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On Appeal from the District Court of the United States for the Western District of Texas.[ Thompson v. Consolidated Gas Utilities Corp. 300 U.S. 55 (1937) ]
[300 U.S. 55 , 57] Messrs. Wm. Madden Hill, of Dallas, Tex., C.C. Small, of Amarillo, Tex., and Wm. McCraw and W. J. Holt, both of Austin, Tex., for appellants.
Mr. S. A. L. Morgan, of Amarillo, Tex., for appellees.
Mr. Justice BRANDEIS delivered the opinion of the Court.
This case challenges the validity of a gas proration order issued by the Railroad Commission of Texas for the Panhandle fields on December 10, 1935, and carried forward in supplemental orders. 1 The orders were en- [300 U.S. 55 , 58] tered under chapter 120 of the Texas Acts 1935, Forty-Fourth Legislature, Regular Session, commonly known as House Bill 266 (Vernon's Ann.Civ.St.Tex. art. 6008). Under the orders the production of sweet gas from the plaintiffs' wells is limited to an amount below their market requirements under existing contracts, below their present production, and below the capacity of their transportation and marketing facilities. It is charged that the purpose of so limiting the production is not to prevent waste, or to prevent invasion of the legal rights of co-owners in the common reservoir, but solely to compel the plaintiffs, and others similarly situated, to purchase gas from those well owners who have not provided themselves with a market and marketing facilities-well owners who under existing law are obliged to stop production, for want of a market, unless some marketing outlet is found.
Two suits to enjoin enforcement of the order were brought in the federal court for Western Texas. One was by Texas Panhandle Gas Utilities Company, for which Consolidated Gas Utilities Corporation has been substituted as plaintiff; the other by Texoma Natural Gas Company. In each suit the members of the Railroad Commission and the Attorney General of the State were made defendants. The properties for which the plaintiffs seek protection are their sweet gas wells and reserves in the Texas Panhandle; their pipe lines extending into other States; their compressors and marketing facilities for use in connection therewith; and contracts which they have made for the supply of the gas to distributors in other States. The plaintiffs claim that the order takes this property without warrant in law. They contend that the order is in excess of the authority which House Bill 266 confers upon the commission; and that, if the statute be construed as conferring the authority exercised, it violates the Federal Constitution and that of the State. The District Judge issued a restraining order. The cases [300 U.S. 55 , 59] were considered together. The court, three judges sitting, granted temporary injunctions, Texas Panhandle Gas Co. v. Thompson (D.C.) 12 F. Supp. 462,2 and made them permanent, Consolidated Gas Utilities Corporation v. Thompson, 14 F.Supp. 318. The cases were consolidated for purposes of appeal. The jurisdiction, federal and equitable, was not questioned. The record is extensive; the findings of fact explicit; the briefs in this Court occupy over 500 pages.
The Texas Panhandle contains the largest natural gas field in the United States, an enormous reservoir of natural gas and oil extending through seven counties for a distance of 125 miles with a width of from 10 to 40 miles. The development of the gas industry which began there in 1926 has proceeded at a rapid rate since 1933. The field produces both sweet and sour gas. 3 Wasteful use of sweet gas is prohibited by the statute; and, within the statutory definition, practically the only nonwasteful use is for heat and light. For such use there is substantially no local market,4 as the region is sparsely settled. Gas cannot be stored. To utilize the sweet gas of the Panhandle field, it must be delivered to the ultimate consumer by pipe lines in a continuous flow from the wells to the burner tips of the consumer. Prior to the entry of the orders challenged, the owners of approximatey 80 per cent. of the total area in the Panhandle fields [300 U.S. 55 , 60] proven productive of sweet gas had constructed six major pipe lines from the West Panhandle field,5 and three from the East Panhandle field, extending to Chicago, Des Moines, Omaha, Sioux City, Kansas City, St. Paul, Indianapolis, Denver, Minneapolis, Fort Worth, Dallas, and other distant points. Six or seven of these major pipe line companies, including the plaintiffs', have produced and transported to the markets only gas produced from their own leases.
Under the restrictions imposed by the present statute, there is substantially no market outlet for the sweet gas of these fields except such as may be provided by pipe lines. The owners of 180 wells in the West Panhandle field, and of 121 wells in the East Panhandle field, together representing about 20 per cent. of the proven reserves of sweet gas in the whole field, neither own nor control any pipe line. And they have no access to any;6 since none of the pipe lines here involved is a common carrier. The plaintiffs and most of the other owners of pipe lines have no economic occasion to purchase gas from wells of the non-pipe line producers, as the potential capacity of their own wells far exceeds their market demand. 7 There appears no legal obstacle, under the law of [300 U.S. 55 , 61] Texas, to the construction of additional pipe lines to serve the owners of wells in the Panhandle fields now without such connections. It is said that there are communities in other States which would afford markets if pipe lines were constructed to reach them. But the financial difficulties are obvious.
Prior to House Bill 266, several efforts, statutory and administrative, had been made to compel, or induce, the owners of existing pipe lines to purchase the seeet gas of those well owners who lack pipe line facilities. Orders entered under statutes enacted prior to 1933 were enjoined as unconstitutional or ultra vires. 8 By chapter [300 U.S. 55 , 62] 100, Acts 1933, Forty-Third Legislature, Regular Session,9 the use of natural gas was permitted for other purposes than light or fuel, including the manufacture of natural gasoline, where no reasonable market for light or fuel was available to the owner. Production under authority of this statute and the permits issued thereunder was found to involve intolerable waste. 10 Such was the situation when on May 1, 1935, the Legislature enacted House Bill 266 (Vernon's Ann.Civ.St.Tex. art. 6008), under which the order here challenged was issued.
The act undertakes by drastic provisions to end the waste of sweet gas. It provides:
The defendants contend that the act likewise requires restriction of production regardless of the existence of waste, for the adjustment of rights of owners in a common reservoir of gas. And, as we read the substance of defendants' argument, they also construe the statute as authorizing gas proration orders, to provide a market for the sweet gas of those wells which, because they lack pipe line connections, have heretofore sold their gas for inferior, wasteful uses. These claims are rested primarily on the following provision:
This provision is supplemented by others including those set forth in the margin (Vernon's Ann.Civ.St.Tex. art. 6008, 1, 11, 12, 14, 16, 20). 11 [300 U.S. 55 , 64] On December 10, 1935, the Railroad Commission, after hearings held, issued the basic order here challenged, which provides, among other things:
East Panhandle Field 181,174,000 cubic feet daily West Sweet Panhandle Field 608,552,000 cubic feet daily West Sour Panhandle Field 451,137,000 cubic feet daily
'It is ordered, That the daily allowable production of gas for individual wells in the East and West Panhandle Fields shall be determined by dividing the reasonable market demand into two parts, and that these parts shall be distributed to each well in proportion to the relative [300 U.S. 55 , 65] producing ability of these individual wells and the number of acres containing each of these wells, but in no case shall more than one hundred sixty (160) acres in the East Panhandle Field and not more than Six Hundred Forty (640) acres in the West Panhandle Field, in both sweet and sour zones, be allocated to any one well for the purpose of proration.
The order reduces plaintiffs' allowable production to a volume far below their requirements. The plaintiffs and other pipe line owners acquired, at large cost, their markets in distant States and their transportation and marketing facilities. 12 By means of their pipe lines all the sweet gas produced by the plaintiffs (and likewise all produced by other pipe line owners) was, and is, marketed under contracts with distant distributors, chiefly in other States. These markets are not free markets. The plaintiffs necessarily bound themselves to supply the requirements of the distributors; and the distributors bound themselves to take their requirements from the plaintiffs. In order to fulfill their contractual obligations, the plaintiffs developed the capacity of their wells and acquired large reserves to provide for their future needs so that they have no occasion to purchase gas from other wells. By limiting the plaintiffs' allowable production, the order disables them from perform- [300 U.S. 55 , 67] ing their contracts unless they purchase gas from non-pipe line wells. Such purchases would at least involve the cost of the gas and the loss resulting from failure to make fuller use of their own property.
The plaintiffs do not contest that the State has power to conserve its natural resources for the public, as well as to protect private rights, 13 or that the Legislature has power to confer upon the Railroad Commission authority to make and enforce regulations to that end; or that to limit production to the aggregate reasonable market demand is, as a conservation measure, clearly proper in the interest of the public and of the private persons owning the right to draw from a common reservoir; or that the commission has authority to issue regulations to that end. The plaintiffs do not deny that the Legislature may confer upon the Railroad Commission also authority to prorate the total allowable production among all the individual wells which draw from the common reservoir, provided the proration is in accordance with their respective market demands and due consideration is given to existing reserves. But they insist that House Bill 266 (Vernon's Ann.Civ.St.Tex. art. 6008) has not conferred that authority. And as to the order, the plaintiffs assert that, while restrictive in form, it is in fact coercive; that its purpose and effect are not to prevent waste of gas in the common reservoir nor to prorate the opportunities of production as distinguished from marketing; that the limitation of the production of the wells is merely a device to compel the individual plaintiffs, and other pipe line owners, to purchase gas for which they have no need; that the real purpose and [300 U.S. 55 , 68] effect of the order are to prorate, not production, but distant markets and the facilities for serving them; and that, thus, the order takes their property without warrant in law.
