William R. Day

“ As we have said, this court in its decision affirmed the right of the complainants, in the conduct of interstate commerce, to take natural gas out of the state, and declared that a state could not prohibit the transportation of such product beyond its borders, and that the legislative act in question was an act the main purpose and effect of which were to prohibit the exercise of lawful rights secured by the Federal Constitution.
Construing the decree as we do, we think there is no occasion to modify its terms. ”

“ In the course of the opinion the court recognized the right of the state by proper legislation to regulate the removal from the earth of natural gas by the owner thereof, so as to prevent its undue waste, but maintained the decree of the court below, declaring this particular act unconstitutional, upon the grounds of its prohibitory character in attempting to prevent the transmission from the state through the pipe lines of the complainants of a legitimate subject of interstate commerce. ”

“ All pipe lines for the transportation or transmission of natural gas in this state shall be laid under the direction and inspection of proper persons skilled in such business, to be designated by the chief mining inspector for such duty, and the expenses of such inspection and supervision shall be borne and paid for by the parties laying and constructing such pipe lines for the transportation or transmission of natural gas. ”