Railroad Commission v. Real

McCLENDON, Chief Justice.

January -28, 1935,' Real brought this suit to enjoin the-members of the Railroad Commission' and other Officials from enforcing, as tó 100,000 barrels' of' fuel oil-, “a by-product of crude petroleum’ oil,” situated in the East Texas oil' field (Smith county), an order of the Commission promulgated December 5; Í934, under authority of section 1, chap. 45; p. 104, Acts 1934, Second Called Session, 43d Legislature (Vernon’s Ann. Civ. St. art. 6049c, § 5), whereby tenders as a prerequisite to shipment of crude petroleum, and the products thereof .were required, and as…