
    LINDSLEY v. NATURAL CARBONIC GAS CO.
    (Circuit Court, S. D. New York.
    May 4, 1909.)
    See, also, 102 Fed. 954.
    Morris & Plante, for
    complainant. Itockwood, Scott & McKelvey, for defendant
   LACOMBE, Circuit Judge.

The question whether or not this statute (chapter 429, p. 1221, Laws N. X. 1908) is constitutional depends upon the power and authority which the owner of land in this state possesses and may exercise over what lies beneath its surface. In view of the recent deliverance of the Court of Appeals on that proposition (Hathorn v. Natural Carbonic Gas Co., 194 N. Y. 326, 87 N. E. 504), the demurrer to the bill is sustained.  