Bond v. Phelps

POWELL, Special Justice

(dissenting). The facts have been stated.

I concur in the conclusion reached by Justice Branson that the writ should be denied, but I find nothing wrong with the germane and nongermane theory as such. Anyway, this court is committed to that rule. The difficulty has been in determining what added duties may be said to be germane and what added duties may be said to be nongermane.

The Legislature deemed the annotating duties prescribed by House Bill No. 172, which we will quote hereinafter, to be germane to the duties of the commissioners as conservators of the oil and gas…