Lindsley v. Natural Carbonic Gas Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED. STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. By a bill in equity exhibited in the Circuit Court the appellant, as owner and holder of capital stock and bonds of the Natural Carbonic Gas Company, sought a decree enjoining that company from obeying, and the other defendants from enforcing, a statute of the State of New York, approved May 20, 1908, entitled “An act for the protection of the natural mineral springs of the State and…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED. STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. By a bill in equity exhibited in the Circuit Court the appellant, as owner and holder of capital stock and bonds of the Natural Carbonic Gas Company, sought a decree enjoining that company from obeying, and the other defendants from enforcing, a statute of the State of New York, approved May 20, 1908, entitled “An act for the protection of the natural mineral springs of the State and to prevent waste and impairment of its natural mineral waters,” and containing, among others, this provision: “Pumping,…
1Opinion of the Court
Mr. Justice Van Devanter,
having made the foregoing statement, delivered the opinion of the court..The statute, against whose enforcement the suit is directed, contains several restrictive provisions more or less directly connected with the purpose;suggested by its title, but we are concerned with only the one before set forth, because the Court of Appeals of the State has pronounced the others invalid and counsel have treated them as thereby eliminated from the statute and from present consideration.
Coming to the provision in question, it is necessary to inquire what construction has been put…
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