Legal Opinion

Clear Creek Oil & Gas Co. v. Fort Smith Spelter Co.

Supreme Court of Arkansas

Decided April 18, 1921PublishedCited by 20 opinions

Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; The record shows that the Corporation Commission was right, and the court erred in dismissing the petition, and the order of the commission should he placed in force.

Read the full summary

Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; The record shows that the Corporation Commission was right, and the court erred in dismissing the petition, and the order of the commission should he placed in force. Appellant was a public service corporation from the beginning', and all these parties dealt with it as such, subject to the rights of the State to regulate the rates made by it. 176 Cal. 499; 169 Pac. 59; 251. U. S. 228. Condemnation proceedings can not be had in favor of a private use; the right must be public. 57 Ark. 359; 64 Id. 357; 97 Id. 86; 97 Id. 495;…

1Opinion of the CourtMcCulloch, C. J.

Appellant is a domestic corporation, organized for the purpose of “sinking wells, boring for, providing and transporting crude oil and natural gas, coal, asphalt and any other minerals which may be found in the development of their property,” and, asserting itself to be a public utility in the operation of its business of producing, transporting and distributing natural gas, it filed its petition before the Arkansas Corporation Commission on May 13, 1920, praying that a new schedule of rates for the use of gas by smelters and other like consumers be fixed at ten cents per thousand cubic feet.…

2Cases cited7 opinions

  1. Producers Transportation Co. v. Railroad CommissionSupreme Court of the United States · 1920
  2. The Pipe Line CasesSupreme Court of the United States · 1914
  3. Allen v. Railroad CommissionCalifornia Supreme Court · 1918
  4. Producers Transportation Co. v. Railroad CommissionCalifornia Supreme Court · 1917
  5. Ozark Coal Co. v. Pennsylvania Anthracite RailroadSupreme Court of Arkansas · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Ark. State Highway Comm. v. Ark. Power & Light Co.Supreme Court of Arkansas · 1959
  2. Fort Smith Light & Traction Co. v. BourlandSupreme Court of Arkansas · 1923
  3. Southern Cities Distributing Co. v. CarterSupreme Court of Arkansas · 1931
  4. North Little Rock Water Co. v. Water Works CommissionSupreme Court of Arkansas · 1940
  5. Natural Gas & Fuel Corp. v. Norphlet Gas & Water Co.Supreme Court of Arkansas · 1927

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API