# Transcript of Record — Oklahoma Natural Gas Co. v. Oklahoma

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Transcript of Record
- **Published:** January 1, 1922
- **Citation:** 258 U.S. 234

## Text

TRANSCRIPT OF RECORD.

SUPREME COURT OF THE
OCTOBER TERM. a 192]

No. MRS'7

v8.

THE STATE OF OKLAHOMA ET AL.

IN ERROR TO THE SUPREME COURT OF THE STATE OF
OKLAHOMA.

(27,634)

SUPREME COURT OF THE UNITED STATES.
OCTOBER TERM, 1920.

No. 312.

OKLAHOMA NATURAL GAS COMPANY, PLAINTIFF IN
ERROR,

THE STATE OF OKLAHOMA ET AL.

IN ERROR TO THE SUPREME COURT OF THE STATE OF

OKLAHOMA
INDEX.

Original. Print.
PN (OWS Cun gaps ees eb au SAS NOR Na Sols SRR WS NA SRR OAS a 1
Seek: REE GEECHRG GPROOR. skids cas ace cd sie inn vd coehs es 1 1
ens See WORN OE RR Ao vaca sb a NAARGNAR GARR RSs ba 3 2
OE CORON accu k Sos Ka RNR ON RERES RE ERE OO OES 1 3
nn UNO WEEE OF GRRE. ok ok abasic bus cease betes shee Se 9 6
Ce MO. ods Wun aaa Cok sae COC as Oke ke ok ean kes 11 7
EIR TROIS cs aroha x hk ORK RKKRS 000s Sean 6 Becks 13 8
eee: WO SURMMINONE. os abs chance kewedswna anna nak cacewkec 15 )
NS ee err eee ee er ey Sr er Rae 16 10
Pe GU QEWOR hak cand cvaavs Man cenk eas sh na causamsaca W7 11
Comepieint of Chan. Bi. RU OF Ob... cscs vevesacsacs 23 13
Separate answer of Oklahoma Natural Gas Company.... 30 17
Separate answer of Oklahoma Natural Gas Company..... 32 18
Separate answer of Oklahoma Gas & Flectric Company.. 39 22

Complainant's reply to separate answer of Oklahoma Gas
ee COIN oo oo Sk CS oaccnesn eawak sue wctaweces 44 24
EET COUR ok. 6 056k vc sina seen owns unica es 47 25

Jupp & DETWEILER (INc.), PRINTERS, Wasnuincton, D. C.. JUNE 21. 1920.

eee So en ey

ll INDEX.
Original.
Complaint of T. F. Donnell........... cncek she GRAS BAD 53
Answer of Oklahoma Gas & E lectric Company............ 5s
Complaint of Chas. B. Selby et ale... cece cee eee eee eee me
Separate answer of Oklahoma Natural Gas Company.... 7
Separate answer of Oklahoma Gas & Eleetrie Company. . nn
Proceedings had before the Commission, January 2. 1918. . RQ
Testimony of Henry M. Gray... 2... cece cece cen e eens st
Ci, ee EMIIIOTORS cas sc snc b wees scasass 91
Chas. H. Ruth........ Hck kpARROE Dae 4
WP a RNR Css SABA SO eee 88 cae 8 Mm
. a Se oS rece re 101
ee Sk SRA eee eee Te ee 131
Continuation of hearing held on January 2. 191S.......... 138
Testimony OFC. Te. BORK cw ec cere sw eceereessvens 153
Br: Sos ES TRATE ci sicie a ccncanaesen 159
a PE A kk Sak oR Od ON Te BS iin
CN Be. ERE, ohn chic bab cea saan an en 171
Fey ee Ee CAORIOONEY . gs osha ec uch ees Wh
Dr. Edwin De Barr Creealled)......... Wh
oie a rice ea re 176
Ewhibit Gas Consumers’ Hand-book................2. 1S1
Letter from Public Utilities Commission of Ohio... .. ISS
latter from Buren of Mines... oc... ccc cua ISS
Findings of fact. opinion, and orders.......0.......6. 195
Moditving Order NO. 1S... cece cca casencces 242
BUORtION TOP BION. wos aca neeee sce ewes ces 249
Supersedeas order.......... Ke VATA SA RAA DAK TRONS Ke we
IO PIE ao ks oi AS tee ota ee aes ah ae eas 254
Acknowledgment of service of case made............-. 257
Motion to correct and supplement record... .. 0... c ee ee eee 250
ee Oe CUOMIOIIERT POCOUT coos sock kane edie se eee eee 262
PIIRORERL “PRCOTE: 5 oc eck cc ene eecen ecm e ewes 2638
DO ee, ER IMRIOWD ca kos chins vw aac hws Seu ee ee panes 265
Correspondence and Motices.. oc ccc sce cc cece ewe eee ces iss)
A OO SES Si Rn arse ee eee a 2ts
Order striking case from assignment...... PEC Ce Tee 2s1
RUM CRU cc cence ek ch teak hig ea ena ba Nath a JR2
ey Ci NNN a vec kv hs RASS MN SN AS EN ERAS OO 283
Judgment ; ; ORANGE RGEC RISK CaS wee AE ON ws4
eT eS Cee ee LARA Wick RCRA Sees & oN
Order granting time te file petition for rehearing. .... 0.6... ee 2a.
ETRIONT SOE POROA TIN os ce es cc ek eek een oe ae eae Rs eee ees uM
ey IONG IS TOMCRLINE soc conc eet ew keene hace ence seanees LOS
O¥o WORD cg. Pe a? Neer ert ee tke rere eee mat)

A

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 1

a Return to Writ.

In obedience to the commands of the within writ, T herewith trans-
mit to the Supreme Court of the United States a duly certified tran-
script of the complete record and proceedings in the within entitled
case, With all things concerning the same.

In witness whereof. | hereunto subseribe my name, and affix the
seal of said Supreme Court of Oklahoma, in the City of Oklahoma
City. Oklahoma, this the 1%th day of April, A. D. 1920.

[Seal Supreme Court, State of Oklahoma. |

WM. M. FRANKLIN,
Clerk Supreme Court of Oklahoma,
$y - —~, Deputy.

l [Stamped:| Filed in Supreme Court of Oklahoma Apr. 14,
1920. William M. Franklin, Clerk.

In the Sapreme Court of the United States.
No. 9854.

OKLAHOMA Narurar Gas Company, a Corporation, Appellant,
vs.

THe Stark oF OKLAHOMA, CHARLES H. Rutru, Tl. F. Trip, T. F.
Donnell, Charles Bo Selby, and George M. Callihan, Ap-
lees.

Citation.
UNITED STATES OF AMERICA, sx:

To the State of Oklahoma and S. P. Freeling, Attorney General, its
attorney of record, and to Charles TH. Rath, HW. FL Tripp, T. PF.
Donnell, Charles B. Selby, and George M. Callihan, Greeting:

You, and each of vou, are hereby cited and admonished to ap-
vear in the Supreme Court of the United States at Washington in the
District of Columbia within thirty days from the date hereof pur-
suant to a writ of error filed in the office of the Clerk of the Su-
preme Court of the State of Oklahoma, wherein Oklahoma Natural
Gas Company, a corporation, is appellant, and you and each of vou
are appellees, to show cause, if any there be, why the judgment ren-
dered against the said appellant as in the said writ of error men-
tioned should not be corrected, and why speedy justice should not
be done to the parties in that behalf.

cree erat ret Ont 5 RRL LG TLE

2 OKLA. NAT. GAS Cu. Vs. THE STATE OF OKLA. ET AL.

Witness the Honorable Edward Douglass White, Chief Justice of
the Supreme Court of the United States this the 10” day of April,
in the Year of our Lord 120.

EDWARD DOUGLASS WHITE,
of the Nupreime Court of the United States,
By PHOS. TH. OWEN,

Chit Justice of the Supreme Court of Oklahoma.

Chief dusties

Attest:

[Seal Supreme Court, State of Oklahoma. |

WM. M. FRANKLIN,

Clerk of the Nupre wee Court of the
Ntate of Oklahoma,

By POS. HILLMAN. Deputy

Copy oof the within citation is acknowledged by each of us
to have beem reeenved om this the loth day of April, L820,
and each of the said appellees in the foregoing citation now and
hereby eliters its anid this Lede ral Up pearance i the sitid cause in the

Supreme Court of the United States

THE STATE OF OKLAHOMA.
By SPO FREELING,
Atty. General,
By B. 6. FULIOX.
Asst, Atty. Genl.
CHAS. Bb. SELBY.
GhORGH Mo CALLITLAN,
T. F. DONNELL.
CHARLES H. RUTH.
m. ©. Tmire.

3 ‘Stamped: | Filed in Supreme Court of Oklahoma Apr. 10.
| cn ] e |
1920. Wilham M. Franklin, Clerk.
In the Supreme Court of the United States.
In the Supretie Court of the State of Oklahoma.

No. 9854.

OKLAHOMA NATURAL GAs Company, a Corporation, Appellant,
vo:

Tue State or OKLAHOMA, Coartes H. Rerun, HW. F. Tripr. T. F
Donnell, Charles Bo Selby. and George TL. Callihan, Ap-
pellees.

iL, tition for Worst | Error.

Oklahoma Natural Gas Company, appellant in the above entitled
and numbered cause. feeling itself aggrieved by the decision and judg:

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 3

ment of this court rendered in said cause on January 20, 1920, and
by this court's denial on Mareh 30, 1920, of this appellant's petition
for rehearing therein, comes now by Ames, Chambers, Lowe &
Richardson, its attorneys of record herein, and petitions the court
for an order allowing this appellant to prosecute a writ of error to
the Honorable Supreme Court of the United States under and ae-
cording to the Constitution and laws of the United States and the
rules of said court in that behalf made and provided, and for an
order that all further proceedings herein be suspended and stayed
until the determination of said writ of error by the Supreme Court
of the United States. and vour petitioner will ever pray.

AMEs, CHAMBERS, LOWE &
RICHARDSON,
Attorneys for Appellant.

4 [Stamped:] Filed in Supreme Court of Oklahoma Apr. 10,
1920. William M. Franklin, Clerk.

In the Supreme Court of the United States.
No. YS54.

OKLAHOMA NaturAL Gas Company, a Corporation, Appellant,
Vs.

THE Sravre oF OKLAHOMA, CHARLES H. Rurn, H. F. Tripp, T. FP.
Donnell, Charles B. Selby, and George H. Callihan, Ap-
pellees.

Assignments of Error,
Now comes Oklahoma Natural Gas Company, a corporation, ap-

pellant in the cause above entitled, and savs that in the record and
proceedings in said cause there is manifest error in this, to-wit:

iL.

The Supreme Court of the State of Oklahoma erred in affirming
the order of the Corporation Commission of the State of Oklahoma
appealed from,

»

The Supreme Court of the State of Oklahoma erred in holding
that the order of the Corporation Commission of the State of Okla-
homa appealed from docs not deprive appellant of its property with-
out due process of law in violation of the Fourteenth Amendment to
the Constitution of the United States.

ee ee ee ee ee ee ee cons ————————————————

4 OKLA. NAT. GAS Co. VS. THE STATE OF OKLA. ET AL.

2
oo.

The order of the Corporation Cornission of the State of Okla-
bron appoattod from denied te this appellant due process of

” law and operated to deprive this appellant of: its property
Without que process of Taw in Violation of the Fourteenth
Amendment to the Constitution aft the United States, in this, to-wit:

(a) The pleading: tiled before the Corporation Commission of
Oklahoma did not ask for a disesunt or rebate upon the bills of
consumers, and the process served upon the appellant did not dis.
close that any discounts or re hates Nyon -uid billy were contemplated
by the Corporation Commission: and the appellant had no notice
or knowledge of the eomtenyplited order requiring the discounting
or rebating of the bills of those patrons for low pressure until the
order requiring the discounting or rebating of said bills was actually
made, and the appellant therefore had neo opportunity to defend
against said order. or to produce either evidence or argument agallist
its propriety. pustice or legality,

Oh) The evidence am ay

22 OKLA. NAT. GAS CO. Vs, THE STATE OF OKLA. ET AL.

39 Before the Corporation Commission of the State of Oklahoma.
Cause No. 3188.

Cuarcies H. Rurn et al.
V8.

OkraAnomMA Gas & Evectric Co. and OKLAnoMA NATURAL Gas Co.
Ne parate Answer of Oklahoma Gas & Electric Company.
: : f

The Oklahoma Gas & Electric Company. one of the defendants
in said cause, herewith files its separate answer to the above com
plaint, and answering, says:

First, that it admits that Charles H. Rath and PL HE Tripp. whe
signed the complaint, are residents of Oklahoma City and are users
and consumers of natural gas. but it denies that the said) eonmplain-
ants are dependent upon natural gas for domestic and business pur-
poses. but says that they have the same opportunity. and the same
right as eitizens of any city which is not supplied with natural gas,
to procure fuel of other kinds, and that their reason for desiring to
use Matural gas is because it is a cheaper and more convenient fuel,

(1) Defendant demies that all of the names made a part of this
petition as complainants, by amendment. are residents of Oklahoma
Citv, or users of natural gas.

second. This defendant admits that it is mew, and was at all
times mentioned in this complaint, a publie service corporation. duly
organized and existing under the laws of the State of Oklahoma
and as such corporation is now and at all times mentioned in said
complaint, the owner of a certain franchise granted by the muniei-
pality of Oklahoma City for the purpose of supplying and
40 selling to said municipality and the inhabitants thereof, nat-
ural gas for light. heat and power purposes, but denies that
as such public service corporation it exercises the right of eminent
domain fer the purpose of transporting and supplying by means of
pipe Lines Oklahoma City, Oklahoma, and the inhabitants thereof
with all of the natural gas used by the said city and inhabitants
thereof for light. heat and power purposes, and denies that as public
service corporation it owns and possesses a monopoly in the business
of supplying Oklahoma City and the inhabitants thereof with
natural gas for the purposes atoresaid. and denies each and every
other allegation contained ino the second paragraph of said) com-
plaint,

Third. This defendant admits that its co-defendant. the Okla-
homa Natural Gas Company, is engaged in the business of trans-
porting gas by means of pipe lines to Oklahoma City, and admits
that the said Oklahoma Natural Gas Company is under contraet with

| OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 25

the Oklahoma Gas & Electric Company, and avers that a copy of
this contract is on file with this Comission.

