Casper Daily Tribune Newspaper, December 14, 1924, Page 13

{ legal, such agreement would be ‘mpracticable and unenforceable, Petroleum should be sold at a profit |. Profit depends upon many elements, changeable and unstable—and upon contingencies unforeseen, Hence ig] !t woukt be impossible to frame a contract that would insure a profit to the lessee and at the same time .| fix the maximum charge at which from | he must sell that which he produces. May the state or the nation as a|t! ‘the Mother. country, each of them inherently had-all of the powers possessed by that body. It was not intended by the framers of the fed- eral constitution, nor by the. people of the.thirteen states in adopting the same to confer any police power upon the government created by that instrument, such as could be exercised within the boundarfes of he’ states. The intention to’ with- Hold the exercise of such power within a state is manifested by the original constitution and emphasized “By the stibsequent actich of the peo- «qle«of-the states in: adopting the same. This amendment reads: x “The powers. not delegated to >the United ‘States by the corst!- tation, nor prohibited by it to “the states, are reserved to the states respectively or to the people.”* ‘The intendment of this amend: ment was'to limit the power: of con-| -§ress; also that of state legislatures. ‘ By. the original instrument certain) Bowers were cranted by the people “@f the states to the United States: 4nd certain powers of the people Were retained by them. This amend- ent makes a distinction~ between the powers retained by the states id the powers reserved to the peo* ‘Ble of the states. As to the powers ‘go reserved to the people, neither e. United States, nor any state can’ ogither abridge or prohibit the free | @xercise thereof. As 9 result of this UR&mendment, each ‘state retained all ef the police power which was then by parliament, except such had been reserved to the people. he federal constitution secured to e Citizens the rights reserved to I delegated. certain ee of the reserved rights’ ff the citizens, under the guise of e exercise of ths police power; nor an any state enforce this power, if uch enforcement will conflict with 4 je exercise of any power which has been delegated to the federal gov- nment, | A state holds the police power in rust for its people, and cannot eith- & by legislative act, or by contract ‘(grith an individual or corporation; By {mplication the congress was ted: the police power in the Dis. ict. of Columbia; also over all of vhat was known as the Northwest government regulate the price at which the refined product shall be marketed by the refiner, or sold to the consumer? Emphatically, no. Neither has the power to fix, or to enact legislation which tends ‘to fix the prices at which private prop- erty shall be sold." The right of the ‘citizen to contract in relation’ to his business is a part of the lib- erty of the individual, which is pro- cepting employment’ as a clerk or on a farm, even though he wishes to engage in such employment to heip Support the family. It would give congress the power to compel a girl of seventeen to “continue at school instead of helping to eke out the par-| be tected by the fifth and by the four-]. teenth amendments to the federal constitution, The Fifth Amend- ment is a imitation upon the power of Congress;-hence, binding upon the general - government. The Four- teenth Amendment is a limitation upon the power of the state legisla- tures. Can this power be conferred upon elther state or nation? Not by the people of the state upon the state by amending its constitution. The exercise of such power by tho state if attempted to be conferred, would infringe individual rights which are Protected by the national constitu- tion, However, the people of three- fourths of the states by an ‘amend- ment submitted in an orderly man- ner-by Congress can, by adopting the same, confer this power upon the federal government, in other words upon Congress, Is there danger this may be done? Ten years ago such a proposal would have received but scant no tce and°no ‘support from Intelligent Persons. Rad-cal chafiges have since taken place. Within the past decade, we have gone far afield from that which the builders of the national government intended... It was then a governnient of laws. Now. it is a government of regula. tions. In the immortal words of Lincoln, we then had a government “of the people, by the people and for the people,” Now we have a government of bureaus, by bureaus and for bureaus. There is an increasing tendency on the part of congress to invade the damain of the reserved power of che states by passing acts purely lo- cal and domestic in character; to so- clalize. property rights, and to de- prive the individual of the freedom of contract in respect to his labor, the ‘products of his labor and his houra of labor: If the constitution stands in the way, thrust it aside or amend it. This tendency in dan: gerous, and if not checked will prove destructive of any free institutions, The question which confronts us ist Whether ‘enough of the steady,. soni 7 2 ady,. 