“ No act or definite course of conduct is specified as controlling, and, upon the trial of one charged with committing waste in violation of the act, the court could not foresee or prescribe the scope of the inquiry that reasonably might have a bearing or be necessary in determining whether in fact there had been waste. ”

“ Every person has the right to drill wells on his own land and take from the pools below all the gas and oil that he may be able to reduce to possession including that coming from land belonging to others, but the right to take and thus to acquire ownership is subject to the reasonable exertion of the power of the state to prevent unnecessary loss, destruction, or waste. ”

“ Neither the umpire nor the members of the committee are public officers; they are mere agents or employees of the commission. The evidence does not establish that they have been guilty of favoritism or dishonesty, or that the commission has acted arbitrarily or discriminated in favor of the groups paying such agents, or that the plaintiff has suffered any injury by reason thereof. ”

“ The fact that the commission never limited production below market demand and the great and long continued downward trend of prices contemporaneously with the enforcement of proration strongly support the finding that the orders assailed have not had that effect. And if section 2 were to be held unconstitutional, the provisions on which the orders rest would remain in force. The unconstitutionality of a part of an act does not necessarily defeat or affect the validity of its remaining provisions. ”

“ The commission construes the act as intended to empower it to limit production to the amount of the reasonable daily market demand and to require ratable production by all taking from the common source. In current orders it has found that waste of oil will result in the prorated areas unless production is limited to such demand. ”

“ He spent all his time in the Oklahoma City field, leaving Collins to serve in the other prorated areas. They supervised the taking of gauges, ascertained daily production of prorated wells, checked the same against quantities transported, and kept complete records, to the end that wells in each pool should be operated in accordance with the commission's rules, and that violations be detected and reported. ”

“ Since the passage of the act, the commission has from time to time made 'proration orders.'
The court made its findings which, so far as need be given here, are indicated below:
Plaintiff is engaged in Oklahoma in the business of producing and refining crude oil and transporting and marketing it and its products in intrastate and interstate commerce. It has oil and gas leases in both the Greater Seminole and the Oklahoma City fields. In each field it has nine wells. It owns a refinery having a daily capacity of 15,000 barrels of crude, and there produces gasoline and other products. ”

“ It does not use earthen storage or permit its crude to run at large, or waste any oil produced at its wells. All that it can produce will be utilized for commercial purposes. It also purchases much oil.
The Greater Seminole area covers a territory fifteen to twenty by eight to ten miles, and has eight or more distinct pools in formations which do not overlie each other. The first pool was discovered in 1925, and by June 15, 1931, there were 2,141 producing wells having potential production of 564,908 barrels per day. The wells are separately owned and operated by 80 lessees. ”

“ And that power extends to the taker's unreasonable and wasteful use of natural gas pressure available for lifting the oil to the surface, and the unreasonable and wasteful depletion of a common supply of gas and oil to the injury to others entitled to resort to and take from the same pool. ”

“ About three-fourths of them, owning wells with 40 per cent. of the total potential capacity of the field, have no pipe lines or refineries, and are entirely dependent for an outlet for their crude upon others who purchase and transport oil. Five companies, owning wells with about 13 per cent. of the potential production, have pipe lines or refinery connections affording a partial outlet for their production. ”

“ Unless it is evident that the Legislature would not have enacted those provisions which are within its power, independently of that which is not, the invalid part may be dropped if what is left is fully operative as a law. ”

“ It has approximately 735 tank cars, operates about 470 miles of pipe line, including adequate facilities for the transportation of crude oil from the fields to its refinery, and has about 256 wholesale and 263 retail gasoline stations in Oklahoma and other states which are supplied from its refinery. At the refinery it has gastight steel storage tanks with a total capacity of about 645,000 barrels. ”

“ Nineteen other companies own or control pipe lines extending into this area having a daily capacity of 468,200 barrels, and most of them from time to time purchase oil from other producers in the field. ”