Fourth. This defendant, in answering paragraph four of com-
plainants’ petition, states that the co-defendant. the Oklahoma
Natural Gas Company. maintains two main lines inte the City of
Oklahoma City, one of them reaching the Morrison field im north
central Oklahoma, and the other extending into the gas fields of
northeastern Oklahoma.

Fifth. Answering the fifth paragraph of complainants’ petition,
this defendant denies each and every allegation therein contained.

Sixth. Answering the sixth paragraph of conplainants’ petition,
this defendant states that on the 7th. Sth, {th and 10th of Decem-
ber, [N17 there was a shortage of gas in Oklahoma City, but denies
each and every other allegation contained in said paragraph.

4] Seventh. Answering the seventh paragraph of complain-

ants’ petition, this defendant states that aside from the re-
serve Which may be created by being connected with numerous wells
through the lines of its co-defendant, the Oklahoma Natural Gas
Company, this defendant has not maintained any reserve supply,
and states that itis net at all practical to maintain tanks and. re-
serves for storage of natural gas in such quantities as will reason-
ably supply the needs of the citizens of Oklahoma City during a
shortage such as occurred on the said 7th. Sth, Sth and 10th of De-
eemmber, L917,

This defendant states that while the storage of natural gas from
a physical standpoint is practical, from a business standpoint such
a storage capacity is entirely impractical. This defendant further
states that to supply a storage capacity suflicient to take care of a
shortage such as existed on the days mentioned would call for not
less than seven 15,000,000 cubic feet holders, which would cost, ex-
clusive of real estate on which to place such holders. met Jess than
$10,500,000,00. and that the depreciation and interest on this in-
vestment alone, not to say anything of operating costs ner return
upon the investment made, would equal the sum of $1.260,000,00
per year, or not less than $300,000.00 more than the total sum re-
ceived by this defendant and its co-defendant from the sale of gas
in Oklahoma City.

This defendant further states that for the year 1916 there was sold
in Oklahoma City, $926,000.00 of natural gas, and that ef this sam
this defendant received less than $300,000.00 as its share under the
contract existing between it and its co-defendant. the Oklahoma
Natural Gas Company, and that if storage capacity adequate to take

care of the shortage of natural gas during the period covered
42 by the complaint herein were ordered in at the expense of the
defendant. it would be subjected to a less of not less than
$900,000.00 per vear, and if such storage capacity were ordered in at
the expense of this defendant and its co-defendant, the said defend-
ants would be subjected to an outlay of at least $300,000.00 per vear

—

- 5 Stent ape See ew ele +
FON EEE LLP IS

24 OKLA. NAT. GAS CO. VS. TILE STATE OF OKLA. ET AL.

more than they would receive from the sale of natural gas in Okly
homa City.
Wherefore, having fully answered, this defendant prays that th
relief sought by the complainants be denied.
(Signed) PAUL REISS,
A ttorney for Okfahoma Gas & Electric Co.

Copy served January &, 1918.
RUTH & TRIPP.
By CL H. RUTH.

Endorsed: 3188. Before the Corporation Commission of Oks.
homa. Chas. TH. Ruth et al. Complainants, vs. Oklahoma Gas ¢
Electric Company, Defendants. Separate Answer of Oklahoma Ga
& Electric Company. Filed Jan. 9) 1978,

43 Thereafter. on the — day of _19--, Complainants filed
their reply to the separate answer of the Oklahoma Cas ¢
Electric Company, which is in words and figures following. to-wit

44 Before the Corporation Comission of the State of Oklahoma
No. SESS.

CHas. H. Rern et al:
Vs,

OKLAHOMA Gas & Evectrm Compasy and OKLANOMA NATUR
CrAx COMPANY,
Complainants Reply to Se parate Naswer of Oklahoma Gas and
Klectric Company.

Come new the complainants and for their reply to the separate
answer fo the respondent, Oklahoma Gas & Electric Company, state

1. That the tirst lettered paragraph of the said respondent does not
set up facts sufficient to constitute a defense to this complaint: that
the same is frivelous: based on assumption and opinion, and should
be stricken from the record,

2. Replying to the first figured paragraph of the said respondent:
answer, complainants state that these complainants are not advised
that all the names appearing on the said petition or complaint an
bona fide residents of Oklahoma City and users of natural gas: that
the said petitions were placed on street corners and given to divers
and sundry persons to cireulate. and these complamants did not read
the names on the said petitions or investigate, personally, the faet as
to whether the said signers used natural gas or not. but these corm:
plainants allege and state that there are eleven (11) Jack Johnsons
resident of Oklahoma City. S white and 3 colored: two (2)

*. Rose-

OKLA. NAT. GAS CO. Vs. THE STATE OF OKLA, ET AL, 25

velts; two (2) Billie Burkes, and two (2) Woodrow Wilsons, and all
living Within the zone furnished with natural gas by the answering —

As 3. These complainants deny each and every material
allegation contained in paragraph four (4) of the respondents’
answer.

4. These complainants deny that not less than seven gas holders
of 15,000,000 feet capacity each would be necessary to maintain an
adequate reserve supply of gas. but these complainants allege that
ive (5) gas holders of a capacity of LO.000,000 feet each would be
sufficient: and complainants further deny that a gas holder of 15,-
H00,000 feet capacity would cost the sume of SE o00.000) One Million
five hundred thousand dollars.

Wherefore, complainants pray that the said respondent, Oklahoma
Gas & Fleetric Company be ordered and required by this commission
to immediately ereet and constrivet or cause to be erected and con-
structed not less than five gas holders of 10,000,000 feet capacity each
fora reserve supply for the users of natural gas in Oklahoma City,
and for such other and general relief as te this Conmounission may
wem Just and reasonable.

(Sed. ) CW. RUTITA

H.R. TREPP,

( ‘in placnants, and Atterine ys for all Complainants.

Endorsed: SESS. Corporation Commission of the State of Okla-
homa. Chas. H. Ruth, et als.. Complumants. vs. Oklahoma Gas &
Electric Co. and Oklahoma Natural Gas Company. respondents.
Reply to Separate Answer of the Oklahoma Gas & Electric Co.
Filed on the — of ———,. 1%

4 Thereafter, on the — day of ——. 1%. Cemplainants in
said causes filed their supplemental complatnt whieh is in
words and figures following to wit:

fi Before the Honorable Corporation Commission of the State of
Oklalwomia,

In re CONSOLIDATED CoMPpLArINts AGAINST THE ORLATOMA Gas &
Erectric CoMPANY AND THE OK EATOMA NATURAL Gas COMPANY,

Supplementad Complaint,

Comes now the complainants im the feregeing consolidated com-
plaints against the Oklahoma Gas & Electric Company and the Okla-
homa Natural Gas Company, for shortage of gas in Oklahoma City.
and files this additional and supplemental complaint,

Complainants allege that since the date of the filing of the original
emplaints ino this preceeding. and specifically on the dates in-
duding the 10th te the 16th days of January, 1918, the said defend-
ant corporations, the Oklahoma Gas & Electric Company and the

Awe

Stale BATS A A PEE SEES NR MORELIA Or Nae ROS

26 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA, ET AL.

Oklahoma Natural Gas Company. have heen guilty of contempt of
this Honorable Coninisstotm, atid are naw cuilty of content in this.
to wit

Vhat during inte tatane and tthe prese rit tide the said defend tyits
have been guilty of the vielation of the order of this Tomorab'
Commission, Number 10Qs8. requiring the Gas Companies to furnish
an arbeqtiats supply of gas fer dlotiestie Cotistinptron: that during
seul tune thee defendant corporatiatis, and each oof them. were en
gaged in the business ef supplying matural gas te the itahiabatarits of
the Civ of Oklaheria City for pas and that during all of sard period
of time. aforesard, the defendant ED lave utterly fsriled te

frarnaisti cate celery eacate ~aypyp ty of gas for domestic tise of the
1s citizens of Oklahoma Crtv. on vielation of said) order of this

Commission and in vielation of their charter and tranehiss
and the duty owed te the puble ane ther customers

Conyphumant ribores sprcegtne ally lle ure? threat charming thie peried ateore-
said that me prertion of the Citv of Ook valvornsa Cats received an ade-
quate supply ef gas and that ay large pertions of the @itw there wer
Trtree- itt whoeh theme Wars treet at eritliebenit qquantitn et gas furnished tr
enable the roaintersatice of tires That regardless of the Morrison
myth that there i tiet tre cite: Porn shed te the ert zem- of Okla-
homa City an adequate sapply ter detnestic tse ame that neither of
said corporations boise tow aelediiat factlities for the furnishing te
the imbabitants ot Ok balers (itv an cudeqg isnt ~ipply of vas mn
moderately extreme winter weather

Complainants further allege that drring the times herembeter
mentioned the weather while cold was tet mnusually cold: aad that
the temperatures were not below the temperatures whieh could be
reasonably expected im thas cliate at this time of vear That hy
reason of thre breach of drat satiel viodat on oof lan aforesatd ther
has been great sufferimmeg. meenvenrenier sed charace te the ent
of Oklahoma City.

That there has heen cduaving thie Vitne =~ aferesa | and is new a oreat
shortage of coal. wood and other fucl-. and of stoves and other heat
Ing deviees for the vse of fuel other than cas unt Oldahema Citw. and
that end conditions has been breed tateauit Vers laarue ly ba thre know.
ingly false representations of the defendant corporations ond attieers
thereof that there would be ie Shortage of gas in Oklahoma City
during the winter af W17-1s ined espoet ally that there would he an
adequate ~uipepel of gas atte thy completion of the mains te thy

Morrison tield,
49 Complainant= allege and events show, that the tapping
of the Morrison field till leaves the defendant corporatlon
without an adequate supply of gas for the people of Oklahoma City,
and allege that the sid de fendant corperatrons have at all times
known, or would have known with the exercise of any eare, that thev
did not have an adequate supply of gas,

Complainants further allege that the said) defendants have de-
posits from their customers in Oklahoma City for gas. and have
rules authorizing the shutting off of ga- if meonthiy bills are not
paid, and have a rule requiring the payment of $1.00 for establish-

__ ” / 2 WA SN GAD EAI ARE MOEA AS WTR TERE IN ATL NLS ESR Saieeiiieeeia |

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA, ET AL. Ze

rt ees:

ing a re-connection when gas is shut off. Complainant- allege that
these rules considered in connection with the deposits held by said
companies are unreasonable and void.

Complainants further allege that the said defendant corporations
well knowing that the meter readings are false and untrue and that
the supply of gas which the meters indicate are been furnished to
the various customers of said company has not been in faet fur-
nished, are now, and have been at the time of the filing of the origi-
nal complaints before this Tlonorable Comunission, threatening to
cut off service of all persons who do not promptly pay their bills and
by means of said threats have been wrongfully extorting large sums
of money from their customers in Oklahoma Citv. That said de-
fendant corporations have been cutting off the service of their eus-
tomers for the refusal to pay extortionate and unearned bills awd
will continue to so ent off the service to their said customers until
precluded by the order of this Honorable Conmaiission.

Complainants further allege that practically all of the consumers
of natural gas in the City of Oklahoma Citw have legal and legiti-

mate defenses against the bills rendered by the said defend-
w ant corporations for natural gas and that when said claims

are presented to the officers of the Oklahoma Gas & Electric
Company. Which Company is purporting to act as agent for the
(Alahomea Natural Gas Company, the persons presenting said claims
are treated with the utmost inselence and contempt. are advised te
lny coal, are informed that the said corporations have nothing to |
do with said claims. and are informed that the service of said cus- |
tomers will be cut off if the gas bills are net paid regardless of anv
question of counter claim or legal set-off.

Complainants further allege that unless relief is furnished the
aid corporations will absolutely refuse te hear or even consider anv
legitimate claims which may exist against said corporations or either
of them and that the gas supply of said customers will be ruthlessly
ent off regardless of anv contention of right. charity er lumanity.

Wherefore vour complainants ask that the said corporations and
both of the- be adjudged guilty of contempt for the further viola-
fon of the order of this Commission committed during the time
herembefore mentioned and that this Tlonorable Commission, in the
exercise of its Jurisdiction over said corporations, enjoin and restrain
the said defendant corporations from: cutting off the service of the
various customers of said corporations who claim: off-sets or defense
against bills rendered for gas services,

Complainants further allege that there is ne adequate remedy a
law, and further pray that this Tlonorable Commission issue a tem-
porary restraining order, restraining the said defendant corpora-
tions, their emploves and agents from the cutting off of service to
customers claiming defences against bills rendered. until the final

hearing of this complaint. and complainants further pray
| that on final hearing that the said) rules corporations he
held te be unreasonable and void. and that this Honorable
Commission issue an erder prohibiting said corporations or either of
them or their agents or emploves from cutting off the service of any

WRB eteeaenrrneterene 0 5 LOR SAR aS, BOG NORE ARLE NEE REE IN IRS ao . oe vant ese . Ay

28 OKLA. XAT. GAS CO, VS. THE STATE OF OKLA. ET AL.

customer who claims counter-elain: or defense against a bill rendere:
to the end that such disputes may be determined in due and regulor
course in the courts which have brea designated in the State «
Oklahoma for the determination of disputed questions of privat
right.