First. Prior to the enactment of House Bill 266,14 the property rights of the plaintiffs were substantially those conferred by the common law of the State. Under it, the owner of land has title to oil and gas in place and, likewise, to the oil and gas which migrate to formations under his land through drainge from other lands. 15 Under that rule, he may produce all the oil and gas that will flow out of the well on his land, subject to the exercise by other landowners of the same right of capture through drilling offsetting wells, so as to get their full share. 16 This common-law rule, declared in an unbroken line of authorities, has been widely applied. 17 While a producer who negligently uses explosives in his operations will be liable if he causes physical damage to his [300 U.S. 55 , 69] neighbors' gas and oil bearing strata and thus impairs the productivity thereof,18 the common law of the State did not, apparently, afford a remedy against depleting the common supply by wasteful taking or use of oil or gas drawn from the wells on one's own property. But since 1899 the Legislature of the State has prohibited, or curbed, certain practices in the production of gas and oil which it recognized as wasteful. 19
Second. The defendants contend that the order assailed is a regulation duly promulgated for the prevention of waste, and the protection of correlative rights of owners in the common pool, and was so applied. It may be assumed that House Bill 266 should be construed as authorizing regulations to prevent waste, and to create and protect correlative rights of owners in a common reservoir of gas to their justly proportionate shares thereof, free of drainage to neighboring lands. It may be assumed, also, that the statute, so construed, is a valid exercise of the State's undoubted power to legislate to those ends; and that it validly delegates to the Railroad Commission authority to promulgate regulations therefor. It is settled that to all administrative regulations purporting to be made under authority legally delegated there attaches a presumption of the existence of facts justifying the specific exercise. Pacific States Box & Basket Co. v. White, 296 U.S. 176, 185 , 163, 101 A.L.R. 853. But, obviously, the proration orders would not be valid if shown to bear no reasonable relation either to the prevention of waste or the protection of correlative rights, or if shown to be [300 U.S. 55 , 70] otherwise arbitrary. The plaintiffs have assumed the heavy burden of overcoming the presumption and of establishing that the order is an arbitrary taking of their property. They assert, among other things, that they have, at all times, conducted their operations prudently and without waste; that they have, in fact, taken only a small part of the gas in the ground which they own or lease; and that there is no present danger that the pipe line owners will, by continuing to operate as they have done, cause waste or prejudice either to any public interest, or to a property right of any other person. We think the plaintiffs have sustained the burden resting upon them. For their assertions are adequately supported by the following special findings of the lower court:
1. 'The owners of wells connected to pipe lines, including complainants have always produced their wells in a prudent and skilful manner and in accordance with the most approved methods of production, without committing or causing physical waste.'
2. 'Before House Bill 266 went into effect, grossly wasteful practices in the production of natural gas in the Panhandle field were occurring,' but 'most of this waste was due to the extravagant production of natural gas from oil wells and to the production of gas from gas wells and processing such gas for the extraction of a very small quantity of natural gasoline therefrom and popping or wasting to the air the residue gas, which constituted 97% of the fuel value of the gas in its original state. * * * No evidence was offered-indeed, it was not even seriously claimed-that anything complainant had done or contemplated doing has, in the slightest degree, contributed or will contribute to that waste.'
3. Even if the effect of the Texas legislation be to halt production by other well owners, 'the production from their own wells by complainant and other pipe lines of the quantity of gas required from time to time to fulfill [300 U.S. 55 , 71] their marketing contracts and requirements will cause no coning or channeling of water, no trapping off of recoverable oil or gas, no underground waste of oil, gas or reservoir energy or reduction of the total quantity of recoverable gas from the field, even though the other wells in the sweet gas area of the West Panhandle field be produced at a much lower rate or be not produced.'
4. Large and wasteful production of gas in connection with production of oil in the Panhandle field, and, more recently, in connection with the operations of plants 'stripping' the gas of its natural gasoline content, 'has resulted in the migration of tremendous quantities of natural gas from the southwestern side of the field to the northeastern side of the field. Many of these areas of low pressure are situated in the sour gas producing area, with the result that tremendous quantities of sweet gas have moved out from the sweet gas area into the sour gas area,' and have thus become unfit for use as fuel for lighting and heating purposes. Drainage away from the areas of complainants' holdings is found to have been intensified by disproportionate production of gas from gas wells not connected to pipe lines. In the East Panhandle field 'the leases on which the wells connected to pipe lines are located have produced an average-(of) 8,116,000 cubic feet of gas per acre, and those on which the wells connected to stripping plants are located have produced an average of 16, 662,000 cubic feet per acre.' In the West Panhandle field, production at the time of trial of this case had aggregated 4,427,642,131,000 cubic feet. 'Of this total the pipe lines, with an ownership of 56% of the total reserves, have produced only 529,545,454,000 cubic feet, while the owners of the other 44% have produced 3,898,096,776,000 cubic feet. Complainant, with an ownership of approximately 20% of the total reserves, had produced only 98,808,409,000 cubic feet, or 2.25% of the total withdrawals from the West Panhandle field.' [300 U.S. 55 , 72] The average rock pressure of the wells not connected to pipe lines is materially lower than that of complainants' and other pipe line companies' wells. Hence, in the West Panhandle field, 'by reason of these fifferentials in pressure between the wells connected to pipe lines and those not connected, the migration or drainage as a whole is from the wells connected to pipe lines, including those connected to complainant's pipe lines, to the wells not connected to pipe lines.' Likewise, 'all along the northeast slope of the structure in the East Panhandle field there is an extremely low pressure area, where tremendous quantities of gas have been produced in connection with the operation of oil wells and wells connected to stripping plants. The general drainage in the East Panhandle field is from the areas of high pressure toward and to these low pressure areas. The majority of the wells not connected to pipe lines are situated in these low pressure areas, or between these low pressure areas and the high pressure areas to the south and west thereof, in which areas of higher pressure the wells connected to the pipe lines are situated . * * * Very large quantities of gas have migrated from the reserves of the pipe lines, including the reserves of complainants, to the low pressure areas in and around the oil fields on the northeast slope of the reservoir and to the areas on which most of the 391 wells belonging to others than the pipe lines in the West Panhandle field are situated.' Further, past losses do not complete the story. 'Without regard to the rate of withdrawal in the existing areas of low pressure, the migration of gas from the reserves of the pipe lines to those areas of low pressure will continue over a long period of time.'
In the light of these findings the lower court concluded that the order was not intended to prevent waste attributable to plaintiffs; and that it was not intended to adjust correlative rights in the common reservoir for the [300 U.S. 55 , 73] purpose of averting unjust drainage from the reserves of those wells lacking pipe line connections. On the other hand, the court concluded that the proration ordered, with its drastic limitation of output from wells now connected to pipe lines, will obviously not protect those wells against undue drainage to other parts of the field, but will deprive their owners of the protection which fuller production would offer. These findings are adequately supported by the evidence.
On the other hand, the assertion of the defendants that the order will, by requiring a uniform and rateable system of production by all the wells, result in the ultimate recovery of a larger amount of gas than would otherwise be produced, and, likewise, the assertion that the plaintiffs, by their present production, are depriving, or threaten to deprive, non-pipe line owners of their opportunity to share rateably in the gas in the common reservoir, are not sustained. By the assignment of errors in this Court, defendants challenged the correctness of many of the findings. But we are of opinion that, so far as here material, all their contentions, and also the findings of the Railroad Commission in its order of December 10, prophesying 'waste' if the proration ordered is not carried out, are unfounded.
Third. The defendants contend, apparently, that House Bill 266 should be construed as authorizing the Commission to reduce the production of the plaintiffs and of other pipe line owners, even if the sole purpose of doing so is to furnish a market for the sweet gas of those wells now without pipe line connections. On the other hand, the plaintiffs insist that House Bill 266 should be construed as authorizing the proration of production only in connection with, and as part of, waste prevention; and that, since their operations do not involve or threaten waste, the order was without statutory authority. That contention the lower court sustained. It did so, on the [300 U.S. 55 , 74] ground that to authorize the restriction of nonwasteful production by the pipe line well owners solely for the purpose of compelling them to furnish other wells with a market would be a change of the common law of Texas so radical that, if the Legislature had so intended, it would have expressed that intention in language more explicit than any used in the act. Moreover, the court pointed out that, under the established rule of construction, the interpretation urged by defendants should be avoided because the statute so construed would be of doubtful validity. 20
We are always reluctant to pass upon a seriously controverted question of the meaning of a state statute, because our decision, although disposing of the particular case, cannot settle the issue of the proper construction of the statute. 21 No court of the State has construed the act. The defendants might, perhaps, have secured its construction by the state court. For the amendment of section 266 of the Judicial Code made in 1913 provides that upon the institution of an appropriate suit in a state court a stay may be had of the proceedings in the federal court to await adjudication by the state court. 22 But no suit in a state court was instituted by the defendants to that end. When not instructed by some decision of a state court, we are disposed, in exercising appellate jurisdiction, to accept the construction given by the lower federal court to a statute of the State, particularly when that court is composed, as in this in [300 U.S. 55 , 75] stance, wholly of citizens of the State, familiar with the history of the statute, the local conditions to which it applies, and the character of the State's laws. 23 But, being under duty to make an independent study of the question, we have done so.24 That study leaves us in grave doubt whether the lower court has correctly interpreted the intention of the lawmakers. 25 On the other hand, we are clearly of opinion that, if the act were construed as the defendants contend it should be, and as the commission has applied it, it would violate the Federal Constitution. As a general rule, it is no less true with reference to State than to Federal legislation that this Court will not decide an issue of constitutionality if the case may justly and reasonably be decided upon a [300 U.S. 55 , 76] construction of the statute under which the act is clearly constitutional. Compare Bratton v. Chandler, 260 U.S. 110, 114 , 44; South Utah Mines & Smelters v. Beaver County, 262 U.S. 325, 331 , 43 S. Ct. 577, 579; Hopkins v. Southern California Telephone Co., 275 U.S. 393, 403 , 183. But where one party's case depends upon a construction of a state statute under which it plainly must be held to violate the Federal Constitution, and where the proper construction of the statute is a matter of grave doubt, this Court will rest its decision on the Constitution, and will not undertake to decide the question of construction as to which it lacks the power to give a definitive answer. Compare Pacific Telephone & Telegraph Co. v. Kuykendall, 265 U.S. 196, 204 , 556; Michigan Public Utilities Commission v. Duke, 266 U.S. 570, 578 , 193, 36 A.L.R. 1105; Sterling v. Constantin, 287 U.S. 378, 396 , 53 S. Ct. 190, 194. We, therefore, accept, for the purposes of our decision, the defendants' construction; and pass to the discussion of constitutional questions.
