The Southwestern Historical Quarterly, Volume 44, July 1940 - April, 1941 Page: 320
The following text was automatically extracted from the image on this page using optical character recognition software:
Southwestern Historical Quarterly
would be presumptuous for courts, on the basis of con-
flicting expert testimony, to deem the view of the ad-
ministrative tribunal, acting under legislative author-
ity, offensive to the Fourteenth Amendment.2...
Plainly these are not issues for our arbitrament.
The state was confronted with its general problem of
proration and with the special relation to it of the
small tracts in the particular configuration of the East
Texas field. It has chosen to meet these problems
through the day-to-day exertions of a body specially
entrusted with the task because presumably compe-
tent to deal with it. In striking the balances that have
to be struck with the complicated and subtle factors
that must enter into such judgments, the Commission
has observed established procedure. If the history of
proration is any guide, the present order is but one
more item in a continuous series of adjustments. It is
not for the federal courts to supplant the Commission's
judgment even in the face of convincing proof that a
different result would have been better.3
The true construction to be placed on the decision of the
Supreme Court is a matter of dispute among lawyers and its
full legal significance will not be known until the Supreme
Court has further filled in the picture by other decisions. From
the historical viewpoint, however, it is noteworthy as an en-
dorsement by the court of the State's efforts through the Rail-
road Commission to regain partial control over great natural
resources that it had lightly given away.
29See ibid., 310 U. S. 573, 581, 60 S. Ct. 1021, 1025, 84 L. Ed. 1368, 1374.
"See ibid., 310 U. S. 573, 583, 60 S. Ct. 1021, 1025, 84 L. Ed. 1368, 1374.
Here’s what’s next.
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Southwestern Historical Quarterly, Volume 44, July 1940 - April, 1941, periodical, 1941; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth146052/m1/357/: accessed May 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.