and in said action there shall be a right to the state of the appointment of a receiver, either before or after the judgment, to be exercised at the option of the state, and the officer taking possession of said property shall immediately disconnect said pipe line or lines at a proper point in this state from any pipe line or lines going out of, or beyond the state. And said property shall be sold as directed by the court having jurisdiction of said proceedings, and the proceeds of said sale shall be applied, first to the payment of the cost of such proceeding, and the remainder, if any, paid into the school fund of the state, and said charter under which said act or acts were committed shall be revoked, and no charter for the transportation or transmission of natural gas shall ever be granted to any corporation having among its stockholders any person who was one of the stockholders of said corporation whose charter has or may have been forfeited as aforesaid and if any such charter shall have been granted, and thereafter a person shall become a stockholder thereof who was one of the stockholders of the corporation whose charter has been or may have been forfeited, as herein provided, the charter of said corporation, one of whose stockholders is as last named, shall therefore be forfeited and revoked. Provided, that any person who may be denied the right to become a stockholder as above prescribed may be granted the right to become such stockholder by the corporation commission, when such person shows to such commission that he was not a party to the former violation of this act.

Sec. 9. No pipe lines for the transportation or transmission of natural gas shall be laid upon private or public property when the purpose of such line is to transport or transmit gas for sale to the public until the same is properly inspected as provided in this act; and before any gas pipe line company shall furnish or sell gas to the public, it shall secure from the inspector a certificate showing that said line is laid and constructed in accordance with this Act, and under the inspection of the proper officer, provided, that nothing in this Act shall be construed to prevent persons drilling for oil and gas from laying surface lines to transport or transmit gas to wells which are being drilled within this state and further provided, that factories in this state may transpor or transmit gas through pipe lines for their own use for factories located wholly within this state, upon securing the right of way from the state over or along the highways and from property owners to their lands.

Sec. 10. That no person, firm, or association or corporation shall ever be permitted to transmit or transport natural gas by pipe lines in this state or in this state construct or operate a pipe line for the transmission of natural gas, except such persons, firms, associations, or corporations be incorporated as in this Act provided, except as in section 9 of this Act, and provided further that all persons, firms, corporations, associations and institutions now doing the business of transporting or transmission natural gas in this state and otherwise complying with this Act are hereby permitted to incorporate under the provisions of this Act within ten days after the passage and approval of the same.

Sec. 11. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 12. An existing emergency is hereby declared by the legislature for the preservation of the public peace, health, and safety of the state.

Sec. 13. This act shall take effect from and after its passage and approval as provided by law.

Approved December 21, 1907,

LAWS 1909, P. 431.

MARCH 27, 1909.

REVISED STATUTES, 1910, SECTIONS 4301, 4302, 4303.

CHAPTER XXVI.

ARTICLE II.

AN ACT to regulate the use and preservation of oil and gas and providing penalties for the violation thereof, providing for an inspector, his duties, compensation and appropriation therefor and declaring an emergency.

Be it enacted, etc.:

NOTE: Sections 1 to 9 inclusive are under the title Natural Gas.

Sec. 10. Before any gas pipe line corporation shall acquire any right of way, or exercise right of eminent domain within this state, or construct any pipe lines for the transportation of gas, it shall file in the office of Corporation Commission, a plat showing in detail the points in this state, between, and the route along which its trunk line is proposed to be constructed, the intended size and capacity thereof, and the location and capacity of all pumping stations, gate valves, check valves, and connections of all kinds on said trunk lines; and upon the demand of the corporation commission they shall file a plat showing in detail all the lines owned or operated by them, with full information as to their capacity and size, location and capacity of their pumping station, gate valves, check valves and connections of all kinds in existence.

Sec. 11. All domestic gas pipe line corporations in this state are hereby authorized to build and operate and for that purpose to acquire, whether by purchase or the exercise of eminent domain, sites for the erection of pumping stations in this state wherever the same may be necessary, due consideration being had for the size, capacity, pressure, facilities and powers of all other gas pipe line corporations and gas consumers and gas producers, in the same gas district which may be affected by the use of said pumps.

