Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-18
BEARING ON THE ISSUE
CONSTITUTIONAL OF THE
MINERS CERTIFICATE LAW.
soecta, CORRESPONDENCE of The Star.


SCRANTON Pa, February II, 1906
To strike or not to strike; that is the
question. The award of the anthracite coal
strike commission appointed by President
Roosevelt expires on March 81. 1906, about
six weeks from date. The United Mine
workers of America have committed them
selves to a request for eight-hour day
and recognition of the union in addition to
all the benefits in the award. If the coal
companies refuse this will the miners strike!
Around this contention much has been
said and written. but there is another con-
sideration which has figured very little in
the discussion so far, and which, In the
minds of close students of the situation Is
a very grave matter. 1t Is the constitution
alItv or unconstItutonality of the miners
certificate law That comes before the SUI
preme court of Pennsylvania on appeal from
the quarter sessions court of Lackawanna
county next week, and there is very little
doubt but that 1t will have a great bearing
on the issue.
On the 18th day of July. 1897, the legisia-
rure passed law to protect the lives and
limbs of miners from the dangers resulting
from incompetent miners working in the
anthracite mines OF this commonwealth,
and to provide for the examination of per-
sons seeking employment as miners IN the
anthracite region. and providing for penal
ties for the violation of the same.
A Strict Examination.
This act has eleven sections In substance
they provide that there shall be examining
boards, composed of practical miners. i'll
every inspection district, these boards 20
be appointed by the courts; that they shall
meet from time to time to hold cxamina-
lions and receive certain compensation in
fees from each applicant; that the applicant
must answer satisfactorily twelve questions
in the English language pertaining re the
requirements of practical miner. and last,
but not least that before person CAN pre-
sent himself for examination TO any board
he must have had at least two years pritc-
tfcal experience as a miner or miners Ia
borer In the mines of this commemorative;
and any person who works as n miner with
out certificate of competency Is Liable
upon conviction in the proper court To
fine not exceeding $500 nor less than $te0, or
shall undergo imprisonment of not less than
thirty days or more than six months. either
or both at the discretion of the court.
In the summer of 1904 the Delaware and
Hudson Railroad Company, whlCa is one
of the largest coal mine owners In the an
thracite region. decided to test the constI-
nationality of this law. detective named
John Shaleen was brought to Scranton
from Coal City, III. He had worked in the
soft coal mines there
The First Case.
The Delaware and Hudson company put
him to work as a miner in one of Its coll
lieries, the Dickens mine. in Green Ridge,
without certificate. After a few weeks
one of its clerks. man named Henry Par
ker, employed In the coal department OF
the company. swore out warrant for Sha-
leen. and in due time he came before Judge
Kelly in the county court for trial, He adj
rnitted he was working without 4 certificate,
bur plead that he needed none thar the law
is unconstitutional on the ground that Il