copies of records shall be furnished without charge to all state, county and municipal officers, when the same are to be used in the interest of the public. 2. That copies of all records in the office of the Commission shall be furnished without charge to the state, counties and municipalities. 3. That copies of records shall be furnished without charge to all churches, benevolent, ellemosynary and charitable institutions. 4. That uncertified copies of orders or extracts therefrom may be given to newspapers, or reporters may be permitted to copy the same for the purpose of publication without charge. 5. That copies of all orders be served on the party to whom directed so that the order may become effective as now provided by the Constitution.

Oklahoma City, June 2, 1915.

ORDER No. 920-Cause No. 2287.

(P. U. R. 1915 E. 156; Eighth and Ninth Annual Reports, p. 252.) RULES RELATIVE TO THE CONSERVATION OF CRUDE OIL, OR PETROLEUM IN THE HEALDTON FIELD.

Wherefore the Commission considers, orders and adjudges that in order to prevent waste and to regulate the taking of oil from the common source of supply, and to prevent the inequitable and unfair taking of oil from the common source of supply in the Healdton field, the following rules and regulations are hereby made and established.

(1) The practice, plan or device of placing or holding crude oil in earthen reservoirs (sometimes called pond storage) heretofore in use in the Healdton field is hereby discontinued and prohibited.

(2) The use of wooden or steel storage is permitted under the limitations, restrictions and qualifications hereinafter found.

(3) No operator (person, firm or corporation, having the right to drill into and produce oil from the common source of supply) shall take from the potential production of the Healdton field more than his fair and equitable proportion thereof, and in order that the potential production of said field may be determined for the purpose of establishing a basis for the fair and equitable taking of oil from the common source, it is ordered that A. L. Walker, heretofore appointed as agent of the Commission, or his successor in office, make a gauge of each oil well in said field and as its rules and regulations for the taking and making of such a gauge, the Commission authorizes its agents to use and uniformly apply the method and plan now recognized and in common

use.

(4) That upon ascertaining the potential production of the field the agent of the Commission shall thereupon ascertain the transportation or market facilities and ascertain the amount of oil necessary to meet the daily market demands.

(5) That the daily actual production of the oil field shall be restricted and confined to such a quantity as is necessary to supply the probable daily market demand with the exception hereinafter provided; that is to say, the raising of the oil from the sand or the production from the common source of supply shall be done by the operators in said field only to the extent of the amount necessary to meet the ascertained daily market demands and under the conditions set forth in the rules and regulations of the Commission.

(6)

The capacity or potential production of each well in said field shall be ascertained in the manner and by the means above outlined and thereupon the owner in the operation thereof shall be restricted in raising oil from under ground to the surface to the following extent; that is to say, the agent of the Commission in said field shall in accordance with these rules ascertain the ratio of the daily market demand to the potential production and then the actual production shall be limited to the market demand, and in supplying the market demand the operators shall be permitted to produce ratably, that is to say, only such a per cent of the possible production of each well as is necessary to make up upon the whole daily market demand.

(7) In order to guard against unforeseen casualties and contingencies and to the end that the market may not at any time be deprived of an adequate supply, the use of wooden or steel storage permitted as aforesaid is hereby authorized for the storage of the whole or potential production of any well or number of wells on any one lease or property for a perid of ten days, but in running the oil so produced, it shall be run according to the fair and equitable pro rata of the operator according to the plan hereby established, or in other words, if an operator chooses to accumulate his whole possible production for a period of ten days, then upon the sale of the same he shall be wholly precluded and prohibited from raising any other oil from the sand to the surface until he is due another run upon the pro rata basis.

(8) The Commission in avoidance of any controversy pertinent to the legal status of common carrier and common purchaser runs applies the rules and regulations wholly, and therefore both directly and indirectly, to the production of oil and not to the marketing of the same, or rather to the raising of the oil from the sands to the surface, and hereby authorizes its agent in the regulation of fair an dequitable production as aforesaid to prohibit the raising of oil from the sands to the surface and except such as can be marketed under these rules and regulations.

(9) The storage of oil by any common purchaser or purchasers bought ratably in open market bona fide to be held as stock under the usual custom of the trade for the purpose of refining or for sale of the consumer is not prohibited by the rules hereinbefore prescribed.

(10) These rules shall not be interpreted so as to require the oil to be produced ratably each day, but the amount produced from any one well within a period of thirty days shall not exceed the pro rata permissible daily production.