Fourth. Either production greater than the demand or use for an inferior purpose would necessarily involve overground waste of gas. The manner, place, or extent of production might lead to underground waste. We assume that the prohibition of any wasteful conduct, whether primarily in behalf of other owners of gas in the common reservoir, or because of the public interests involved, is consistent with the Constitution of Texas and that of the United States, and that to prevent waste production may be prorated. 26 We assume, also, that the State may constitutionally prorate production in order to [300 U.S. 55 , 77] prevent undue drainage of gas from the reserves of well owners lacking pipe line connections. 27 If proration were lawfully applied for any such purposes, the fact that thereby other private persons would incidentally and gratuitously obtain important benefits would present no constitutional obstacle. And the fact that plaintiffs' gas is to be sold in interstate commerce would not preclude such exercise of the State's power. Compare Champlin Refining Co. v. Corporation Commission, 286 U.S. 210, 235 , 52 S. Ct. 559, 565, 86 A.L.R. 403.
But the sole purpose of the limitation which the order imposes upon the plaintiffs' production is to compel those who may legally produce, because they have market outlets for permitted uses, to purchase gas from potential producers whom the statute prohibits from producing because they lack such a market for their possible product. Plaintiff's operations are neither causing nor threatening any overground or underground waste. Every well owner in the field is free to produce the gas, provided he does not do so wastefully. He is legally and, so far as appears, physically free to provide himself with a market and with transportation and marketing facilities. There is no basis for a claim that his right, or opportunity, will be interfered with by a disproportionate taking by any one of those who may legally produce.
The lower court found specifically:
The use of the pipe line owner's wells and reserves is curtailed solely for the benefit of other private well owners. The pipe line owner, a private person, is, in effect, ordered to pay money to another private well owner for the purchase of oil which there is no wish to buy. 28 Moreover, he is thus prevented from protecting himself, to the extent that he is able to market his gas, against the losses which the court below finds are occurring and will continue to occur due to drainage from the high-pressure areas, wherein plaintiffs' wells are located, to the existing low-pressure areas, in which are located the majority of the wells not connected to pipe lines. There is here no taking for the public benefit; nor is payment of compensation provided. Plaintiffs' pipe lines are private property. So far as appears, they are constructed on private lands. There is no suggestion that [300 U.S. 55 , 79] any of them is a common carrier of gas. The purpose of the owners in constructing the pipe lines was for the transport of gas only from their own leases, and such has been their consistent policy. Unlike the property involved in The Assigned Car Cases, 274 U.S. 564 , the pipe lines are not used in connection with the operation of any public utility in Texas. 29
The purpose of this order is the same as that which the Legislature sought to achieve by the 'Common Purchaser Act,' of August 12, 1931, held unconstitutional in Texoma Natural Gas Co. v. Railroad Commission (D.C.) 59 F. (2d) 750. The effect upon the property of the pipe line owners of the two statutes and the orders issued thereunder is, likewise, the same. There is a difference in the means employed; but the difference is not of legal significance. The 1931 act attempted to compel the purchase by frankly commanding it, under sanctions criminal and civil. The 1935 act operates by indirection. Its command is no less compelling; its penalties not significantly different. The order disables the plaintiffs from performing their contracts except by means of purchases. Resort to those means necessarily results in depriving the plaintiffs of property. Under each statute, if obeyed, the State takes from the pipe line owner the money with which the purchase is made, the money lost through curtailed use of properties developed at large expense, the money lost because of the drainage away from his land of the gas which he is forbidden to produce for himself, but must buy from those towards whose lands it migrates.
Our law reports present no more glaring instance of the taking of one man's property and giving it to another. [300 U.S. 55 , 80] In Missouri Pacific Ry. Co. v. State of Nebraska, 164 U.S. 403 ; Missouri Pacific Ry. Co. v. Nebraska, 217 U.S. 196, 18 Ann.Cas. 989;30 Great Northern Ry. Co. v. Minnesota, 238 U.S. 340 ; Great Northern Ry. Co. v. Cahill, 253 U.S. 71, 10 A.L.R. 1335; Delaware, Lackawanna & Western R.R. Co. v. Morristown, 276 U.S. 182, 48 S. Ct. 276; and Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Holmberg, 282 U.S. 162 , expenditures directed to be made for the benefit of a private person were held invalid, although the party ordered to pay was a common carrier. In Citizens' Savings & Loan Association v. Topeka, 20 Wall. 655, and Cole v. La Grange, 113 U.S. 1 , the payments ordered for the benefit of a private person were declared invalid, although the money was to be raised by general taxation. In Myles Salt Co., Ltd. v. Board of Commissioners, 239 U.S. 478 , the exaction was held unlawful, though imposed under the guise of an assessment for alleged betterments. Compare Georgia Railway & Electric Co. v. Decatur, 295 U.S. 165 . And this Court has many times warned that one person's property may not be taken for the benefit of another private person without a justifying public purpose, even though compensation be paid. See Hairston v. Danville and Western Ry. Co., 208 U.S. 598, 605 , 606, 13 Ann.Cas. 1008; Rindge Co. v. County of Los Angeles, 262 U.S. 700, 705 . Compare Cincinnati v. Vester, 281 U.S. 439, 446 , 449.
Fifth. The defendants contend that the situation in the Panhandle field presented a conflict of private interests so serious as to become a matter of public concern; and that the Legislature has power to adopt measures to prevent the harmful discord. They insist, moreover, that the plaintiffs, having invoked the legislative action to stop the wasteful and disproportionate drawing of sweet gas by others-a prohibition of which they are now reaping the benefits-may not deny the legislative power to [300 U.S. 55 , 81] authorize the incidental limitations of its own production; since the Legislature would not have prohibited the waste, or inferior uses of the gas, without providing for its purchase by the pipe line companies. Whether the latter assertion is true in fact, we do not know. But it is clear that there is no basis in law for the argument, since there is no claim that plaintiffs ever consented to inserting any such provision in the act. Indeed, they insist, as a matter of construction, that the Legislature has not done so. And House Bill 266 is so much more drastic a statute than the restrictions upon inferior uses of gas which were apparently the object of plaintiffs' efforts before the Legislature that in their present situation plaintiffs cannot fairly be said to be receiving the benefits and evading the burdens of a measure which they initiated. Moreover, plaintiffs do not assert rights under the statute which they assail. They have not taken, and are not obliged to take, any affirmative steps thereunder to obtain whatever benefits may accrue to them because of the restrictions imposed on production for inferior uses. Compare Daniels v. Tearney, 102 U.S. 415, 421 ; Wall v. Parrot Silver & Copper Co., 244 U.S. 407, 411 ; Booth Fisheries Co. v. Industrial Commission, 271 U.S. 208, 211 . Those benefits result incidentally from the enactment of other provisions of the act, the constitutionality of which is not questioned, and which seem clearly separable from the sections here challenged. Compare Hurley v. Commission of Fisheries, 257 U.S. 223, 42 S. Ct. 83; United Fuel Gas Co. v. Railroad Commission, 278 U.S. 300, 308 .31
[ Footnote 1 ] The complaints' original bills challenged earlier orders issued by the Railroad Commission under the Act here in question, notably the orders of August 28, and September 25, 1935. These orders were the subjects of temporary injunctions granted in Texas Panhandle Gas Co. v. Thompson (D.C.) 12 F.Supp. 462 Upon the issuance of the order of December 10, 1935, complainants amended their bills to make that order and its supplements the object of their attack.
[ Footnote 2 ] Compare note 1, supra.
[ Footnote 3 ] Only sweet gas is fit for lighting and heating. Sour gas is that contaminated by sulphur compounds. It is now used in this field principally in the manufacture of carbon black. When the act was passed, plants supplying 70% of the carbon black manufactured in the United States were operating in this field.
[ Footnote 4 ] The small market for sweet gas within the field is limited to fuel for the drilling of wells and the operation of industries incident to the oil and gas business; to small pipe lines supplying gas to communities near the field; and to purchases by two companies with pipe lines to distant cities. These have made 30 new connections with wells of others and are taking rateably from these wells.
