Champlin Refining Co. v. Corporation Commission of Oklahoma

KENNAMER, District Judge

(dissenting).

I concur in the opinion of the majority of the court, holding the penalty provisions of the Conservation Aet unconstitutional, and that the corporation commission has power under the regulatory provisions of the act to enter orders enjoining oil operators committing actual waste in the production of oil and gas. I dissent from that part of the opinion sustaining the orders of the commission permitting the administration of the Conservation Aet through privately paid agents of interested parties in the production and marketing of oil and gas. I am further of the opinion that the orders of the commission are discriminatory and enforced in an unconstitutional manner. I shall file a formal dissenting opinion setting forth my views.