Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-29

on the footing of an ordinary private owner
under no obligation to the public to produce
ccal-or that any obligation or implied con-
tract that they have toward the public in
this respect must be assumed to contain n
STRIKE clause In 1t, exempting them from
liability to produce or carry coal pending a
strlke; and that, therefore, the pending sit
uatlon presents nothing but a controversy
between two sets of individuals
Oh the one hand and employees on the other
in which third persons including the nuh
lie, have no right to interfere: and that
the coal operators. acting through their
comp!nation. may keep the public without
coal TOT time absolutely unlimited, and let
the price of imported or other coal rise To
any hgure however extravaganza, unless and
uhtn the coal operators acting through
.nelr combine. can induce the miners to
acceoe TO terms which the coal operators
acting through their combination NAV hs
willing to agree to.
Coal Mines Real Estate.
THE coal now in the mines is of course
IN the eye Of the law. real estate, like the
houses and trees and rock and soil within
the region. 1t is bought and sold and mort
gagged by deeds, like other real estate
THE coal operators view Of the situa.
ton evidently is-or at least II necesss ri,v
involves the theory-that the owner of real
estate can do as he will with it. providing
"a. ne does not use 1t in manner affirma-
lively offensive to his neighbors and that
among his inalienable rights in respect of
1t is the right to let 1t lie idle-or pushing
tneir theory to its logical result-that ex-
cept In the ordinary case Of an express or
constructive trustee. holding subject to the
equitable interest Of particular Individual
or individuals. the legal owner Of real
estate necessarily owns 1t absolutely, and
NOT subject to any trust in behalf Of the
public generally.
This view of the situation, necessarily
involved in the present attitude Of inaction
OF the coal operators combination, is I'M
sound, root and branch, and not only I'M
SOUND. but In conflict with most elemen-
tary and familiar principles of law, which
are in operation and are being invoked at
every moment by millions of people.
Legal Title Not Absolute Title.
Speaking in the broadest sense. and
speaking Of all real estate, and not merely
OF real estate having peculiar features, II
Is utterly untrue that the legal title Of any
private owner is an absolute title; but, on
the contrary. all real estate, of whatever
character, Is subject to the right Of the
pubic In many respects to restrict the use Of
II. or to require affirmative action in respect
TO 1t on the part of the owner
principle underlying the rule Of in
vNation, or closely allied to It, has been in
Iorce from the earliest times, in the law Of
England and of this country and Is to the
eject that when a person voluntarily de-
votes his property to a public use. and in
vltes the public to make use of II he cam
not back and fill with the public but the
public's right in his property will control
his own.
Thus. in England and in this country.
from time immemorial, man holding forth
ms house as an inn. and offering entertain
ment for man. or for man and beast, as the
case may be, becomes thereby subjected to
the right of every respectable trayeler to
enter the house. to sleep there. 10