Affeorne is for f om plarnauts,

Endorsed: 2318S. Before the Honorable Corporation Coniuiuissie:
: of the State of Oklahoma. Tn ore Consolidated complaints agains
the Oklahoma Gas and Electric Company and the Okbahoria Ne.
ural Gas Conmipany. Supplemental Conapolarnet, Filed on the dar

O19

oD Be it remembered. that on the Lith dav of December. 1917

TOF. Donnell. and others. commenced an action against The
Oklahoma Gas & Electric Company by the tiling ef a complain
which is in words and figures as follows. to-wit

ao To the Honorable Corporation: Comiuntsston of the State of
Oklahorns

1. the undersigned. a resident. entizen and tax paver of Oklahome
City, county and state. and a patron of the Oklahoma Gas & blectri
Company. and a consumer of gas fer dotiestic purposes, for mivsef
and fer and on behalf ef all other citizens and tax pavers and con
sumers of gas in Oklahoma City, County and State. from the Okle
homa Gas & Eleetrie Company. do hereby represent to this fe fhe
Commission that covering the period of December Sth. th. 10h
and 11th. 1917. the temperature in Oklahoma City averaged belay
freezing: that continuously during said period of tie the said Oke
homa Gas & Electrie Company wholly failed to furnish to mivsed
and the remainder of the consurers of gas in Oklahoma City. ges
in sufficient quantities to tieet domestic purposes and whelly unsuth
cient to enable the resident- to remain in their homes Without ex-
treme suffering ocensioned hy the cold weather, and said persons
have been at all of said times without gas te prepare meals for their
family and to prevent the freezing of water pipes and tanks,

That as a result of the said failure of said Gas Company te pre
vide gas, members of the family of this complamant and of hun
dreds of other families in Oklahoma City contracted severe colds hy
reason of not being provided with gas to heat the houses and many
of said persons have contracted pneumonia, bronchitis and sever
colds and have in other wavs had their health impaired by reason
of said conditions: that in addition thereto great niunibers of fam:
lies were required to purchase stoves and fuel for the purpose of
warming their houses and of preparing their meals, and in maan

instances being unable to procure stoves and fuel have heen
A4 compelled to resort to hotels and te live im hotels at great
expense and inconverence to themselves, and in addition
have had to employ the services and pay doctor bills and purchase

OKLA, NAT. GAS CO, Vs. THE STATE OF OKLA, ET AL, 29

medicine, to the great damage of such persons, all of whom are
yatrons of said company.

That ih addition thay business comeerhs that have heen wholly
jepeudent lipon gas have heen compelled to suspend: their business
jurine the said period of trae. any of which are suspended at this
cme by renson oof the fathare of the satd Oklahoma Gas & Electric
Company to furnish gas to be used ta them business, all of suid busi-
ass being so stispended at great loss. datmiage, detriment and imneon-
ehience to the proprietors thereof and te therm patrons.

That the Gnderstonmed and all patrons of satd Gas Company have
gid hurge sans of tnomey di months and vears previous, in pavinent
f vues purchased abd coustumed bw each thereof, and dive during
aid period of time depended amd relied upon satd Company to
hich an adeg tate supply of gas to paced their needs anid Hecessi-
es and the satd Gas Company has at all times had fall knowledge
hat the utiderstgned: and tts patrons generally have depended Upon
nd }ysave relied thpron the “itt COTEEP ATEN solely to furnish Lis for the
ious Uses ated needs: that tn addition the said Gas Company has
tall times duurime the stummmer aud tall of this wear dn various wavs
sired the tudersigned and all patrons of said Company and users
f(ias dn Okla City that they liad arranged aid provided for an
equate supply of gas to the constiners forall purposes and under

conditions that qaight be reasonably comtetiplated and antier
ated, and that the undersigned and all consumer. of gas have fully
lied tiprot sald) assurance ana deponded tiprona said COMA to
vake good and te fualtill wt- said) assupanecs.
This conmplainant would further show that under the rales
os of the said Oklahoma Gas & Electric Company heretofore
promititvated and cuforeed agatust the consumers of gas, that
cid company tpot reftisal of consumers to pay their gas rentals re-
candles. of the enuse therefor have discontinued the gas service from
seh constimers abi biave: ref tise dite furnish further Gits Lo ste h per-
ens and that the sated company now threatens all consamers of gas
ho maa Ve tise or decline to pon the approved vias hills and who
wy have a just and legal defense and good clams thereto, and who
ave suffered the detriment. damage and imeonvenience heretofore
entioned: that such company will immediately, wholly and
romptly cliscontinue the said gas services to persons so declining and
fusing to make payinent of their gas bills and that unless this Com-
ussioh diakes an order restraining, prohibiting and forbidding sald
nds COMP TETEN from Carrying dnte execution the said threatened dis-
tintianees of said gas services of all persons so situated, they will
rely occasion suel persons mach suffering and discomfortare. and
seat tinanetal toss and damage,

Wherefore, this comp lanntnt, for hhinnself’, and on behalf of all
ther of said patrons of the said gas company and consumers of gas,
sspectfully asks this commission to seta day for hearing this cause
ad that notices be given said Gas & Electric Company of such hear
wand that durine the pendeney of the hearing herein, this Com-
sion inake an order restraining the said Oklahoma Gas & Electric
Supany from in any miamner cutting off impairing or discontinu-

PUNE WE ASI PIN ie PLEA Rl IO FORO oe iy

30 OKLA. NAT. GAS CO, VS. THE STATE OF OKLA. ET AL.

iny the said gas serviee te this complainant and all other patrons of
the suid Gas & Electre Company, and consumers of gas, who may
have a just and legal defense or counter claim: to the elaim: of sue
(as Company agarist such persons: and that Upon oa further fea.
Ine herem the said order may be nade permanent until sue
ti persons ane the sid Gas Compatiy may adjust their dithient
or their legal rights be determined not court of Coltpeten
jurisdiction. and for sueh other, further amd proper relief as tay ts
Warranted, and that in aedldlitions such penalty hae enjoined Upon, and
against sid Gas Company as ander the law and faets in this eas
tay be warranted. and for such other and general relief as the Con:
Mission may deem: proper.
(Sed. ) T. F. DONNELL.
A. T:-BOY¥S.
Issistant Mun werpal Coun velar
CHARLES SELBY,
County Attorney,
PORTER Th. MORGAN, |
Assistant County Attorne 7
idarsed To the TTanoratel- Corporation Coimilssion of the Stat
of Oklahoma. In re Gas & Electric Company. Complaint. — Filed
December 12. 1917.

De Thereafter. and on January & TOTS. the Oklahoma Gas ¢
Electric Conupans filed) its answer an cause No, 3192. which
said answer is in words and figures. following to-wit:

as Before the Corporation Comiunission of the State of Oklahoma
Cause No, 3192.
T. PL Doxsenr, Complainant,
+o,
THe OKLAHOMA GaAa~ & Enrerrie Company, Defendant.

Answer,

The defendant, the Oklahoma Gas & Electric Company, answer
ing the above complaint. adtmits that the complainant is a resident,
citizen and tax-paver of OkKlahoria City, County and State, and «
patron of the Oklahoma Gaz & Electric Company, and a consumer oi
gus for dotiestic purposes.

The defendant states that it is a corporation, organized and op
erating under the laws of the State of Oklahorin. and among other
activities is engaged in distributing uatural gas in the City of Okla
homa City as agent for the Oklahoma Natural Gas Company, whieh
last named company is Likewise a corporation existing and operating
under the laws of the State of Oklahoma,

re ee an . Pr NR A AA ae Sib Ae TNL REE IRR LFA TYAN EMAL IS ec

OKLA. NAT. GAs CO. V8. THE STATE OF OKLA. ET AL. 31

The defendant further states that it is the owner of a franchise
fom the City of Oklahoma City. permitting it to distribute in said
(itv nattiral gas to the said City and the citizens thereof,
The defendant further states that aside from the contract
“4 eNistine Letween i! and the Ok lihvorae Natural (ras Company,
there is no relationship between it and the Oklahoma Natural
ris Company, aid states that there are Hho Colmtiion stockholders, di-
tors or otlicers as between this defendant and the said Ok dahon
\atural Cas Conipaniy,
The defendant acluaits threat covering the period of December Sth,
ch. 10th and Tdth 10d. the letaperature in Op dabionnea City uver-
ved below freezing. and that under the extreme weather conditions
hich did prevail ith Oklahoma City during thie sald period mien-
soned. there was a vis shortive andl sdiaits that there Were Instances
hen sid shortage did Cultise ~ulleriny, but denies thrat during said
eriod of thine the said Oklahoma Gas & Eleetric Company wholly
sled to furnish the complainant und the reminder of Colstners
1 gas in Ook Tethvonnace City. vas in suflicrent quantities to lnecet domestic
irposes, and wholly tsutiicient to enable the residents to remain in
weir hotties Without eNTretue on additton te thraat we have here alate lis
of the stock bolders NY: Ie ss brats thee list . aT stock a itself qs i
the rial TiGWoaony thre Witt dren those ite public records, krvewn +
evervbods whe are posted,

Commissioner Humphrey Mr WeKay. do vou reeall whether,
hat these COMP AT TOs have reported sabitecuaddy

Mr. MeKav: Tam not sure whether the Oklahoma Natural Qos
Co. have reported every vear or not: T think the Ok advo Gas ¢
Electric Company have

Mr. Reiss: I will UTa DP peti tres that thr stock Wile Tratisterred
Chicago: didn't bring the “took hook hayt havea }ist vinieley thats at
December 31st. Tf necessary con ean examine that Jit,

Commissioner Humphrey: Mr. Ruth and Mr. Selby ean» cain
the records.

Mr. Selby: T would like to join in the demurrer te SOTO Parts «!
the answer. whielh in its nature ie confisine taken asa whole. and
that is the inability of the eas company te vippely thee adeqnat
supply of gas as the daw requires. The duty is clear as to a publ
utility: its mnabilite te comedy weth the requirements of the pauabh
m meeting the conditions. that is in He respect a defense: the las
In this state requires awsuiffierent sone side ey tbeate sripply of eas. and th

mere faet that ther bisave net been able tole soos ne defens
SH Commissioner Hinphrey We have an order te that effee

and af they are net dotne it, we will finn therm: let the de
murrer be over-ruled and proceed with the evidenes.

Mr. Selby Exeepted te. by Mr Selby,

Hexry M. Gravy. being duly miles away up the main ql

lines, |
2 Q. You are able to state positively that there is ne air ;

mixed with the gas?
\. Yes sir, 4
Q. You state that the pressure is 30 pounds at the eity Innits, ven :
mtmean that pressure is carried into the city” i
\. No sir, We have a helt svstem entirely around the sVstem inte i
ich that 30 pound pressure goes, we have 20 regulators around
pat system which regulates the pressure to the city: each reanlater

scare of a limited territory. reducing the pressure down te from

w 6 ounces.

. You deliver it at 4 to 6 ounces pressure?

\. Yes sir.

Q With reference to the meters. [ will ask vou to state if the

Hers are adjusted to measure gas at a certain pre=sure: would you
ameter in Mr, Selby’s house of the same kind that veu would

~on the main line of 100 pound pressure?

A. No sir.

Q What is the principal invelved in the construction of one of
€ meters?

A. Essentially it consists of a bellows mechanism. and a clock

‘kof chain or fear wheels, which when the pressure forces to the

Ath en ene

70 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

point of its capacity the expansion releases the valves which s
over to the house side: it is an alternating movement: it is spoken
as a diaphragm: in the meter.

Q. It is regulated to measure the number of feet of gas go
through regardless of the variation of pressure?

A. Yes sir.

Q. When vou speak of the difference in quantity and volume wv}.
de vou mean?

A. To tried te find out what Mr. Ruth meant by quantiny: 1
meter measures volume.

Q. That is it measures the number of cule feet of gas’
125 A. Yes sir.

Q. Take the case of Mr, Ruths a certain: receptacle fo
square and put in 6 ounces of pressure, the volume of gas would 4
a cubie foot, it woulda’t make any difference whether i was 6 onne
er five pounds, if but one ounce it would be greater under high pr
sure?

A. Yes sir.

Q. The measurement of that gas through a meter with six oun
pressure would be no more than with 4d onnce pressure’

A. Yes sir,

Q. What does the meter do?

A. Tt measures volume only.

Q. Regardless of the pressure the meter only determines the \
tine of gas passing through?

A. Yes sir.

(). How many gages are there on a house meter: Mr. Ruth v
talking about their gaze showing two movements ¢

A. The ordinary hense meter has four dials) they Thave a tl
Cial in one corner. and some have two tally dials: those four di’
ore merely multiples of one another: it reads from thousand. tom
hens.

(), What is the object of having four dials?

A. So as to pick up the accumulated amount of volume, whater
the meter may be, and won't have te go back to zere so te speak an
hegin over: Just a question of subtracting to get the difference,

Q. Do vou make the meters?

\. No sir.

Q). Where are they made”

\. They are made by Helme & MeFlvaney of Philadelphia.

Q. How long have they been in the business”

A. Limagine about 75 vears, as long as the gas business has he
here and go as far back as the making of artificial gas started: the

are a standard meter.

b24 Q). What efforts do von make to keep your meters accurat

\. We test them periodically by putting through what "4
call a prover which checks the volume recorded by the meter itselt
these provers contain so many cubic feet of air or gas, whatever yer
choose to test with. and the meter is connected to that known volun
and all of its contents ure foree- out of the original contamer throu!
‘he meter which shows the difference that regulates the amount cal’
brated, the meter is passed on as correct.

— SNES EEL PRT PEE REEL, BO CARRE IE NAS SE LS PY ES RT RL DS ASE LET RO

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 71

Q. What are the rales of the company with reference to testing
{meters for consumers?

\, We usually test the meter for the consumer without any
harge. We invite them to be present, and see for the meselves the
vat that we make,

Q. I suppose they do sometimes get out of order?

\. Yes sir. They are more apt to get out of order and run slow
han fast: it is the nature of things to drag through use. and that
wards the mechanism.

Q. You would be willing to test Mr. Ruth's meter for hime at any
‘ime?

QW. Yes sir: we would be glad te, and let anybody else see the test
nade that wants to see it. |

Mr. Reiss:

Q. When vou say vou made no effort to keep up the pressure to

pounds, vou meant to say you had no way vourself of keeping
jat pressure up, but that vou had ta depend on the Oklahoma Nat-
ral Gas Company for that pressure?

