Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-18
Formally Dedicated.

discriminates against the citizens. of otEer
states in providing that before person can
present himself for examination for Ger
tificate he must have had al least TWO years
practical experience in the mines OF this
commonwealth.
The company had two of the best lawyers
in the state, Joseph O'Brien and James H
Torrey to defend him. He was found guilty
subject to point reserved by the court as
to whether the act is constitutional or not.
Last March Judge Kelly handed down an
opinion upholding the act and commanding
him to appear for sentence. A fine of 500
was imposed. Immediately the case was
appealed TO the superior court, a midway
appellate tribunal in this state. which has
jurisdiction in cases not rising to the grade
of felony and in the civil side of the court
where the verdict Goes not exceed $l,500
A Principle of Interpretation.
The superior court gave a decision sus-
tanning the act except the section requiring
experience. 1t Is principle of interpreta-
ton that when a statute attempts to ac-
complish two or more objects and is void as
to one 1t may still In every respect be COM
plete and valid as to the other. In other
words, part of an act may be bad, and il
. the void part is not so connected with the
rest of the act as TO bring the rest down.
too, the rest stands
The superior court said the experience
section is unconstitutional; that 1t makes
no difference where a man gets his expe-
Renee, whether in this state the old
country; If he can pass examination and
show that he understands the requirements
he should be entitled to a certificate.
Evidence taken at the trial to show
that the three grave dangers attending coal
mining are ventilation, blasting and keeping
up the roof and that conditions are prac-
tically the same In these respects In the
bituminous mines of the western part OF
Pennsylvania as they are In the anthracite
regions of Pennsylvania. and that the con-
ditions exactly the same in the bitumi-
nous mines of the western part of Pennsyl-
vania and the mines In West Virginia bor-
dering on Pennsylvania
Strive to Knock Out Act
From the decision of the superior court
the Delaware and Hudson company has
taken an appeal to the supreme court,
which sits next week In Philadelphia. The
company will strive to knock out the act
altogether. A decision is expected before
April /, when the award expires.
If the act is knocked out in toto, what
will 1t mean? In the last strike the COM
panies could not bring men from other
states here to work The men would have
to have two years practical experience in
the mines of this state before they could
even stand the examination The act tied
the hands of the companies.
The Delaware and Hudson company is
acting in this case for the Other companies
What are they mourning all this expensive
litigation for? They could easily grant the
eight-hour day and raise the price of coal
80 cents ton to the consumer. That Is not
what pinchcs them. 1t is recognition of the
union. The certificate act is rila greatest
weapon in the hands of the miners in on,
and If 1t can be knocked out 1t will be
hard blow to the union. The strange part
of 1t is that the act was passed by the COM
panies. They had no idea that 1t would
work to their disadvantage. On the OUT
come of the case in court much depends as
to whether there will be strike or aot