17; 101(1) of the Internal Revenue Code, 53 Stat. Defendants contend that the express provision in the lease excludes the operation of the implied covenant. Title 126, Revised Civil Statutes, Vernon's Ann.Civ.St.Tex. supra, note 2, pp.

ous measures are manifestations of the fact that in our national economy agriculture expresses functions and forces different from the other elements in the total economic process.   310 4. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. Defendants attempted to remove the equipment from these wells, and thereupon this action was brought.
291.3 Congress and the states have sometimes thought it necessary to control the supply and price of agricultural commodities with their respective spheres of jurisdiction, and the constitutional validity of these measures has been sustained.

322-23; Black, Agricultural Reform in the United States, pp. Footnote 6

Co. v. Herring (Tex.

The Gobitis family was physically attacked and their family grocery store was boycotted. , 564 S., 59 S.Ct.

OIL AND GAS--Duty of owner of producing lease to operate same so long as oil and gas may be produced in paying quantities however small the profit.It is the duty of the owner of a producing oil and gas lease to operate the same so long as oil or gas may be produced in such quantities as to pay to such owner a profit, however small, over and above the operating expenses. This caused great financial strain as the family faced the cost of sending the two children to private school. Beginning with the first enactment in 1894, the Texas antitrust laws have had a complicated and checkered history. They could not destroy or impair, by the removal of equipment necessary to operate the wells, the right of the lessor under the lease to have the oil and gas produced and saved. And the object and purpose of the parties in making the lease is to obtain a benefit therefrom.

Compelled free speech by public schools.

307 Footnote 2 [310 How did the Supreme Court rule in Billy’s case. 184

2. From such civil proceedings, which the Attorney General initiates, no exemption is given to farmers and stockmen. 26-111. U.S. 141, 149] This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The trial court enjoined the removal, but held that defendant Okmulgee Supply Corporation was entitled to receive from McPherson the reasonable rental value of the equipment, which the court fixed at $60 per month. Out of concern for the health and safety of the public and Supreme Court employees, the Supreme Court Building will be closed to the public until further notice. 876. U.S. 141, 147] the validity of the statute. Life, Liberty, & the Pursuit of Happiness Digital Textbook. 254-343; Buck, The Granger Movement, passim; Hicks, The Populist Revolt, passim; Sheldon, Populism in the Old Dominion, pp. Billy was a ten-year-old elementary school student in 1935. U.S. 141, 145]

& G. Co. v. Kimball Oil Development Co. (Tex.

operate the wells so long as they could be profitably operated, it was his duty to the lessor to furnish the necessary labor and equipment for such purpose at his own expense.

5 Billy Gobitis had to choose between attending public school and exercising his religion.

Co. v. Cunard S.S. Co., First, in the 1940 case of Minersville School District v. Footnote 3

[ ¶8 While McPherson has no rights or interest in the equipment as against defendants, he is under the same duty to the other plaintiffs to operate the property as was the original lessee.

Moreover, the whole problem of deterrence is related to still wider considerations affecting the temper of the community in which law operates. Appeal from District Court, Creek County; J. Harvey Smith, Judge. 132 S.W.2d 885. Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. In view of what has been said above respecting the rights. In Plessy v.Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of "separate but equal. The email address cannot be subscribed.