\. Pmeant we had no mechanical means: we keep in close touch
oth the station or with the field: and advise them as far as possible
advance of conditions: if we notice a sudden drop in the line we
wmediately get on the phone and if possible find out what can be
je to correct it; T didn’t mean that we didi’t make any effort to
wp it up to that pressure, but meant that we had no mechanical
weans by which to do so.

25 Mr. Selbv: ;

Q. Speaking of those meters correctly recording the volume of gas, ;
nacase covering a period of six or seven days that the record of that ;
yeter showing a volume of gas substantially as would cover the sane

vriod at another time under normal conditions, do vou mean to say
hat that meter would record correctly for those seven days when the
us Was not burning”

\. In the first place that was not the case: assuming as witness
“tified in this case. that the showing by those meters was the same
shen there was no heat as the showing was the same so far as vol-
me of gas passing through, and other times when there was a nor-
val pressure, T mean the meter measure- volume irrespective of pres
are,

Q If the same volume was going through at two different per ods
ftme would not vou get the same volume of flame?

A. The volume going through the meter under & ounce pressure
spractically the same as under 2 ounce pressure,

Q. If there was a low pressure and there was no flame, no heat,
wt the meter was recording at about the same rate as it does under
ermal conditions, what would you say about that?

\. With the same number of burners at the same distance. the
mount recorded by the meter would be the same.

——————————eeeeereeeeeerereeeeeereeereeee

REID A, SRLS PST AE LIT EEOC LO PRE IIE I I EAN BBL

72 OKLA. NAT. GAS CO. Vs. THE STATE OF OKLA. ET AL.

Q. In one case vou would have heat and in the other vou won!
net. how de vou account for that’

\. The meter measures velume at different pressures.

Q). Where no flame results there would be ne volume would ther

A. The volume would be the same.

Q. And every customer would pay for the same volume at the th
different periods?

A. Yes sir

). You sav those meters operate only by gas volume. is it a fae
that vou can take these meters and operate theme wath a baeye

air pump?
126 A. Yes sir. air is gas; the mechanism ean be operated hy

any gaseous pressure going into it. Put 1 16th of an oune
against it and it would not move at all.

Q. You sav the Oklahoma Natural Gas Co. is your only soure
of supply?

A. Yes sir.

Q. Will they sell gas outright?

A. I don't know.

Q. You have never tried to buy gas directly from them?

A. No sir,

Q. When did the Oklahoma Natural Gas Co. commence making
its conneetions with the Morrison field: when did they begin laving#f
pipe?

A. It was in the summer.

Q). When were the connections made by your company wit!
Yukon and El Reno?

A. The Oklahoma Natural Gas Co, ran their pipe to EL Reno and
in going by connected with Yukon.

Q. Didn't connect with vou?

A. No sir.

(). When was the connection made?

A. January a vear ago.

Q. In vour judgment if the connection between El Reno and
Yukon had not been made, would it be possible to furnish Okla-
homa City with the quantity considered adequate and diflicient?

\. Do vou refer to the gas shortage recently?

(). Generally, whenever it occurs?

\. IT should not think taking that off the line would appreciably
affect a town of this size: we have a population of approximately
100.000 and there is not ever 10,000 in EL Reno, and figuring on @
household consumption it would not be ever 1 10th added te wha
we are not getting, not over—lL 10th added to what we are not ge-

ting. or 10°, something like 2.2 ounces.
127 Q. You think the quantity used by EL Reno and Yuken

added to the supply to Oklahoma City would not have had
anv material appreciable effect?

A. No, | think not.

Q. Under that theory a population the size of Oklahoma City
taking enough gas to furnish towns of that size would have ne mi
terial effect: like El Reno and Yukon?

A. It wouldn't make much difference.

_ PROBA NE OLR ERS BST IER TC OME IS LER PEL LIE EPI NGS Fe ed

OKLA. NAT. GAS CO. Vs. THE STATE OF OKLA, ET AL. 73

From what connection does Norman receive its supply?
They don't have any connection.

Where does Guthrie receive its supply?

_ From the Oklahoma Natural Gas Co.

Edmond?

_ From the same course.

Where does Sapulpa get their supply?

I don't know who supplies Sapulpa.

_ Where is Edmond connected?

The Oklahoma Natural has a line east and west at Edmond,
ie line that comes into this city runs north and south and passes
+ Edmond at a point opposite the line is taken off; it is entirely
utside the jurisdiction of this line.

HOPOL-oProre

Mr. Ruth:

Q. You have stated in one instance that certain gas contained
«0 BT. U. heat units?

\. 1 quoted that as one sample of 7 or 8 tests taken by the gov-
mment in the State of Oklahoma.

Q. Suppose that there was 960 B. TL U. in a eubie foot of natural
gs under a 30 pound pressure, and the 30: pound pressure was re-
ined to a half ounce pressure. as the paper quoted, would it be re-
ined to 1 960th of 30 pounds?

A. The 960 B. T. U. was taken under atmospheric pressure,

Q. Assuming there was that many heat units under a 30 pound
vessure, and it was reduced to a half ounce pressure you would have
| 1 960th of it, but vou would have the same volume?

28 A. A eubie foot is a cubic foot, no matter under what
pressure,

Q. So vou would have the volume, but not the heat units?

A. Yes sir.

@. You sav the meter would register volume the same”

Commissioner Humphrey: We have a case with the Kansas Nat-
ml. invelving the same proposition at this time.

Mr. Ruth: [ tried to get a report of that whole affair, and also a
qort from the State Chemist at Lawrence, Kansas.

Judge Ames:

Q. You say those B. T. U. were taken at atmospheric pressure?
A. Yes sir.

Q. How much gas did vou deliver to the people of Oklahoma
(ty during that cold spell?

A. Prior to the connection with the Morrison Pool?

0. Yes.

A. We estimated between 12 to 15 million feet: we delivered
servthing that came to us.

Q. You make it a rule to give preference to domestic consumers?
A. Yes sir.

Q. During that cold spell vou cut off all commercial users?

A. Yes sir,

RL OTR ta ui DARL AAPL Ie MNO IN Ow Private

74 OKLA. NAT. GAS CO, VS. THE STATE OF OKLA, ET AL.

(

2. You burn fuel oil?
. Yes sir. |
Q. What is the relative cost of fuel oil and gas? |
A. Fuel oil at present market cost between four and five times.
what gas does. |

Q. What is the ordinary pressure on the pipe line at the ep
gates?

A. From 200 te 250 pounds.

Q. What was it vesterday morning?

A, 220 pounds at 5 A.M,

129 Mr. Ruth

Q. What was it vesterday noon?
AL % pounds.

Mr. Selby:

Q). You stated as to the average quantity of gas delivered to thy
constuiners during these particular days, what is the normal quantity
of gas delivered to consumers. the average? Under Lomi peratur
sav LO above?

A, We have no means of knowing of lew much we deliver in
one dav; we read the meters every month,

Q. You testified as to the amount vou did) furnish during thos
particular days?

A. That was because we knew the pressure. the ly-pass was open
and nothing was held back.

Q. Can vou get the same data as te normal conditions in the same
manner?

A. We might by digging into our records: do vou mean to go back
two or three vears?

Q. When the population was about the same as it is new?

A. The consumption is increasing every day,

Q. T mean as te about the amount of gas that vou deliver to th
consumers of this city under normal conditions?

A. Twill have to ask vou to define normal conditions: during thr
month of November the daily average for domestic purposes for th
month was 5.452.200,

Q. Do vou mean the daily average was about 1 3rd of the amount
that vou delivered during the cold days?

A. Yes sir, That is an average over 30 davs,

Q. What Tam trving to vet at) vou delivered from 12 te 15 mil-
hon feet a day during those cold days now under consideration; |
would like the court to know about what has heen the average
amount delivered on days or time where the temperature was. the

same?
130 A, Tam not prepared te answer that question,
ee

Judge Ames:

Q. Suppose von take the month of Jannary——

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA, ET AL. 10

Mr. Selby:

Q. What I want to know is how you can give this information as
10 those partic ular davs and can't give it for similar days at a differ-
ent time?

Because T haven't the data before me.

Commissioner Humphrey: During 115 and 1916, Mr. Molinard
that is an estimate capacity of that size line at that pressure?

A. Yes sir, On ~ cold days we were not using the capacity
af the regulators, the by-pass was not open: and there was from 50
0 7) pounds hack of that: vou can’t compare a whole month to a
few days and get an inte Higent comparison.

Mr. Selby:

Q. Did vou ever call attention of the Oklahoma Natural Gas Co.
wo that condition ?

A. Yes. night and day, morning, noon and night,

Q. During this time have vou continued to add new subseribers
and take on more new customers?

A. Yes sir.

Q. What is the policy of your company and the Oklahoma Nat-
ural Gas Co, with reference to shutting off a customer for refusing
pay their bills on account of being charged for gas they have not
used ?

A. We maintain we can legally ask the customer to pay for what
has been measured through the meter.

Q. Assuming a meter should show so much, and a party. sets
around a gas stove with no fire they would not have to pay for some-
thing they didn’t get, would they?

A. If the meter was recording, they were getting gas,

Mr. Ruth:
131 Q. Volume but not quantity.

Mr. Selby:

Q. So vou trust your meter in preference to the word of a person
dtting before a steve and sees that he has no tire, and knows that
he is net getting gas?

A. Yes sir.

Q. That would be true if it were in vour own home?

A. Yes sir.

Judge Ames: What part of vour average daily delivery went to
the domestic consumers during the month of Jannarv, 1917?

A. 11,851,500,

Q. Go back to November, P17, and state the total average daily
delivery for all purposes?
A. 17.468 thousand.

Q. During the cold weather in December, that we have been talk-
ing about, you testified that vou cut off all boiler gas?

RD ence ce pia 9 EHTEL 00 RI BIE! IN ALL BTA AMON MAF OT»

76 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

A. Yes sir.

Q. Take such consumers a= the office buildings, what do vou do
with them?

A. They are classified as domestic users.

Q. In other words are not classified as manufacturers?

A

A. No sir,
Q. Did vou ent them off?
\. No sir.

Q. You served all the restaurants in the business district’
A. Yes sir,

C.H. Ruth: As to complamants, we rest,

R.H. Barrier, berg duly sworn, testified as follows :

Judge Ames:

(). State your name?

A. RH. Bartlett.

Q. You are an officer of the Oklahoma Natural Gas Co,”

A. Yes sir.
132 Q). What office do vou hold’?
A. Viee Prestdent and Preasurer,

Q. How long have vou been connected with the Oklahoma: Nati
ral Gas Co,’

A, Since its organization.

Q. That was in 1906”

A. The charter was taken out in T9006. started business in 1907,

Q). Is that company supplying gas in Oklahoma’

A. Yes sir.

Q. What cities does it supply?

A. At the present time we are supplying. Muskogee, Claremore,
and several towns in that distrret. “Pulsal Sapulpa, Chandler, Bris.
tow, Guthrie, BE) Reno. and uiterurban towns on right of wa be
tween Tulsa and Oklahoma Citw. Tulsa, and Oklahoma City.

Q. From what source do vou secure gas? Or rather from what
fields”

A. At the present time we are not getting any large amount of
gas from north of “Pulsas we have a tield in the Osage Nation. but
it Is pretty well depleted, eet gas from the Bixby field one west of
Okmulgee and in the Cushing district: Stroud and the mew Morri-
son field: we have a supply in the Blackwell field not connected with
this line supplying this town,

Q. What was the general situation with reference to supplying
gas in the state two vears ago”?

A. The supply two vears ago was in very good shape as to the
amount of open flow volume in the wells, particularly ino the Cush-
ing field.

Mr, Selby: Objected to as not definite and certain,

OKLA. NAT. GAS CO, VS. THE STATE OF OKLA. ET AL, Vi

Judge Ames:

—Q. What was the approximate open flow volume of the Cushing
field at that time?

\. Something like 700 million feet per day.

Q. What is it now”

A. Available for use in our pipe lines it is less than 100 million
feet per day,

Q. When did you build into the Cushing field?
133 A. In 1912. | think in the suminer,

Q. What part of the gas from the Western and of the
present system has been taken from the Cushing field”

A. Practically all the gas developed and transported in our line
had gone west. Most of it at this end of the line is secured from
the Cushing field in the last two years.

Q. When did you first begin to consider that the supply of gas
Was going down, and necessitate vour locating in new fields?

A. Two years ago in December we realized that it was necessary
wmake some Very extensive enlargement ino our facilities,

Q. What did vou do in December, 115%

A. We ordered a large amount of pipe.

Q. 1 would like to get vou to state the various things vou have
Jone about securing a further supply of gas than that whieh was
then in reach of your pipe line system,

A. Two years ago this fall we realized that our pipe line system
w Oklahoma City was inadequate: that is our trunk tine: we hadn't
wally been short of gas up to that tine, but it had been taking the
apacity of our pipe tine: there was a large volume of gas in’ the
Cushing district and we decided to double our carrying capacity ;
the Direetors on December Lith, 1915. passed a resolution to pur-
chase BO miles of 16-inel pipe. and to lay them from Oklahoma City
and back on our present right of way, with the idea after we had
wmpleted the 30 tiles of 16-inch pipe we would take up the 12-
inch pape line and relay that back, giving us double capacity for 60
wiles, or particularly to the Cushing District.

