THE PRESIDENT OF THE UNITED STATES v. Skeen, 9384
| Decision Date | 04 March 1941 |
| Docket Number | No. 9384,9513.,9384 |
| Citation | 118 F.2d 58 |
| Parties | THE PRESIDENT OF THE UNITED STATES v. SKEEN. SAME v. THERON OIL CO. et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Steve M. King, U. S. Atty., and John D. Rienstra, Fred Hull, and Warren Moore, Asst. U. S. Attys., all of Beaumont, Tex., for appellant.
W. T. Saye and J. N. Saye, both of Longview, Tex., for appellees.
Steve M. King, U. S. Atty., and Warren Moore, Asst. U. S. Atty., both of Beaumont, Tex., for appellant.
T. R. Boone and Charles C. McDugald, both of Wichita Falls, Tex., for appellees.
Before FOSTER, SIBLEY, and McCORD, Circuit Judges.
These two cases present identical questions and may be disposed of by one opinion.
The suits were brought by the United States Attorney in the name of the President of the United States to secure mandatory injunctions under the provisions of the Act of February 22, 1935, as amended, known as the Connally Act, 15 U.S.C.A. § 715i.
The complaint recites pertinent provisions of Section 5 of the Act, 15 U.S.C.A. § 715d, authorizing the President to prescribe necessary and appropriate regulations for its enforcement; recites executive orders Nos. 6979, 7756 and 7758, under which Federal Tender Board No. 1, located at Kilgore, Texas, was established, for the East Texas field covering Gregg, Upshur, Smith and Rusk counties and part of Cherokee County; and alleges defendants are operating in the East Texas field, with sufficient particularity, but refuses to permit any person authorized by said Board to enter upon their property and facilities for any purpose; have refused to file monthly reports on forms approved by the Secretary of the Interior; and have refused to keep and maintain in the office of the said Board diagrams required by the regulations, in violation of the regulations recited. On motions of defendants, the suits were dismissed for want of equity, without written opinion.
The question presented for decision is whether the suits were maintainable without allegations charging defendants were engaged in interstate commerce in the production, disposal and distribution of crude oil.
The purpose of the Connally Act, 15 U.S.C.A. § 715 et seq., is to aid the states in enforcing laws limiting the amount of oil permitted to be produced from wells in designated fields, by prohibiting shipment of excess oil produced, known as "hot" oil, in interstate commerce. It is settled that the law is a valid enactment of Congre...
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