[ Footnote 5 ] For administrative purposes the territory is divided into the East Panhandle and the West Panhandle zones. The West zone alone contains any sour gas area. The sweet gas area of the West Panhandle field embraces 723, 000 acres. In it there are 517 wells, 180 of which do not have an outlet for light and fuel purposes. The sweet gas area of the East Panhandle field embraces 181,000 acres. In it there are 322 wells, of which 121 do not have an outlet for light and fuel purposes. Gas from the Panhandle field is supplied for domestic and industrial light and fuel purposes to approximately 10,000,000 persons in the United States.
[ Footnote 6 ] The only exception to this is in the case of the few independent wells with which two of the pipe line companies have made connections. See note 4, supra.
[ Footnote 7 ] Thus at the time of the hearing below Texoma Natural Gas Company was producing its wells at the rate of about 10 per cent. of their daily potential capacity, and the average throughout the year, it was found, had been and would be substantially less than this figure. The highest percentage of the daily potential ever taken over a period of one month for all of the wells of Consolidated Gas Utilities Corporation has been 6. 53 per cent. The wells of other pipe line owners in these fields have likewise been produced at low percentages of capacity.
[ Footnote 8 ] (a) Chapter 28, Acts 1931, Forty-Second Legislature, First Called Session (Vernon's Ann.Civ.St.Tex. art. 6049a), known as the Common Purchaser Act, was construed and applied by the Railroad Commission as requiring private pipe line companies engaged theretofore only in producing and transporting gas from their own leases to purchase without discrimination, under regulations of the commission, quantities of gas offered them by producers in the field lacking their own pipe lines. The act was held unconstitutional as in violation of the due process and commerce clauses of the Federal Constitution, and enforcement of the orders was enjoined, in Texoma Natural Gas Co. v. Railroad Commission (D.C .) 59 F.(2d) 750.
(b) Purporting to act under the general conservation laws of the State, as amended by chapter 26, Acts 1931, Forty-Second Legislature, First Called Session, the Railroad Commission subsequently issued orders completely closing down some portions of the Panhandle field, and limiting production from pipe line companies' wells in other portions. Enforcement of these orders was enjoined on the ground that the commission's action was ultra vires, in Texoma Natural Gas Co. v. Terrell (D.C.) 2 F.Supp. 168.
(c) By chapter 2, Acts 1932, Forty-Second Legislature, Fourth Called Session, the Railroad Commission was meantime authorized, whenever the full production from wells producing gas from a common reservoir should exceed reasonable market demand, to limit production to such demand and allocate the allowable production. Orders purporting to be issued under the authority of this act were enjoined in Canadian River Gas Co. v. Terrell (D.C.) 4 F.Supp. 222, on the ground that they were ultra vires because the statute authorized regulation only to prevent waste, and the court concluded that the orders did not bear any reasonable relation to that end.
(d) Then followed the enactment of the statute now under consideration.
[ Footnote 9 ] As amended by chapter 88, Acts 1933, Forty-Third Legislature, First Called Session. Compare F. C. Henderson, Inc., v. Railroad Commission (D.C .) 56 F. (2d) 218; Sneed v. Phillips Petroleum Co. (C.C.A.) 76 F.(2d) 785.
[ Footnote 10 ] According to evidence presented by the State, in July, 1935, before the prohibitions of House Bill 266 became effective against uses therein declared wasteful, there were in the West Panhandle field 41 stripping plants producing natural gasoline, consuming daily 1,847,339 M.C. F. sweet gas, from which the gasoline production saved only 3 per cent. of the fuel value of the gas in its original state. Between February 1, 1933, and August 1, 1935, 709 billion cubic feet of gas were said to have been blown into the air after the natural gasoline content had been extracted.
[ Footnote 11 ] 'Section 1. Declaration of policy: In recognition of past, present, and imminent evils occurring in the production and use of natual (natural) gas, as a result of waste in the production and use thereof in the absence of correlative opportunities of owners of gas in a common reservoir to produce and use the same, this law is enacted for the protection of public and private interests against such evils by prohibiting waste and compelling ratable production.'
upon the evidence introduced at a hearing to be held as herein provided.
of each well shall be regarded as its daily allowable production of such daily volume required for utilization from such common reservoir. * * *
[ Footnote 12 ] The Texoma Natural Gas Company (with an affiliate) has, at a cost of about $72,000,000, acquired 200,000 acres of leases in the West Panhandle field known to be capable of producing sweet gas; drilled about 90 wells; erected a compressor plant; constructed a pipe line to its Chicago market; and secured marketing contracts for distribution in other States. Similarly, the Consolidated Gas Utilities Company (with affiliates) has expended a smaller sum in acquiring and developing gas reserves in the East Panhandle field and in constructing pipe lines to, and securing contracts for marketing its gas in Kansas.
[ Footnote 13 ] Section 59a of article 16 of the Constitution of Texas, which article was proclaimed October 2, 1917, provides, in part:
[ Footnote 14 ] House Bill 266 amends article 6008 of the Revised Civil Statutes, which is the statute particularly dealing with the production and use of natural gas. That article was amended by chapter 26 of Acts of 1931, Forty- Second Legislature, First Called Session, p. 46, 2. It was again amended by chapter 100 of the Acts of 1933, called the 'Sour Gas Law,' Forty-Third Legislature, Regular Session, p. 222; also by chapter 88 of the Acts of 1933, Forty-Third Legislature, First Called Session, p. 229, which remained in force until August 1, 1935, when House Bill 266 became effective.
[ Footnote 15 ] See Texas Co. v. Daugherty, 107 Tex. 226, 176 S.W. 717, L.R.A. 1917F, 989; Stephens County v. Mid-Kansas Oil & Gas Co., 113 Tex. 160, 254 S.W. 290, 29 A.L.R. 566; Grayburg Oil Co. v. State (Tex.Civ.App.) 50 S.W.( 2d) 355.
[ Footnote 16 ] Prairie Oil & Gas Co. v. State (Tex.Com.App.) 231 S.W. 1088; compare Houston & Texas Central R.R. Co. v. East, 98 Tex. 146, 81 S.W. 279, 66 L.R.A. 738, 107 Am.St.Rep. 620, 4 Ann.Cas. 827.
[ Footnote 17 ] Compare, e.g., Hermann v. Thomas (Tex.Civ.App.) 143 S.W. 195; United North & South Oil Co., Inc., v. Meredith (Tex.Civ.App.) 258 S.W. 550, affirmed (Tex.Com.App.) 272 S.W. 124; Hunt v. State (Tex.Civ.App.) 48 S.W.(2d) 466; Malone v. Barnett (Tex.Civ.App.) 87 S.W.(2d) 523. See Brown v. Humble Oil & Refining Co. (Tex.Sup.) 83 S.W.(2d) 935, 99 A.L.R. 1107.
[ Footnote 18 ] See Comanche Duke Oil Co. v. Texas Pacific Coal & Oil Co. (Tex.Com. App.) 298 S.W. 554.
[ Footnote 19 ] See Danciger Oil & Refining Co. v. Railroad Commission (Tex.Civ. App.) 49 S.W.(2d) 837, 840, reversed and dismissed as moot, 122 Tex. 243, 56 S.W.(2d) 1075; Brown v. Humble Oil & Refining Co. (Tex.Sup.) 83 S.W.(2d) 935, 940, 941, 99 A.L.R. 1107.
[ Footnote 20 ] Harriman v. Interstate Commerce Commission, 211 U.S. 407, 422 ; United States v. Delaware & Hudson Co., 213 U.S. 366, 408 .
[ Footnote 21 ] Compare Pullman Co. v. Knott, 235 U.S. 23, 27 ; Lee v. Bickell, 292 U.S. 415, 425 , 731; Fox v. Standard Oil Co. of New Jersey, 294 U.S. 87, 97 , 337.
[ Footnote 22 ] Act of March 4, 1913, c. 160, 37 Stat. p. 1013 (28 U.S.C.A. 380 and note). Compare Welch Pogue, 'State Determination of State Law and the Judicial Code,' 41 Harv.L.Rev. 623, 626, et seq.
[ Footnote 23 ] Compare Wilson Cypress Co. v. Del Pozo y Marcos, 236 U.S. 635, 657 ; City of Hammond v. Schappi Bus Line, Inc., 275 U.S. 164, 169 , 68. See Bowman v. Continental Oil Co., 256 U.S. 642, 647 , 608; Louisiana Public Service Commission v. Morgan's Louisiana & Texas Railroad & Steamship Co., 264 U.S. 393, 397 , 359; Wabash Valley Electric Co. v. Young, 287 U.S. 488, 497 , 236; City of Marion v. Sneeden, 291 U.S. 262, 271 , 423. This Court has consistently accorded great deference to the construction of territorial legislation adopted by the local courts, whether the prevailing system was the common or the civil law, and this though in such cases this Court possesses authority to make a definitive construction which it lacks in the case of the legislation of a State. See Fox v. Haarstick, 156 U.S. 674, 679 ; Kealoha v. Castle, 210 U.S. 149, 153 ; Phoenix Ry. Co. v. Landis, 231 U.S. 578, 579 ; Diaz v. Gonzalez, 261 U.S. 102, 105 , 106, 287; compare Reynolds v. Fewell, 236 U.S. 58, 67 .