Q. You mean the carrying capacity of the 16-inch line equalled
the capacity of two 12-inch lines?

A. Yes sir: on January Ist, 1916, Watchorn drilled in a large
vs well. in what is now known as the Morrison field; Mr. Crockett
af the Fortuna Oil Co., had some interest in that well, and business
vlations with Mr. Watehorn closely adjoining this well; we opened
uevotiations with Mr, Crockett for purchasing the gas from this

field early in the spring of 1916; shortly after they drilled

134 in this Watehorn well Mr. Crockett seemed to be willing to

do business with our company, and it looked favorable for
waking a contract with him; at that time negotiations were carried
out for several weeks over the telephone and 1 think two or three
versonal conferences between Mr. Croekett and Mr. Braden, President
four company ; our order was on the books of the National Supply
of Pittsburg for 30 miles of 16-ineh pipe line gave us the option
ff changing the same umount of tonnage to diameter of pipe;

78 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

negotiations with Mr, Crockett reached the point where we thought
he was about re ady to close the deal: we even started a survey from
Guthrie to the Morrison ticld to the Watchorn well; about that time
Mr. Watchorn started a well on his own acreage; when we started
our survey we changed our order with the National to 40 miles ¢
12-inch pipe in the place of 30 miles of 16-inch pipe with the ide
of laying pipe from Guthrie; about this time negotiations with Mr
Crockett were broken off, he having decided that he would first de.
velop his acreage: T believe he mentioned that he would rather de.
velop his tield and sell it as a whole rather than sell the gas; thes
negotiations were carried on from time to time between Mr. Bradep
and Mr. Crockett, but failed to make a deal, and we re-shipped
what pipe had already come into Guthrie and Stillwater, and two
or three other little towns on our old right of way, our original pipe
line to Oklahoma City. and decided to use the 40 miles of 12-inch
pipe to double back and increase our pipe line capacity ; we laid that
12-inch line in the late summer and fall of 1916; in faet it ran
pretty well into the winter before nce vot to Wellston, a distance of
about 300 miles; around the first of January, 1917, before we com-
pleted that 30 miles of 12-inch line: about that time when we com-
pleted the line. In the meantime, additional wells, at least two more
wells were drilled in this Morrison field; at the same time there
were two dry holes drilled north of the original Watchom
135 ~~ well; the producing wells were south; along about the same
time there was a well drilled in what we call Engles, a small
town near Stillwater, and another favorable showing at Perkins,
south of Engles, it gave the ear marks of two new pools on a direct
line between Wellston and the Morrison field; practically a direet
line, owing to this additional development, particularly the well at
Engles which Mr. Crockett has some interest in, in some manner
we opened negotiations with him for the purchase of that gas at
Engles; that well was quite a large well; we actually made a con.
tract with Mr. Crockett at that time for the purchase of that gas;
we made a survey to that well, and purchased an additional 10 miles
of 12-inch line. At that time the idea was to take that gas from
Engle over into our Cushing line so that later when the pressure
went down we could put it in our Compresssor station in the Cush-
ing District; before that pipe arrived, in fact we purchased that pi
from the Kansas Natural Gas Co., as a sort of a loan, so we could
get the pipe quickly; that pipe was shipped from some point in
Kansas to Yale; at the same time a 6-inch line was laid to the town of
Stillwater from this well. |

Q. Was that laid by you”

A. No sir. The well had only been in use for a short time when
it began to go down very rapidly to a point where we did not feel
like investing the cost of 10 miles of 12 inch line on the strength of
one well going down so low.

Q. You were advised that it would not be advisable to do that”

A. Yes sir, Then we opened negotiations with Mr. Crockett the
2nd time for the Morrison tield. That was in the spring of 1917.
We had our 30 miles of parallel line, double line up to Wellston; it

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. re

iad given us considerable increase in capacity ; we were still using the
(ushing vas: the negotiations opened with Mr. Crockett the 2nd time
wked favorable: the war conditions coming on, our Board met in
April, 1917, and passed a resolution to order enough pipe

6 with what we had in stock to reach the Morrison field.
Q. That was before vou had contracted for the Morrison

’

as:
4. Yes sir, We open- negotiations with the largest Tubular Mills
athe Pitt!burgh district for quotations and possible delivery ; it was
namored at that time that the govermment was going to require a
lge amount of pipe: the Ul S. Steel Corporation, through their
wents refused to quote us, or promise delivery under one year; the
Youngstown Sheet and Tube Co.. the largest independent Tube Co.
atside of the U.S. Steel Corporation, seemed to consider our quota-
sons favorable and we tinally closed a deal with them on the 7th day
if May for 25 nnoles of 13 inch pipe: we had in stock then something
tke 25 miles of pipe: some we had left over from the 40 mile order
ad bought from the Kansas Natural Gas Co., which we did not use
wgo to Engle, and a few miles of surplus stock: we then made a
aurvey.

Q. That pipe was purchased on May 7th’

A. Yes sir, Up to that time we had been unable to agree on a
watract With Mr. Crockett.

Q. What promise of delivery did you have on that pipe”

A. The Youngstown people promised to make and deliver the
pipe from time to time as they could get an idle furnace, they at
ast would make no definite promise as to a complete delivery after
vehad urged them repeatedly.

Q. What was the reason for delay ’

A. They had already had requests from the Government for re-
wrts as to their capacity for making various sizes of pipes, and ad-
vsed to hold themselves in readiness to fill government requirements
na very short time; the goverment was not very specific in their
myuests at that time, but enough so that the mills were under
warantee, in fact they told them that they would allow them to fill
mers already Looked, but not to make any definite promise for
future deliveries until the government requirements were taken care

of.
ae 1} was in daily communication with the factory and we felt

that it might be a year before we could get a mile of pipe; we
id not Know what was going to happen; we were advised in the
ammer that they would probably be able to deliver 5 miles in May
‘June, so that we would get 25 miles of pipe by the first of October ;
hey actually delivered 2?) miles in May and 31. miles in June, and
pto the middle of August we had received about 10 miles of the
mer; I will go back now to the spring of 1916, in April there was
slarge gas well drilled in what is called the Fox field and Healdton
by the Gypsy Oil Co.. owned by the Gulf interests: we had been
wing gas in the Cushing. and Bristow of the Gulf or Gypsy Oil Co.
then the second well was drilled in the Fox pool we opened negotia-
wns with the Gulf prople; IT believe we sent a man down there to

x
Bs.
:
et

a i Far ees kOe 2

te eee) e

80 OKLA. NAT. GAS CO. Vs. THE STATE OF OKLA. ET AL.

test the wells and get a report in that district; we intended to m
a contract with the Gypsy people for gas; they were to drill addition,
wells and develop enough gas to warrant the building of additions
pipe lines a distance of about 75 miles; we had both of these negotiz
tions under consideration at the same time; we took up with th
Youngstown people the matter of buying additional pipe, and it we
rather uncertain as to what we could do; the Gypsy people in onde
to make a contract with us, wanted to know something detinite as
when we could put in a pipe line into the tield; we couldn't give they
any detinite date: The Lone Star Co.. of Texas had also opens
negotiations with the Gypsy people for their gas; thev had a line i
that district, | don’t know how far: although the Gypsy people wer
very friendly as to our business relations, they of course looked at th
matter from the uncertain standpoint of pipe line from that tield y
Oklahoma City, and the certainty of the Lone Star propositio
swung them in line with them. and they made a contract with th
Lone Star people, but as | understand, there was a verbal agreemen
with some of their officials, it was contingent upon certain conditions
if there is sufficient: gas developed We Ty still be able to get i
there.
138 Q. Did you finally make a contract with the Morrisor
interest, and if so on what date”

A. After talking with the Youngstown people, our definite orde
for 25 miles of pipe on June 4th, we ordered 45 miles additional 1:
inch pipe, and the best promise we could get from then: was deliver
on or before April Ist, IES: the order is still on their books; afte
we surveved our right of way from Wellston to the Morrison field
we found that we were three miles short of 12 inch pipe: in July w
notitied the Youngstown people we would require three miles addi
tional 12 inch pipe. whieh they agreed to furnish as soon as they
could get to it. Going back. up to the middle of August we ha
about 35 miles of 12 inch pipe either in stock or on the way: we mad
a contract with the Braden Company to construct 53 miles of lin
to the Morrison tield: our negotiations with Mr. Crockett were finall
consummated on July 8rd about: 1 am not certain as to the date: }
was several weeks after the pipe was ordered; with 35 miles of pip
on hand we were able to make a contract for the laving of the lin
even with 1S miles of indetinite delivery: we did not know when w
would get the balance of the 1S miles; we again took the matter y
with the Youngstown people: Mr. Braden was on a coriittee, or:
sub-committee connected with the Council of National Defense at :
convention the latter part of August, he met Mr. Campbell and talke
with him in regard to this IS miles of pipe. and Mr, Campbell sug
gested that we take it up with Washington officials, and promised t
do everything in his power to get that pipe for us, and said he woul?
report to us as soon as he got back, whieh he did: they then made:
detinite promise of delivery of 10 miles in September, and the othe
8 miles in October. That was the first time that we had a definit
promise of what they would do: we assumed that we would get tha
pipe and went to work on the line a little after the middle of Augus

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA, ET AT. S]

sith equipment capable of laying one mile a day as long as they had

pipe.
139 Q. How many miles were to be laid”?
A. 5&8.

QY. When did you start”

4. 25th day of August; and figuring on that basis we would have
jnished before November Ist; we did lay a mile a day for some time ;
shen our Contractor notified us of labor troubles and that he had been
weived by other contractors looking for laborers: from his own
gatement he had to raise his wages to his men twice in a short time
norder to hold them and then he was unable to hold them all; the
as company to the north were rushing a large line to the Blackwelt
sed who were hiring all the men they could get; there was also
nother large line under construction to St. Louis; that comipeny
hired men regardless of price; from hearsay we understand they
vere paying from $3.50 to $4.00 per day; the contractor began to
verry for fear he was going to run out of pipe: Mr, Molinard aw
yell as ourselves were doing considerable worrying; | came to ‘Tulsa
fom Pittsburgh on the 27th or 28th day of September, and investi-
sated the condition of the line myself at that time, and about the Ist
{ October we had some 21 or 22 miles laid complete; the deliveries
a September were cut in t-o; they only shipped 6 miles instead of 10:
ve took the matter up with the Youngstown people again by wire ;
wr officials at Pittsburgh took it up in person with them: they said
hey absolutely could not fulfill their promises, not only on account
if government contracts, but they were only running half time due
wa shortage of coal, in fact they did not have enough coal at that
‘ime for domestic purposes; along in the middle of October we real-
wd that we were going to fail to complete our line; at that time we
tad moved up the date to complete the line to December Ist; that
vas When we hoped to complete it; we had hoped to complete it by
Yovemmber Ist; we thought we could complete the line by December
ist. and several of our officials made a special tour of inspection over
the field in October, a little past the middle of the month;
they made certain tests on the pipe line system, that is we
had a duplicate pipe line from Depew Junction to the Cush-
ing field to our compressor station, one 10 inch and one 12 inch
line: the 10 inch line had been laid the year previous in our scheme
f parallelling the trank Jne to Oklahoma City, inthis inspection
tip they shut off the gas on the 10 inch line, and found that the re-
luction of pressure was very slack; the 12 inch pipe line able to take
are of all gas in that field they decided to lift the 10 inch Tine and
hip it to the Morrison field to complete that line; we took it up with
the contractor, and he said he couldn't get the men to lift this line,
ind advised me to look elsewhere, which we did; after negotiations
sith two or three different firms in Tulsa we made a contract with
Williams Bros., of Ft. Smith, to take up this 10 inch line at an ex-
tremely high price and ship to the Morrison field; I believe they got
«ganized and started to work about the 25th day of October, and in
ix davs the first pipe was pretty well on the road to the Morrison
dd; they had a congestion in the West Tulsa yards which delayed

6—312

82 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

the movement of that pipe; we took the matter up with the Fris
officials to sce if we couldn’t get this 10 inch pipe delivered ; they ;
sured us they were doing everything possible to move those cars
pipes we were still after the Youngstown people, and about Dec 54
had word from them that they hyped to ran 5 miles of pipe: ina
meantime they had not made a foot of pipe since the middle of Sy
tember: | think there was one stray ear load of 12 inch pipe th:
reached us during the month of Qetober. When we received wor
from the Youngstown people that they would make another 5 mul,
of pipe te he shipped out November Sth, TP teok the matter up witht
“Jenks es commonly called Sprott rs, who have a large sVstem
tnen in all large congestions of frerght over the U.S, to spot cars ap
try to keep them: moving. and entered into a contract with them:
keeps these pipe tmroviie from Youngstown to the Morris
111 field: anv time one of those cars were thrown on a siding the
were to have aman there to tind out the reason why it wasp
on the stding amd see that it owas putoon the next train going oy
“ hich thes lid: thier spootte al those cars over S00 ditferent hiovelueng
as TP remeniber it. uo eost us somewherearound S500 00 for that servie
at the same time we tried to borrow pipe from: a company in Wiehitg
eh from: the Kansas Natural Gas Co. we found sone pl «in Kans
that we could have purchased. 2nd hand pipe which had been in ¢
vround eightor ten vears, but would not be able to get it any quick
than the pipe we were lifting: our pipe began to arrive at Morris
ohoor about the 10th day of November, We hauled it out and strun
italong the myht of wav and the men watching for every truck load
in the meantime we were receiving daily reports from the Jeni
Trathic Bureau letters and telegrams from the spotters from: Youngs
town clear down inte Oklahoma giving the number of the cars an|
the ports they passed at such and such a time of the ~y or night
I don’t remember the date the first car load was received, but it was
little under 30 days from the time it left Youngstown. They mad
ubout four miles of that five miles of pipe and shipped out something
over 212 or pony ily 3 miles, when the government put an embarg
on ears, and the balance was left standing on the switch vards }
the Youngstown mills: some of that pipe reached Morrison in tim
to go into that line before we used all of that 10 inch pipe. [ty
lieve there is about S miles of that 10 inch pipe, and the balance i
iZ inch.
Q. Have they ever completed that shipment?
A, No sir.
Q. You had not been able to lift this 10 inch pipe and put ito
the Morrison line?
A. No sir.
Q. Was the work in laying this pipe delaved caused by thy
142 er eR. and this suffering in Oklahoma City?
The work was delaved by a heavy rain storm: in Oklis
homa © iy November 30th, our ditch was open all the way to the
wells and it froze and the walls of the ditch caved in: we really had
to reditch them, the workmen had to pick that ice and frozen dir
out which had caved in three or four feet back; all of this caused

delay.

REP ABEL, MED NAS OME LIN GA S a

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 83

Q An adjustment had to make for the extra labor?

