The Advocate and news., 1898-03-09
FOR THE MINERS RIGHTS
Legal Battle Now On at Fort Scott Over
Scrip and Screen Laws.

The scrip and screen cases will be
argued before the Court Of Appeals at
Fort Scott to-day. These cases were
tried before Judge Simons in the Craw-
ford county District court, where de-
cislon was rendered in favor of the
constitutionality of the laws. The Stale
was represented by Attorney General
Boyle and County Attorney Wildly and
the mine operators attorneys were Nor
ris Cliggett and Perry & Grain.
The case then went to the Court Of
Appeals, the Judges of which are Man
ford Schoonover, A. w. Dennison and
B. F. Milton.
The argument Of the appellants Is that
the passage Of these laws takes away
from the miner his constitutional right
to make any contract with his employers
which ne mRydeSire. 1t Is alleged that
a mans labor is property and that his
right to dispose Of it in any lawful call
ing on such terms as he may deem sat-
istfactory and advantageous is an in
violable right of property. 1t Is essential
to the citizens liberty and pursuit of
happiness 1t deprives the miner OF his
property In his labor of one of its essen
tial attributes. The law requires the
company to provide scales and this, it
Is argued, deprives the operator Of his
property for no public purpose and with
out compensation. It has nothing to do
with the health, comfort, morals or
safety Of miners, and Is not therefore
proper exercise Of police power of the
State. Coal mining Is not public busi-
ness and Is not subject to legislative re
straint. This Is the substance Of the
operators argument. The brief in which
these points are made contains 1913 pages.
Mr. Boyle's brief contains 1856 pages,
and is an argument of the case from the
miners standpoint. He begins by call
ing attention to the fact that coal Is run
over a screen when it comes out of the
mine; that the miner Is paid for mining
the lump COAL the nut and the slack not
being paid for. The weighing Of the
coal when it comes from the mine, before
passing 1t over the screen, would be the
proper basis for payment for the miners
He cites an abundance Of labor reports
showing that the scrip and screen sys-
TENS have resulted in perpetual abuses
and dissatisfaction to the miners, and
that legislation on the subject has been
recommended by Labor Commissioners
everywhere and in many States 1t has
been enacted. In England the scrip sys-
TEN was legislated out Of existence prior
to 1912. A long Inc of decisions is
quoted, showing that the laws are both
constitutional. It is pointed out that
neither law takes away any Of the min
ers' rights, but simply deprives the op-
orators Of power to continue abuses
which are gradually impoverishing the
man who works. With regard to the
question Of freedom Of contract, it is
shown that the miner now has to work
on conditions fixed by the employer or
lie idle, and it is to prevent the fixing Of
these miserable conditions that the LegO
islature has acted. The question is asked,
ii the. constitution, which is supposed
to be the peoples guarantee Of freedom,
Is to be used to legaliZe conditions which
impoverfsh and Cypress the people them
selves. In speaking of the argument
that the miner Is being deprived of his
liberty, Mr.. Boyle says that liberty
means freedom In all respects which do
not conflict with the freedom OF others,