New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-26

MN claims 10 have discovered an ui 80, 90
precedent He quotes the Public lanIa -.
new YORK, which enacts: The -, ,.iobt
are the property Of this State IN he" -. >,
u sotGGGHtB; J. All mines OF soiSS STATE Mines
x Anu ne ADDS The title reaus.s arrn proposes?
W NAT Is II the Democrat tie platlU9tia relevancy
National Mines" But what posi- f,ta ~ New
mas THIS 10 his proposition? IbS and silver
IGIA can OF course claim 10 rs il can every
mines by right OF sovereignty 80 is no reve-
loot oil soil within its borders - STATE nos
latloh, Tor our Constitution saya 20 property in
sesses me original and uitl.lr.isJctIen Ii can
ana 10 an idHdS' within its Juiisi r,tne every
take every sold mine. every toi'' a., fact everv
IRON mine every other niue, az 30 rieht OF en-
other utility in the Stately lo a,,ra-,ss
inent dornaj,, - ,,,on making Just coHlpeHsd-
ton therefor Rnt vrbat has all this 70 90 Nlt uI
seizure by the United states oi
IN tne State Of Pennsylvania, .ha Federal min
Senator Hill further quotes ti 80 Glands
ing statute: IN all cases II sdSa SAYS. go,
valuable for minerals shall pc Pr Stectad nv
law NJ -, - $50 maj this statute applies
10 the Pennsylvania coal fields lahNs 80 ~ ,
for minerals? If not, why ~ go ~ f,cto cIausa
Still ne must be aware of the % P'' r. EeJ
of rhe CCrstitn+ion He knows that the req
eraI mining statute was enacted 9l' g,I+ ST.
vania became a state and scqull'u ~ Isu,,er
he is nresur,ad m know the history OF our feo-
eral mining laws and thel tlv le.tI,-e1 go,
has repeatedly decided that the L, ~ r7ogbt
eminent never reserved ana Le'SI no. 90 tLiv+aan
10 reserve arv mineral lands IN the tAIIteell
original $50 Hence the statute he quotes
never applied 10 coal or any otneI Hi'ii'S III '''
State of Pennsylvania. - - o,.-,ersbfn In
its anthracite coal beds, Al - a-d the
long since granted 10 prlNa'S O,ts, 81, TO
sovereign cOntro! Of minerals dPPltc' go 80.
Observation-Disclosures ard unoccupied lands. senator
HnPs proposition, therefore lhNOlNes {, 49, sJ
invasion Of vested rights-ah UP I,izs--
cOnfsca tfon of the private properly OF t9
Of MISREPRESENTATION ana an unconstitutional seizure
of the prerogatives OF the State itself
SENATOR HILLS BRIDGE ILLUSTRATION
n, Senator Hill also bases his proposition on
state and municipal ownership OF public utih-
ties Formerly he says, private corporations
constructed and owned bridges over puolic
streams lakes and rivers" but now New-4or
wouId never consent to have its bridges placed
under private ownership and control y piiii-
cipIe that is good for Newton ne uIsSs, %
good for the nation; therefore the nation Siou"
sei,a tha pannsvIyania coal mines THIS rea-
sonner il Rarely coherent II certainly Is neither
logical nor legal But take MS hiusttd Ion, 60,
IN refutes his own argument Ihe bFooAlyh
Bridge, for example. was Coils1'O' CIV ~.
a Dr,roachas condemned by the sovereign power
of New York The United states coutd NOT nav
invaded our territory and condemned tnt -
Hall and Brooklyn termlnais-because II Hdu i''
power To bridge the East River. ON the other
side OF the city however, congress granted
charter 10 span the North River connect New
York and New-JeTsey, and condemn approaches
In both States-aIl under the interstate COM
merce clause of the Constitution-and upon ap-
peal the Supreme Court sustained the constItu-
tionalitv of the act (193 u. :. SD. over the
East River Congress can build 10 bridges De-
cause the state is supreme, over the North Rlv-
er Congress can authorize all the bridges II
pleases for the Constitution grants the power.
