The opinion
BRYANT, District Judge
(dissenting).
I find myself unable to agree with the conclusion reached in the majority opinion above. I agree with the interpretation and effect of prior decisions of the statutory courts as so ably set forth by the learned Circuit Judge. However, I cannot agree with the conclusions reached as to the facts. I think that the great preponderance of the credible evidence shows the same picture which has been presented before, and that it is shown in this hearing in clearer and more vivid detail than ever before, and that is, that the commission, instead of exercising the powers they have'to prevent waste, they have, as has previously been stated, “exercised those powers to effect an unauthorized, in fact, a prohibited end, the keeping of Texas production down to the arbitrary, the artificial amount, fixed as the quota of Texas oil under agreements and arrangements by which the production from Texas and other States was to be limited and allocated so that each State could have a share in the general market for oil and its products at a price which those interested in limiting production held out as reasonably to be expected if the desired limitation were maintained.” People’s Petroleum Producers v. Smith, supra.