# Palmer Oil Corp. v. Phillips Petroleum Co.

> Supreme Court of Oklahoma · March 20, 1951 · 204 Okla. 543

URL: https://www.frixlaw.com/law-library/cases/9553611

## Case

- **Full name:** PALMER OIL CORP. Et Al v. PHILLIPS PETROLEUM CO. Et Al.; STERBA Et Al. v. CORPORATION COMMISSION Et Al.
- **Court:** Supreme Court of Oklahoma
- **Decided:** March 20, 1951
- **Citations:** 204 Okla. 543; 231 P.2d 997; 1951 OK 78; 1951 Okla. LEXIS 517
- **Precedential status:** Published
- **Opinion:** Dissent by O'Neal
- **Judges:** Gibson, Davison, Arnold, Corn, Halley, Johnson, Lut-Trell, Welch, Davi-Son, O'Neal
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9553611

## Opinion text

O’NEAL, J.
(dissenting). I agree with the views expressed by Mr. Justice WELCH in his dissenting opinion.
It is my judgment this unitization act under the guise .of preventing waste in the production of oil and gas from the earth transcends, to an unwarranted and unreasonable degree, regulation of the production of natural resources, and enters the forbidden zone of taking property out of the hands of the owners and placing it in the hands of third persons as individuals and not as a state instrumentality for the purpose of operation, without the consent of . and in violation of their rights.
As I view this Act, it is an improper, unjustified and illegal delegation of police power by the state to private individuals, or corporations acting in a private capacity, as distinguished from acting in the capacity of a duly constituted state instrumentality, answerable to the state. It may be that the state may create a state instrumentality and vest it with the police power for such purpose, making it answerable to the state for its activities and results, but certainly .the state has no power under its Constitution, or the Constitution of the United States, to delegate the police power to private individuals or private corporations for such a purpose, or for that matter, any purpose.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9553611. Public record. Not legal advice.