Railroad Commission v. Humble Oil & Refining Co.

The writer -dissents from the majority judgment striking down the prima facie and presumptive valid permit of the Commission to drill the oil well in question. Such permit order is not only made “prima facie valid” by statute (Arts. 6042 and 6049c, Sec. 8, Vernon’s Ann.Civ.St.); but “being an official act, would be presumptively valid without a statute.” Railroad Comm. v. Magnolia Pet. Co., 130 Tex. 484,109 S.W.2d 967, 972. The party challenging the permit order has the burden of showing by clear and satisfactory evidence leaving no doubt in the judicial mind, that the well was not necessary…