Tyreco Refining Co. v. State, 4924.

• Decision Date: 01 March 1935
• Docket Number: No. 4924.,4924.
• Citation: 81 S.W.2d 291
• Parties: TYRECO REFINING CO., Inc., v. STATE et al.
• Court: Texas Court of Appeals

81 S.W.2d 291

TYRECO REFINING CO., Inc., v. STATE et al.

No. 4924.

Court of Civil Appeals of Texas. Texarkana.

March 1, 1935.

Rehearing Denied March 28, 1935.

Appeal from District Court, Smith County; Walter G. Russell, Judge.

Suit by the State of Texas and the Railroad Commission of the State of Texas against Tyreco Refining Company, Incorporated. From an order granting a temporary injunction, defendant appeals.

Affirmed.

F. W. Fischer, of Tyler, for appellant.

William McCraw, Atty. Gen., and Tom D. Rowell, Jr., Asst. Atty. Gen., for appellees.

JOHNSON, Chief Justice.

The appeal is from an interlocutory order granting a temporary injunction against the Tyreco Refining Company, Inc., entered by the judge upon the plaintiffs' verified petition, and before issuance of notice to the defendant.

The suit is brought in the name of the State of Texas and the Railroad Commission of the State of Texas appearing by and through the Attorney General of the state of Texas acting at the request and by direction of the Railroad Commission of Texas, and seeks to recover statutory penalties against the defendant, Tyreco Refining Company, a corporation, for alleged violation of certain provisions of Revised Statutes, title 102, particularly article 6049c, as added by Acts 1931, 42d Leg. 1st Called Sess. c. 26, p. 46, § 4 (Vernon's Ann. Civ. St. art. 6049c); and for alleged violations of certain orders, rules, and regulations of the Railroad Commission of the state of Texas, particularly its orders of February 15, 1933, and April 3, 1934, and December 5, 1934, made a part of plaintiffs' petition and alleged to be valid orders promulgated and passed by the Railroad Commission of Texas to prevent the waste of crude petroleum oil. Said orders in substance and effect provide:

"Order of February 15, 1933: That oil produced in the East Texas field shall not be delivered, accepted, transported or otherwise handled by any person, firm or corporation without having a tender therefor issued by the Railroad Commission in terms as provided for in the order.

"Order of April 3, 1934: Requires each refinery to file daily reports with the Oil and Gas Division of the Railroad Commission showing the amount of oil purchased each day and from whom purchased and the amount sold and/or run to stills and processed each day; and the filing of monthly reports giving specified data.

"Order of December 5, 1934: Requires that every person owning or processing any product of crude oil who desires to have transported such product from any oil field in the State of Texas or from any refinery or any other plant, must first secure from the Railroad Commission of Texas a permit in writing authorizing such person to have such product so transported, and that certain information shall be furnished the Railroad Commission precedent to issuance of said permit."

The petition shows that defendant is a party amenable to the provisions of said orders of the Railroad Commission of Texas, under the terms of Vernon's Ann. Civ. St. article 6049c, subjecting thereto "any party engaged in the production, storage or transportation of crude petroleum oil or natural gas," by allegations as follows: "That the defendant, Tyreco Refining Company, is by its charter authorized to and is in fact engaged in storing, transporting, buying and selling oil and gas, salt, brine, and other mineral solutions. This corporation accepts and adopts all provisions of Chapter 15, Title 32, of the R. C. S. of 1925 and amendments thereto, and shall have all the powers and be subject to the limitations therein contained."

The petition states specific acts alleged to have been committed by the defendant on certain dates which constitute violations of each of said orders of the Railroad Commission, and further alleges: "That the defendant has hereto failed and refused and still fails and refuses to comply with said orders, rules and regulations, and has been and is purchasing and transporting and handling crude petroleum which was produced in excess of the amount allowed by the orders, rules and regulations of the Railroad Commission of the State of Texas, and without in any wise complying with said order of February 15, 1933, and said order of April 3, 1934, and said order of December 5, 1934."

Plaintiff prays for judgment, for penalties, for a receiver, foreclosure of lien, and for temporary injunction, and that upon hearing such temporary injunction be made permanent, restraining the defendant, its agents, servants, and employees:

"(a) From further purchasing or transporting, or...