New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-08
Illinois Moves
To Seize All
Its Coal Mines
Drastic Action May Follow
Refusal Of Owners to
Lower Prices
Call Conference
Of 10 Governors
Concerted Steps to Protect
Consumer Will Be
Taken Aug. 10
Especial Correspondence

CHICAGO, Aug. THE State Coun-
Gil of National Defence to-day recon-
mended to Governor Lowden that the
State of Illinois seize the coal mines
in the Commonwealth and operate them
during the war
1t further called the Councils of De-
fence of fifteen others states-Indiana,
Michigan, 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 IL a. m, TO consider the feasibility
Of joint action by all coal producing
states to reduce the price Of coal.
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, as chairman, and signed by the
other members of the committee,
David E. Shannahan, Speaker of the
Illinois House, and Lieutenant Cover
nor John G. Oglesby.
Vote Was Unanimous
The full membership of the Council
was in attendance, with the exception
of DR.. Frank Billings, who is in Rus
sis, and Joseph T. Bowen. The vote
on adopting the recommendations was
unanimous.
After calling attention to the critical
coal situation in Illinois the opinion of
Mr.. Mayer says:
Though not heretofore invoked
there are available fundamental prin-
ciples of law that furnish means of
relief.
"Salus Populi suprema lex is prin-
ciple as old as government itself
There is an implied agreement on the
part of every member of society that
his own individual welfare and prop
erty shall, in case of necessity, yield to
that of the state. The seizure of the
coal mines can be effected without the
institution 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 powers
support the right.
THE necessities that confront a
state in the exercise of its sovereign
powers, whether for military purposes
or for the safety and protection of the
people, inherently require that the
state shall have the power to take
property for public use and to make
just compensation therefore there
after.
"If the state operates the coal mines
during the war a scale of prices for
the coal mined can be established by
the state, and changed from time to
time to meet various conditions. The
existing wage scale can, if conditions
require it, be increased by the state.
As to Price Fixing
"The coal can be sold at such prices
above the cost Of production as will
(after allowing all proper charges and
deductioDs) leave reasonable margin
of profit with which to pay such just
compensation as the court of claims
may grant the operators.
"The course here indicated, If pur-
sued, will, in our opinion, not violate
the Federal or state constitution nor
constitute an interference with inter
state commerce.
Second, call an immediate meeting
of representatives Of the state coun-
ellis 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.
Third, either separately, or in con-
junction with the state councils of the
neighboring coal producing states, take
immediate steps to bring about the
adoption Of Federal law which will
give full and sweeping Federal powers
of control over prices and distribution
70 an administrative body possessing
the machinery to render complete and
instant relief"
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
roaapg huaineRg