Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-11-27

land, comparing it to wheat, steel and
others.
In discussing the power of the Legisla-
ture to pass laws governing the case
Mr.. Sutherland declared the assembly
may pass negative" laws which would
restrain persons or individuals from using
property or conducting service in such
manner as to cause damage to others.
but positive" laws which would order
property to be used in a certain way
could not constitutionally be enacted.
Mr.. Sutherland referred to Judge Ba-
ker's decision in the usury case, and
pointed out that money was a repre-
sentative of property and could net be
classed as property In Itself" He dis
tinguished between selling and loanlng.
IF the usury law is to he used as a
precedence for fixing the price OF coal,
then the Legislature has the right to
govern the price of wheat, steel. cloth
ing and other commodities" Mr.. Suther-
land said, as he quoted authorities as
saying that price fixing in mercantile
business is void.
"The Legislature is not warranted to
pass laws which govern the sale Of prop
erty unless the use, property or service
is clothed With public interest" eaid
the counsel
THAT the public is affected is true, but
the same fact arises In other businesses :
there is a distinction between public In
terest' and public welfare Public In
terest carries with Il something OF a
proprietary sense when a person de
votes his business TO the public he grants
a species Of proprietary interest IN the
business to the public In this business
"a 10 vnt hos- INT
public merely feels an interest
r.. H. - iiIGH
DECISION COURT.
Mr.. Sutherland referred to the United
States supreme Court decision in the
German Alliance Insurance Company
case.
An Insurance company. according 10
Mr.. sutherlands Interpretation Of the de
clsion. has a broad and definite public
interest
THE theory OF this case Is borne out
by the character Of the business" he
said while insurance companies, for
instance. acting as mere machinery or a
species Of trustee, handle the money
pay premiums and conduct other affairs
Of the business, the people are really the
owners OF such a concern.
The payment OF a policy is not an iso-
lated transaction. but Is linked with
others. 80 that the entire organization OF
policies IS interdependent.
The sale OF coal is entirely different
The sale OF 100 tons to a buyer IS IA
single transaction and terminates with
the transaction itself Each instance
stands alone
"If three persons take out Insurance
policies there is an inter relation, but
when coal company enters into con
tracts 20 supply coal to three buyers.
there are three transactions. each com
plete Tn Itself
Insurance forms a basis OF credit
on which an individual may borrow
money, but the same Is not true In the
instance Of coal. The tests which are laid
down by the Supreme Court and other
authorities are not applicable In this
case
Many laws govern the operating Of d
coal mine. but the reason For the laws
Is not confined to the element OK pun
lie interest. Labor laws are passed as
health measures coaIoweighink reguia
tions are 70 prevent fraud"
Mr.. Sutherlands argument wns CON
tinued TO the afternoon session. which
began at 30 o'clock
Immediately before she opening Of the
hearing James ". Noel, attorney Sor the
commission. fled motion 70 dismiss the
case.