[ Footnote 24 ] See St. Louis-San Francisco Ry. Co. v. Middlekamp, 256 U.S. 226, 230 , 491; Bratton v. Chandler, 260 U.S. 110, 114 , 44; South Utah Mines & Smelters v. Beaver County, 262 U.S. 325, 331 , 579; Corporation Commission v. Lowe, 281 U.S. 431, 438 , 399; Fox v. Standard Oil Co. of New Jersey, 294 U.S. 87, 95 , 96, 337. Compare Philippine Sugar Estates Development Co., Ltd. v. Government of the Philippine Islands, 247 U.S. 385, 390 ; Yu Cong Eng v. Trinidad, 271 U.S. 500, 522 , 523, 624, 625.
[ Footnote 25 ] Compare Van Dyke v. Geary, 244 U.S. 39, 46 ; Palmetto Fire Insurance Co. v. Conn, 272 U.S. 295, 305 , 89; Lee v. Bickell, 292 U.S. 415, 424 , 731; Fox v. Standard Oil Co. of New Jersey, 294 U.S. 87, 96 , 55 S. Ct. 333, 337.
[ Footnote 26 ] Ohio Oil Co. v. Indiana (No. 1), 177 U.S. 190 ; Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61 , Ann.Cas.1912C, 160; West v. Kansas Natural Gas Co., 221 U.S. 229, 35 L.R.A.(N.S.) 1193; Walls v. Midland Carbon Co., 254 U.S. 300 ; Bandini Petroleum Co. v. Superior Court, 284 U.S. 8, 78 A.L.R. 826; Champlin Refining Co. v. Corporation Commission, 286 U.S. 210, 86 A.L.R. 403; Sterling v. Constantin, 287 U.S. 378 .
[ Footnote 27 ] Compare cases cited in note 26, supra.
[ Footnote 28 ] Plaintiffs claim that they will be obliged to incur further expense in the construction of gathering lines to connect their pipe lines with the wells of others. There is no finding of willingness on the part of non-pipe line well owners to assume or share such expense.
[ Footnote 29 ] Compare Producers Transportation Co. v. Railroad Commission, 251 U.S. 228, 230 , 231; Michigan Public Utilities Commission v. Duke, 266 U.S. 570, 577 , 578, 193, 36 A.L.R. 1105; Smith v. Cahoon, 283 U.S. 553, 563 , 585.
[ Footnote 30 ] See Chicago & Northwestern Ry. Co. v. Ochs, 249 U.S. 416, 421 , 422.
[ Footnote 31 ] Cases are collected in notes, 34 Col. L.Rev. 1495; 48 Harv.L.Rev. 988.
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Neri&Hu Lecture | The Building Experts Lecture Series by The University of Pennsylvania presents Rossana HuNovember 2020
Founding Partner Rossana Hu will be giving an online lecture on "Building Experts Series", held by Weitzman School of Design, University of Pennsylvania, U.S.A. The lecture will start at 10PM CST, November 20th via ZOOM.
The series includes six building expert talks by practitioner-educators whose design work and buildings serves as exemplary in the discipline of architecture. Each presenter will describe one building from concept to built form. Speakers include Preston Scott Cohen, Nader Tehrani, Patrik Schumacher, Xu Weiguo, Rosanna Hu and Zhu Pei.
The lecture is free and open to the public. Please click here to register.
August 2023Neri&Hu Lecture | Lyndon Neri will be giving a keynote lecture on August 24th, 2023 at Samyan Mitrtown HallJune 2023Neri&Hu Awards | AZURE Awards 2023: Lao Ding Feng Beijing, Zai Collection for EntoJune 2023Neri&Hu Awards | Architizer A+Awards 2023: Lao Ding Feng Beijing, Blue Bottle Zhang Yuan CafeMay 2023Neri&Hu Lecture | Lyndon Neri and Rossana Hu gave a public lecture at Technische Universität DarmstadtApril 2023Neri&Hu Awards | Neri&Hu Awarded EDIDA 2023 Best BeddingMarch 2023Neri&Hu Lecture | Lyndon Neri will give a public lecture at University of TorontoMarch 2023Neri&Hu Lecture | Lyndon Neri will give a public lecture at Rice ArchitectureMarch 2023Neri&Hu Lecture | Rossana Hu will speak at Thomas Jefferson UniversityMarch 2023Neri&Hu Lecture | Lyndon Neri will speak at University of ArkansasMarch 2023Neri&Hu Lecture | Lyndon Neri gave a public lecture at UC Berkeley College of Environmental DesignMarch 2023Neri&Hu News | Thresholds: Space, Time and Practice Chinese edition releasedMarch 2023Neri&Hu News | Neri&Hu invited to La Biennale di VeneziaMarch 2023Neri&Hu Lecture | Spring Semester 2023February 2023Neri&Hu Lecture | Lyndon Neri will speak at North Caroline State University of School of ArchitectureFebruary 2023Neri&Hu Awards | ArchDaily Building of the Year 2023 NominationDecember 2022Neri&Hu Awards | Neri&Hu won five awards at The Best of Year Awards 2022December 2022Neri&Hu Awards | Dezeen's Top 10 Chinese architecture projects completed in 2022December 2022Neri&Hu Awards | THE PLAN AWARD: The Chuan Malt Whisky Distillery, Nantou City Guesthouse, Singapore ResidenceDecember 2022Neri&Hu News | Neri&Hu's solo exhibition at Aedes Architecture Forum in Berlin has come to a successful conclusionNovember 2022Neri&Hu Awards | DFA Design for Asia Awards : The Chuan Malt Whisky Distillery Phtograph, Nantou City Guesthouse and Singapore ResidenceOctober 2022Neri&Hu Lecture | Shenzhen University AU22 Seminar with Rossana Hu & Jason Ho: Coating · ArchitectureOctober 2022Neri&Hu Lecture | Rossana Hu will speak at University of Pennsylvania Weitzman School of DesignSeptember 2022Neri&Hu News | Neri&Hu's solo exhibition will open at Aedes Architecture Forum in BerlinSeptember 2022Neri&Hu Awards | Neri&Hu is shortlisted by Dezeen Awards 2022July 2022Neri&Hu Project | AZ Awards - The doublings in the House of RemembranceJuly 2022Neri&Hu News | DOMUS Cover Story - Jean Nouvel × Sarah Whiting: Seamless SynthesesJune 2022Neri&Hu Award | Architizer A+Awards 2022: Singapore Residence, Fuzhou Teahouse, The Chuan Malt Whisky Distillery, and Papi RestaurantJune 2022Neri&Hu Award | HD Design Awards: Beyond Hospitality - The Chuan Malt Whisky Distillery; Hybrid Hospitality - Fuzhou TeahouseJune 2022Neri&Hu Award | Brick Award 22 - Winner of "Building outside the box" | Neri&Hu: Tsingpu Yangzhou RetreatJune 2022Neri&Hu Product Launch | Salone del Mobile 2022May 2022Neri&Hu Award | Architecture Symposium at Brick AwardMay 2022Neri&Hu in Milan | Salone del Mobile 06.2022May 2022Neri&Hu Lecture | Founding Partner Lyndon Neri will join a round table discussion on China Dialogues at AIA New YorkApril 2022Neri&Hu Project | Singapore Residence - The House of RemembranceApril 2022Neri&Hu Award | The Chuan Malt Whisky Distillery by Neri&Hu won the Best Commercial Project in Architecture by Créateurs Design AwardsMarch 2022Neri&Hu Project | Incision - Nantou City GuesthouseJanuary 2022DEZEEN brings 12 of the most anticipated architectural projects in ChinaDecember 2021Tongji University appoints Rossana Hu, Founding Partner of Neri&Hu, as Chair of the Department of Architecture at the College of Architecture and Urban PlanningDecember 2021Neri&Hu Exhibition | Traversing ThresholdsNovember 2021Neri&Hu Award | "Architecture Studio of the Year" by DEZEEN Awards 2021November 2021Neri&Hu Exhibition | Neri&Hu's solo exhibition at MAXXI will open soonOctober 2021Neri&Hu Award | Fuzhou Tea House is awarded the Grand Award and Gold Award by DFA Design for Asia Awards 2021October 2021Neri&Hu Award | Lyndon Neri and Rossana Hu are awarded their first Lifetime Achievement Award from FRAME Awards 2021October 2021Neri&Hu News | Lyndon Neri and Rossana Hu have been appointed Design Critics in Architecture at Harvard Graduate School of DesignOctober 2021Neri&Hu News | Book Launch and Panel DiscussionSeptember 2021Neri&Hu Award | Neri&Hu is shortlists for "Architecture Studio of the Year"September 2021Neri&Hu Project | Neri&Hu's second monograph Thresholds: Space, Time and PracticeSeptember 2021Neri&Hu Award | Honorable Mention in THE PLAN AWARDSeptember 2021Neri&Hu Project | Pernod Ricard's malt whisky distillery in Mount Emei Near CompletionJuly 2021Neri&Hu Exhibition | HOME SWEET HOMEJune 2021Neri&Hu Lectures | University of Buenos Aires in Argentina: Lyndon NeriJune 2021Neri&Hu Exhibition | The Reinterpretation of Works in Permanent EvolutionJune 2021Neri&Hu Lecture | Technische Universität Berlin: Neri&HuMay 2021Neri&Hu Exhibition | Four contemporary designers re-interpreting MAXXI Architecture CollectionsApril 2021Neri&Hu Exhibition | Neri&Hu presents exhibition "Reflective Domesticity"April 2021Neri&Hu Exhibition | Neri&Hu: Works in Permanent EvolutionApril 2021Neri&Hu News | KÖNIG GALERIE Opens a New Space at MCM Haus, designed by Neri&HuMarch 2021Neri&Hu Lecture | Architects, not Architecture (AnA): Lyndon Neri X Dong GongMarch 2021Neri&Hu Lecture | Days of Oris : Rossana HuFebruary 2021Neri&Hu Lecture | The 13th annual Atmosphere symposium at University of Manitoba on "Radical Manifestations"January 2021Neri&Hu Award | Neri&Hu Won the Best Large Firm in the annual Architizer A+Firm AwardsDecember 2020Neri&Hu Award | Neri&Hu Won "Architectural Firm of the Year" at A&D Design AwardsDecember 2020Neri&Hu Award | That's Shanghai Food & Drink AwardsDecember 2020Neri&Hu Lecture | Design for Asia Forum on "Culture & Sustainability"November 2020Neri&Hu Collaboration | Neri&Hu X Ms MIN's collaborative exhibition「He Yi」November 2020Neri&Hu Lecture | RIBA Members Sri Lanka and AIA International