The “rule of capture” had continued to govern the industry’s operations since its early days in western Pennsylvania, and it had repeatedly been sanctioned by the courts, based upon the English common law regarding migratory wild beasts and game. To some property owners who complained to one court that their oil was being drawn off by their neighbors, the justices had scant solace to offer: “Only go and do likewise.” Because of the rule, every operator everywhere in the United States put down his wells and produced as rapidly as he could, draining not only the oil under his own property but
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