Again, says Senator Hill, the people OF the
State own and control their own Capitol, their
own public buildings, their own prisons, asy-
lums and hospitals Therefore. he argues. the
national government would be justified in ac-
Quiring and operating coal mines. And again
we urge iTTeleVancy, but answer that the State
has the sovereign power TO do these things, and
the nation has none
SENATOR PLATT DEFENDED.
a. Finally Senator Hill reproves Senator
Plat for characterizing his proposition as a
seizure Of private property. Let me tell him"
he exclaims. with an assumption of condescend-
ing wisdom. "Iet me tell him what he ought TO
know. but of which he is apparently ignorant.
that the taking OF private property for public
use is herer regarded. in law or morals, a
seizure But let me tell Senator Hill, not
what he ought to know, but what ne does know,
as we'll as every other lawyer in our Common
wealth, that seizure is the only accurate and
legal term applied by the courts to the taking
OF private property for public use. When gov
eminent takes your property IN iHCitRm that is
cr ~ icrmtni a Sei>ure and nothing else.
III. however Senator Platt be wrong he has
many Nlustrious associates I'm error. New
fork's greatest jurist, Chancellor Kent stands
by his side; the fun bench of the Court OF APP
Hrt!S II Win ana surrounding him also
the Justices OF the supreme Court OF the United
States All have declared that the condeulna-
ZION or private property for public uses is a
seizure in law But Senator PIatt was NOT
wrong I now go further than he did and teU
Senator Hill what he ought to know but az
which he Is apparently ignorant that il ever a
democratic administration attempts 20 enforce
MS proposition II will be in law a seizure
Illegal and unconstitutional; and in morals an
lnde1enSloIe and socialistic confiscation of pri-
vate property. - -
In concluding this review % bts ,ov..i....t- =,
arguments, II is due 10 the legal acumen Of
senator nm TO assume that he was not irnora nj
81 tI b piHn Provisions OF the Constitution nor
OF theSs WeI-establtshed PRINCIPLES OF Cnnsti-
tutionaI law. There has been an inte1-
e.3'-', IN usIon OF State and Federal DOW
ments he knew senator SSa Hi advanced his argu
VOCATION OF the Federal Constitution.
DEMOCRATIC DOCTRINES WRONG
And such is the proposition that no cr,t,,s
is neither startling. reyoIutforar,. so,ta,;-.io
"oi pa'e''dI' out necessary expetiient
and above all IL Is right" II is c1sar,,, Go.
ms oecause unprecedented 1t is "revoIu-
ttonary," because il o,,art,,rrs ~, :
winch our FEDERAL and state governments are
constructed 1t is 'sociaustIc and Maternal =.
because II leads straight TO Federal conduct of
every private Interest and to the ultimate all
Sorp'loh OF every public utility 1t is ''unneces-
sary, because all public requirements ~ the
soNeInhitht can be supplied through private
omnership' aud it is "inexpcdient' because
the civilized world experience OF
- <1''u, move an Senator Hill and his party
- ,.o' ,,tlSi't on the contrary they are
ro -, tHTS are wrong-all their arguments
,, - "uaulute'E and fundamentally wrong They
t aIe wrong on express powers wrong on
irrnpieu powers wrong on eminent domain.
" , ,os, On the general welfare clause on
@ ts't'e commerce. national sovereignty
, 90 Observation-Disclosures and in
ter5 "a wrong on every principle they CON
MI ,un. senator Hill and his party are not
III "toHs' put they are condemned OUT OF
, 80 oNu mouths. In the background of the
so rise up the porteatous figures of Jefger-
Poix ''iS JACKSON. and Calhoun. and Pierce. and
ferJa-. et s all and uncompromisng de-
Iehoers OF their princinIes-and d. - N ~,