Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-09-30
TELEPHONES.
COAL STRIKE AND COURTS.

Those citizens of Boston, who. for the
,eneft of all concerned, applied 10 the
,upreme Court of Massachusetts for the
appointment of a receiver for the Pennsyl-
ania coal companies and coal-carrylnS
Dads. have taken most interesting step.
md one which it is hoped will bring to
he public relief from the intolerable con-
litions growing out of e~srlke Inc
proceeding is the result of an agitation
,tarted by a tract on the Goal Mines and
he People" prepared by Mr.. Herman w
Chaplin, Boston lawyer. In his tract
Mr.. Chaplin stated that the United States
lupreme Court has ruled, in conformity
Nth common law decisions in England
md this country, that the owners of
property who invite the public to become
dependent upon them for means of sub
istence or welfare. cease by that inyi-
alton and the usage which follows it
have absolute control over their
,wn property. On the contrary,
he public acquires by such in
rited usage an interest in the en-
,loyment of such property, which, so far
Is it goes. is quite as complete and fun
lamental as that which the owners them
lelves possess And in this connection
lie quoted from the decision Of that court,
n Mum against Illinois. follows:
When private property is affected with
1 public interest it ceases to be juris pri-
tai tthe subject of mere private rights
tnly- This was said by Lord Chief-Jus-
ice Hale more than 200 years ago. and
has been accepted without objection as
IN essential element in the law of proper
y ever since. Property does become
llothed with a public interest when used
h manner 10 make it of public conse
luences and affect the community at
arge When, therefore, one devotes his
property to use in which the public
has an interest. he in effect grants to the
public an interest in that use, and must
lubmit TO being controlled by the pub
lie for the public good to the extent of the
interest he has thus created"
A Boston special explains that
The plaintiffs seek relief in the State
lupreme Courts instead Of the Federal
Or the Pennsylvania courts, because the
Pennsylvania corporations, in order to do
my business in Massachusetts, have to
,orations, and are amenable to all State
avs. They have offices and agents and
transact business in Massachusetts,, and
Z IAN therefore. it is claimed, be debarred
by the State courts. And the Boston
Herald of Saturday. in anticipating the
proceeding, contends that it is eminently
lifting that the initiative in work of this
tind should be taken there for these
lmong other reasons: New England is
arther from the source Of supply than
iny other national division east of the
Rocky mountains Except at great ex-
ion by water. and during the winter
months of the year the voyages Of coal
raft around Cape Cod are attended with
many delays, difficulties and perils In
nidwinter the people Of Baltimore, Phil
idelphia, and even New York city, and the
ether great Atlantic seaports, enjoy a
much more equitable temperature than
We have to endure: hence. if comfort
Ind health are to be preserved, the need
If a reasonably abundant supply of fuel
much greater in Boston than it is in
my other of the great cities along the
American seaboarG.''
Be that as it may, if it is practicable
io solve the problem-to afford the pub
lie the needed relief-through such action
Is has been commenced in Boston we
hink 1t would have been far better had
The initiative been taken in the
courts OF the keystone State.
Pennsylvania is the proper power
10 deal with the situation, no matter what
method of dealing with it may be neces-
,ary. Moreover. the fact that the nro.
seeding was Instituted in the court of a
lister State probably increases the chances
,f some complications arising that will
throw the matter into the Federal courts
Had the movement been started by citi-
sens Of Pennsylvania, and the application
Tor the appointment of receiver been
made TO Pennsylvania tribunal, the pros
Z tect. We doubt not, would be for palmer
md more direct sailing. However. in de-
ault Of a resort to the courts by Pennsy,-s
yania, and in default of arbitration. the
American masses can but wish the Bos
on plaintiffs success, and speedy success.
I'VE cannot see how the Massachusetts
Esy7oirt can reach the operators and coal
Trying roads directly. but tt may be
Estbie for the plaintiffs to win out on.
Drincsple in such q way that the Penn