This order shall be in full force and effect on and after its publication as required by law.

Oklahoma City, June 5, 1915.

For letter of Instructions to Conservation Agent, See Eighth and Ninth Annual Reports, p. 262.

ORDER No. 982-Cause No. 2027.

(P. U. R. 1916A, 358.)

(Pending in Supreme Court on Appeals.)

REQUIRING CARRIERS TO FILE APPLICATION WITH THE CORPORATION COMMISSION AND SECURE ITS APPROVAL BEFORE ADVANCING FREIGHT OR PASSENGER RATES.

To the Atchison, Topeka & Santa Fe Railway Company; Chicago, Rock Island & Pacific Railway Company; Choctaw, Newcastle & Western Railroad Company; Clinton & Oklahoma Western Railway Company; Fort Smith & Western Railroad Company; Fort Smith, Poteau & Western Railroad Company; Gulf, Colorado & Santa Fe Railway Company; Kansas City, Mexico & Orient Railway Company; Kansas City, Mexico & Orient Railway Company of Texas; Kansas City Southern Railway Company; Midland Valley Railroad Company; Missouri, Kansas & Texas Railway Company; Missouri, Oklahoma & Gulf Railway Company; Oklahoma Central Railway Company; Oklahoma, Kansas & Missouri Interurban Railway Company; Oklahoma, New Mexico & Pacific Railway Company; St. Louis & San Francisco Railroad Company; St. Louis, El Reno & Western Railway Company; St. Louis, Iron Mountain & Southern Railway Company; Wichita Falls & Northwestern Railway Company.

On April 1, 1914, the Commission gave notice to the above railroad companies, that on April 14, 1914, it would hear any objections and evidence which the carriers might present in opposition to a proposed order to the effect that:

"The rate now charged for all freight service and rates now charged for passenger service shall not be advanced by any carrier until such service is approved by the Commission and tariffs regularly filed with the Commission," etc.

Thereafter the Atchison, Topeka & Santa Fe Railway Company; Gulf, Colorado & Santa Fe Railway Company; the Kansas City Southern Railway Company; The Chicago, Rock Island & Pacific Railway Company; St. Louis & San Francisco Railroad Company and the Missouri, Kansas & Texas Railway Company filed "objections" against making and promulgating said order, stating therein as grounds for said objections:

"1. That the Commission is withotu jurisdiction to make said order as applied to freight rates. 2. That the Commission is without jurisdiction to make said order, as applied to passenger fares. 3. Because the entire intrastate revenue of each of these defendants is insufficient to yield a fair return upon the value of its property devoted to the intrastate business of these several defendants respectively, and particularly is the intrastate revenue of each of said defendants insufficient to yield a fair return upon the value of its property devoted to the intrastate passenger business."

On May 8, 1914, the matter came on for final hearing and was submitted without any evidence being taken at said time. There was no objection made to an order being made as outlined, except those made in the written "Objections" filed. The carriers offered no evidence.

In determining the fairness of rates to be charged for public service, both parties to the service must be considered. Neither the rights of the public nor those of the carrier are to be ignored. It is a rule invariably enforced, that before rates charged by the carrier can be reduced, an opportunity to be heard shall be given to the carrier. Carriers insistently demand that this opportunity shall be afforded, in order that they may produce such evidence and facts as they deem essential to a proper determination of the reasonableness of the rates proposed. In our opinion, the public should not be required to pay advanced rates without an equal opportunity to be heard. In other words, the public who pay the rates ought to be considered upon the same footing with carriers who furnish the service. No rates should be increased unless there is good reason therefor; if the carrier deems the rates charged to be inadequate, certainly this conclusion ought to be founded upon facts within its

possession; if so, those facts could be presented to the Commission without casting any undue burden upon the carrier; if the facts do not warrant such increase no advance in rates should be allowed. Moreover, it is a well known fact that individual shippers are seldom in position to successfully attack the power of the carrier to charge and collect its published rate; the shipper must, if his commodities are to be moved, pay whatever charge is made and look to the future for reparation; advanced freight rates may circumscribe the activities of particular manufacturing concerns and may drive wholesalers and jobbers from territory in which an extensive business has been established. Yet, it may be found after a thorough investigation that there was no justification for the advanced rates. We believe it fairer that the investigation into the reasonableness of increased rates should be made before the advances are put into effect, rather than thereaftr.

