STANDARD OIL COMPANY-APPROPRIATION FOR INVESTIGATION. LAWS 1885, P. 14. APRIL 30, 1885. AN ACT making an appropriation to pay the expenses of the committee to investigate the Standard Oil Company's tax case, appointed by concurrent resolution, approved June 2, (1), 1883. WHEREAS, By a concurrent resolution passed by the legislature and approved June 2 (1), 1883, which reads as follows: "Resolved (if the senate concur), That a committee of five members of the house, and three members of the senate, be appointed to whom shall be referred the special message of the governor of March 1, 1883, with the accompanying papers, and that the said committee shall have power to inquire into the legal relations of the Standard Oil Company to the State, into its conduct as to the payment of its taxes to the State under existing laws, and into the right and power of the State to require by statute the payment of taxes by said company, or any foreign corporation upon its business transacted within the State, and to report specifically upon each branch of the authority hereby given. And for this purpose shall have power to send for persons and papers, and do such other acts as may be necessary for the purpose of its appointment, at an expense not to exceed twenty-five hundred dollars, and that said committee may sit during the recess of the legislature, and make report to the governor." WHEREAS, No appropriation being made to pay the expenses of said investigation, in order that the resolution might be complied with the money for the purpose was advanced to the chairman of said committee by the State Treasurer, until the same might be appropriated by the legislature; Therefore, SECTION 1. Be it enacted, etc.: That the sum of $2,500 be and the same is hereby appropriated to defray the expense incurred by said committee, in compliance with the foregoing resolution. AUTHORITY TO HOLD STOCK AND BONDS OF OTHER COMPANIES. LAWS 1889, P. 76. MAY 3, 1889. A FURTHER SUPPLEMENT to an act, entitled "An act to provide for the incorporation and regulation of certain corporations," approved April 29, A. D. 1874, providing for the further regulation of such corporations, and authorizing corporations incorporated for the purpose of mining for petroleum to purchase, hold and dispose of the stocks and bonds of certain other corporations. NOTE. The original act of April 29, 1874, is under the title Mining CorporationsIncorporations Generally. (See p. 413.) SEC. 1. Be it enacted, etc.: That corporations incorporated under the provisions of the act, entitled “ An act to provide for the incorporation and regulation of certain corporations," approved April 29, A. D. 1874, for the purpose of mining for petroleum, may subscribe for, purchase, hold and dispose of stocks and bonds of any other corporation, incorporated under the said act for the same purpose, and may also subscribe for, purchase, hold and dispose of stocks and bonds of any corporation incorporated under the provisions of the act, entitled "An act to provide for the incorporation and regulation of natural gas companies," approved May 29, A. D. 1885. And may also subscribe for, purchase, hold and dispose of stocks and bonds in any corporations of other States incorporated for similar purposes: Provided, That the amount of such stock held by any corporation, together with the amount of its capital stock, shall not exceed, in the aggregate, the amount to which the capital of such corporations is limited by the thirtyninth section of the act to which this is a supplement. ACT EXTENDED TO OIL COMPANIES. LAWS 1915, P. 63. APRIL 9, 1915. AN ACT to amend an act, entitled "An act, etc. (same as the title of the act of June 16, 1893) by extending the same to companies incorporated for the purpose of refining, manufacturing or sale of petroleum and petroleum products. SEC. 1. Be it enacted, etc.: That section one of an act entitled, "An act to amend. an act, entitled 'An act to amend an act, entitled, 'An act to amend an act, entitled 'An act to amend an act, entitled, "An act authorizing, etc. (same as the title of the Act of June 16, 1893) * approved June 23, 1911, which reads as * follows: here follows the amended sec. 1), be, and the same is hereby, amended to read as follows: (here follows the section as amended by the acts of June 16, 1893, May 28, 1907, and June 23, 1911), or for the refining, manufacturing, or sale of petroleum and petroleum products, to erect and maintain buildings and manufacturing establishments within this Commonwealth, and to have and hold real estate to an amount necessary and proper therefor: Provided (the remainder of the section is the same as that part of the act of June 16, 1893, in brackets. (See p. 434). PIPE LINE COMPANIES. OIL CREEK TRANSPORTATION COMPANY. LAWS 1862, P. 60. FEBRUARY 26, 1862. AN ACT to incorporate the Oil Creek Transportation Company. SEC. 1. Be it enacted, etc.: That (certain named persons) be and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company, by the name, style and title of the Oil Creek Transportation Company, with all the powers, and subject to all the provisions, so far as the same are applicable, prescribed by an act relating to railroad companies, approved the 19th day of February, 1849. SEC. 3. That said company shall have the right to construct works for the purpose of conveying oil through pipes or tubes from any point on the Oil Creek, in the counties of Venango and Crawford, to the mouth of said creek, or to any