Region Present Women in Architecture & Design 2020November 2020Neri&Hu Lecture | Architect Council of Thailand Forum 2020 presents Lyndon NeriNovember 2020Neri&Hu Lecture | The Building Experts Lecture Series by The University of Pennsylvania presents Rossana HuJuly 2020Neri&Hu Collabration | Neri&Hu is pleased to announce its first collaboration with Cassina—the Stay collectionJune 2020Neri&Hu Award | The Twelve A.M. collection designed by Neri&Hu for Molteni&C was announced Winner of ELLE Deco International Design Awards 2020June 2020Neri&Hu Teaching | Rossana Hu is invited to the 2020 Public Review on M.Arch thesis projects of the University of Hong Kong Department of ArchitectureJune 2020Neri&Hu Project | Neri&Hu have designed BAUM stores, Shiseido's new high-end skincare brandJune 2020Neri&Hu Award | Lyndon Neri and Rossana Hu joined the jury panel of 2020 AD100 YOUNG Special Jury AwardMay 2020Neri&Hu Lecture | Lyndon Neri and Rossana Hu will be interviewed by Livia Peraldo Matton, Editor in Chief of Elle Decor ItaliaMay 2020Neri&Hu Award | Neri&Hu designed 5 products are announced finalists in 2020 NYCxDESIGN Awards April 2020Neri&Hu Award | Aranya Art Center was selected as one of three projects in Archdaily's "2020 China Building of the Year"February 2020Neri&Hu Lecture | Neri&Hu at Design Indaba 2020 in Cape TownFebruary 2020Neri&Hu Award | Junshan Cultural Center and The Unfolding Village Won the Jury Prize Awards at 2020 FRAME AwardsFebruary 2020Neri&Hu Exhibition | Exhibition IN MEMORIAM by Yale School of ArchitectureFebruary 2020Neri&Hu Award | Winner of Madrid Design Awards 2020February 2020Neri&Hu Lecture | Escuela Técnica Superior de Arquitectura de Madrid LectureFebruary 2020Neri&Hu Lecture | Madrid Design Festival LectureDecember 2019Neri&Hu Award | Sulwhasoo Flagship Store listed in "10 Interior Designs that Defined the Decade" by AZURE magazineDecember 2019Neri&Hu Award | Mercedes-Benz X UNESCO Co-Designer Award for Sustainable Livelihoods ProjectNovember 2019Neri&Hu Project | Twelve A.M. Collection won the Best Furniture Design by EDIDA Elle Decoration International Design Awards China 2019November 2019Neri&Hu Lecture | Harvard University 's Graduate School 5x5 lectureNovember 2019Neri&Hu Award | The Edition Shanghai and Kimpton Da'an Hotel shortlisted in Wallpaper* Best Urban Hotels 2019October 2019Neri&Hu Lecture | Lyndon Neri and Rossana Hu speaking at Monterey Design ConferenceOctober 2019Neri&Hu Award | Neri&Hu named the BLUEPRINT OVERALL Award for DesignOctober 2019Neri&Hu Project | Comme Moi Shenzhen store is officially open todayOctober 2019Neri&Hu Lecture | Talking Practice Developed by Harvard Graduate School of Design: Lyndon Neri and Rossana HuOctober 2019Neri&Hu Award | Rossana to join the grand jury at 2020 RIBA International PrizeOctober 2019Neri&Hu Lecture | Lyndon Neri speaking at College of Architecture + Design of The University of TennesseeOctober 2019Neri&Hu Event | Harvard University GSD Shanghai Alumni ReceptionSeptember 2019Neri&Hu Exhibition | Aranya Art Center and Tsingpu Yangzhou Retreat being exhibited at Salon d'Automne 2019September 2019Neri&Hu Exhibition | Sketch of Aranya Art Center being exhibited in Drawing Attention at Roca London GalleryAugust 2019Neri&Hu Project | Pernod Ricard Emeishan Malt Whisky Distillery is officially breaking ground todayAugust 2019Neri&Hu Project | Design Republic@Zhengzhou opens today within the CBD of ZhengzhouJuly 2019Neri&Hu Award | Lyndon Neri will judge at Dezeen Awards 2019June 2019Neri&Hu Award | Lyndon Neri will judge at ARCASIA AWARDS FOR ARCHITECTURE 2019

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Yesterday and Today
On-line version ISSN 2309-9003
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Y&T n.10 Vanderbijlpark Jan. 2013
Connecting the dots: History teaching in the 21st Century classroom - juggling reason, technology and multi-media in the world of the young technophile
Paul M Haupt
The Settlers High School (Cape Town) email@example.com
This article will focus on harnessing the latest in multi-media and technological gadgetry in the modern history classroom. Teenagers find themselves at the cutting edge of the world of "bits and bytes", social media and a global network of knowledge. It is at that point that the history teacher needs to meet them and help them to engage with the past. A new horizon has opened up for the modern history teacher who, as a student of change can pass on the skills of change management.
Looking into the past, the dots can be connected and scenario planning for the future can begin. In the history classroom, which is by its very nature interdisciplinary (because history is all about the story of what people do), various fields of study and kinds of reasoning meet.
The modern history classroom should be relevant to teenagers navigating their way through a rapidly changing world which has been shrunk by technology and in which there has been an explosion of knowledge. It is the history teacher who can put that knowledge to work, if he/she meets the teenager at the intersection of technology and of the past. Knowledge alone is of little use if not tempered by wisdom, and it is the historian who can apply "reason" to snippets of information.
In the 21st Century the history teacher must perform a delicate balancing act: reason, technology and the multi-media world of the young technophile must be juggled with consummate skill.
Wireless router: A device linked to a Local Area Network to which laptops, netbooks, tablets and a variety of other devices can be linked without a physical network point.
Bluetooth: A wireless connection between two or more electronic devices which have been "paired" for the transfer of data.
Netbook: A compact version of a laptop computer which has the advantage of greater ease of transportation.
Tablet: A highly portable device which has a "touch screen" and few peripheral attachments. It connects via a wireless router to the local area network and internet.
Kindle: A device specifically designed for downloading and storing electronic versions of books and other publications. It can store a multitude of books, obviating the need for carrying heavy textbooks or other reading material around.
Clean Slate: Software which removes programmes or data not approved by the network administrator from any device which is restarted by an end user.
Teenagers of the 21st Century are a unique breed of technophiles. They are practically born with a cell phone in one hand and an i-pad in the other. They have grown up in a world of bits and bytes, social media and global access to knowledge. For the previous generation books had pages which could be physically turned and web pages were found in Spider Man comic books. These, however, are youngsters who don't know a world without multimedia, social networking and instant messaging. They can navigate the world of technology with the greatest of ease, but they have not yet acquired the far more important skills of discernment and reason. Nor do they yet have the emotional intelligence to engage with people without the crutch of the ubiquitous cell phone. They are reaching maturity in a world exploding with knowledge which is at the fingertips of the deft-handed qwerty keyboard whizz, but knowledge alone does not make an educated person.
The History classroom in the 21st century
It is at this point that the history teacher has to meet the modern teenager. The history teacher can help to connect the dots - and these are dots which can only be connected with hindsight. We can put all this knowledge which is at the disposal of the youngsters to work. Knowledge alone is of little consequence if not tempered by wisdom. It is in the history classroom that the strands of these divergent snippets of information can be pulled together and it is here where the young technophile can learn to apply reason, emotional savvy and a liberal smattering of common sense to navigate their complex world. The world may well have shrunk in the last century, but it is certainly no less complex. Life changing decisions, decisions about managing the constant barrage of news and information and the unrelenting march of change are being made in an increasingly bewildering and turbulent present.
The history classroom is the ideal intersection between the facets which make up our modern world. History is by its very nature a study of people, the things they have done and still do - a truly inter-disciplinary crucible where various fields of study and kinds of reasoning meet. The juxtaposition of knowledge and wisdom, mastery of factual content and emotional intelligence and a whole plethora of intellectual influences which make us truly human, have never been out of place in the history classroom.
