New-York tribune., 1902-10-03

constitutional amendment 1t is the business of
president 70 look ahead and advise needed i'm
pIoNements III the fundamental law That takes
time, but the founders Of the government in
tended that such changes should be slow. The
PRESIDENT is not responsible for that. But
point is that far as coal is concerned the
Democratic scheme can be carried out only after
a constitutional amendment. In nine years the
people VIII have forgotten both the present sit
uatlOn and the men who tried at Saratoga to
make capital out of our troubles. That is a shot
in the air.
Governor Stone-I think you will find that
nave within my power a measure that has none
or the weakness or delay Of the Democratic plat
lorIn OF New-fork. | regret that public cOnven-
renee mas so little consequence in your estima-
tion and that must speak more plainly. Now
Wlli say 10 you that / Will give you two days
10 resume the working of all your mines to their
business into the hands OF others who can give
public satisfaction.
retelNerships- We are advised that no court of
equity can take action against US unless some
t"HpIdlhlhG- NO supposed public duty can be
enforced by court Of equity or by a receiver
snip None ~ our stockholders are complaining
vantage
Governor Stone-Assume all that. Any law
thrash out old straw or To frighten you into
compliance with public opinion Win jack-'o-
lanterns ! Sec must speak with brutal frank
ness. have considered calling "A special session
or the legislature 10 pass some law for COmpul-
sorv arbitration. ' have not satisfied myself
business
such regulation within the legislative power.
nut there Is one thing that the legislature can
do and the time has come 70 do it. There is
strong pubic sentiment in this country in favor
~ the control and ownership by government OF
instrlTentalifes Of public convenience. neCes-
Sify md concern. I cannot say that I am pre-
pared 20 30 to the length Of some advocates of
that s-stem. But I prepared 10 advise the
]. l.Si-laturr that condition exists in Pennsyl-
-Anit v he the reserve and latent power OF
.ralUert domain ought 10 b. exercised. l am
prepared Ct" submit TO them law for com
mission go Ondemn the mines OF anthracite
goal ara fh~ appliances for moving and mar
keting The product. ! prepared 10 advise
coal II Wi. be a mere matter Of detail TO be
prescribed I'm part by law and In part by the
'rcis' OF e discretion conferred upon the
agencies Of the State. how the business shall be
conducted. but make question but that the
State viii he able 10 obtain the needed service
To conduct the business and that no riOting or
unlawful corduct which cannot be easily and
efficiently suppressed will follow. II such a law
shal! be pa7aed what will become OF your
prohts, You Will set simply the value OF the
lend taken There will BE- no more fluctuations
Of prices and heavy rise 70 meet the fall de-
mand There viii he no more stock gambling
aided by su'Jcr and uncalled for jumps in
prices IF Goa! Not only our own State but our
neirhbors "il' regard this long strike bless
ing in tissuist II Il shall result In the taking
President Baer-The idea IS prepOsterOuS You
VIII never get The courts to sustain such a
Coverno, stone-You evidently are not well
14NlSff aS 20 the reserve power called eminent
of the courts To its scope and application.
Eminent domain r. that sovereign power vested
ia IN" people by which they can. for any public
purpose take possession Of the property of any
individual upon lust compensation. The courts
~ Pennsylvania have gone 10 the fullest extent
IN constituting this power literally. They hold
that even the convenience Of the state or its in
habitantS warrants the exercise of the right.
President Raer-But who is the Judge of the
necessity OF ronvruienre: The courts viii not
agree with you that the supply of coal is not a
matter Of private contract They will hold that
zion.
Governor Stone-The legislature is the excIu-
sIve judge, under the authorities. The necessity
l legisla tive question. IL is not subject to
view Ia the courts. only the question of COM
prnsaton Is a judicial question. and the same
rules apply as apply 20 damage To any property.
Loss to Your business and future profits would
De held too speculative The value of the land
end the property taken fs all YOU could get ana
that need not be fixed by court. All that is
needtul is that some impartial person or body
should fix The compensation and that provision
should De made for H. payment.
wIH hardly find this speedy solution OF the diff
hculty We viii BE- in possession until YOU
pay ior our property, and it viii not be before
you nave made good your views in every court
up 70 the Sunreme Court of the United States
thal any practical relief will be secured.
Governor StOne-There YOU are mistaken
again That court has sustained the right To
an extent which has only been reluctantly fol-
IoWed IN some Of the States Such a law would
"Henq no provision Of the federal constitution
tMd that court is committed To that proposition.
plan II IS not necessary that the compensation
should BE- paid in advance. If reasonable pro-
VISION Is made for payment when ascertained
ana Tor impartial asCertainmeut. that is all that
IS required. Il the legislature should pass nv
proposed law. would see 10 IL that a commits
sion was working every mine in the anthracita
reSlon tuli blast in forty ight hours
Vow Whdt VIII YOU gentlemen do? / hay.
asked you To come here to give YOU "A chance 10
stay In business. VIII you do IT, or shall IN
state OF pennsylvania go into the coal business
Coal Baron-Hour eXcelIency offers rs a hit
Ter phi 10 swallow. How much time viii -,
give Us 10 adjust our differences? ''N
Governor Stone-If you are not WORKING ~
your fuil capacity in fOrtv-eight hours I viii
can together the legislature the second da,, af,a
mat II YOU are obstructed by anv addad a.
ma ndS or th~ miners / will take that int, -,
sideration 7 will consider nothing els -
not the arbiter Of YOUR differences but s.a'.5
for my public duty to see 10 in that ~ .tIr
shall suffer no longer by your inability 70 49,
Here recurs the famous question. The Id. -
me stI-Whlch. ROGER NJ SHERMAN
New-York. oct. =. 1892 AN
INTERNATIONAL BEARINGS OF THE, s-rert-t, !
To the Editor Of The Tribune
Sir, II Il gratifying message the press ra.a,,,
from Washington this afternoon in which 3, A., /
stated that the President Attorney C;eper,1 L-,,
and Secretary Moody held a serious c,r,sre1 /
upon the coal strike situation this mornfne n, - -
fortunate that the Secretary of State Was no, -
ent al the meeting which really concerns tn So.
Department more than any other branch OF - |
government This arises from the fact TIN, =
large number of foreigners have besn sasaI,., |