5 Stuated—“analagous to the police } power of the several states, and the _ ¢xtent to which it may go in the - exercise of such power is measured By the exigencies of the particular case. *« “‘rhe Highteenth Article of Amend- Ment modified the tenth in: that the ~ much of this power as has been re. . much of this power as ha been re- ~ taine in the states by the latter as Might become necessary to prohibit _ the manufacture, sale, transporta; * tion of intoxicating liquors. The term “police »power”is not susceptible of an exact definition, ‘ nor is its exercise, where it exists, subject to any definite limitation, It may be said that its limits are eo-extensive with the necessity for * {ts exercise. As an illustration un- der this power the proper officers ‘of a state or municipality may de- © stroy property to stay “an epidemic, * orto stop a conflagration; and the {state or. municipality-is. under-no “= Tegal obligation to compensate the * owners. <3 In view of the Tenth Amendment the United States as a government @oes not have such police power, &s enables !t to regulate any branch 9 the petroleum industry within » the borders of this state; much less * to {x the prices of crude or refined \) betroleum. As a proprietor of lands within this. state which produces * petroleum, it has a power over the ~ same analagous to the police power / possessed by the state. =. The extent and amit of the state : Police power in respect of the petro- bh leura industry. » > The state may legislate to protect the public health; the public morals and the public safety. — And this justifies regulations of hours of la- «bor and the requirement of safe- \ Guards; but not the fxing-of prices for labor, or- for gommodities. It may legislate to promote the gen. ,. eral welfare and to regulate: public callings. To promote the general welfare, the legislature may exert « this power “to prohibit on extrava: + gant or wasteful or disproportionate ‘use ef" petroleum contained in lands within the state by whomsoever » owned. If the owners of storage tanks and carrying pipelines permit them to be used by the community at large, they, then become clothed with a public interest in which event the state may fix the maximum , gharges for storage and for trans. { portation. But the charges must { be such as will provide a just re- turn for the services performed and tor the capital invested. In other ‘words, when private property !s di Foted_to a public use, it them gomes subject to a reasonable public terulation. + However, as a proprietor, both State and nation may regulate pro- duetion from its, own lands; but neither may .change any exist'’ng contract as to production without the consent, of the lessee. * May elther by agreement fix the maximum charge at which its lessees ghall sell the crude petroleum? In ™my opinion such argeement would conflict with the freedom ef con- teact which is guaranteed to the sit: * tgp by the fedoral coustitulion, But owilt-seo the-danger "in time to avert it:*-To support-this | tendency, apy 18. made.to. ¢1 and. not io heat Tetons tonal: that emotion, not thought, moves the masses, and that self-interest starts emotion. This truth was not unknown to the authors of the fed- eral ‘constitution; hence. they erected barriers to prevent ‘emotion. self-th- terest. and passion from undermining’| its foundations. In other words, the procedure provided for amending It gives time for passion to ctol, for reason to return and for judgment to control before final action on any Proposed amendment. These safe- guards, however, were not.sufficient to resist the fcrce of the animosity towartls’ the south engendered by the war between the states, hence; the Fifteenth anjendment, They were not sufficient to resist the assaults of ah-organized and aggressive ‘mi- nority who appealed to sentiment, emotion and animosity when the na- tion was fighting for its very exist: ence, hence, the Highteenth