Gant v. Oklahoma City, 289 U.S. 98 (1933)

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Gant v. Oklahoma City

No. 547

Argued March 15, 1933
Decided April 10, 1933
289 U.S. 98

APPEAL FROM THE SUPREME COURT OF OKLAHOMA

Syllabus

1. Jurisdiction of this Court of an appeal from the final judgment of a state supreme court sufficiently appears where the opinion of that court on a first appeal of the case, from an interlocutory judgment, shows that the requisite federal question was raised by and decided against the appellant, and where the second and final decision of that court was made upon the authority of the first one. P. 100.

2. A city ordinance conditioned the right to drill for oil or gas within the city limits upon the filing of a bond, in the sum of $200,000 for each well, to secure payment of damages from injuries to any persons or property "resulting from the drilling, operation or maintenance of any well" or structures appurtenant thereto. Held consistent with the due process clause of the Fourteenth Amendment. P. 101.

3. A further requirement that the bond be executed by some bonding or indemnity company authorized to do business in the state is also valid. P. 101.

4. The wisdom and fairness of this requirement were for the city council to decide, and its conclusion, not being clearly arbitrary or unreasonable, binds the court. P. 102.

5. A otherwise valid statute or ordinance conferring a privilege is not rendered invalid merely because it chances that particular persons find it hard or even impossible to comply with precedent conditions upon which enjoyment of the privilege is made to depend. P. 102.

150 Okla. 86, 89, 160 id. 62, affirmed.

Appeal from the affirmance of a decree denying an injunction against the enforcement of a city ordinance and granting an injunction against its violation.