CHAPTER 22. CEMETERIES-MUNICIPALITY MAY PURCHASE ADDITIONS. AN ACT authorizing incorporated cities and towns to acquire additional lands for cemetery or park purposes, and declaring an emergency. Be It Enacted by the People of the State of Oklahoma: Section 1. In any case where there is now an established cemetery, situate within the corporate limits of any city or town, and now used or occupied for burial purposes, and there are platted lots or parcels of land contiguous to such cemetery and located or lying between such cemetery and a public street or highway open and used for public travel, the mayor and city council or commissioners of any such city, or the board of trustees of any such town, are hereby authorized to acquire any such lots or parcels of land, by purchase or donation, for additional park or cemetery purposes, and when so acquired, the title shall vest in the municipality. The municipality may subdivide or plat any such lots or lands so acquired into suitable parcels for burial purposes and make such disposition thereof as will in the judgment of the council, commissioners or trustees best serve the purpose for which the same was acquired. Any such lands so acquired shall thereafter be exempt from taxation and the municipality shall have power to pay and discharge any assessments against the same for the improvements of streets or the construction of sewers. Emergency. Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in force upon its passage and approval. Approved February 12, 1915. S. L. '15 1 CHAPTER 23. JUSTICE OF PEACE-CHANGE OF VENUE-CAUSES AND RE STRICTIONS. AN ACT to amend section 5418, article 6, chapter 61, of the Revised Laws of Oklahoma, 1916 and entitled "Procedure Civil-before Justice," to allow but one change of venue in civil cases to plaintiff and defendant before justice of the peace. Be It Enacted by the People of the State of Oklahoma: Change of Venue-When Permitted. Section 1. That section 5418, article 6, chapter 61, of the Revised Laws of Oklahoma, 1910, be and the same is hereby amended to read as follows: "Section 5418, If on the return of process, or at any time before the trial shall have been commenced, either party shall file with the justice of the peace before whom any cause is instituted or is pending for trial, an affidavit, stating: "First, that such justice is a material witness for either party; or, Second, that he verily believes that he can not have a fair and impartial trial before such justice, on account of the bias or prejudice of the said justice against the affiant; or Third, if a jury be demanded by the adverse party, then, that he can not, as he verily believes, have a fair and impartial trial in such district, on account of the bias or prejudice of the citizens thereof, the trial of the case shall be changed to some other justice of the peace, as provided in the next section; Provided, that but one change of venue shall be allowed to plaintiff and but one to the defendant. Approved February 12, 1915. CHAPTER 24. CORPORATIONS-ORGANIZED FOR CERTAIN PURPOSES. AN ACT amending section 1220, article 1, chapter xv, Revised Laws of Oklahoma. 1910, entitled, "Corporations," and authorizing persons to form private corporations for the purpose of conducting, carrying on, maintaining and operating automobile races, baseball games, and other public sports, and declaring an emergency. Be It Enacted by the People of the State of Oklahoma: Amendment to Include Public Sports. Section 1. That section 1220, article 1, chapter 15, of the Revised Laws of Oklahoma, 1910, be and the same is hereby amended to read as follows: Section 1220. PRIVATE CORPORATIONS MAY BE FORMED -FOR WHAT PURPOSE. Private corporations may be formed by the voluntary association of three or more persons upon complying with the provisions of this chapter, for the following purposes, namely: "Mining, manufacturing, and other industrial pursuits, the construction of railroads, wagon roads, bridges, and street railways, electric light, power and gas plants, water works, irrigating ditches, colleges, seminaries, churches, libraries, benevolent, charitable, charitable, literary, educational, scientific and historical associations, building and investment companies, loan, trust and guarantee associations, merchandising, wholesale or retail, or both; for the purpose of locating, laying out, improving townsites, and buying and selling real estate therefor, including the sale and conveyance of the same in lots, subdivisions or otherwise; also for the purpose of constructing telegraph and telephone lines and systems; also for the purpose of conducting, carrying on, maintaining and operating automobile races; also for the purpose of conducting, carrying on, maintaining and operating base ball games and other public sports, not prohibited by law, and for the organization and maintenance of commercial clubs and business exchanges, and all such corporations shall have the right to purchase, hold and improve and convey real estate for the purpose of their incorporation and to transact any and all business connected therewith; also for the purpose of constructing sewers and other municipal improvements, with the additional power of selling their property to municipal corporations where such improvements are located." Emergency. Section 2. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this act shall take effect and be in force from and after its passage and approval. Approved February 11, 1915. CHAPTER 25. OIL AND GAS-PRODUCTION AND SALE-POWERS OF CORPORATION COMMISSION. AN ACT defining and prohibiting the waste of crude oil or petroleum, providing for the equitable taking of the same from the ground and conferring authority on the Corporation Commission, prescribing the penalty for the violation of his act and declaring an emergency. Bb It Enacted by the People of the State of Oklahoma: Waste Prohibited. Section 1. That the production of crude oil or petroleum in the State of Oklahoma, in such manner and under such conditions as to constitute waste, is hereby prohibited. Production and Sale Regulated-Corporation Commission. Section 2. That the taking of crude oil or petroleum from any oil-bearing sand or sands in the State of Oklahoma at a time when there is not a market demand therefor at the well at a price equivalent to the actual value of such crude oil or petroleum is hereby prohibited, and the actual value of such crude oil or petroleum at any time shall be the average value as near as may be ascertained in the United States at retail of the by-products of such crude oil or petroleum when refined less the cost and a reasonable profit in the business of transporting, refining and marketing the same, and the Corporation Commission of this State is hereby invested [vested?] with the authority and power to investigate and determine from time to time the actual value of such crude oil or petroleum by the standard herein provided, and when so determined said Commission shall pro mulgate its findings by its orders duly made and recorded, and publish the same in some newspaper of general circulation in the State. Waste Defined-Protection. Section 3. That the term "waste" as used herein, in addition to its ordinary meaning, shall include economic waste, underground waste, surface waste, and waste incident to the production of crude oil or petroleum in excess of transportation or marketing facilities or reasonable market demands. The Corporation Commission shall have authority to make rules and regulations for the prevention of such wastes, and for the protection of all fresh water strata, and oil and gas bearing strata, encountered in any Iwell drilled for oil. Production Regulated-Discrimination of Purchaser Prohibited. Section 4. That whenever the full production from any common source of supply of crude oil or petroleum in this State can only be obtained under conditions constituting waste, as herein defined, then any person, firm or corporation, having the right to drill into and produce oil from any such common source of supply, may take therefrom only such proportion of all crude oil and petroleum that may be produced therefrom, without waste, as the production of the well or wells of any such person, firm or corporation, bears to the total production of such common source of supply. The Corporation Commission is authorized to so regulate |