The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1917-08-09
HAS THE POWER
III TO SEIZE COAL
ILLINOIS DEFENSE coNucIL RE-
PORTS TO GOVERNOR. =
ACT WOULD GUARD 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 ILL
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 10,
at IL a. M, 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 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 Il. Shanahan, the
speaker of the Illinois house, and Lieu
tenant Governor John G. Oglesby.
The full membership of the council
was In attendance, with the exception
of DR.. Frank Billings, who Is in Rus
STA, and Mrs. Joseph L. Bowen. The
vote on adopting the recommendations
was unanimous.
Text of Recommendation.
Seizure of the coal mines was made
the chief recommendation of the coun-
Gil. its report deyoting all but the last
paragraph to it. The section of the
report which contained the specific
Recommendation follows:
Il. Seizure by the state and opera
tion by 1t during the period of war Of
the coal mines In this state. Illinois
is one Of the leading coal-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 full measures. Salus pOpuli SUI
prema lex is 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
its 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-
yate interests. The seizure of the coal
mines can be effected without the in
stitution 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. 2, Sec. 49, 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: q.
"Call an immediate meeting of repre-
sentatives 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 d.
rected its chairman to forward the rec
ommendation to Governor Lowden and
to send copies of it to President Wilson
and various other officials at Washing.
ton, to Illinois two United States sen.
ators and to the governors and councils
of defense of the states invited to the
conference.
The law committee finds that no pre-
liminary 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 fOunt
that prices at the mines were exces
siye, and that dealers here were max
ing excessive profits In addition. First
1t appealed to the mine owners and thu
dealers to cooperate in reducing rates
Both owners aud dealers fatty refused
denying the councils right to interfer
in the matter.
Governor Lowden next took han,
in the matter. He promised drasti
action unless prices were reduced. III
first thought of calling a special ses
sion of the legislature, but is said nov
to have decided that he has ample al
thority to act without further legisla
fion.
The action of the council sprea
panic through the ranks Of the dealer
and mine operators. 81