A. Yes sit.

Q Then the cold weather followed which delayed the work an-
her two or three days”

4. Yes sir; to my certain knowledge the men refused to go out
all; but they delayed us more or less.

Q When did vou tinally get the connection made”

A. l think it Was Saturday Hood, December loth.

gy. When was gas turned into the line’

4. December TSth.

Q. You are now getting gas from that tield in addition to the other
.urces Of supply?

A. Yes sir.

Q Was there any way by which you could have secured an extra
Mow of gas during that time?

A. No sir.

Q. Were you delivering all the gas available either by your own
struction, or by purchasing it?

A. Yes sir.

Q Was there any discrimination during that blizzard in deliv-
pies ”

\. No sir, we delivered no more to one town than to another,

Mr. Selby:

Q. You discovered two vears ago that it would be neces-arv for
wi to add to vour facilities, and to make further provision for gas”
A. It was verv apparent at that time.

43 Q. You did discover it at that time?

A. Not all at once, in the fall of 1915, we knew our line
vould not be adequate to take care of service all over the system.

Q. What towns were you supplying? At that time”

. Everything except El Reno and Yukon.

When did you add E] Reno?

A. After we decided to parallel our system,

Q. I want to know the month?

A. T will tell you as near as T can remember; Mr, Molinard has
dread y said——

Q. Tell the court when you made your arrangements to supply
ws to El Reno and Yukon?

4. I don’t remember just when.

Q Was it before January of last year, 1916”

\. Our Board passed a resolution the 15th of December to double
pipe line capacity from the Cushing district, | think we started
athe spring, April, 1916, and finished September 16th.

Q At that time, and prior to that time, you had discovered that
twould be necessary to make additional arrangements and supply
wre gas by reason of the increase of population”

A. Yes sir.

Q After having discovered that you made these additional con-
tions, El Reno and Yukon”

A. Yes sir.

oe

IAIN EO AIT REESE NE PONE I A ig, RB EEA A To ORR DAG?
’
—s
Sy,
Pr
53

S4 UKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

Q What

A. Usually.
| By Mr. Walker
j Q. Have vou ever known of an explosion te result from the cole |
lection of gasoline in these pipe lines?
A. IT do not know as T ever heard of an explosion, just from gaso- )
i line alone.
'
ik
i

Pe a ‘ rare ee ee SES HE RABIN RENE Tia A Fe OMe

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 93

Q. Is there any relation between the topography of the land over
which the Tine is laid and the frequeney in whieh Vou put in these
alsorption plants’ Do vou umederstand ?

A. No. T don't quite

Q. What TP omeanm is this: Hf vour line is over rough territory, or
territory going: up and down Tilly, does. it require more of these
absorption plants to take eare of your gas than in at level country ?

A. A proper plant should remove. the gasoline, and you put it
us bear the wells as vou can that is. where the vas is received,

Q. And if vou have vour absorption plants at the source of vour
vas then vou do tot teed any others vlong the line to take care of it?

A. You don't providing the first pleut Is efhicient.

Q Now do we understand that these absorption plants which
tuke out the gasoline also take out the moisture”

A. Thev do,

Q. Tf the first plant. or the plant which is installed at the source
of the gas. is eflicient will that prevent moisture from collecting in
vour pipe anywhere along the line?

AL Tt will take out the doisture whieh comes from—the first
moisture Which is in the gas.

QQ. And moisture will Collect in the pipe?
as A. Under certain conditions

Q. Regardless of whether there bas been a plant at the
source of the gas”

A. Not nearly as miuel.

Q. What is vour practice? To install only the one absorption
plant at the source, or do vou install them along the line generally ?

A. We have on two or three of these different plants and the rea-
son for same lias been that high pressure vas has gone in ahead of
the wells along the line—ahead of the Compressors in some instances.
In other words we found we eould put up another plant with benefit.

(Witness excused.)

159 Dr. Epwix Dr Barr. being called as, a witness on behalf
of defendants. after being first duly sworn. testifies as follows:

By Judge Ames:

Q. State your name,

A. Edwin De Barr,

Q. What is vour business”

A. Chemist at the State University for the last more than 25 vears
and Director of the School of Chemical Engineering,

Q. Have vou had occasion to study the natural gas as a chemical
product: also as a natural gas industry of this state”

A. Yes,

Q. Are you familiar with the type of plants, known as the ab-
sorption plant. that is used on natural gas pipe lines?

A. Yes.

G4 OKLA. NAT. GAS CU. VS. THE STATE OF OKLA. ET AL.

Q. Will vou explun the effect on the pipe line itself of having
gasoline tn the natural gas.

AL The etfeet on the dry natural gas has no appreciable loss, buy
When tuoisture is present and the gasoline goes into the pipe it tends
to corrode the Pipe oth aeeaund of the qioisture and to eat out or dis
solve the rubber in the connections on the pipe, ats gvatsoline is ap
espeentlly good dissolvent for rubber.

Q. Considering the subject of extracting this gasoline and water
from the natural gas, Powill ask vou te state whether, in vour opin.
loW, Mois advantageous or Aisadvantageous to the plivsieal Property
of the line itself to extract it?

A. For the pliysieal property itis a great advantage to extract ex.
cess vasolime in the tatural gas.

Q. Now will vou explain to the Conunission just what the ad.
Vatitages are from the plivsteal standpoint?

Al The taain potnt— first. we might say. one of the miaun points
is thee Protection to the Property of the COUP controlling the

Hite in Keeping itn better shape and in preventing blowout
low of the gas at the jounts that form: the commeections that are

tostthe ate the toodern vas line and: the vdvantage plivsteally
is to deliver at the terminus of ita unifern product, Which cabinet
he done if the vasoline atid hiaisture Is left retain in the plpe ur
In the gas im its way oor conduet from: the well to the consumer
And at also obstruct. the passage of the pipe. because wherever
there is an elevation or pressure put upon it this gasoline will collect
and wherever there is a dip in the Line it will obstruet the passage
of the gas in the pipe line.

Q. And the removal of it: removes that obstruction”

AL Yes.

Q. What etfeet on the transportation of the matural gas does cold
Weather have where the gasoline content is mot extracted ?

A. Tt cotdetises the gasoline gases. or the gases that forms it con-
denses ther inte a liquid amd it runs back to the lowest point of the
pipe to whieh it has access and af that access is at the bottom: of the
grade. tills up the pipe and obstructs the passage of gas.

Q. Viewing the industry as a comanercial business. what would £

you say as te whether or not itis a disadvantage to the general publi
to have this gasoline saved for commercial use as against having it
remain in the matural gas”

A. Well, it is a great advantage to the commercial interests, and
besides, vou could not get your gas through if vou did not remove
it: vou would obstruct and till up vour pipes, but to have it removed.
besides the plivsical benefit: to the plant, in the great saving in the
consumption of fuel of gasoline that is needed for particular pur-
poses to a Vast amount,

Q. Now from the standpoint of the consumer in Oklahoma City.
for instance, would you sav that the extraction of the liquid con-
tained is an advantage or disadvantage to the consumer”

A. Ttis an advantage to the consumer in that it furnishes a uni-
form gas to him and then requires ne particular attention to the
vovernment of the thime at the pot of burning. If you take the

_—

bile: i

— Tl he Ri a a ee eR oe Re Coeee eee 2 ROMER, RPE EAGER

OKLA. NAT. GAS CU. VS. THE STATE OF OKLA. ET AL. 95

vas and let it come through the pipe ina uniform Way,
16] stripped of this gasoline and moisture content, you can then

ore easily revulate his thane to get what he wants for heat
purposes,

Q. Does the extraction of the gasoline content and the Water that
mav be dn the natural gas make titan inferior fuel”

A. Practically no reduction — possible there might be a reduction
of from Lote 2oe, amit. Bo CPL Unit value. that is. its burning unit
value. My authority for stating that is Bulletin No. 120 published
by the Fuel Adiotmistrator of the United States. Mr. Burrull.

“Q Do vou know Mr. Burrail’

Ao T know Linn personally.

Q. What do vou Know of his standing, experience and reputation ?

AL Ttis of the Vers highest us he is appotnted by the United States
Government by aocertarn department of the Division or bureau of
Mines to take charge of the fuel and Pils. and aman of the very high-
estof selentitic attainments,

(). Frome ia cheniueal hand port, Whit as the COMpOsition ot hat-
ural gas”

A. Mainly Whit We call Methane or Marsh vas with sole of the
highest paeratlin brcotnaeodeoge ties or Mien bers of the retined parattin
series of heat carbons.

Q. Does the absorption process extract from: the gas any of the
Methane”

AL None whatever. There is a little ditference of opinion but if
itis, ib is exceptionally small if vou will keep it under repression
and compression of sutheient Pitensity bat under ordinary clreum-
stances in the administration of the absorption, no Methane is re-
tained. at least tn the gasoline. TP mean. but all delivered as pas that
passes through

Q. And the Methane contained in the natural gas is the portion
of it that is desirable to serve to the consumer?

A. Yes, it constitutes from 70 to 95°, the most natural gas of
the dry variety.

Q. In the manufacture of artificial gas is anything done there

to extract these same ingredients before it is put into com-
162. mereial use”

A. Always emploved in the extracting certain of these
highest homologues T have spoken of. of the parattin as well as
benzol, or what we commonly call benzine——

Q. In your opinion then as a whole, it is advantageous from the
standpoint of the plivsical property, from: the standpoint of economy
and for the consumer likewise ’ é

Q. Yes, for both.

By Mr. Walker:

Q. You have described the advantage from the standpoint of
practicability. for transporting gas of extracting the gasoline, is
there any advantage from: the standpoint of safety to the pipe line?

A. Yes, to the pipe line in that it protects its joints but if you

96 OKLA. NAT. GAS CO, VS. THE STATE OF OKLA. ET AL.

mean safety to person and life, why Ves, because it would blow Ou!
at these jowmts and come tn contaet with the air whieh, if a thane
would be burning anywhere would make it damperous to pass along
the line.

Q. Would there be any danger of explosion?

A. Yes. if it comes in contact with the air,

Q. With these Viipors and oils or gasoline collecting in at depres.
sion of the pape somewhere, would this eause an explosion?

A. Now a real explosion but what vou might call a bursting ow
by compression of the line — blowout by compression, It woul
blow out at the jount:

q. Then from the standpouit of the consumer in the Various
cities Which would be supplied with gas from the pipe line. it woul:
be an advantage to have this vasoline extracted so that the pipe coule
be kept clear’

A. Yes sir

Q. You have given some of the advantages to the consumer from
the extraction of gas. for the use of this gas in the stove does th
taking out of gasoline reduce the possibility of smoking and things
of that sort”

A. Yes, vou take the gas that is rieh in these higher hes
Los carbons itis stokes Methane is the lowest. it burns with
blue thame and verv intense. Ethane, which is the mext heat
earbon higher than that. burns with a slightly smokey thane ani
the next a more smokey flame and so on up above that, it burns
with a more smokey thame and hence requires more oxygen to caus
it to burn with a blue tlame.

By Judge Ames

Q. Do you know what the standard meter for consumers in a city
like Oklahoma Citv-—-do vou Know Whit pressure it is constructed t
operate at’

A. The standard pressure is doz. pressure meter constructed to de
liver pas per thousand cubie feet on the basis of 4 02. pressure. That
mean: additional pressure above atmospheric pressure,

Q. That is the standard meter, is it’

A. That is my understanding of it,

Q. Now suppose the gas is being delivered at a pressure even
yreater or less than 4 oz, what is the result in heat units’

A. The greater the pressure on the gas the greater the nunaber of
heat units in the gus delivered per cubic foot: the less the pressul
on the meter the less the number of B.'T. U. in the gas delivered pet
cabie foot. For instance, now vou deliver it at sav 1 oz, that meats
you have 14.4 pounds plus the 1oz. on it and vou should deliver a
14.4 pounds plus 402 Say. if you take 14 plus 1 oz. which
vour numerator and divide by 14.4 plus 402. which is vour denom-
nator, that compound fraction of L0G will give you your percent
age of pressure or the number of B.T. U. it would deliver at that
particular pressure. When vou deliver it at 6 02. pressure you Ure
the same relation. You are delivering more heat units per cubic

— 3 APTOS TEE RES LOST ORNS Ree APR

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 97

et than Vour imeter registers delivered under your ordinary con-
ruction of 4 02, pressure,

Q. ‘Then if the pressure is greater than 4 oz. a greater number of
eat units is being delivered to the consumer than he pavs for’?

A. Yes.

id Q. What would be the difference in heat units between gas

delivered at 4 0z. and 2 oz.”

A. T would have to figure that out. The average pressure thot is
erally stated, it is generally accepted at about 144 pounds. Now
ya add to that 2.02, vou have 's of a pound and 144 plus 's would
» your numerator and that divided by 1440 plus 40 0z.. which is
yur denominator, and that fraction of L006 would be the amount.
swould be away above 95¢¢ would be my opinion, or even above
at.

Q. And at a 6 oz. pressure the same formula would apply?

A. For your 6 02. pressure vou add vour 6 oz to T44. whieh
ould be your numerator, and divide that by 44 plus 4 oz. whieh
ould be vour denominator, and i that vour numerator is larger
an vour denominator and vou would be delivering more than the
andard meter require ~ ail it: | 7. Pressure,

Q. The 144 Is found ut atimospherte pressure?

AL Yes. and the amount put on your meter pressure,

Q. The variation would be approximately 1?

A. Well. in the one case TP suppose a littl: more and the other a
the less. Mv tiapresstom would be. at Gooz. vou would have right at
(100 to & LO and at 2 02. vou would have a loss somewhere of
‘oto Td oof the B. TU. of what it ought to deliver at the 4 oz. pres-
re on the gas meter,

( Witness excused. )

rf) Mr. R. HW. Locker, being called as a witness on behalf

if
defendants, after Leing first duly sworn, testifies as follows

By Judge Ames:

. You may state your name.

RK. H. Locke.

. You live in Oklahoma City?

Yes sir.

. What is vour business”

. Chemical engineer.

. How long have vou been a chemical engineer?