point on the Philadelphia and Erie Railroad, in the counties of Erie, Crawford or Warren, and by such route as in the opinion of the directors of said company shall best conduce to the public interest; and that said company shall also have the right to construct such machinery as in the opinion of the directors thereof shall be necessary to effect the purposes hereinbefore named. * ACT EXTENDED TO OTHER COUNTIES-SUPPLEMENT. LAWS 1864, P. 1097 (APPENDIX). JUNE 13, 1863. A FURTHER SUPPLEMENT to the act to incorporate the Oil Creek Transportation Company, approved 26th day of February, 1862. SEC. 1. Be it enacted, etc.: That the said company shall have the right to lay pipes, or tubes, with branches for the purposes contemplated in the original act, from any point on the Oil creek, to any point, or points in the counties of Crawford, Venango and Warren. AN ACT to incorporate the Pennsylvania Tubing Transportation Company. SEC. 1. Be it enacted, etc.: That (certain named persons) be and they hereby are incorporated into a company to be called the Pennsylvania Tubing Transportation Company, and by the same name shall have perpetual succession and be capable of suing and being sued and shall be constituted and organized according to the provisions of the act approved the 19th of February, 1849, concerning railroads; the capital stock of said company shall be three hundred thousand dollars, divided into shares of fifty dollars each. SEC. 2. That it shall and may be lawful for said company to lay down, connect and construct, iron, or other pipes, or tubing, of not less than four, nor more than twelve, inches in diameter, for the conveyance of oil, or petroleum, in and along Oil Creek, commencing at or near the mouth of said creek, in the county of Venango, and extending up and along said creek not exceeding ten miles from the mouth of said creek; the damages, if any, accruing to the owners of lands in, upon, or over which said pipes or tubing shall be laid, as aforesaid, shall be assessed according to the provisions of the twelfth section of the said act of the 19th of February, 1849, whenever the said company and the owners fail to agree upon the same. TRANSPORTATION AND STORAGE OF OIL-SUPPLEMENT. MARCH 12, 1872. A FURTHER SUPPLEMENT to an act entitled "An act relating to corporations for mechanical, manufacturing, mining and quarrying purposes," approved the 18th day of July, A. D. 1863. NOTE.—The original act has no reference to pipe lines, and is under the title Mining Corporations Incorporations Generally. (See p. 406.) SEC. 1. Be is enacted, etc.: That the provisions of an act relating to corporations for mechanical, manufacturing, mining and quarrying purposes, approved the 18th day of July, 1863, and the supplements thereto, be and the same are hereby extended to the transportation and storage of petroleum in the counties of Venango, Warren, Forest, Armstrong, Clarion, Butler, Crawford and Erie; and that any company organized for such purposes, under the provisions of said act, shall have the right to transport, store, insure, and ship petroleum, and for that purpose to lay down, construct and maintain pipes, tubing, tanks, offices, and such other machinery, devices or arrangements as may be necessary, and to enter upon, use, and occupy such lands as may be requisite for the purposes of the company; and for rights of entry upon lands, rights of way, and the use of materials necessary to the construction, maintenance and operation of said lines of pipes and fixtures as aforesaid; they shall be entitled to all the rights and privileges and be subject to all the limitations and restrictions of railroad companies as contained in the act relating to railroad companies, approved February 19, 1849, and the supplements thereto : Provided however, That nothing herein contained shall be construed to authorize the construction of any railroad. SEC. 2. That any company organized under the provisions of this act may at any time change the location of the whole or any part of their pipes, or construct a branch or branches from any point or points on the main line to any other point or place within the counties aforesaid; but before doing so, a majority of the directors of said company shall make, or cause to be made, a certificate in writing setting forth the proposed change, particularly setting forth the routes and termini, have the same acknowledged before a notary public, and recorded in the same manner as shall be provided in the original articles of the association: Provided, That no line of pipe shall be laid, under the authority of this act, within five miles of the state line for the purpose of carrying oil out of the State; and that the owners, producers, and shippers of all oil intended for Philadelphia, Baltimore and New York, using pipes laid under this act, shall give the preference to the lines of road traversing the greatest distance in this state, at the same rates for transportation. (The proviso of this section is repealed. See following act.) ANNOTATIONS. PIPE LINE TAXATION. TAXATION OF TRANSPORTATION COMPANIES. A corporation authorized under this act to lay down pipes, tubing, etc., to transport petroleum, must be regarded as a transportation company within the taxing provisions of the act of April 24, 1874. Commonwealth v. Columbia Conduit Co., 2 Pearson 411, p. 413. REPEALING PROVISO OF SECTION 2. LAWS 1872, P. 26. MARCH 19, 1872. AN ACT to repeal the proviso of the second section of an act, entitled "A further supplement to an act entitled 'An act relating to corporations for mechanical, manufacturing, mining and quarrying purposes,' approved the 18th day of July, 1863," approved the 12th day of March, 1872. SEC. 1. Be it enacted, etc.: That the proviso of the second section of an act entitled "A further supplement to an act, entitled 'An act relating to corporations for mechanical, manufacturing, mining and quarrying purposes,' approved the 18th day of July, A. D. 1863," approved the 12th day of March, A. D. 1872, be and the same is hereby repealed. TRANSPORTATION OF OIL-RIGHT OF WAY FOR PIPE LINEAMENDMENT. LAWS 1874, P. 73. APRIL 29, 1874. AN ACT to provide for the incorporation and regulation of certain corporations. LAWS 1883, P. 61. JUNE 2, 1883. AN ACT supplementary to an act, entitled "An act for the incorporation and regulation of corporations," approved April 29, 1874, authorizing the incorporation of pipe lines for the transportation of petroleum, and providing for the exercise of the right of eminent domain in taking lands and property for such purposes. NOTE. The original act of which this is amendatory is under the title Mining Corporations Incorporations Generally. (See p. 413.) SEC. 1. Be it enacted, etc.: That the 18th clause of the second subdivision of sec. 1 of the act of the general assembly, entitled, “An act for the incorporation and regulation of corpora tions," approved April 29, 1874, which reads as follows: (here follows the original clause 18), be and the same is hereby amended to read as follows: XVIII. The carrying on of any mechanical, mining, quarrying or manufacturing business, including all of the purposes covered by the provisions of the act of general assembly, entitled "An act to encourage manufacturing operations in this Commonwealth," approved April 7, 1849, and entitled "An act relating to corporations for mechanical, manufacturing, mining and quarrying purposes," approved July 18,, 1863, and the several supplements to each of said acts, including the incorporation of grain elevators, storage warehouse and storage yard companies; and also including the storage and transportation of water, with the right to take rivulets and land, and erect reservoirs for holding water, and excluding the distilling or manufacture of intoxicating liquors; and companies may be organized under this act, having the right to transport, store, insure and ship petroleum, and for that purpose to lay down, construct and maintain pipes, tubing tanks, offices and such other machinery, devices or arrangements as may be necessary to fully carry out that right; and also with the right to enter upon, take and occupy such land and other property, as may be requisite for the purposes of such corporations. SEC. 2. That all companies incorporated or hereafter to be incorporated under the provisions of the act to which this is a supplement, for the purpose of the transportation and storage of oil, by means of pipe lines and tanks, for the public, shall have the power to take, hold, purchase and transfer such real and personal property as the purposes of the corporation may require, not exceeding the amount limited by its charter, together with the right to appropriate and take lands, easements and rights of way for locating and constructing steam pumps, tanks, pump houses and offices, and laying down its pipes or tubes, connections and branches, from any point or points in any of the counties in which petroleum is produced to any railroad, canal, navigable river, port or city within this Commonwealth, and for all necessary purposes of the corporation, including right to cross railroads, and the right to appropriate a right of way and locate its pipes or tubes, upon and over, under and across any lands, waters, streams, rivulets, roads, turnpike roads, canal or other public highway, not however, passing through any burying ground or place of public worship, or any warehouse, mill, manufactory, store or dwelling house without the consent of the owner or owners thereof being first had and obtained: Provided, That when said pipe line is located through, over, under or upon the streets, lanes, alleys or highways within the corporate limits of any city or borough, the consent of the municipal authorities to said location shall be first had and obtained, which consent said municipal authorities are hereby empowered to give upon terms to be agreed upon by said city or borough authorities, and said corporation: And provided further, In case said pipes cross any railroad or canal the same shall be located under or above the same, so, however, as not to interfere with the use of the same: Provided further, That corporations organized under this act and its supplements, shall not take a fee in any lands acquired under any of its provisions, except such as are acquired by actual purchase, and that upon the abandonment for the purposes of transporting oil, any lands taken by any company organized under the act to which this is a supplement and its supplements, said lands so taken, otherwise than by actual purchase, shall revert to the original owners or their successors: And provided further, That any pipe line, so laying its pipes under the provisions of this act, in occupying any lands cleared and used for agricultural purposes, shall bury the same at least twenty-four inches below the surface, and if any line of pipe shall be laid over or through any waste or woodland, which shall afterwards be changed from |