William O. Douglas

“ The judgment of the Oklahoma court is not 'final' merely because it establishes that Republic has no right to drain away the Peerless gas without paying for it. I think it would be conceded that, even so, the judgment would not be 'final' if it offered appellant three alternative ways to comply and there were doubts as to the constitutionality of any one of them. ”

“ To make Republic a 'carrier' is to submit it to different business risks than to make it a 'purchaser.' The fact that each would raise only questions of 'due process' under the Fourteenth Amendment does not mean that the questions are identical. Even when reasonableness is the test, judges have developed great contrariety of opinions. The point is that today the variables are presented only in the abstract. Tomorrow the facts will be known, when the precise impact of the order on appellant will be determined. ”

“ There is, of course, in the one case the chance of saving the order only if one remedy rather than another is chosen, while in the other the order would survive whichever was chosen. But in each we would be giving needless constitutional dissertations on some points. ”