imprisonment similarly liability section provisions act addition penalty imposed section deal act already committed moreover liability section limited seizure operation offender wells extends marketing oil absolute liability arises single transgression prosecution therefor may occasion restraint production ceased nothing act duration receivership may determined owner whose wells seized may right production reduced withheld await better demand voice quantities produced continue oil transported means pipelines facilities sent refinery delivered fulfillment contracts plainly taking deprives owner property without compensation even moneys received oil sold less expenses accounted receiver suit prosecuted state redress public wrong denounced crime provisions section consistent purpose inflict punishment violation act must deemed intended impose additional penalties upon offenders oil producing wells boyd reisinger huntington attrill section declares one provisions act shall subject prescribed penalties necessary refer regulatory provisions volved section prohibits crude oil manner conditions constitute waste section declares addition ordinary meaning shall include waste underground waste surface waste waste incident production crude oil petroleum excess transportation marketing facilities reasonable market demands section provides whenever full production common source obtained conditions constituting waste one right produce source may take therefrom proportion may produced therefrom without waste production well wells taker total production common source supply nothing support defendants suggestion regulatory provisions act become operative commission defined permissible production shown section cover violations orders commission validity provisions must tested basis terms employed connally general construction laid rule governs terms penal statute creating new offense must sufficiently explicit inform subject conduct part render liable penalties requirement consonant alike ordinary notions fair play settled rules law statute either forbids requires act terms vague men common intelligence must necessarily guess meaning differ application violates first essential due process law general expressions employed known common law shown meaning oil industry sufficiently definite enable familiar operation oil wells apply reasonable degree certainty meaning word necessarily depends upon many factors subject frequent changes act definite course conduct specified controlling upon trial one charged committing waste violation act foresee prescribe scope inquiry reasonably might bearing necessary determining whether fact waste definite mere command wells shall operated way detrimental public interest respect production crude oil ascertainment facts necessary application rule proportionate production laid section require regular gauging producing wells field work far beyond anything reasonably may required producer order determine whether operation wells committing offense act light decisions appears upon mere inspection general words phrases vague indefinite penalty prescribed violation constitutes denial due process law penalty invalid exaction obedience rule standard vague indefinite really rule standard cohen grocery small sugar ref connally general construction supra cline frink dairy smith cahoon dismissed affirmed modified modified affirmed footnotes production crude oil petroleum state oklahoma manner conditions constitute waste hereby prohibited taking crude oil petroleum sand sands state oklahoma time market demand therefor well price equivalent actual value crude oil petroleum hereby prohibited actual value crude oil petroleum time shall average value near may ascertained retail byproducts crude oil petroleum refined less cost reasonable profit business transporting refining marketing corporation commission state hereby invested sic authority power investigate determine time time actual value crude oil petroleum standard herein provided determined said commission shall promulgate findings orders duly made recorded publish newspaper general circulation state term used herein addition ordinary meaning shall include economic waste underground waste surface waste waste incident production crude oil petroleum excess transportation marketing facilities reasonable market demands corporation commission shall authority make rules regulations prevention wastes protection fresh water strata oil gas bearing strata encountered well drilled oil whenever full production common source supply crude oil petroleum state obtained conditions constituting waste herein defined son firm corporation right drill produce oil common source supply may take therefrom proportion crude oil petroleum may produced therefrom without waste production well wells person firm corporation bears total production common source supply corporation commission authorized regulate taking crude oil petroleum common sources supply within state oklahoma prevent inequitable unfair taking common source supply crude oil petroleum person firm corporation prevent unreasonable discrimination favor one common source supply another purpose determining production gauge well shall taken rules regulations prescribed corporation commission said commission authorized directed make promulgate proper order rules regulations employ appoint agents consent governor may necessary enforce act person firm corporation attorney general behalf state may institute proceedings corporation commission apply hearing said commission upon question relating enforcement act jurisdiction hereby conferred upon said commission hear determine said commission shall set time place hearing shall give reasonable notice thereof persons classes interested therein publication newspaper newspapers general circulation state addition thereto shall cause reasonable notice writing served personally person firm corporation complained exercise enforcement jurisdiction said commission authorized determine question fact arising hereunder summon witnesses make ancillary orders use mesne final process including inspection punishment contempt analogous proceedings control public service corporations provided law appellate jurisdiction hereby conferred upon state review action said commission making order orders act appeal may taken person firm corporation shown record interested therein manner time appeals allowed law orders corporation commission said orders appealed shall superseded mere fact appeal taken shall remain full force effect legally suspended set aside addition penalty may imposed corporation commission contempt person firm corporation officer agent employee thereof directly indirectly violating provisions act shall guilty misdemeanor upon conviction thereof competent jurisdiction shall punished fine sum exceed five thousand dollars imprisonment county jail exceed thirty days fine imprisonment addition penalty imposed preceding section person firm corporation violating provisions producing property subject producing property placed hands receiver competent jurisdiction suit state attorney general county attorney receivership shall extend operating producing wells marketing production thereof provisions act invalidity section clause sentence act shall manner effect sic validity remaining portion thereof