New-York tribune., 1904-10-24
P0OSEVELT MADE PEACE
MS WORK IN COAL STRIKE
c>uotor KnOr Says President De-
serUes Commentator.

-,.s,r. 1902. when he undertook successfully 20 |
ne anthracite coal strike.
-. describing the action OF the President in |
- 70 the Northern Securities suit and his |
- 70 enforce the provisions OF the Inter
- Commerce law. Senator Knox said:
net from time to time those who. while con-
cssng, n IS Intervention IN the anthracite coal
sr.ssblss IN Pennsylvania as a manifestation OF a
ssSSsifion interfere with matters not properly
Sh ~ Us IS oonsideT this and be governed in our
gnSg SsSg ths fortnight preceding October 10 1907
shs PEesdent Ts9slvea many Ss,oTSsIs ans
pSs- items bearing upon the deplorable situation
Y Y ~ Wvesuiting coal famine in many parts OF the
St[TntTy with the request that he take immediate
sss sS5GR settle sis- The Unfortunate situation;
Nhile toeSS & SroS5 in theiT SCOPE as the range OF
tI os ~ fancy vet the President endeavored as far
asssSserstion, g and to weigh them uninhuenced by
sbSse suggestions and requests fell under four
bssds. -. v....,s.,. .no,,,. .,,. .nsrp. ~
tie military power OF the Initeo states res.FEsIn
a coal mining and suppress disorder within the
crave your permission 70 discuss this point
.-ev-liat IN detail. first TO show how and why the
Seen sss Ss5 of acoeptanoe refers to the reign OF
force Colorado as an Illustration OF the failure
s14E'" which made il the duty. OF the St louis
oqysno asnee5 70 can are voatea Ehenever any
ttiSen Is denied the right 70 labor 70 acquire and
S2s I y fysclinatons may determine" meaning there
- this assertion he's sEy Tslsy9ney 5nat sGSn
FS6 Implying that the federal government has
sIiisd to enforce thern
THEORY WHICH IS INCORRECT.
This request and Judge ParkeE's speech proceed
szPBmedIate relation to the preservation OF peace
Gnd good order and government In state "hieh
NE PRESIDENT cannot interfere in the domestic
stss 6v the Constitution. The States, when they
asserted TO ne sa,Ts onIv IN extreme
emergencies, which were paFtlcularly specneo-
~. - - sifpatons which would make IL necessary
s5T ne federal power 10 supplement the police
gSS gon q q he consttuon provides that the United
s11s ss P56'es END on appiicaon OF the egis
iStuTe, or OF the E1ecutive when the legislature
II Is clear therefore, that domestic violence VIII
justify the interpos.uon ot the F1esden' @ onty
sentative OF the people eertihes its neeessity o or
instances where the PEssdsntt may ,.la iavcks g
direct attack upon federal authority or an inter
ference with the operations OF me Ieog15s i;S I'M
eFise control; and second. where there is donles-
30 resurrection IN the States against the laws OF
n the frst instance. the right Of the Pres@ide3t @
ss entirely clear without Teo1isiron by tne stare
Kew Rtbeion n Pennsyivania, It was insurrec-
fion against the feoeTal excise laws. The rebellion
iDos he federal government When President 1t
oevesnd in lss sent federal trooPs 70 Ghiees s 70
point he did without q re9ulEiuon from the
had enioihed the labor leaders from interference
with interstate commerce. and Us Seefee nag pee, oee
judge the District Attorney and the United States
cres a1d Because The Postraaster General had Ger
theo to an obstruction of the Passaee oI Ce mas rs
nor his stoTneV T General ever suggested any rig
q The United states troops to be used except for
purely federal purposes.
REQUIsITToN A PREREQUISITE.
IN the second class Of cases. namely. domestic
lnsuIreetion ~ me states against me avs OF the
srnor has always been prerequisite Thus in the
csrtifed that the STATE vas without any miiitia
ane mat the passage Of ralroad trains from State
Eylyaria certified that he was powerIess to suppress
convene the legislature in tine President Hayes.
n his proclamation, aced the right 70 tzteTpose
egisatIre could NOT be Convened IN time 1'u '"0
The anthracite situation developed a conflict be-
tween corpoTsJions and their employees with alleged
n of 6e @ SAFE Pei of PenRsyTania nn 'o S0
In recent case the Supreme Court o. the United
States. through the Chief Justice. speaking Of the
power and sovereignty Of a State. uses this Ian
1T cannot be denied that the power Of g State to
protect the lives health and property OF It's citizens
the power 70 govern men and things within the
5S, % q s a01 ~ te Re@eT o SFsn2y aae
oy them 70 the general government nor directly
and essentially exclusive"
Thai Is 70 say sovereignty for the protection OF
NE. property. gooc order. pubic rnorsls and per
sonsl liberty, within the respective States, rests
This may be clearly understood when it is re-
sne-1bered that the rights ot life. liberty and the
Tie reneTa government nor are they enforced b.
government.
a Second line Of suggestions 70 the President was
regions q Penasyivahya @ @ has hem Impressed s With
PUBIC use, ana for that reason II IS possible, By
bic remedy for the President TO compel their opera
authority Of decision Of the Supreme Court Of rht
Dnited States. which had 40 bearing upon th'
Z was also suggested that under the power O
eminent domain tie mines could be condemned bl
the United States and operated for the public bene
d These mines being located within the Stat
There is no such power in the United States t
nv ~ yste GoPesIy S eSGeSt & 80 sSs ts5 SS - is nS @
y by the Constitution, and the mining Of coal Il
Some Of tbe coal operators insisted that proceed
gs 1e Instituted Hnoef me sherman AntiII9rs I
eEs Association combination IN restraint o
interstate commerce.
SUSTAINED BY SUPREME COURT
& EEsr since the passage q the sherman act tn
me- me interstate trade have eontendee, and the 81
Various DIsessss ~ rosneto1 sIe secedent s
&C distinct from interstate commerce; that com
Ehsn the product oommenees its anai novsznen
5Eom The STATE OF its origin TO the State Of i
snterprse Chat iE enterprise within State)
n s iis foTos oT io rs,se or ovsr Ss pbpSess
S.sges" are rot within the. prohibition OF N
era as vel as domestic trade.
spinss the produc n which they ship throughou
tI ne country are Let as 20 The process Of produc
e.g ne eoai under contracts made in Pennsyivani