[310 267.3 Records of the Supreme Court of the United States 1790-1997 If so, should the government be able to compel national unity by requiring the Pledge of Allegiance. Co., 17, 15 U.S.C.A. , 34 S.Ct. OIL AND GAS--Duty of owner of producing lease to operate same so long as oil and gas may be produced in paying quantities however small the profit. substantial enough to permit substantive differentiation in formulating legislative policy do not permit differentiation as to remedy. But, as pointed out above, the court could not ignore the rights of the lessors because of the diversity of ownership in the lease and equipment. He argued that forcing students to say the pledge did violate the First Amendment because it abridged freedom of speech and prohibited the free exercise of religion. 7428-7437, Vernon's Ann.Civ.St. The valuation placed on the equipment by the witnesses was conflicting, defendants' evidence tending to prove it worth approximately $14,000, while plaintiffs' evidence tended to show its value at approximately $6,000. SAME--Provision of lease authorizing lessee "at any time" to remove equipment does not authorize removal of equipment necessary to operation of producing wells.A provision in an oil and gas lease giving the lessee the right, "at any time," to remove all machinery and fixtures, including the right to draw and remove casing, must be construed with the other provisions of the lease. His claim has been rejected by the Texas Court of Criminal Appeals. 17-20. SAME--Sale by lessee of casing and equipment to one party and of lease to another--Right of lessor to restrain removal of equipment necessary to production.Where an oil and gas lease is producing oil or gas in paying quantities, and the lessee sells the casing and equipment to one party, and thereafter sells the lease to another, the purchaser of the casing and equipment may not, over lessor's objection, remove casing or equipment necessary to the production of the oil or gas, unless other equipment is furnished by the purchaser of the lease. This requires consideration of the rights of the parties under the oil and gas lease.

A Jehovah’s Witness, he believed that saluting the flag is a form of idol worship, and a direct violation of the second commandment in the Bible. These embody the proposition that the equipment was personal property and could be sold apart from the lease, that the bill of sale thereof required them to remove it at once, and necessarily involved the conclusion by Briggs that the lease was no longer capable of producing in paying quantities, which was binding on all parties, and that therefore the removal thereof could not be enjoined. a taking of their property without due process of law.

The Sherman Law originally employed the injunction at the suit of the government, private action for triple damages, criminal prosecution and forfeiture. 72, 77, 15 U.S.C.A.

U.S. 401 47, and in the case of shipping combinations, by the Merchant Marine Act, 46 U.S.C.A. 1-61, 337-49; Nourse, Davis and Black, Three Years of the Agricultural Adjustment Administration, passim; Nourse, Marketing Agreements Under the A.A.A., pp. National unity is the basis of national security.” The Court rejected the claim that forcing Billy to say the pledge would violate his right to freely exercise his religion. At the core of all these enactments lies a conception of price and production policy for agriculture very different from that which underlies the demands made upon industry and commerce by anti-trust laws.

31, 120, 202, 215, 586, 775, 7 U.S.C.A. 1940 OK 428 114 P.2d 451 189 Okla. 139 Case Number: 28680 Decided: 10/15/1940 Supreme Court of Oklahoma. 33, 26 U.S.C.A.Int.Rev.Code, 101(1). Nor were the other plaintiffs under legal obligation to permit the removal of the equipment by defendants, and then litigate with McPherson over a failure or refusal on his part to replace it. This positive duty could not be evaded by the sale of the equipment on the lease after the profits had been decreased by the decline in production due to the approaching exhaustion of the oil and gas. , 52 S.Ct. The Building will remain open for official business. U.S. 389, 418 Microfilm Publications: M162. The rental fixed by the trial court was for the benefit of defendants, and was an attempt to do equity. Judgment for plaintiffs, and defendants appeal. Civ. Appellant was charged with participation in a conspiracy to fix the retail price of beer. No authority in support of this assertion is cited, and examination of the prior decisions of this court reveals that in controversies between the lessor and lessee as to whether a well produced oil or gas in paying quantities the question was considered one of fact to be determined by the trial court. 832(d). In its own groping efforts to deal with the problem of monopoly, the Texas legislature has in the course of nearly half a century invoked a dozen remedies. 1092, 84 L.Ed.

Co. v. Lewis, Defendants also contend that thejudgment is not supported by the evidence, and is contrary to law, and can-not be justified upon any theory presented by the evidence, and amounts to. of Oklahoma Supreme Court opinions. This was a question to be determined by the trial court from the evidence.

279). , 26 S.Ct. When Iowa superimposed upon its general antitrust law an additional penalty in the case of fire insurance combinations, this Court sustained 6 These large sections of the population-those who labored with their hands and those who worked the soil-were as a matter of economic fact in a different relation to the community from that occupied by industrial combinations.
Here is a brief review of eight such cases. U.S. 71

U.S. 533, 563 1


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