amend: ment. Many thoughtful statesmen, who were and are oppcsed to the liquor traffic regarded with appreliension the adoption of ‘that amendment. |. They saw in such approval the un- doing of a part of the great work accomplished in 1787, the final over- throw of state sovereignty, and the disappearance of our dual form of government. They. feared the, time was approaching when state lines would be obliterated, when state au- tonomy would be annihilated and when the “freedom of adjustment which prererves both national and local principles in our system will be destroyed.” Are these fears unfounded? Let us examine. Twice has congress at- tempted to invade the reserved pow: ers of the state by legislating in re- spect-of child labor. In each Instance, the supreme court declared that con- gress had exceeded its authority. In 1918 congress passed an act which i4 known as the “minimum wage taw.” It provided for the fixing of minté mum wages for women and children in the District of Columbia. The val- idity cf this act was tested by per- sons affected thereby in suits reg ularly brought. These sults. finally reaclied the supreme court. It held the act to be invalid, for the reason that the right to contract about his own affairs is part of the ilherty of the individual, which is protected by the due process of the federal consu+ tution. Unsuccessful in its efforts to set aside’ or over-leap the constitution as to child labor, congress bas sub- matted to the states the so-called ehf'd labor amendment. This measure ‘is by far the most radical and far reaching change in our form of gov- ernment that congress has ever pro pesed.” It travels far beyond the police power. It would confer a new grant of authority upon congrers un+ known under our system, A power which exists in some European.coun- tries, but sparingly exercised by any of them, with the exception of Soviet Russia, Thig amendment, if adopted, would be an open door to socialism, It will give congress the power to take from parents the control of all minors under the age of eighteen It will give cong the power to forbid a bey vf seventecy from mo Phebe 3 ae public here against ex- Coss< er-election optimism: /The concensus of “opinion, however, is serie? arsenal ap @ substantial and that. +present -volume of at least 13 states to prevent its adoption. The gtates in which pe- troleum, is being réfined is about that number, {8 thé conservative sén- timent“in “each of them sufficiently strong to’ influence its legislature to act Ssrermelet ‘If riot, how m ‘hat any of the legisia- tures of the other 35 states will vote against adoption? * * states! such an amendment would be less cessity afisés for guch regulation, such states may and should be relied upon to meet the necessity by appro- Priate legislation. It is a reflection upon the humanity and intelligence of the people of any state to day that they cannot be trusted to look after the welfare of thelr children and that congrers and not the state legisla- ture should be cal'ed upon to pro- vide for'the-protéection of their mor- ‘ils, thelr héalth”and thetr safety. Propaganda exists in favor of this proposed amendment. Those engas- ed in {t argue asfollows:Child labor iswrong. It is cruelty to children Some of the states have not Jegislat- ed to regulate it. Hence, the national government should, It may. be: ad mitted that child labor in certain in- stances Is wrong; that In such’ in: ‘staricen it amounts to cruelty; that such cruelty should be But all this {s no good reason why the power to regulate child labor should be transferred from. the in- dividual states to. the general..gov- ernment. The appeal in favor of such course {8 not to reason, not to jude, ment; but to “hysteria, expediency, Many gpod, » who, be Heve child-labor, ae it exists in some states, to bean evil, are swayeil by such an appeal. Many members of our different legislatures will yield to this appeal and will vote for the adoption of the amendment without reading the same, much less under- standing its !mport, or appreciating the consequences that may follow its adoption. 