Never before has the history teacher been required to perform such a balancing act as is imperative in the 21st century. If we simply teach as we always did, engage with the past as we always have and interact with our teenage charges as we have always been accustomed to, we will lose them! History as a school subject will be doomed to become the chosen field of study for the few intellectuals and academics who recognise its value. If viewed as a relevant and vital contemporary field of study, the history classroom will not only hold its own, but history will be a subject of choice across a broad spectrum of students.
Andrew Marr quotes the Caribbean poet Derek Walcott in his book, A History of the World: "History is boredom interrupted by war". This rather jaundiced view of history cannot go unchallenged in the modern history classroom. Yet, if we don't teach history in an up to date, modern way, this is the view that many of our pupils will hold throughout their lives, and the subject we teach will seem remote and irrelevant to them.
Cognisant of the risk that history teachers will find this new world of technology intimidating and far removed from the field of reference of many of the older generation, it is nevertheless necessary to enter the rapidly changing and bewildering world of the teenage technophiles. Theirs is a world of Facebook and Twitter, of BBM's and tweets, in which sms's / texts are passé and e-mails are yesterday's news.
How do we connect with the modern pupil and still cultivate a love of history?
Methodology and application
Some practical ideas:
1. Bring technology and the internet into the classroom
• A mobile computer laboratory with 20 chargers, 20 netbooks and a wireless unit which can accommodate up to 50 connections and links to the network and internet via a network plug in the room, is a useful tool to bring technology into the history classroom. Allow the pupils to write their essays on netbooks and e-mail them to the teacher. Feedback can be given electronically as well, without having to resort to the expensive marking software used at tertiary institutions.
• Set research tasks ofvarious types which require internet browsing and responses in a variety of formats - articles, answers to questions set on the many apps google provides free of charge and engagement with one another and the whole class in the many discussion formats which have always been available to the enterprising teacher.
Notes can be disseminated via the network and may be saved by the pupils on flash drives and cell phones capable of storing files.
Cell phones can be well used in the classroom - internet browsing, video recording, audio taping and submission of responses for assessment via Bluetooth. (It is up to the teacher to ensure that none of these devices are used for nefarious purposes, but if children are kept engaged and busy and are accountable for their responses with silly answers and embarrassment hanging over their heads like the sword of Damocles, they tend not to turn to crime).
Don't be afraid to allow the use of devices, if those are the pieces of equipment children are familiar with and the use of which is second nature to them.
2. Presentation of tasks.
• Oral histories have for some time now been presented as a combination of recordings (video and audio) together with transcripts and analysis. Pupils have learnt to conduct interviews, seek the permission of their interviewees and submit signed release forms, etcetera, as part of their research tasks. This has taught a degree of discernment and respect for the rights of subjects whose stories are told. If properly contextualised, there need be no fear of using these recording devices (sometimes attached to cell phones) in a formal classroom setting.
Don't shy away from modern presentation (packaging) of historical material. An example would be the preparation of a Facebook page for a historical character (Napoleon Bonaparte, perhaps) with personal data, messages appropriate to the era studied and appropriate pictures. The content and its interpretation is thus packaged in a format more familiar to the children and with which they can identify. It is not such a leap for them to twig that it is simply the packaging that is different and that Facebook did not exist in Napoleon's day. Some interesting observations have been made by pupils using these formats of presentation regarding views on gender, class etc which prevailed in the historical context of a bygone era. They generally show a depth of insight which we don't always credit them with having.
Had Julius Caesar had our technology available to him, might he not have tweeted his decrees? Could Hannibal not have given a TV interview, had the technology existed in his day? Just imagine the impact of chaps like Atilla the Hun or Peter the Great if they had available to them the propaganda tools of the modern age.
Before long it will not be inconceivable that a single Kindle will contain all the textbooks required for a pupil. We had better make sure that history textbooks are amongst them!
3. Tests and Exams (Assessment)
It is now completely feasible that tests and exams can be written on netbooks/ tablets. It is possible to restrict access to the internet and networks and ensure no crib notes are secreted away on these devices. A very useful programme which keeps machines clear of "contraband" is Clean Slate (at very low cost to educational institutions).
Revision tests can be set for pupils on Google Apps which enable them to submit answers as long as they have access to a browser of some sort.
History teachers are specialists in the study of and management of change. It is the greatest lesson we can teach our pupils, too, as this is the one constant they will experience throughout their lives. They will one day be doing jobs which don't yet exist and for which we don't yet have names. They will be dealing with a world which we cannot yet conceive. However, they will still need the emotional intelligence, the humanity and the social skills and reasoning ability we teach. They will still have to look to the past to connect the dots and plot a future for themselves.
As history teachers we need to embrace the modern world, but still teach the skills which make productive members of society and give a moral compass to those who pass through our classrooms. History is not only about bygone times, it is about us! It is about the present and the future, too. If we don't engage with the modern teenager at the level of that which is familiar to him or her, we'll leave no legacy, become irrelevant and lose the opportunity to pass our "humanity" to the next generation.


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Located just one block north of McMorrow Fields, Harmon Park is a neighborhood park that distinctively serves as the home of South St. Paul youth and high school Girl's Fastpitch Softball. South St. Paul's Harmon Park joins parks of the same name in Pipestone, West St. Paul, and Worthington, Minnesota who benefited from park development funding sponsored by the Harmon Foundation Playgrounds in America program. William E. Harmon was an Ohio-born real estate agent who lived most of his life in New York, where he formed the Foundation that financially supported the development of an estimated 120 to 150 parks and recreational facilities across the United States. Harmon was fond of saying, "A playground now will be a playground forever, for land is the one thing that does not perish. And children will play!" In addition to the single field softball facility, Harmon Park provides the neighborhood with a playground, tennis courts, paved and boarded hockey rink, and large open areas for passive recreation and picnics.


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By Wanda Alger
With the release of the infamous memo this past week, there is growing awareness and confirmation of the duplicity, compromise, and corruption in high places of our government. How can Christians be more effective in praying for those in government when so much on the news can't be trusted?
Cynthia Dunbar is currently running for a seat in the Virginia House of Representatives. A Spirit-filled believer who stands for biblical conservative values, she is also a lawyer and educational advocate. Her run for office came after months of prayer and processing, finally coming to terms with a call on her life to run. In a recent interview, Dunbar shared her personal experience of being on the inside of the political process and what she is learning, especially as an intercessor.
Her biggest surprise, she stated, is the allure of power and the rampant deception at work. Since actively campaigning for office, she has felt the spiritual warfare increase and a growing restlessness in her spirit. One morning in prayer, she heard the Lord respond. "Cynthia, I am about to expose the charlatans. You are going to be surprised at how many there are, and you will be surprised at who some of them are." His words seemed to confirm her call to run for office, as well as her call to intercession. It was also an urgent reminder for believers to walk in greater discernment and wisdom, as God is doing a deep cleansing work in our nation.
One morning in prayer, she heard the Lord respond. "Cynthia, I am about to expose the charlatans. You are going to be surprised at how many there are, and you will be surprised at who some of them are." His words seemed to confirm her call to run for office, as well as her call to intercession.
Knowing that the battle is not against flesh and blood, she sees the spiritual ramifications and urges other believers to understand just how real this battle is. "What I have found is that…some of the most subtle deceptions are the deepest." Citing Proverbs 16:25, Dunbar describes how things may seem right to man, but they actually bring death. She believes many Christians are being fooled by appearances without seeing the deeper issues at stake. "Unless you're really discerning, you don't see it. I have been on the inside, and I've been shocked at how some of the elected officials pretend to be something they're not. They are really good at masquerading as angels of light."
She describes the seduction of power that immediately faces anyone who enters politics. "There's such a desire for power, that even well-intentioned, good people become so consumed for power and name-recognition that they become Machiavellian [deceitful, unscrupulous], and the end justifies the means." As a believer, Dunbar knows this is spiritual warfare and underscores the need for believers to pray for those in the political process. "I've seen it take even good men and good women…it's kind of like the 'Lord of the Rings' – once you put that Ring of Power on, it does something to you. The only way you can be immune to it is if you are truly being motivated by pursuing God, because God is the Highest Authority; all authority is His."
When asked what she felt was the biggest spiritual stronghold over the nation, Dunbar replied, "There is a spirit of idolatry over this nation." She believes many people have, mistakenly, placed their trust in the government to provide for their needs instead of trusting God. She sees that this kind of attitude only reinforces the power given to politicians to make decisions for people instead of seeking to serve the people.
Perhaps the most damaging mantra she has heard inside political circles is, "Keep it small and control it all." Dunbar states that this motto is well-known among established politicians. Whether it was coined by those who observe and oppose this attitude, or whispered among those hungry for power, Dunbar sees the reality of this controlling spirit at work. "They don't want others coming in. They actually look at it like, 'What are you doing here?' " Because of this controlling spirit, Dunbar says that any Christian who enters this sphere to bring positive change is going to feel that tension and will have to face the initial pushback.
Dunbar believes the call to political office should be motivated by a call to serve, not be served. "The only reason I'm in the race is because numerous people asked me, and He called me." Believing that God alone can save this nation, she believes Christians in the political sphere can be vessels of God's presence that breaks these yokes of oppression and darkness. Her staff spends time in prayer, and, to keep her own heart in check, she prays for her opponents.
