The Southwestern Historical Quarterly, Volume 44, July 1940 - April, 1941 Page: 309
546 p. : ill., maps ; 24 cm.View a full description of this periodical.
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Oil, the Courts, and the Railroad Commission
Not only does the Railroad Commission have the advantage
of specialization, but it also has the advantage of a continuity
of action. The Legislature convenes only intermittently, and
its membership changes to a large extent with each session.
There is no assurance that the Legislature will be in session
when any pressing problems in the oil and gas industry arise,
or that the governor can be prevailed upon to call a special
session to meet the emergency. On the other hand, the Rail-
road Commission is a continuing body, with the power to ex-
ercise a constant supervision over the oil industry at all times,
meeting such unforeseen situations as may arise with expedi-
tion that could never be expected of the Legislature.
Not only was the duty of formulating rules and regulations
delegated to the Railroad Commission, but it was also given
the primary duty of enforcing the statutes and regulations
passed by it pertaining to the conservation of oil and gas. Its
members and employees, by keeping in constant touch with
the oil industry, are not only able to pass immediately such
new rules or amendments to old rules as become necessary,
but they also are in a position to acquire first-hand knowl-
edge of the violations of any statutes or regulations, and, be-
cause of their knowledge of the industry, can ascertain with
the greatest promptness the means which should be adopted
to stop or to prevent violations.
As has already been pointed out, the statutes and regula-
tions first adopted by the Legislature and the Railroad Com-
mission pertained purely to the mechanics of the production
of oil and gas, and had as their sole object the prevention of
physical waste. Such regulations encountered practically no
opposition. There was no difference of expert opinion as to
their necessity. Furthermore, they applied to all alike, and
they did not have the effect of depriving one person or group
of certain rights or privileges to the advantage of others.
Of a somewhat different nature was the spacing rule, known
as Rule 37, which was first adopted by the Railroad Commis-
sion in 1919. This rule provided in substance that no well
could be drilled closer than 150 feet to another producing oil
well or closer than 300 feet to a lease line, except that the
Railroad Commission upon application therefor could grant per-
mits to drill at closer distances to prevent waste or to protect
vested rights. Prior to the promulgation of this rule, each
operator was permitted to drill as many wells as he pleased,309
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 44, July 1940 - April, 1941, periodical, 1941; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth146052/m1/346/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.