The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-28
IL Il Claimed that They Can Make
Things Lively for Coal Carrying
Roads of Pennsylvania.
THE CONFERENCE IN CHICAGO
1T is NOT THOUGHT 1T HAD To DO
WITH ARBITRATION.
President Mitchell Will Be in the
City TO-Day-News from the
Anthracite Strike Field.

United Mine Workers in the anthracite
strike will be to begin litigation in an at
tempt to annul the charters of the coal
carrying railroads in the anthracite field
on the ground that they have forfeited
their rights by violations of the Constitu-
ton of Pennsylvania. The coal-carTying
roads own the mines and carry their own
product The Constitution of Pennsylvania,
amended in 1874. provides that no corpora
ton doing business as a common carrier
shall, directly indirectly, prosecute or
engage in mining or manufacturing articles
for transportation over it's road. A con-
struction of the law holds that corporations
having charters prior to the amendment of
the Constitution may not be governed by
the amendment, providing they accept no
benefits of subsequent legislation. 1t is
said the railroads of Pennsylvania have
operated under their old charter and con-
troll the mines and at the same time accept
benefits under legislation enacted since the
amendment. AS evidence of these benefits
it is cited that Governor Stone has been
issuing commissions to company constabu-
larry, known as "coal and iron police"
which is a corporation benefit enacted since
the Constitution was amended.
A SECRET CONFERENCE.
The maneuvering of the officials of the
United Mine Workers and certain members
of the Civic Federation indicates that the
miners organization is about to take such
a step. President John Mitchell, of the
United Mine Workers, Frank p. Sargent
and Samuel Keefe, all labor leaders and
representing the labor end of the committee
~ he Cfxrin With I'm
MacVeagh, of the federation, held a confer
ence in Chicago Monday that was sur
rounded with much secrecy. The report
published was to the effect that the meet
ing was called for the purpose of preparing
another plan of arbitration to settle the
anthracite strike. The Civic Federation is
doing all it can to bring about harmony
and arbitration, but a conference virtually
representing none but the labor element
can hardly be construed to be in the inter-
ests of Cancellation Franklin MacVeagh is
a widely known constitutional lawyer and
his relations with the Civic Federation are
such that II could not be said that he rep
resented both the capitalist and citizen
branch of that body in arranging another
arbitration plan. He has frequently been
in conference with the labor leaders and
officials of the miners and the Chicago
meeting has no significance in the line OF
an arbitration plan.
The section of the Constitution of the
State of Pennsylvania under which the
United Mine Workers may institute legal
proceedings is as follows: mo incorpor-
ted company doing the business of a COM
mon carrier shall directly or indirectly
prosecute or engage In mining or manufac-
turing articles for transportation over its
works, nor shall such company, directly
or indirectly, engage in any other business
than that of common carriers, or hold or
acquire lands, freehold or leasehold, di-
rectly or indirectly, except such shall
be necessary for carrying on its business;
but any mining manufacturing company
may carry the products of its mines and
manufactures on its railroad or canal not
exceeding fifty miles in length.
QUESTION OF LEGALITY RAISED.
Another section OF the Constitution un-
der which the question Of the legality of
the railroads to own and operate the mines
is raised follows: mo president, director,
officer, agent or employe of any railroad
or canal company shall be interested. di-
rectly or indirectly, in the furnishing OF
material or supplies to such company, or in
the business of transportation as a common
carrier of freight or passengers over the
works owned, leased, controlled or worked
by such company.
The final clause on which the miners are
basing their case is as follows: mo rail-
road, canal or other transportation com
pany in existence at the time of the adop-
tion of this article shall have the benefit
of any future legislation by general Oh
special laws except on condition of com
plete acceptance of all the provisions OF
this article"
1t is held that the coal-carrying rail-
roads have not accepted the new provisions
of the Constitution, but at the same timt
they have accepted the benefits of SubSe-
quent legislation. The same question has
not been raised in the Pennsylvania courts
but a similar one was carried to the Su-
preme Court of that State, and these pro-
visions of the Constitution were applied
| The case was against the Pennsylvania
Railroad Company by George r. Duncan
and involved damages, but the same points
in law that will be brought out in the con
templated proceedings OF the mine workers
were considered by the court. The court
held that the company in accepting bene
fits of legislation after the amendment Of
the Constitution, was bound by the amend
ment The company took this stand IL
the case, and succeeded in having a judg
ment of $40. 900 reversed. The miners viii
| take the same position and contend tha
| the coal-carrying roads have accepted the
benefits of legislation since 1874, but hav,
not made their charter conform TO thu
| constitutional amendment, which prohibit:
them from acquiring any interest in mine.
| or mining.
ACTION AGAINST RAILROADS.
| Just when the miners contemplate tn,
action outlined cannot be ascertained, bu
| it is known that they have considered TAX
| ing legal steps against the coal-carryinl
railroads Wayne MacVeigh was interested
| in the Duncan case, in which the Suprem,
| Court rendered it's decision, and this add.
color to the belief that Franklin MacVeagi
will attack the railroads in the Pennsyl
vania courts. Such a step will bring on on,
| of the greatest legal fights ever witnessed
/ in this Countrywide strongest labor organi
cation in the world, composed of more thar
| 100000 members. pitted against a combina
| ton representing millions of dollars IL
/ wealth and controlling the richest industr,
| in the United States.
President John Mitchell will be at head
| quarters to-day. hut will leave tonight o.
! tomorrow morning for Hazleton, Pa, I,
/ take up the strike situation As this new
| proposition has suddenly taken form of life
/ and in view of President Mitchells imme
/ date return 10 the East. Ii is probable tina
/ the calling of a special convention of tn
! bituminous and anthracite miners TO decid
i how far the strike is 10 be extended int
/ the btuminous coal region will be post
/ poned until the courts are asked to TAX
/ action against the mine owners.
MINERS WIDOWS AND ORPHANS.