The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1919-05-01
COURT UPHOLDS
EICHT-HOUR Law
FEDERAL JUDGE AMIDON RE.
FUSES INJUNCTION TO OUT
SIDE COAL COMPANY

Mining Company for temporary 11r-
junction to restrain enforcement of
the North Dakota law fixing an eight
hour day for coal miners Of the state.
The company planned an elaborate
scheme to sidestep the provisions Of
the law, just before it went into effect.
1t formed partnership of AZ en-
ployes, who "leased" the mine from
the company for a term Of two years,
contracting to supply coal to the cor
poration at the rate of 100 tons
day at $3.50 mine car. The "part-
ners" in the mine were given weekly,
daily or monthly payments, or in the
case. Of actual miners, were paid in
proportion to the coal mined. The
partnership" agreement also speci-
fled that none but partners" were to
be employed in the mine.
In order to take the matter out of
the hands of the state court and place
it before federal Judge, who would
have no connection with the Nonpar-
tisan league and who could hope for
nothing politically from the League
by reason of his life appointment to
the office, the company inserted a
charge that the enforcement violated
their constitutional rights.
Judge Exposes Trick
The partnership agreement of the
company and the men, it was declared
by Judge Amidon, was clearly an eff
fort to evade the law. It was made a
little more than week before the law
became effective, and was put into
effect at once. i
The Beulah Mining company, which
is Minnesota corporation, in at
tempting to stop enforcement Of the
law, when threatened by the state
mining inspector, said that it was inn
possible to operate except at a loss,
under the law. In order to enforce
the statue, the North Dakota mining
inspector threatened criminal prose-
cutions, and if necessary the closing
Of the mine, as provided by law.
In his decision, Judge Amidon said:
"A comparison between the dates of
the lease and the contract Of partner
ship with the date when the law took
effect, makes reasonably clear that the
plaintiffs business plan is a mere sub
terfuge to escape the provisions of
the state law. Courts of equity do
not exist to further such schemes. The
plaintiff is asking that the enforce
ment of state law by criminal prose-
cution shall be restrained by an in
junction. To declare law unconsti-
tutional is a high exercise of judicial
power, and to restrain ordinary Grim
inal prosecutions for the violation of
criminal law is an exercise Of even
more unusual powers. A plaintiff who
seeks such relief must present case
fthe most substantial merits and
support the same by convincing proof.
The bill exhibits no such case.
Reports from Paris indicate that
an eight-hour day is to be made the
law of the civilized world. The owner
Of a coal mine who says that it can
not be carried on except at loss, on
the basis of an eight-hour day, is
probably mistaken. If he is not, there
is something the matter with the man
agement of his business. He should
look to that instead Of resorting to the
courts. Such laws can not be evaded
by mere cleverness Of business forms,
such as the plaintiff has here devised.
The application for temporary
injunction will, therefore, be denied. "