The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1902-09-25
WAGES AND LAW.
A Judge Wants to Regulate Pay Of Coal
Miners, s,-Jldge Benjamin, OF Illinois,
Holds That the Legislature
Has the Right

Some time ago the papers contained
statement made by Judge r. M.
Benjamin, of Illinois, noted jurorlst,
to the effect that the Legislature has
power to step in and compel settle
ment OF the coal strike. Judge Ben
jamin received so many inquiries as
to the basis upon which his conten-
ton rests that he has written out his
views in full. He quotes the consti-
tuition and opinions of various courts
to show the right of the government
to step into the relations between
capital and labor, and he then goes
on to say:
The proposed legislation for estab-
fishing reasonable minimum prices
per ton for mining coal in the anthra-
cite region of Pennsylvania is similar
to the legislation of Illinois establish
ing reasonable maximum rates OF
charges for transportation on the
railroads in that state.
The powers Of the Legislature over
railroad corporations was fully dis
cussed in the convention which
framed the constitution that was
adopted by the people of Illinois in
1870 debates of Constitutional Con-
vention, Illinois, vol 2, p. I,64ID
and the following mandatory pro-
vision was incorporated in the con-
stitution: "The General Assembly
shall, from time to time, pass laws
establishing reasonable maximum
rates of charges for the transportation
of passengers and freight on the diff
ferent railroads in this state"
In accordance with that mandate,
in 1873, a ''railroad and warehouse
commission" was created with author
ity to make schedules with reasonable
maximum rates OF charges which are
to be taken in all courts of the state
as prima facie evidence that the rates
therein prescribed are reasonable.
The schedules are subject to revision
from time to time as often as circum-
stances may require, and penalties
are prescribed for charging more than
reasonable rate. The character of
the legislation is such that in pro-
ceeding for penalty railroad cor
poration may escape conviction if it
is able to show on trial before jury
that It's charges, although above those
prescribed in the schedule, are only
reasonable.
1t is confidently believed that SINH
lar legislation in Pennsylvania provid-
ing for a classification of the mines
with reference to the depth and thick.
ness of the coal veins and any other
"difterential" that may be deemed
important, and providing for schedules
prescribing what shall be taken in the
courts as prima facie reasonable mini
mum prices per ton for mining coal,
and fixing suitable penalty against
any operator who may make con-
tracts with miners for less than rea-
sonable prices, will be held to be con-
stitutional, and not an unreasonable
restraint of the now arbitrary power
of these combined mining corpora
tions in making contracts with the
individual miner.
In Holden VS.. Hardy 69, United
States, 800, it is held that a statute of
Utah providing that the "period of
employment of workingmen in all un-
derground mines or workings shall be
eight hours per day except in cases
of emergency, where life or property
is in emminent DANGER" does not vic
late the provisions of the fourteenth
amendment by abrldging the privl-
leges or immunities of its citizens, or
by depriving them of their property,
or by denying to them the equal pro-
lection of the laws.
In this case the court cites with
appreciation the following from Chief
Justice Shaw:
"Rights of property, like all other
social and conventional rights, are
subject to such reasonable limitations
in their enjoyment as shall prevent
them from being injurious, and to
such reasonable restraints and regu-
lations established by law as the Leg
islature, under the governing and
controlling power vested In it by the
constitution, may think necessary and
expedlent." And thereupon the court
added: "This power legitimately ex-
ercised can neither be limited by con-
tract nor bartered away."-P. 3oa.
1t is matter that should be con-
sidered and well pondered over by
the magnates of the coal combine;
that in this same case the supreme
courts of the United States says:
"rhe Legislature has also recog-
nlzed the fact, which the experience
of lauicl :, tore in manu- ctatec hoe cor