. Since I left the University of Missouri in 1904,

» Have vou had oceasion to study the natural gas industry par-
cularly with reference to the compression and absorption plants on
pe lines”

A. Yes sir,

Q. Are vou connected with any business concerns that burn nat-
ral pas”

(-=o19

CerOroreorve

_ : : Ph SR BREEN: ST

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 99

happen to rota joint and cause the blowout just at that time
h7 it would cause a loss of thousands of dollars in order to get
that all thawed out, so to speak: and that is one very great
vantage to an industrial operator that would come from having
e gasoline removed and therefore the lialality of diave) such an oc
rence as this taking place: and another advantage i that ot «bs
versa dry gas, that is. a gas free from moisture and also a umidtern
oduct. To omean by that, a gas that more nearly approaches the
aint of pure Methane. Tf pure Methane was delivered to us at all
mes our burners would require ne adjustment, that is. ne continual
jiustment and we could control the flow of heat te our boilers and
sible in aomuch more uniform manner and get more heat units
tof the gas. than if we were continually adjusting the burners
vd the same way with a consumer, he would get more heat units
tof the gas if it was delivered to hin tna uniform manner,
Q Does he know anvthing about adjusting burners?
A. You are speaking of industries or wholesale consumers?
Q. Yes. Tomean the domestic consumer?
A. Practically nothing at all. "Phe heat units that are delivered
the ordinary housewife in the forme of gasoline are practically lost
rthe simple reason that. while our stoves are all made in such a
w that the burners can be adjusted. if it is mot fixed in such a way
at the daniper can be turned In the maids or help working about
e stoves they are occasionally not closed and they get a vellow
me and that shows we are not getting all the best heat units out
the gas. Tf we should have delivered to our cooking stoves a
form product, sueh as pure Methane. we would have ne adjust-
ent to take care of at all, but on the other hand. if we have a gas
jivered that would be high im gasoline content one day and pos-
Hy arednetion of temperature in the pipe whieh would cause the
sling to be taken out and we would get a pure Methane delivered
ther day or two. and up and down, the heat units would be such
at the housewife would net get any material benefit out of the
increased heat value of the gas containing gasoline. Tn other
Swords, these exeess heat units are practically lost to the house-
wife consumer, due to the facet that the steves are not ad-
sted to take care of this excess units. This is evidenced lw the
ming of a vellow flame.
Q. Does the absorption plant take from the natural gas any of
e Methane?
A. No sir, it does not
Q. IT beheve vou sav that pure Methane is the tdeal fuel m= the
tural gas?
A. Yes sir.
Q. The higher heat carbons then that are extracted byw the ab-
tion process leave a natural gas which for domestic purposes is
terthan it would be with these high heat carbons for the ordinary
nsumer ?
A. Yes sir.
Q. Now looking at the business frem the standpoint of its economy

v8 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

A. Yes sir.

Q. Have vou rade at study of it from the standpoint of consuy
of natural gas?

A. Yes sir, T have

). You ure faniuhiar with the so-called absorption process thar
used on pipe lines, are vou”?

A. Yes sir.

Qo oT will ask you whether, in your opinion, this absorption pf
cess from a physical standpoint. is an advantage or lisady antaye 4
the pape line”

Al Ttas a distinet advantage to the yelper line.

Qo In what partieular”?

AL Well. the principal wdvantage is that it takes the gasoline x
mnoisture from the gas. The gasoline being a very good dissoly;
for the rubber which is used in the patent joints on those pope lit
if prevents the eating out of this rubber aud therefore reduces:

liability of the blowouts oecurring at jomts. “The moist,
16s has a tendeney to eause corresion of the pipe line and.

pecially if any of the gas wells should happen to blow a fir
salt water. The salt water get- inte the pipe line which) catises:
corrosion of the amie til

Q. The removal then of this liquid content facilitates the tray
portation of the dry gas, does 1”

Al Yes sir.

Q. What is the effect of cold on the transportation of gas aft
liquid content is net removed %

A. The gas being under certain pressure ine the pipe Tine at
times, af the tetiperature ts redticed tha gasoline content will cong
on the sides of the pape and will. of course, flow dowi tite the!
places of the pape and: there set pean absorbing action of ot
gas that comes along. In other words, it: net only —the reduc
of the temperature not only causes a condensation of a portion
the gasoline contained but this condensed portion also sets up ane
sorbing netion on other portions of the onsoline contained which 4
creases the amount of gasoline produced ina pipe line. This fa
line, of course, dwells in the low places. in the joints and along
sides of the pipe which makes an obstruction to the pussage Ort
of the gas, and tiles. itis removed: from the low places it will»
formn sufficient obstruction te prevent gas from: being transported
the point of delivery,

Q). Looking at the subject frome the standpoint of the consum
would it be an advantage or disadvantage to the constumer’

A. Tt ois a very distinet advantage. The advantage. first, ist
the gasoline condensing im the pipe line causes the rubbers in!
joints to rot and therefore jereases the possibility of blowouts, wh
increases the possibility of their ~upply heim cut olf at anv th
Take mv own particular inicustries operating a chenmiueat plant
Sand Springs, Oklahoma, it would be very disastrous to tie if ata
time we should have one of these blowouts in the pipe line just at’
time when we were fusing a pot of caustic: if the gasoline she

aa i ata 8 es OR RE RE “~ we - » , » = one

10U OKLA. NAT. GAS CU. Vs. THi STATE OF OKLA, ET AL.

value, would you say that the absorption plants are an advantage or
disadvantage commercially ?

A. They are a distinet advantage for the reason that. as | have
just stated, the greater per cent of the heat units contained In the
gasoline delivered for domestic consumption are lost. “The taking
out of these portions of the gas and delivering it for domestic coy.
sumiption is a very distinet element of conservation and | should Sal
that it at least should be a compulsory act ly the government tu
remove this gasoline content from the gas for the purpose of using
tin very high class engines such as aeroplanes and motors for war
Purposes.

)
By Mr. Walker:

Q. How much does the extraction of the gasoline reduce the heat
units of the gas delivered to the consumer?

A. T should say that the ordinary absorption plant. taking not
mere than three-fourths of a pint to a pint and a quarter. would
hot reduce the heat value to exeeed 2 or Zhe per cent,

Q. Do you believe it would be an advantage to use some other

method that would get a preater quantity of gasoline out of
16% this gas than an absorption plant. if that could be done?
A. Yes, the more nearly you approach the pure Methan
content the more nearly vou get an ideal duel,
Q. How much would the heat units be reduced if von could get, )

process which would take out all of the gasoline and leave a prac-
tically pure Methane?

A. That depends on the degree of gasoline contained in the orig):
nal gas. If you take gasoline that will vield four gallons to the
thousand ecubie feet. which is a very high grade gas, it would reduce
the content of the cas at the well, the BOTLU. at the well considerably
possibly 15 or 207. but the gas delivered under these conditions
wonld still havea BOT. of arenne 1.000 or 1100 and that isa ven
satisfactory gasoline for all purposes. )

Q. Gas for all purposes”?

A. Yes. gas for all purposes.

Q. And a much more satisfactory gas for domestic purposes ?

A. Oh far more. Tf vou should permit gasoline that wet to ge
mte our domestic — for domestic constimption, vou would have an
awful rear because there would not be a housewife in the town that
conld Keep her aluminum kettles looking anvthing like decent, 1
remember when the Cushing gas was turned into the mains thi
Dinks Parish Laundry thought the gas wasn’t any good beeause 1!
smoked. and as a matter of fact he was losing all of the gasoline that
was being delivered to him in the form: of carbon monoxide in the
form of unburned fuel. and To will venture to say, if vou will look
ar 60%, —-P will say 15°, of the smoke staeks of industrial plants in
this town vou will see them smoking. In other words, they are not
properly adjusted from the burners and the gas they are getting at
this time —and if the gas should be delivered to them: in a wet eon
dition, why their smoke would be very greatly increased. 1 have

—

-—

a"

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 101

wen the smoke stack of the Lee Huckins Hotel smoke so much T
thought they were burning coal and as a matter of fact they were
burning: gas.

170 = By Judge Ames:

Q. What is the difference approximately, between the heat value
of gas delivered through a meter which is set to deliver 4 oz, and the
delivery of gas through that same meter say of a 2 02. pressure?

A. The per cent of gas delivered at 2 02. if the meter is adjusted
to doz. is only about Plot. less. that is to sav. if our standard meters
are Working at 4 oz. pressure and 2 oz. pressure is maintained the
amount of gas will be about 11.7 less than if delivered at 4 0z. pres-
ere. and therefore the B.'T. U. would be deereased in proportion.

Q. The formula which was stated hy Dr. De Barr is the correct
formula as vou understand ?

A. Yes sir. Those faetors are all worked out and apphed to in-
dustrial consumers at all times. We have quite a bit of that to
contend with in the plant at Tulsa. They have a long line of scales
worked out for all pressures, our pressure there is 8 oz, and for every
pound there is a different factor applied. ‘This is known as the ap-
plication of Boyle's law. Dr. De Barr has fully stated the matter.

Commissioner Humphrey :

Q. That is Wescott’s Hand Book vou have there?
A. Yes, sir.

Commissioner Humphrey: We have that here in the office. haven't
we, Mr. Mitehell?
Mr. Mitchell: Yes sir.

( Witness exensed. )

171 CHartes K. Frances. being called as a witness on hehalf
of defendants, after being tirst duly sworn, testifies as follows:

Ry Judge Ames:

State vour name.
_ Charles Ik. Frances.
What is vour business?
Chief chemist for Cosden & Company at Tulsa.
_ How long have you been with Cosden & Company?
A. Since last June.
Q. What was vour business prior te that time?
A. Professor of Petroleum ‘Technology at the A. & M. College. at
Stillwater, Oklahoma.
Q. How long have vou been a chemist?
A. About twenty vears.
Q. Are vou familiar with the natural gas industry from a chami-
cal standpoint ?

i

o+ore

-_

eeerteteeeserereas comes DECIDE I wer Ke on . _ . a

102 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

A. T am.

Q. You are familiar With the absorption plants that are used on
natural pas pipe lines. are ven?

A. Yes sir.

Q. Looking at the subject from the standpoint of pipe lines physi.
cal property. state whether. im Your opinion, these absorption plants
are an advantage or disadvantave to the property,

A. Why, the removal of the gasoline and moisture from ths gas
Is really a necessity, that is. If ois not removed the Pipe will he
corroded on #Heecount of tmroisture and the waskets will decompose
through the action of the gasoline, and the gasoline will Conese
and flow to the low places on the line Interrupting the serviees Owing
to the prevention of the Passage of the gas. and whether the gusoline
has any Value or net it is really a Necessity that it should be removed

Q. Tt should be removed whether i is saved or not i

A. Yes sir
172 Q. From the standpoint of the ordinary COTSUMEN IT eities.
would Vou say that the ve moval of this Heyuid content of the
gas is an advantage or disadvantave to the consumer?

A. Tt is an advantage to the constiner. Tt makes it a uniform
product delivered at the Ueform rate and amueh more satisfactory
fuel,

Q. Tn the case of the ordinary domestic constimer, if the gasoline
content Was not extracted from the eas. Would he get the benetit of
the additional heat units in thet higher lvdrate carbon content”

A. The average consumer Would tot, beets thev have no know!
edge of how the burners should be adjusted ane it would burn with
asmoky flame and when the gas flame is burning with a smoky
flame it indicates part of it is not bemng consumed by the flame ani
Will be deposited upon cooking un nails. and in the case of aluminum
whieh is being used it werk by anomyury te the vessel as well as not
getting the heat units And gam. there would bes af the gasoline
would get throweh the dine. as the Pipes go throughout the louse
there would be low Places there and the gasoline and Heistiure would
condense causing a Hekering of the Mame and in Many Cases it would
go out, and where a maid thonelt she wes cooking dinner she would
find out the flame was fone outs and in same cases it would he Very
dangerous,

Q. What is the natural gas content that is desirable to retain for
ordinary domestic purposes?

A. Methane.

Q. Do the absorption plant- take any of the Methane out of the
gas?

A: Be sir.

(). They merely vet the highest hvdro carbons?

A. Yes sir.

Q. And the extraction of those is an advantage to the gas asa
commercial product?

A. A distinet advantage.

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 193

Q. Do vou know whether there is a demand for this high
173 grade gasoline that is extracted from natural gas?

A. The position whieh TP now eecupy puts me in a place
that | know What the Loverninent Wants, and there is a preat de-
mand for the high vrade vausoline, and the absorption gasoline js
higher grade than is usually put out hy the large refinery,

Q. That demand is by the government”

A. Yes sir.

Q. What is that used for?

A. Principally for aeroplane motors.

Q. Tn the testimony at the former hearing in this case, a witness
stated that during the blizzard in Dee mber when the gas shortage
existed he deft all the burners in his house voing and had a flame
approximately a half ineh high: that he did that several times, and
later, When the Morrison gus came in and the supply increased, he
had a thame something like 3 inehes high, but his flame varied at
Various time. but that each time he watehed his meter, the two foot
guage on his meter. and at all these times the sine amount of gas
was beine shown by the meter, What would Vou sav as to that be-
Ing possthle. and if it is possible, what explanation is there for it?

A. T think the gentleman was mistaken. Tt would not be pos-
sible fora flame to vary to any great extent. that ix. in height. The
eter Is adjusted to deliver the gas under a doz. pressure. All the
stoves are arranged to burn the gas at their pressure. Now if the
pressure is low, the tlame will not be high. owing to the fact that
the meter is Moving slowly, Meters that are used almost exclusively
in the pas industries are dry meters arranged on the two bellows—as
one bellows fills the other eniptics and so as the cubic foot of gas has
to be delivered before the meter will register it must necessarily, in
delivering that one cube foot, HOVE slow when the pressure is low as
compared when the pressure is high the meter will move faster. So
if the gentleman's wateh was correct. Why T have no explanation to
make. bat it is absolutely impossible for that condition to exist if the

apparatus is all in proper working order.
174 Q. Now the variation between the yas delivered at 1 oz.
Pressure sav. and at 6 02, pressure would not execed upward of
3° would it?