Dunbar says her race is symbolic of
Haggai 2:21-22 and Psalm 2:1-2:
"… I am going to shake the heavens and the earth. I will overturn royal thrones and shatter the power of the foreign kingdoms…"
"Why do the nations conspire and the peoples plot in vain? The kings of the earth rise up
and the rulers band together against the Lord and against his anointed."
She states the need for increased intercession, especially during election cycles. "You don't step into this arena without intercessors." She reiterated how critical it is for those who enter politics to be backed and supported by strong believers and intercessors. She has her own teams of prayer warriors who lift her up in prayer, in addition to the small staff that works with her.
Let her experiences and journey be another reminder of our call to stand on the wall of intercession for those who are going to the frontlines of the battle in the governmental realm. Pray for Cynthia Dunbar as she continues her journey and for the many other believers who are sensing a call to office to be ambassadors of another Kingdom.
Wanda Alger is a Field Correspondent for Intercessors for America (IFA). IFA equips and supports praying Christians to shape the nation's history through prayer. To learn more, visit IFApray.org. Read Wanda's blog at wandaalger.me.


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Designer Cloud Enterprise Edition surfaces visual representations of your data for individual columns and the entire dataset. These visual profiles enable you to make quick assessments of problems, unusual patterns, and required changes to your data.
Tip: Visual profiling is especially important in recipe development. When you identify something of interest, you can select the visual representation of it, and the platform prompts you with a set of suggested transforms to add to your recipe. Examples are below.
For more background information, see Overview of Visual Profiling.
Profile Source Data
Tip: When you first load your dataset into the application, you might want to run a job to profile your dataset before you build your recipe. The generated results and profile are accessible through the application, which can be useful for seeing how your dataset has changed during development. For more information, see Profile Your Source Data.
Profiling in the Application
In the Designer Cloud application, there are a number of features that provide visual information on the status of individual columns, their data, and the overall dataset.
Status Bar
Counts on the rows, columns, and data types in the current sample are displayed at the bottom of the page in the status bar.
Tip: Sample counts are used for profiling when in the Transformer page. When a visual profile is generated as part of your job, the counts are taken from the entire dataset.
Column Header
The top of each column contains a data quality bar, which identifies the valid, mismatched, and missing values in the column when compared against the specified data type, and column histogram, which identifies the range of values in the column.
Data Quality Bar - missing and mismatches values
Below the name of the column, the multi-colored band indicates the valid (green), mismatched (red), and missing (black) values in the column, when matched against the column's data type. In the above image, the data type is set to URL.
Tip: Click the missing or mismatched values in a column's data quality bar. You are prompted with suggestions of transformations to fix or remove these values.
Column Histogram
Each column includes a histogram of the values in the column. In the above image, there are 402 different values in the column, and you can see how some values appear more frequently than others.
- In the column histogram, you can select a column value and drag to select a range of values for suggestions on transformations.
- Null values are a special case of missing values. You can use the
ISNULLfunction to identify null values in a column, which appear among the category of missing values. See Manage Null Values.
- When you select one or more values in the column histogram, you can see the corresponding values for the row values in the histograms for other columns.
See Column Histograms.
Column Details - statistics and outliers
In the Column Details window, you can review key statistical information on the values in a column. Displayed statistics are based on the column's data type.
To explore the details for a column's data, select Column Details from the drop-down for the specific column in the data grid.
For the selected column, you can review key statistics depending on the data type. The above image shows statistics that apply to the URL data type, which is a variation on String type.
- Make a selection from the lists of top, mismatched, and other value lists to be prompted for a set of suggestions for how to modify the selected rows.
- Transform suggestions are updated based on your selection.
- Click the missing values in the data quality bar to prompt for suggestions to address those values in the column.
See Column Details Panel.
Column Browser - profiles across columns
In the column browser, you can view visual histograms for each column in the dataset and make selections to identify correlations between values in multiple columns. To open the column browser, click the Columns icon in the Transformer bar.
For more information, see Column Browser Panel.
Profile Jobs
When you execute your job, you can generate a visual profile of the entire dataset as part of the job. You can use the generated profile to simplify iteration on your recipe. The optional profiling of the results can take extra time to generate.
- In the Transformer page, click Run Job.
Click the Profile Results checkbox.
- Run the job.
When the job finishes, click the Job Id link. Then, click the Profile tab in the Job Details page.
This visual profile displays statistics across the entire dataset. Since the data volume of the entire dataset can be quite large, these stats may be approximations.
Download visual profile
From the Profiles tab, you can download your job's visual profile to your desktop.
See Job Details Page.
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Earning for a talent is itself a blessing and when it comes to singing, we come across of thousand names but there are only few for whom their passion turned into a resource; a resource too big to make them one of the top richest singers. Just like in other domains, women have contributed somehow equally in music, earning in Millions and ruling the hearts of their fans. Being a music freak myself too, the idea of sharing that who are the richest female singers in the world of 2012 sounded interesting. With the increasing fan following of rappers, the following female singers are giving a tough time to all the male candidates with the combination of their talent, beauty, voice and high level performances.
Following are the richest Female singers in 2012, according to the latest release, based on their earnings from studio contracts, albums and sold-out performances.
1. Madonna
Age 53 Yrs
Net Worth $1.1 Billion
Country America
Hit Track "like a virgin"
The one and only, Madonna comes on number 1. She is probably the only Billionaire on the list. With her experience and fan following, Madonna up to date has been able to produce 300 Million records out of which 200 Million rule the hearts of her fans, she has been listed as the world's top selling female recordings in the Guinness World records. She is a singer by nature, but also known for her songwriting, acting and entrepreneurship
2.Mariah Carey
Age 42Yrs
Net Worth $750 Million
Country America
Hit Track " Memoirs of an imperfect Angel "
Following the pace of Madonna, Carey has given 200 Million tracks to her fans that have been appreciated throughout the world. Her net worth, at a age of 42 is considerably large, which is up to $750 Million as revealed. The lady has taken up the market not only as a singer but also for lyrics writer and producer.
Mariah Carey is an American singer, songwriter, record producer, and actress.Mariah Carey career spanning over two decades, Carey has sold more than 200 million records worldwide, making her one of the best-selling music artists of all time.
3.Barbra Streisand
Age 70Yrs
Net Worth $625Million
Country America
Hit Track "Love is the answer"
The winner of 15 awards by now, Barbra Streisand is one of those blessed singers who have had won the black lady-the Oscars. She is known for her production, direction and of course for her exceptional singing. Even at this age, the lady has maintained her long lasting charm.
4.Celine Dion
Age 44Yrs
Net Worth $600 Million (approx)
Country Canada
Hit Track "My Heart will go on"
Now that's the song I have grown up listening to. Celine Dion has the privilege of singing the world famous "my heart will go on" of the movie Titanic in 1997. She has a good record of selling her 140 Million albums.
5.Britney Spears
Age 30 Yrs
Net Worth $500 Million
Country America
Hit Track "Baby one more time"
Britney Spears knows how to stay in limelight; she is on and off found in some controversy, sometimes for her singing and sometimes for her personal life. Appearing as a child artist since a small age, Britney has been ruling the hearts as an actor, producer and singing. Having sold 100 million albums, she has a medal of selling 33 million certified albums, which is an achievement itself.
6.Cher Lloyd
Age 65 Yrs
Net Worth $450 Million
Country America
Hit Track "Want you Back"
It's again America, The goddess of pop, the winner of many awards; Cher is an amazing, television personality, actress, director, record producer and philanthropist.
7.Ayumi Hamasaki
Age 33 Yrs
Net Worth $400 Million
Country Japan
Hit Track "Poker Face"
Starting her career in 1998 Ayumi is entertaining her followers consistently by producing worth listening tracks. She has sold above 50 million records in Japan only, and becoming japans' first best selling singer.
Age 30 Yrs
Net Worth $390 Million
Country America
Hit Track "Dangerously in love"
This young, attractive and talented singer has sold 75 million records worldwide. She is a great lyricist, producer and actress a part from being a singer.
9.Janet Jackson
Age 45 Yrs
Net Worth $360 Million
Country America
Hit Track "Control"
.Known for her contemporary music, Janet Jackson has sold over 100 million records. According to the reviews,The Recording Industry Association of America (RIAA) lists her as the eleventh best-selling female artist in the United States, with 26 million certified albums.
10.Tina Turner
Age 72Yrs
Net Worth $350 Million
Country America
Hit Track "let's stay together"
The senior one, having a smooth career of 50 years, Tina has by now sold 180 Million copies around the globe. She is widely regarded as an icon of modern music who has been hailed as 'One of the Greatest Artists of all time' by the Rolling Stone magazine
Singer and actress Tina Turner. She began singing professionally with her husband Ike Turner as part of the Ike and Tina Turner Revue. As a solo artist, Tina Turner is best known for singles like "Lets Stay Together" and "Private Dancer". Thanks to a music career spanning five decades, Tina Turner is believed to have a net worth of $350 million.
United States, being the richest state of the world has even in this domain, has captured 80% of the total worth of these top 10 female singers. With the developing countries getting pace in music, a revolution might hit the world, bringing new faces and thus changing the history in coming years.
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