Sec. 12. Every domestic gas pipe line corporation in this state is hereby given authority to build, construct and maintain gas pipe lines, over, under, across or through all highways, bridges, streets or alleys in this state, or any public place therein under the supervision of the inspector of oil and gas wells and pipe lines as to where and how in said highways, bridges, streets, alleys and public places said pipe lines shall be laid, subject to the control of the local municipalities as to how the business of distribution in that municipality shall be conducted, and subject to responsibility as otherwise provided by law. Provided, however, that whenever any gas pipe line crosses the land or premises of any one outside of a municipality, said corporation shall upon request of the owner of said premises connect said premises with a pipe line and furnish gas to said consumer at the same rate as charged in the nearest city or town.

Sec. 13. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 14. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this act shall be in force and effect from and after its passage and approval.

Approved March 27, 1909.

OIL-TRANSPORTATION-EMINENT DOMAIN.

LAWS 1907-8, P. 261.

REVISED STATUTES, 1910, SECTIONS 3186, 3189.

CHAPTER 20.

MAY 20, 1908.

AN ACT amending section 28, of Article 9, of Chapter 17. of the Statute of Oklahoma, 1893, and regulating the method of procedure in the condemnation of private property for both public and private use.

Be it enacted, etc.:

*

*

*

*

Sec. 2. Any oil pipe line company, organized under the laws of this State, shall have power to exercise the right of eminent domain in like manner as railroad companies, for the purpose of securing rights of way and sites for pumping stations, storage tanks or depots.

Sec. 5. Any private person, firm or corporation shall have power to exercise the right of eminent domain in like manner as railroad companies for private ways of necessity or for agricultural, mining and sanitary purposes.

NOTE: Section 1029, Section 28 of Article 9, Chapter 17, Statutes of 1893, applies to railroad companies only and is not given.

LAWS 1909, P. 425.

REVISED STATUTES, 1912, SECTIONS 4309-4812.

CHAPTER XXVI.

ARTICLE I.

MARCH 27, 1909.

AN ACT to regulate all corporations, associations, and persons engaged, in this state, in the business of carrying crude petroleum, or its products, through pipe lines; to regulate operators of oil wells and refineries of crude petroleum and its products, regulating the purchasing of mineral oil by pipe lines, providing punishments for violations thereof, and declaring an emergency. Be it enacted, etc.:

NOTE: Sections 6 to 8 are given here. Sections 1 to 5 and sections 9 to 13 inclusive are under the title, Pipe Lines.

Sec. 6. Before any corporation, joint stock company, limited co-partnership, partnership or other person, shall have, possess, enjoy or exercise the right of eminent domain, right-of-way, right to locate, maintain, or operate pipe lines, fixtures or equipment thereunto belonging, or used in connection therewith, as authorized by the provisions of this act, or shall have, possess, enjoy or exercise any right (the word "Right" in this connection being used in its most comprehensive legal sense) conferred by this act, every such corporation, joint stock company, limited co-partnership, partnership or other person, shall file in the office of the said Corporation Commission a proper and explicit authorized acceptance of the provisions of this act and the constitution of this state, and in cases of pipe lines a plat showing in detail the points within this state between which, and the route along which the trunk line or trunk lines are proposed to be constructed, the intended size and capacity thereof, and the location and capacity of all pumping stations, gate valves, check valves and connections and appliances of all kinds used, or to be used, on said trunk line or lines; and upon demand of the Corporation Commission the proper party or parties, as required

by said Commission, shall promptly file a plat showing in detail all the lines owned and operated by them respectively, with full and explicit information as to their capacity, size and location, and the capacity of their pumping stations, gate valves, ch ck valves and connections of all kinds, respectively required or used in the operation thereof.

Sec. 7. Every domestic pipe line company in this state is hereby given authority to build, construct, lay and maintain oil pipe lines over, under, across, or through all highways, bridges, streets or alleys in this state or any public place therein under the supervision of the inspector of oil and gas wells and pipe lines as to where and how in said highways, bridges, streets, alleys and public places said pipe lines shall be laid, subject to the control of the local municipalities, as to how the business of distribution in that municipality shall be conducted, and subject to responsibility as otherwise provided by law for any negligent injury thereby caused.

