People v. Associated Oil Co.

SHENK, J.

This is an appeal from an order granting a preliminary injunction. The action was brought against some forty-three oil producers in the Santa Fe Springs Oil Field in Los Angeles County to enjoin the unreasonable waste of natural gas pursuant to the provisions of the so-called “Oil and Gas Conservation Act” of 1915 (Stats. 1915, p. 1404), as amended in 1929 (Stats. 1929, p. 923). After notice and hearing the court, on March 19, Í930, issued a temporary injunction as prayed for in the complaint. The terms of this injunction were modified on March 28, 1930. From the injunction as modified this appeal was taken by three of the defendants in the action, to wit: Twin Bell Syndicate, Second Twin Bell Syndicate and Star Petroleum Company. An application was then made by these appellants for a writ of

supersedeas

to stay the operation of the injunction pending the appeal therefrom. The application

[78]

was denied by this court on December 3, 1930.

(People

v.

Associated Oil Co. et al.,

211 Cal. 93 [294 Pac. 717].)

The order appealed from is attacked first on the ground that the statute under which the action was brought is unconstitutional, and secondly that the injunction issued is void as to these appellants by reason of alleged discrimination against them, but particularly as against the operations of well No. 4 of the Star Petroleum Company.

The questions involving the alleged unconstitutionality of the statute were presented for determination and were decided by this court contrary to the appellants’ contentions upon the application for the writ of

supersedeas.

The terms of the temporary injunction were also set forth in the opinion rendered on that application.

It will be unnecessary to discuss the several questions raised by the appellants as to the alleged unconstitutionality of the statute for the reason that they are the same as those presented and determined in the former proceeding. It 'was also there stated by this court that, conceding the effect of the preliminary injunction to be that Star Well No. 4 would have to be shut down, the showing of the unreasonable waste of gas therefrom would justify it.