4 Another amendment advocated by though not yet risscpie. by minimuni wage for certain employ- ment and for certaln persons ed therein, In the fullness, of time, others of like character will follow, is it unreasonable to suppose that a measure will be introduted: tn ep gress providing. ssion amendmentte the national:son; stitution. to. regulate the, price. of petroleum and its refined products. The number: 6f voters “whos ‘labor’ and capital are employed “in “the production and refining of petroléum and in distributing the refined ducts is negligible in comparison to the number of voters who are con- sumers of petroleum and its refined products, Does any reasonable man suppose that a movement backed by such consumers to confer power upon the national government to regulate the price of petroleum and Its refined products would be re- sisted by congress? If such an amendment is submit- ted, it will require the legislatures Tadical than the congress known as the “Min Wage Law,” . the su; © court, de- clared invalid and which decision it is pI to set aside by consti- tutional. amendment;. Jess dangerous than the amentiment which congress has asked the atates to adgpt and thus give its “power to limit, regu- late and prohibit the labor of per- sons under 18 years of age," but more harmful than the Eighteenth; which is costing. the government about 40 millions of dollars annually in a successful fallure'to enforee. The Continental congress incorpor- ated these words in’ the Declaration of Indépendence: All men “are en- dowed by their Creator with cer: tain unalienable rights:’ among these are life, lberty and the pur- sult of happiness.” To secure these Dlessings, ‘the conatitution “which cteated the United States govern: ment was ordained and established. Among the unalienable rights se- cured by it was the right of the citi: zen to cbfttract in relation’ to his own business. The constitution was designed to protect the “individual in the exercise of all his urialien- able rights against the encroach ments of congress and against the encroachment of the legislatures of states, To carry out this design, most’ of the police power possessed by the British Partlament “was re- tained by the states. Its exercise in Some fhstances’ was limited bythe granting of other powers to the central governmént.: ‘This power so Teserved ‘and’ so limited: i&' the ark of our national covenant: ~ As’ £0 Umiged Mt is the®right ‘preservative of the unalienable rights incorporat- ed in the Declafation of { Indepen- dente and> guaranteed ‘by *thé» Con- stitution. In ‘the past 'this~ it has proved a beacon of saféety. “Tt ‘has Drederved property; protected’ lito; and been a shield to Iberty. Some of this policé power hag been “un- ‘Wisely surrendered tothe congress of fthe United States’ by amendmient to ‘the constitution. It is freee be many. to surrender more" “of ‘thi power. A further surrender of: ary power, or by an amendment t6 fix & minimum. wage, orto fix.the price of commodities spells th lemise of the greatest political’ création ofthe modern world, tlie” Gonstitution of the American® Commonwealth.""- * Construction Co. Anything iF on Electrical ine SEE US. 142 E. Midwest Ph. 483-W —AND 80% OF US HAVE THIS BLIND SPOT Are you one ofthe eighty out of every hundred users of electricity who never noticed the word ‘Power’ in thejr electric company’s name? Figures show that this proportion of the people whose homes are wired use electricity for-practically nothing- but light. oat one in five has put the power on the job—to his everlasting comfort and convenience: id You are wasting a great opportunity for cheap and efficient service, if.you have not yet turned over to electricity. the hardest work in your home, For washing, cleaning, cooking .and:sew- ing, electric Pewee canbe dependedon twenty-four hours a day. ya The electric company takes care of that. It is yah you to seture' the necessary electrical appliances and to see that your house is wired with ade- quate circults and switches and out- lets, “BS f This is where an electrical con- tractor can advise you how to get the most out of your'electric service. - He’ will show you what the Power means in “Electric Light and Power.” - Natrona Power fo: 100,00 . Balt Creek, Big nDap Cribunc BIG PRI “NIGHT AND DA CE ADVANCE CERTAIN ~ - > Drillers and Crew O Shares of A.P.C.. PAGE THIRTEEN. = . The drilling crew of the Country Club No. i has‘purchased 100,000 shares of Atlantic ‘Petroleum Corporation stock at 1 cent. a share. This purchase was made at the same price and upon the same terms at which it is offered to you. The drillers believe that Atlantic Petroleum is a-good investment as well as a most promising speculation. They know the price will be advanced almost any day now. They declare that At- lantic Petroleum stands a Splendid chance to get a monster producer as large ——OR . LARGER — than the world famous Whitaker gusher. Big profits on the market and continued profits from