All persons, natural or artificial, except foreign corporations, shall have the right of eminent domain, and any right or privilege hereby conferred, when necessary to make effective the purposes of this act and the rights thereby conferred. Foreign corporations organized under the laws of any other state, or the United States, and doing or proposing to do business in this state, and which shall have become a body corporate pursuant to or in accordance with the laws of this state, and which, as hereby provided, shall have registered its acceptance of the terms hereof, shall receive all the benefits provided by this act.

Sec. 8. Upon a sworn statement of the necessities which would justify a judicial continuance, the Corporation Commission is authorized to extend the time for the filing of the said plats, not, however, to exceed 60 days.

PUBLIC UTILITIES-CORPORATION COMMISSION.

LAWS 1913, P. 150.

CHAPTER 93.

MARCH 25, 1913.

AN ACT to extend the jurisdiction of the Corporation Commission over the rates, charges, services and practice of water, heat, light and power companies, and to give said commission general supervision over such utilities, and declaring an emergency.

Sec. 1. The term "public utility," as used in this act, shall be taken to mean and include every corporation, association, company, individuals, their trustees, lessees, or receivers, successors or assigns, except cities, towns, or other bodies politic, that now or hereafter may own, operate, or manage any plant or equipment, or any part thereof, directly or indirectly, for public use, or may supply any commodity to be furnished to the public.

(a) For the conveyance of gas by pipe line.

(b) For the production, transmission, delivery, or furnishing of heat or light with gas.

*

The term "Commission" shall be taken to mean Corporation Commission of Oklahoma.

COMMISSION'S JURISDICTION OVER PUBLIC UTILITIES.

Sec. 2. The Commission shall have general supervision over all public utilities, with power to fix and establish rates and to prescribe rules, requirements and regulations, affecting their services, operation, and the management and conduct of their business; shall inquire into the management of the business thereof, and the method in which same is conducted. It shall have full visitorial and inquisitorial power to examine such public utilities, and keep informed as to their general conditions, their capitalization, rates, plants, equipments, apparatus, and other property owned, leased, controlled or operated, the value of same, the management, conduct, operation, practices and services; not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with the provisions of this act, and with the Constitution and laws of this state, and with the orders of the Commission.

IMPLIED POWERS OF COMMISSION-CONTEMPT.

Sec. 3. In addition to the powers enumerated, specified, mentioned or indicated in this act, the commission shall have all additional implied and incidental powers which may be proper and necessary to carry out, perform and execute all powers herein enumerated, specified, mentioned, or indicated, and to punish as for contempt such corporation, association, company or individual, their trustees, lessees, receivers, succèssors and assigns, for the disobedience of its orders in the manner provided for punishment of transportation and transmission companies, by the Constitution and Laws of this State.

RECORDS OF PUBLIC UTILITY BUSINESS.

Sec. 4. In case of the owner or operator of any public utility is engaged in carrying on any other business in connection with the operation of such public utility, the commission may require the cost of the operation and gross revenues of such joint business to be kept in such form and manner as may be prescribed by the Commission so that the cost of the operation and gross revenues of the public utility may be ascertained.

ORDERS OF COMMISSION-SCOPE RIGHT OF APPEAL.

Sec. 5. The Commission may, from time to time, adopt or promulgate, such orders, rules, regulations or requirements, relative to investigations, inspections, tests, audits, and valuations of the plants and properties relative to inspection and tests of meters as in its judgment may be necessary and proper; provided, that under the provisions of this act, any public utility, corporation, association, company, individual, their trustees, lessees or receivers, successors, or assigns, may appeal from any order or finding or judgment of the Corporation Commission as provided by law in cases tried and heard before said Commission of transportation and transmission companies.

EMERGENCY.

Sec. 6. For the preservation of the public health, peace and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in force from and after its passage and approval;

Approved, March 25, 1913.