The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-05
Whole Affair to Be Investigated BY
Congress and Pennsylvania
Legislature -
1T RESTS WITH PRESIDENT
MITCHELL TO DECIDE
Proceedings Against the Coal Compa.
MES Under the Interstate Commerce
Law Would Consume Too Much
Time and Be impracticable, Anyhow
Mo Extra Session of Congress.

final effort, with hope Of success, is to
be made to end the coal strike. 1t has
been discussed by the president and
some Of his advisors today; and while
the idea Is still in an uncompleted state
and the final result still uncertain, yet
it offers a method which now seems to
be the only solution of the problem.
The suggestion is that President
Mitchell of the United Mine Workers,
may be able to have the men now on
strike return to work in order to avert
the impending disaster which a fuel
| famine will cause and that at as early
g. date as possible there shall be &
complete investigation by congress and
| by the legislature of Pennsylvania into
the anthracite coal situation with
view of bringing before the public the
facts with a view to legislation or reo-
concentrations for relieving the condi-
tion of the miners in the near future.
While it Is not absolutely possible to
guarantee such an investigation, there
is little doubt that recommendations by
the president and the executive Of
Pennsylvania would be promptly acted
upon by congress and the PENNSYLVANIA
legislature.
All Rests With Mitchell.
Just how President Mitchell will
view this suggestion cannot be stated,
but it is known that he and others fully
realized that after statements by the
presidents of the coal roads. yesterday
there is little hope Of securing any adj
justment with the operators by which
the people of the country may be sup
piled with coal.
to- +Io+
will confer with his associates and if
they can determine that the mine
workers can be fully as much benefited
by the course suggested as by continue
ing the strike and causing the wide-
spread suffering which is sure to fol-
low a deadlock, 1t is expected that ne
gotiations will be opened with a view
to carrying out the new proposition.
Much will depend upon the way the
miners view the proposition and wheth-
er they think it will cause loss Of
prestige to the union from which if
cannot recover.
Where the Interstate Law Comes In.
1t Is believed here that a resort to
proceedings against the coal carrying
roads on the charge of imposing .unlaw-
full carrying rates while possible is i'm.
ability to accomplish speedy results In
the present emergency. In case pro-
ceedings should be instituted, either at
the initiative of the administration or
at the instance of the miners, the roads
could protract the litigation for two or
three years, in carrying the case finally
to the United States supreme court.
AS the coal moves slowly from the
producing state to other states in the
Union the carriers and their rates are
subject to the jurisdiction that con-
gress conferred on the interstate COM
merce commission. Those informed on
the subject say there would be little
difficulty in getting some competent
person to make formal complaint, on
which the commission is empowered to
notify the carriers and afford them a
hearing and then to institute and carry
on an investigation to determine
whether the rates they charge for
transporting coal are unjust and un-
reasonable within the meaning of the
first section of the act to regulate COM
merce.
What the Procedure Would Be.
If the commissions findings should
be adverse to the companies 1t would
order the carriers to cease imposing
such rates, though the commission cam
not prescribe the rates that should be
substituted. If the roads refuse to
comply the next move on the part Of
the government would be the institu-
ton by the commission of suit in the
proper United States circuit court to
enforce the commissions order. The
findings of fact by the commission
would be deemed in such suit to be
prima facie correct but the carriers
could introduce other and further proof
than that given before the commission
and virtually have the case retired In
the circuit court.
Even if the circuit court should de-
cree an enforcement Of the interstate
commerce commissions order to the
roads the latter could continue the
litigation almost interminably by ap-
pealing to the circuit court Of appeals
and thence to the highest tribunal in
the land.
No Extra Session.
There will be no call for an extra
session of congress to deal with the
strike situation at this stage. The
president expressly stated in his appeal
to the operators and representatives OF
the miners yesterday that he did not
act officially in calling them together
He has for the time being exhausted
his individual resources. In his view
the matter Is again one with which the
state of Pennsylvania should deal. II
the commonwealth finds itself unable to
control the situation and appeals to
him through the constitutional chan
nels, the president will be ready to
bring into play the great forces OF the
national government, military and
civil.
A great many radical suggestions
have been made as the result of the
failure of the conference yesterday and
they include everything from taking