The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1917-08-09
STATE HAS POWER
TO SEIZE COAL
Illinois Defense Council Reports
to Governor.
ACT TO GUARD THE PUBLIC
Decision Says Lowden Has Authority
to Take Over Properties and Fix
Prices-Other States Invited
to Conference.

Chicago, Aug. S.-The state council
of national defense recommended to
Governor Lowden that the state of Hi
nois seize the coal mines in the com
monwealth and operate them during
the war.
1t further called the councils Of de-
Tense of the states of Indiana, Michi-
gan, Wisconsin, Minnesota, Iowa,
Ohio, Kentucky, Nebraska, Missouri,
Kansas, West Virginia, Pennsylvania,
North Dakota, South Dakota and Ten
nessee to meet In Chicago August 16,
at 4 a. H., to consider the feasibility
Of joint action by all coal-producing
states to reduce the price of coal,
Governor Has Power to Act.
This drastic action was taken fol
lowing a report to the council from its
committee on law and legislation that
the constitution conferred on the gov
ernor The power to seize and operate
coal mines without calling a special
session Of the legislature.
The opinion was written by Levy
Mayer, and the other members of the
committee are David +. Shanahan, the
speaker of the Illinois house, and Lieu
tenant Governor John G. Oglesby.
The fun membership of the council
was in attendance with the exception
of DR.. Frank Billings, who is in Rus
STA, and Mrs. Joseph r. Bowen. The
vote on adopting the recommendation
was unanimous.
Text of Recommendation.
Seizure Of the coal mines was made
the chief recommendation of the coun-
ell, its report devoting all but the last
paragraph to il. The section of the
report which contained the specific
recommendation follows;
81. Seizure by the state and opera
ton by 1t during the period of war of
the coal mines in this stare. Illinois
Is one of the leading al-producing
states in the United States. The an
nual output Of this state is about TO-
100000 tons. The powers of the state
TO meet present conditions exists In
their fun measures. Salus populi SUI
prema lex IS a principle as old as gov
eminent itself. There is an implied
agreement on the part of every mem
Der of society that his own individual
welfare and property shall, in cases of
necessity, yield to that of the state.
Houses May Be Wrecked.
Houses may be pulled down and
bulwarks raised on private property
for the preservation of the state and
IT'S people. Property may be destroyed
TO prevent the spread of fire or pesti-
lential diseases. The safety of the
state and of its people overtowers pri-
waite interests. The seizure of the coal
mines can be effected without the in
Stitutlon of judicial proceedings, and
thus court delays be avoided. The
right of the state in cases of this kind
has for its foundation the security OF
sovereignty itself. And the doctrine of
eminent domain and the police power
support the right. The constitution of
Illinois Cart. >, Sec l3) furnishes
warrant for the plan of seizure Of the
mine this article provides that"
Call on Other States.
The paragraph containing the recon-
mendation to call representatives of
various state defense councils into con
ference reads;
call an immediate meeting of repre-
Sentutives of state councils of defense
of the neighboring coal-producing
states so that an adequate and uniform
measure of relief can be at once con-
temporaneously adopted and enforced
in all these states"
The council of defense further di-
rected It's chairman to forward the rec
Ommendation TO Governor Lowden and
10 send copies of 1t to President Wilson
and various other officials ut Washing.
ton, to Illinois two United States sen.
ators and TO the governors and councils
of defense of the states Invited to rhe
conference.
The law committee finds that no Dre-
llminary court proceeding is necessary
to take this drastic step. The authority
to move is now on the doorstep Of the
executive Office in Springfield.
The state council Of defense found
that prices at the mines were excess
slyc, ana that dealers here were max
ing excessive profits in addition. First
II appealed TO the mine owners and the
dealers 20 cooperate IN reducing rates.
Both owners and dealers fatty refused
denying the councils right to interfere
in the matter.
Governor Lowden next took hand
in the matter He promised drastic
action unless prices were reduced. He
first thought of calling a special SEES.
sion Of the legislature, but IS snid now
TO have decided that he has ample nu.
thority to act without further legisla.
ton.
The action of the council spread
panic through the ranks OF the dealers
and mine operators, who for the first
time, seemed to realize that the state
meant business.
Capt. Basil Hood Found Dead.