Charles Evans Hughes

“ When the rights of one impinge upon the rights of others the state may interpose for the purpose of adjusting and regulating the enjoyment of those rights.' The District Court of Appeal apparently thought it doubtful whether the state might restrict or regulate the production of oil or gas 'on the theory of the public's interest in their natural resources,' but deemed it unnecessary to decide that question in the present case. ”

“ The appellants make the further contention that the statute is invalid because of the provisions of section 8b (supra, page 10) that 'the blowing, release or escape of natural gas into the air shall be prima facie evidence of unreasonable waste.' The state, in the exercise of its general power to prescribe rules of evidence, may provide that proof of a particular fact, or of several facts taken collectively, shall be prima facie evidence of another fact when there is some rational connection between the fact proved and the ultimate fact presumed. ”

“ The importance of gas in the oil-producing industry has, therefore, become a question of great concern to the industry itself and to government, to the end that its function may be fully utilized without waste. ”

“ The writ of prohibition is not available as a substitute for an appeal from a court having jurisdiction. As was said by the Supreme Court of California, in Truck Owners & Shippers, Inc., v. Superior Court, 194 Cal. 146, 155, 228 P. 19, 22, 23: 'If the superior court has jurisdiction to entertain the action, it has the power to define the right sought to be protected. ”

“ The natural gas may be in a free state at the top of the dome, but is also in solution with the oil, thus increasing the fluidity of the oil and the ease with which the oil is lifted with the gas in solution when the pressure on the gas is released by drilling into the oil 'sand.' It is estimated that only from 10 to 25 per cent. of the total amount of oil deposited in a reservoir is ultimately recovered, depending on the natural characteristics of the reservoir and the methods employed in utilizing the lifting power of the gas. ”