production are both expected. These Men Know The drillers ‘and tool dressers who pur- chased: this 100,000 shares are oil field veterans. They have the practical man’s ‘uncanny knowledge of structure. They purchased. this stock voluntarily; ‘They are convinced. They KNOW what they are getting, If. Atlantic’ eeroleum stock is @ good speculation and investment for these hard « Working drillers, it is a good speculation for.any investor in the world who is will- . ing and, able to. buy-oil stock. The..fact, that these men purchased this stock without any special urging from the company, upon their own initiative and judgment, is the greatest recommendation which it is possible to give this issue. They robably never read an oil advertisement. hh their lives and very likely don’t know what an_oil stock salesman looks like. They do. know the Country Club lease and they do. know the men who control this com- pany. That’s all they want to know. They. are paying for this stock part cash and part monthly as they recelye their pay checks. They know it is a good proposi- tion. They know that they will get a square deal all the way through and that they stand a splendid chance to make hand- some profits over a long period of time upon the investment of their. hard earned money in this enterprise. They have no theories and no illusions about the oil busi- ness. LOOK ’EM OVER AND SEE WHAT KIND OF OIL MEN THEY ARE: CLEM HINDS— Superintendent of drilling onerations: Started at 15 years of age with his father in the old Sisterville ‘field:in West Vir- ginia. A hard rock, deep hole driller with a world of experience. For a number of ears employed by Union Oil of California. Richt years with Standard Oil of Cali- fornia. He has been employed by tho Midwest. Refining Company, Ohio Oil Com- , pany, New York Oil Company, and other fi successful concerns. He has drilled in Muddy, Lance Creek, Pois- on Spider and other/Rocky Moyntain states oil fields. | GEORGE PRIMMER— Driller, ~ Most “of this time he hes been a drilling contractor jn a big way for himself_ Rae of the very best deep hole drillers*in Amér— ica. A real oil man with a-great-deal- of. ractical. know! of oil field structure. i is man is known-in the oil fields of Bak- ersfield,Coalinga, Monto Bello, Taft, Sig- nal Hill, Santa Fe Springs and Ventura, alifornia- if J. C, COLLINS— Drillér, ‘Worked in the oil fields of Texas, Oklahoma and Wyoming. Employed by Néw York ‘Oil Company, Texas Oil Com- ny, Mammoth Oil Company, and. other ig producers. Has helped to drill more than 160 wells. -Knows his business. R. E, BRANDENBURG— Tooldresser. Started working in the oil fields in 1908. Has been -employed in Bakersfield, Taft, Breckenridge, Jowa Park, Strawn and the Sait Creek fields. WILLIAM H. GRAY— frooldresser.. For many years: in’ Canada. For the past five years hasbeen employed by the Ohio Oil Company and the Midwest Refining Company in the Wyoming fields. mostly at Salt Creek. Important _. Notice ' Buy your Atlantic Petroleum direct from the company so that your money may be used in The men who ~~-sponsor this enterprise haye been able to make an arrangement whereby it can handle your ac- * count; whether it be a cash purchase, 10 equal monthly payments without interest, or collateral r It-is not necessary for you to purchase your stock from any other source than “th The company can handle your “account in a most satisfactory manner to you. By sending your order direct to the company YOUR company will be able to use YOUR money in drilling the Country Club well. doing this you will benefit yourself and also your drilling the Country Club: well. margin. account. the company. company. ATLANTIC I PETROLEUM CORPORATION Capitalization $500,000 Copy mailed by us upon request. oil. Has been drilling wells.since 1901. Par 1 Cent Fully Paid and Forever Non-Assessable 334 First National Bank Bldg., Denver, Colo. Colorado Securities Act (Blue Sky Law) complied with. Prospectus dated 9-6-24, filed with Secretary of State. This Is What the Drillers Say About the A. P..C. Well HINDS: - Bought 65,000 shares. “We're going to get a big well. I'll bet my “shirt on it. I'm-taking stock myself and that’s not a habit with me.” PRIMMER: Bought 10,000 shares. “I’ve drilled a lot of ‘em. This bet looks might good to me. So good I'm buying shares in Atlantic. It looks like a cinch.” / COLLINS: Bought 10,000 shares. “You can say I’m for Atlantic as the one. big’ bet in the Fort Collins gusher field. I’m confident of a big well. I'm betting my own dough that we get _a gusher.” BRANDENBURG: “I’m betting Atlantic gets a well and a good one.’ GRAY: Bought 10,000 shares. “Boys she looks good to me. So good that I beat the barrier ard was the first-man on the job to get Atlantic stock.’ Bought 10,000 shares. DRILLING NIGHT AND DAY—BIG PRICE ¢ ADVANCE CERTAIN Atlantic Country Club No. 1 is drilling night and day at about 600 feet. The drillers are making splendid progress. Company positively will advance the price, probably before the end of the week. The company absolutely guarantees that the price will be advanced 200 per cent over the present selling price before this well reaches 3,000 feet. She’s drilling pretty fast, too. For you to participate in the big, quick profits which are most assuredly expect- ed, you MUST act NOW! A. P. €. CLOSEST INDEPENDENT TO THE FAMOUS WHITAKER ACTUALLY DRILLING ITS WELL Atlantic Petroleum Corporation Country Club No. 1 is the closest in- dependent drilling operation to the world famous Whitaker gusher. Aside -from. the wells being drilled by Union Oil of California, dis- coverer of this field, it'is the only company actually drilling in this immediate vicinity—this close to the gigantic Whitaker. i The Country Club-lease immediately adjoins holdings of Union Oil of California and it is believed to be the most valuable lease owned by any independent oil company in the entire field, In addition to the Country Club lease, Atlantic Petroleum owns 80 acres in Section 12 near. the famous Mitchell. Both of these leases and drilling equipment are owned outright and free of any incum- brance.. Both leases gre on structure-close to the approximate loca- tion of the-major crest as shown in geological map made by that noted geologist, P. J, Ss Sur. ... NO: HIGH SALARIED OFFICERS— Fi NO UNNECESSARY EXPENSE ‘ Noné of the‘ officers ‘or directors of Atlantic Petroleum Corporation draw any salary.. They are not taking a penny out of this company. In fact, some of them are putting in a great deal of their own money to insure the success of this enterprise. The only payroll expense which this company has is its highly. effi- cient and hard working drilling crew. When you send-your money in to Atlantic Petroleum it is used in the drilling of the Country Club well and other. necessary expense inci- dent thereto. This well is being drilled as economically as possible. It is the aim and intention of the men who sponsor this company to make it the: outstanding success of the age. With this Purpose con- stantly in view, they are conserving all of the resources of this com- pany and eliminating every penny of unnecessary pense, It is the intention of the company to sell only sufficient stock at this time to finance its immediate operations so that there may be only a limited amount of stock outstanding upon which to pay dividends. It is befieved that there will be sufficient stock remaining in the treas- ury after the Country Club. well is completed to adequately finance future operations, Buy Your Atlantic Today Before the Price Goes Up The hour is at hand. You’ MUST buy your Atlanti¢ now BEFORE the price is advanced. Get all you can afford to ry without delay. Now you already know the men and the properties. You know the plan of action, It is up to you to act‘with- out delay. ''The price positively will be advanced, prob- ably so quickly that you do not have a day to lose. Any day now you may read of a 50 or 100 per cent ad- vance in price. Itis up to you to act NOW. Remember the IRON-CLAD MONEY-BACK GUAR- ANTEE.. Get your order in the mail immediately, this day—THIS HOUR. Investigate Atlantic Petroleum Corporation fully and completely. Then any time within 15 days from‘date of purchase, IF for any rea- son whatever, or.for no reason at all, you want your » money back, it will be refunded to you in full prompt- lv and cheerfully. You MUST act now. Do not wait until this stock reaches 2, or 3 or 4-cents a share. Get it now, so that you may bein line for the big market profits which are most assuredly expected. You can't stand still and catch a fast train. USE THE MONEY-BACK COUPON TODAY. Tomor- row muy be too late. Buy aH of the Atlantic now that you can afford to carry. Cash, or 10 equal nionthly payments without interest. * By MONEY-BACK COUPON NTIG PETROLEUM CORPORATION 4 First National Bank Bldg. Date enver, Colo. Gentlemen: Enclosed please find $ (full). (part) payment for .,-----2.2 ofthe capital stock ‘of Atlantic Petroleum Corp: (fully paid.and. forever non-assessable), at 1 cent a s Name. ---- Vinten Ghee SRS Gls (Wn fe]