The Providence news. (Providence [R.I.]) 1891-1906, 1906-02-12
COAL MINING IS
NO VIOLATION Of
CONSTITUTION

Philadelphia, Feb. 12.-George II. Baer.
president OF the Reading company. has
issued a statement in relation 10 the ac-
tion OF the house of representatives OF
Pennsylvania. last Friday in adopting
resolution instructing the attorney gem
eral to bring court proceedings against
anthracite coal carrying railroads II upon
inquiry he finds they are violating the
nstitution OF the sthte
The resolution, which will come before
the state senate tonight for action, quotes
from article II OF the PennY,lvan Con-
stitution, which says:
mo incorporated company doing the
business OF a common carrier shall. d.
rectly or Indirectly. prosecute or engage
I'm mining or manufacturing articles for
transportation over it's works
The resolution names the Pennsylvania
railroad. the Philadelphia and Reading
railway and the Delaware, Lackawanna
and Western Railroad. President Baers
statement is as follows:
MY attention has been called to the
possibility that there are great many
good people In the country who may take
the actions OF Pennsylvania legislature
seriously. so that. therefore. some state
ment OF the facts should be made,
First. as 10 the right OF the Reading
panies.
THE legislature seems TO be the only
law officers and lawmakers of the state
who are ignorant or the provisions Of the
Constitution of 1873. All the corpora
tions referred to obtained their rights ana
franchises under charters granted prior
10 the adoption OF the new Constitution.
THE trainers OF the Constitution well
knew that these were vested rights fully
protected by the law OF the land, and
10 prevent any misapprehension the new
Constitution. explicitly declares and all
rights. actions, prosecutions and contracts
shall continue as IL this Constitution had
not been adopted
And to still further set for their mean
ing II declares that all existing char
ters or grants OF special or exclusive priv
ileges under which bona-fide organiza-
tion shall not have taken place and busi-
ness been commenced in good faith at the
time OF the adoption OF this Constitution.
shall thereafter have no validity"
"The Supreme court OF the state has
several times passed upon the effect OF
the new Constitution. repeating vested
rights and franchises. and has uniform
ly held that these constitutional limita-
tions did not apply TO corporations exist
ing prior TO the passage OF the Constitu-
tion.
But all this can safely be left 10 the
report OF the attorney general. The reign
OF law has not ceased in Pennsylvania,
and investors in Pennsylvania securities
need not be alarmed at the vagaries OF
the legislature.
Second. the resolution AYERS: 1T Is
alleged that the price OF anthracite coal
has been raised since the last anthracite
coal strike 81 TO N.2 per ton. yet the So
called operators are refusing 20 allow the
miners an increase in wages: thus another
strike is threatened This is In form a
cowardy statement, the falsity OF which
the public should know.
"In point OF fact, there has been n
very small increase IN traffic receipt
from anthracite coal, and no increase in
rates Theron.
THE average receipts from traffic on
anthracite coal for the last five years
have been s10,33 1850. The traffic receipts
from the same source in 1883 were sl0,O4s-
76O. and IN 1893 s10.12s575.
There are the facts. and II any COM
mittee OF the legislature wants TO verify
their accuracy. the books OF the COM
pany are open for Inspection