A. No sir, | deo net think it would be that much.

Q. And the variation in the flame could not he more than two or
three per cent?

Al A very sinall per cent.

175 R. H. Locke being recalled. testifies as follows:

By Judge Ames:

Q. Did vou hear the question T have just put to Dr. Frances?

A. Yes sir.

Q. Would in your opinion, such a situation like that. be physi-
cally impossible, and if so. what your explanation of it is,

CNR HO BE IA LOL HRI tae OO

mosye STAR SIE

104 OKLA. NAT. GAS CO. Vs. THE STATE OF OKLA, ET AL.

A. 1 think it would be physically impossible; however, if such a
conditions as thatextsted and if the meu who gave the testimony wa
hotest in tis conv ietions. Pthink his observations were insuttieient op
ineorreet. AS Dr Pranees exphtimed. these meters are made on th,
tilling of two bellows andoat a low pressure it will fill slowly and
discharge slowly, therefore the two foot indicator will move slowly
and if the thane is a half inch high during that operation and they
he comes along with the flame 6 inches high the indicator is bound
to move ata faster rate to deliver enough gas to produce that 6 ine)
blaze. There can be no other explanation of the proposition at all—
as the bellows fill faster more gas is being delivered,

Q. You would say then either he was incorrect or that the meter
was out of order”

A. Yes sir, providing the apparatus was in working order.

(Witness excused. )
Dr. Eywix Dre Bark beine reenlled, testities us follows:

By Judge Ames

Q. Doctor, did vou hear the question aus I stated to Dr. Frances’

A. Yes sir.

Q. State with reference to that, do you think that situation would
be possible, and if so, how would it be possible.

A. Tn my judgment, the man is mistaken in his observation. It
would not be possible to have the thame very low with the meter
moving. As meters are constructed such flames could not exist with
the time conditions as specified. [ think the observer was mistaken,
That is my judgment in it, because the meter was either out of order
of observations were incorrect,

( Witness excused. )

176 W. R. Mouixarp being called as a witness on behalf of
defendants, ufter being duly sworn. testifies as follows:

By Judge Ames:

Q. State vour name.

A. W. R. Molinard.

Q. In your testimony at the previous hearing in this case you
refer to your Gas Customers’ Hand Book at page 5. but as T recall,
that was not offered in evidence. | wish now to have that marked
as an exhibit and offered in evidence. (Which is accordingly done.)
T will ask vou to state whether or not this Gas Customers’ Tland Book
has been distributed in Oklahoma City?

A. Yes sir, it has been very generally. Our records show that out
of 20,000 delivered to us in the summer of 1916 over 15,000 of them
have been distributed. The principal method followed was to have
our meter readers supplied daily with as many copies as they could
conveniently carry and they were distributed to each individual
house as they went to the house for the purpose of reading the meter,

ee Pe A PME ie ETE AT DO ANNI Or ER WIRD SD ne CeO RR AMA S- RS

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA, ET AL. 105

and in, T would said, 950% of the eases the book was delivered into
the hands of some one presumably at the head of the house or closely
gociated with the family.

Q. In addition to that do you keep a supply in the office on the
eunter available to customers?

A. Yes, we have a long counter beside the cashier's window where
writing material is provided, also blank check forms, calendar, ete.,
wd on that long counter we keep at least two and usually three
sacks of these books and as well as 1 can judge they disappear at
the rate of about 75 a week, evidently being picked up by interested
wstomers and the public generally who see them on this counter
which is in the front part of our office and past which practically
wervone that comes into the office has access—to these books.

Q. With reference to your meters, at what pressure are they ad-
ysted to measure the gas?

A. Normal 4 02, pressure.
Q. That is the standard meter, is it?
A. Yes sir.
177 Q. Do you have anything to do with the manufacture of
those meters?

A. No, they are made—I believe 95° of the meters which we use
n domestic service are made by the firm of Helm & McElhiney of
Philadelphia.

Q. In there a meter on the market which is constructed so as to
ary its (I don’t know how to put my question)—so as to vary its
measurement so when the pressure varies—in other words, is there
ameter that adjusts itself to the pressure between 1 oz. and 6 oz.
pressure ?

A. No, there is no meter of that kind commercially made, if there
sany it would be made for lab-ratory purposes but I do not know
fany.

Q. The standard meter is the one you use here?

A. Yes sir.

Q. Is that the same meter that is in use at other places in the
State?

A. Yes, and practically all over the United States.

Q. When the line presdure then varies from 4 o0z., either up or
jown, there is inaccuracy in that measurement increase with the
wiation is there’

A. Yes.

Q. And that inaccuracy varies in proportion to the amount of
wwiation in the pressure?

A. Yes sir.

Q And a difference of 3 oz. in the pressure one way or the other,
wuld produce approximately what per cent of variation?

A. The variation from 4 oz, to 1 oz, shows a percentage or 144
wrcent and 3 oz. the other way would be approximately the same
yereentage above standard.

Q. Taking the business the vear around, is the pressure greater
itless than 4 oz.

8—312

RRR ew Fe RO MR VRE RE ORT ARLENE ROI | Cty TY

106 OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL.

A. T can safely say that for 350 days out of the 365 the pressur:
is greater than 4 oz,
Q. Is it physically possible to maintain that pressure ,
17s exactly 4 oz, all the time?
A. No, it is not.

By Mr. Reiss

Q. You have given some thought to the subject of storage ¢.
pacity of natural gas?

A, Yes.

Q. How many holders and of what capacity, in your opinion
would be required to meet the shortage that occurred here early in
December last vear? :

A. That shortage, as mv memory serves me, was December &¢
Mth, lth, Pith. l2th and Tth. and 1 think 14th: in other words 7
days. We estimate that in order to properly supply this city with
sufficient gas for domestic purposes to adequately heat the dwelling
and residences together with the needs for cooking In those dwell.
Ings that ZO million feet is consumed on a cold dav, that is. a dai
approaching zero Weather

q. I mean a Storage Capacity such as to take care of what vou had
there in addition to what would be coming through the pipes?

A. T think we should tigure on 15 million storage a day to ade
quately tide over,

Q. In other words, to take care of that shortage, you would hav
had to have seven 15 million foot holders?

A. Yes sir.

Q. Have vou an idea what the approximate cost of such holder
would he’

A. Well, about one and a half million dollars each.

Q. Assuming that holder capacity would be safe, how many days
in the vear would vou have oceasion to use it?

A. Well, this experience we have just gone through in December
1917, is the longest period we have experienced in the history of the
supply of natural gas by the Oklahoma Gas & Eleetrie Co.

Q. Asa matter of fact. some vears you would not have occasion
to use them at all?

A. No, we have gone entirely through winters without any need

Q. What was the total receipts from the sale of gas for the vear

Ie?
17yY A. S978 408.55
Q. That included the share of the Oklahoma Gas & Elee-
tric Co. and the Oklahoma Natural’?

A. Yes.

Q. What did the Oklahoma Gas & Electric Company receive”

A. S643,361.68.,

Q. Is that the Oklahoma Gas & Electric or the Oklahoma Natural?

A. Oklahoma Natural.

Q. And the Oklahoma Gas & Electric Co. received how much?

A. The difference between those figures—$275,041.87,

(Witness excused. )

OKLA. NAT. GAS CO. VS. THE STATE OF OKLA. ET AL. 107
Commissioner Humphrey: Let the records show that Mr. Ruth

ad Mr. Henry Gray appeared for the Complainants.
The case will be continued to January 17, 1918.

hl) At said hearing the following exhibit was filed:

sl EXHIBIT,
Gas Customers’ Hand Book.
Telephone PBX-14.
Oklahoma Gas & Electric Co., Oklahoma City.

gas Customers” Hand Book With Rates for Natural Gas Service

for Oklahoma City and Britton, Okla, as Filed with the Corpora-

tion Commission of Oklahoma.

Published by Oklahoma Gas & Electric Company, H. M. Byllesby
Company, Engineers and Managers.

Copyright 1916.

Contents.

Subject. Page.
I ec NS ee Oh ele Caria rem ao Wk SATE OK Wie i ]
ey CRON OE EOOOE WE. ok ceca ces vacnewasaves 3
rn i ee ro a uray Gk Gin mike ao Cate aera 4
ila Le ai ka ay wee haa A ae SA SK ot)
Notiee to Proper Owners and Gas Fitters Regarding Location of

Service Taps CUE AE TC RRL UU EEE 6
i PON nt neck cath Rake RR eK CRRA 7
a an, SOs ae era ae a me RE s
aN eg te che ce wg Sh wien yin Gg W 5k v
ferice Trouble and Adjustmetits.... 2... 0. ec eee 10
How to Shut OFF Gas Supply Prom Premises in Emergencies.... 12
ns kn bk CRE NRA A AKA eS 13
ND Oe do afl written ON Aiwa do ok W aha x et 8 ew 14
Siggestions Concerning the Use of Natural Gas. .......0...... 1)
MUDONI@CRIONS DIME MOOVINIE. ... cic ec teens 19
et eA aw EN 4d bed WON KOK WA KR ORS 20
RN I MURMUR SN NS bbe Cie g w Aia's so FA O's ARM ews 21

Natural Gas Service.

The Oklahoma Gas & Eleetrie Company owns and operates the
vs distributing system in Oklahoma City and Britton. It distributes
atural gas to customers as the agent of the Oklahoma Natural Gas
“ompany.

The Oklahoma Gas & Electric Company does not own uny interest

108 OKLA. NAY. GAS CO. VS. THE STATE OF OKLA. ET a.

Whatever in the supply of natural gas. nor in the pipe lines convey.
mie thre gas te this enty ;

Natural Gas is “Upplied to customers under contracts between th
Customer arid thre Crk balvonta Natoral Chas Company, the Ok lhoms
(ras & Electric Company signing the contraets as agents for th,
forties COTHD RITA

The Pe is Tho Copitipeons ownership of these Wo corporations

Personal Attention to beve ry Customer

We wish our service to be so utihzed in gas burning appliances
that vou obtain full measure of Value without waste

The advice and suggestions of o ir customers are valued
less of the purpose for whieh vou eal] Vou are
ottics You have its i neh
pay your bill) We prefer that vou come direct: te us colieerning
all thiatters of routed trpteare stand cones rn. This is businesslike and
In the spiritof partners! ip Which we scck te cultivate.

The ottieers and etoploves are at vour serviee Thev are working
for you. The officers endeavor to receive personally all whe wish t,
see them. ‘To meet the requirements of the public in the quickest
and nest etlielent Prttditier Proper departine Hits are maintained.

Regard.
always welcome at our
right to Colne to criticise as Vou have te

Personal Attention to Ev rv Customer

Nature s Ch ahest and Best Fuel,

Oklahoma City’s “upply of natural gas is excelled by few other
Cities, This fuel has hearly twice
factured gas.

Grime and smoke hurt cities Ok balvonas City, like other pro-
“ressive Communities, knows the commercial value of keeping itself
clean and sighth

Smoke, sot, Coal dist and ashes ute costly They tuke Hioney
out of vour pocket by destroving fabries, furniture, decorations. grow:
Ing plants and innumerable articles of common use. They make
beantiful buildings unsightly,

Smoke and soot from a chimney do not stay home. These
nutsanees are distributed te
neighborhood,

The expense of keeping clean in a smoky city runs into big
totals

Organizations all over the world ure fighting for less smoke and
more sunshine—for cleanliness and healthfulness.

Natura! “as makes no smoke It distributes he dirt, leaves no
ashes. Tt does all important work with a minimum: of human etfort

Redueing the smoke Hsanee means a monetary saving to
citizens—helps to luprove and brighten the citv—tends to increase
the value of property.

Besides your own convenience, eomfort

the heating eflicieney of manu.

thre displeasure and expense of the

and economy, vou con

OKLA. NAT. GAS CO. Vs. THE STATE OF OXLA. ET AL. 109

tribute to the general welfare if you burn gas for house warming,
coking. heating water, ete.

Personal Attention to Every Customer
We Concentrate on Service.

The Oklahoma Gas & Electric Company earns its wages. It wants
no revenue Which does net rightfully belong to it fer service per-
formed

We concentrate on serviee. We leave the merehandizing of ap-
planees, and gas piping and installations on private premises to the
merchant> and mechanics of this city whe make their living from
these oecupations.

We maintain a department with natural gas experts devoting
ther energy to studving the requirements of customers, large and
mall, and for the purpose of satisfving every gas demand in the
most economical way,

These experts are at your disposal all the time. They will render
dvice and assistance: plan installations and tell vou of the firms
nhieh will give vou proper attention.

Personal Attention to very Customer
Kmergeney Heating.

Natural gas is one of Oklahoma City’s greatest assets—one of the
biggest contributors to the comfort and convenience of its citizens
nda source of cheap fuel for industrial purposes.

Periods of extreme cold weather sometimes cause a brief demand
for gas which no practicable and financially possible transmission
vetem can fully supply.

Because of this fact. and the further faet that any long distance
pipe line is liable to damage from floods and other unavoidable
raises, We advise our customers to maintain some kind of auxiliary
eating apparatus for use in possible cmergencies,

Personal Attention to Every Customer,

Notice to Property Owners and Gas Fitters Regarding Location of
Service Taps.

When about to lay service pipes for the supply of gas to any prop-
ty, it is necessary to obtain from the Oklahoma Gas and Electric
Company the location of the service tap for the particular property.
Where mains are laid in paved streets, service taps were provided for
wach lot before the pavement was put in place.

Your co-operation in this matter will aid us in
*rvice as well as preventing possible addition
r0U.

giving prompt
al work and expense to

Personal Aitention to Every Customer.

REE IA I PIELER BEAD, INEGI GALORE LIE OIE tn Se MING SP NIP ANE Ant PST APP SOOT STAR

110 OKLA. NAT. GAS CO. V8. THE STATE OF OKLA. ET AL.

How to Obtain Service.
Office, 112 N. Broadway.

Telephone, P. B. X. 14—All Departments.

A constant effort is made to eliminate “red tape and to mee

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386005_0008%3A1. Public record. Not legal advice.