It is therefore ordered that the said Atchison, Topeka & Santa Fe Railway Company; Chicago, Rock Island & Pacific Railway Company; Choctaw, Newcastle & Western Railroad Copmany; Clinton & Oklahoma Western Railway Company; Fort Smith & Western Railroad Company; Fort Smith. Poteau & Western Railroad Company; Gulf, Colorado & Santa Fe Railway Company: Kansas City, Mexico & Orient Railway Company; Kansas City, Mexico & Orient Railway Company of Texas; Kansas City Southern Railway Company; Midland Valley Railroad Company; Missouri, Kansas & Texas Railway Company; Missouri, Oklahoma & Gulf Railway Company; Oklahoma Central Railway Company; Oklahoma, Kansas & Missouri Interurban Railway Company; Oklahoma, New Mexico & Pacific Railway Company; St. Louis & San Francisco Railroad Company: St. Louis, El Reno & Western Railway Company: St. Louis, Iron Mountain & Southern Railway Company; Wichita Falls & Northwestern Railway Company, shall not advance the rates now charged for freight or passenger service until such advance is approved by this Commission and tariffs regularly filed with the Commission. This order shall be in full force and effect from and after the 15th day of November, 1915.

Dated: Oklahoma City, Oklahoma, 2nd day of November, 1915.

ORDER No. 1028-Cause No. 2440.

(P. U. R. 1916 D. 94: Eighth and Ninth Annual Reports, p. 444.)
REQUIRING ADEQUATE SUPPLY OF GAS FOR DOMESTIC
CONSUMPTION.
ORDER.

To all Corporations, Associations, Companies, Individuals, etc., supplying natural or artificial gas for domestic consumption, either directly to consumers or to corporations, associations, companies or individuals, etc.. for distribution for domestic consumption; such corporations, associations companies, individuals, etc., being more particularly described as follows: (Section 1. Chapter 93, Session Laws, 1913.)

"Every corporation, association, company, individual. their trustees. lessees or receivers, successors or assigns, except cities, towns or other bodies politic, that now or hereafter may own, operate or manage any plant or equipment, or any part thereof, directly or indirectly for public use, or may supply any commodity to be furnished to the public:

(a) For the conveyance of gas by pipe line.

(b)

For the production, transmission, delivery or furnishing of heat or light with gas."

The Commission having issued its proposed order 151, which proposed order was published once a week for four consecutive weeks in the Daily Oklahoman, a newspaper of general circulation, published in the city of Oklahoma City, County of Oklahoma, State of Oklahoma, together with notice of the time and place, when and where the Commission would hear any objections which might be urged by any person interested, against said proposed order and no objection to said order having been made at said hearing, and the Commission having made its findings of facts and being fully advised in the premises:

It is therefore, considered, ordered and adjudged that each and every corporation, association, company, individual, their trustees, lessees, or receiv-. ers, successors or assigns (more particularly described above, Section 1, Chapter 93, Session Laws, 1913), supplying natural gas for domestic consumption, or for the conveyance of gas by pipe line, for the production, transmission, delivery, or furnishing of heat or light with gas, or in any way, directly or indirectly, supplying natural or artificial gas for domestic consumption, is hereby required to so construct and equip and maintain its pipe lines, main and distributing systems as to be able at all times to furnish an adequate supply of gas for domestic consmuption and is hereby ordered to furnish and supply at all times an adequate amount of the proper quality for heating, cooking and lighting, for domestic consumption.

This order shall be in full force and effect on and after the 20th day of April, 1916, a day after publication once a week, for four consecutive weeks, in the Daily Oklahoman, a newspaper of general circulation published in the county in which the Capitol of the State is located, as required by law. (Sec. 18, Art. IX, Constitution.)

In witness whereof, we have hereunto set our hands and caused to be affixed the seal of the Corporation Commission of Oklahoma, this the 11th day of March, 1916.

In re proposed Order 156, directed to persons, firms or corporations operating cotton gins in the State of Oklahoma, and relating to prices, practices, etc., governing ginning of cotton.

ORDER.

Prusuant to publication of proposed Order No. 156 of the Corporation Commission of Oklahoma, in manner and form as prescribed by law, and to hearing held at Oklahoma City in accordance with notice in said proposed Order No. 156, on May 9th, 1917, the following order is issued.

(1) All persons, firms or corporations owning or operating cotton gins within the State of Oklahoma, shall file with the Corporation Commission during the month of July report for the year ending the last day of June, last