The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
EIGHT HOUR
DAY UPHELD
BY AMlD0N
In Beulah Mining Case Goes In
. to General Proposition
Of Operation

u OPVIOVlOU
Fargo. n. D., April 25.-The dccis-
ion OF Judge c. +. Amidon Of the Unit
ed States district court, by which he
upholds the recently enacted eight
hour law for coal miners in North Da-
kota, is considered by many as one
Of the most important labor decisions
that has ever been made so far rs
North Dakota is concerned.
The decision is made in the case OF
Beulah Coal Mining company against
John Hanwell, as state coal mine in
spector Of North Dakota, in the case
in which the plaintiff company sought
an injunction by which the state
would be prohibited from closing the
mine because the miners were en-
ployed ten hours a day.
The case was defended for the state
by Attorney General William LANCER.
and was presented last week in the
federal court here.
BY his decision Judge AmidOn
practically dissOlves the partnership
arrangement that has been entered
into by the Beulah company with it's
employees, and the state is, given full
power to proceed with the enforce
ment of the eight-hour law.
Shouldn't Look to Courts.
Judge Amidon takes the position
that the coal mine operator who in
sists that . he cannot operate his
mines under the eight-hour law ex-
cept at loss should look to the re.
nv MI nf
than to the courts, for relief. - /; )
The bill charges writes Judge
Amidon III his opinion, that the de-
his intention to institute criminal
prosecution for the purpose of en-
forcing the law, and II need be to
close plaintiffs mine because the
members OF the partnership are per-
mitted to work more than eight hours
day in the mine. Plaintiff alleges
THAT such acts by defendant will re.
suit in closing its mines, cause arir-
reparable injury, and violate rigats
secured to it by the fifth and TOUR
teenth amendments OF the federal con
| stitution, and asks for temporary
injunction to restrain the defendants
threatened action.
! THE gist of the bill is that the
state law is not intended to apply to
owners who work their own mine but
only to hired men, and that under the
lease the partnership is the owner Of
tie mine for the term OF two years.
1t is further contended that the leg
islature which attempts to limit he
hours which man may work about
| his own business would be clearly un-
| constitutional.
81" AcOmparisOn of the dates of the
lease, and the contract of partnership,
with the date when the law took ef-
feet, makes reasonably clear that the
plaintiffs business plan Is mere
subterfuge, to escape the provision
Of the state law. Courts OF equity do
not exist to further such schemes.
The plaintiff is asking that the en-
f0rcement of state law by criminal
prosecution shall be restrained by an
Injunction. TO declare law un-
constitutional is a high exercise Of
! judicial power and to restrain ordin-
ary criminal prosecutions for the vio-
lation of criminal law is an exercise
Of even more unusual powers. Il
plaintiff VINO seeks such relief must
present case of the most substantial
merits, and support the case by con-
vincing proof. The bill exhibits no
such facts.
Well Establshd Law.
II prefer, however, not to rest the
decision upon any ground OF prOce-
dure. For a quarter of century
statutes limiting the time of work in
coal mines to eight hours a day, has
been approved by the supreme court
Of the United States. Holden VS..
Hardy, 169 U. S. 366. Such statutes
are not part of the law of all states
in which coal mines are operated.
Reports from Paris indicate that an
eight.hour day is likely to be made
the law of the civilized world. The
owner of a coal mine who says that
! it cannot be carried on except at a
loss. on the basis of an eight-hour
day. is probably mistaken. If he is
not, there is something the matter
with the conduct of his business. He
should look to that instead Of to tie
courts Such laws cannot be evaded
by mere cleverness of business forms,
such as the plaintiff here has de-
vised.'
PLENTY OF WHEAT.