Cities Service Gas Co. v. Peerless Oil & Gas Co.

Apart from what has been stated in Justice Halley’s dissenting opinion and from other considerations upon which error in the holding of the majority opinion might be grounded, I am of the opinion the following considerations clearly demonstrate that the statement in the opinion that the Corporation Commission has authority to ,fix the price at which natural gas may be produced and taken from the field is not only without authority in law but is judicial legislation and that too in the face of a legislative enactment to the contrary.

The private ownership of the gas is recognized and the right…