The citizen. (Honesdale, Pa.) 1908-1914, 1912-05-15
CASE IN POINT.

The Citizen has, on a former oc-
casion, expressed it's disapproval of
the proposed recall of judicial de-
cisions, and has given its reasons
therefor. 1t is therefore with the
more regret that we find the most
prominent plank in the platform re-
Gently adopted by the Republican
State Convention at Harrisburg one
strongly advocating the proposition
that decisions of the highest court
in the state on constitutional ques-
tions should be submitted for re-
versal to popular vote. Now, a case
in point has been suggested by the
Scranton Tribune-Republican, a
prominent Progressive newspaper
whose editor, Mr.. Towne, was nam
ed as a Roosevelt delegate-at-large
to the Republican National Conven-
ton. The Tribune-Republican says
that the recall of decisions theory,
put into operation, will provide an
appropriate and effective remedy for
the mine-cave evil which is so seri-
Gus a menace to property owners and
citizens in the coal mining regions.
Let us therefore take the case sug-
gested by a journal friendly to the
proposition and see how it would
work out. The mine caves are due
to the subsistence of the earth over
the upper veins worked out per-
haps half a century ago by compan-
les which are now out of existence.
In most cases the owners or lesees
operating the mines to-day own or
lease and operate only the lower
veins, having no right, title or inter-
est in the worked out veins above
them, and being in no way RESPONSE
BILE for the mine caves on the sur
face. Suppose now the legislature
should pass and the governor ap-
prove a law making the present
owners or lessees of the lower veins
responsible to the surface owners
for all damages that have occurred
to the surface at any time in the
past, and providing for collection OF
damages by summary process, and
seizure of the property of the COM
pany to be held until such time as
the damages had been paid and the
surface restored to and secured in
the original condition. Such an act
might be passed under the police
power of the state, as suggested In
the platform. The city of Scranton,
taking advantage of such legislation
might bring its appropriate action
against one or more of the coal
companies mining out the lower
veins within the municipal bound
aries. The courts would refuse tc
sustain the action on the ground thai
it was an ex post facto law, and thai
/ it deprived the owner of his proper
| ty without just compensation, and
was therefore on both grounds un
constitutional. The Supreme Court
on appeal, would undoubtedly affirm
/ the judgment of the court below
If the provision for the recall OF de
cisions were in operation, theI
would be the time to put it into eff
feet. The city of Scranton would
appeal from the decision of the Su
preme court on a question of con
stitutional law, TO the voters of the
state. There would be plenty OF
opportunity for smooth-tongued ora
tors ITO prejudice and inflame the
minds Of the people against the
greedy and grasping corporations
and the rich and powerful Goa
barons." Who can doubt what the
verdict of the populace would bt
in such a ballot? Who can doub
but that the decision of the higl
court would be reversed, and the
company compelled to pay damages
and restore property in a cas-