Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-11-29

their SUCCESSORS in Office, its engineers.
accountants, clerks, assistants, employees,
attorneys and agents, and each Of them,
be. and hereby are enjoined and re
strained from making and from taking
any proceedings of any kind. or nature.
TO enforce against the plaintiffs. or either
OF them any orders regulating and fixing
the price at which coal mined by plant
ifs, or either OF them moving in intra-
state commerce in the State OF Indiana,
shall be sold By them to JObbers, whole
sale and retail coal dealers, and to the
public, or either Of said classes, and
from instituting, procuring or aiding in
the institution, procurement and prose
-cution Of any civil or criminal. or other
proceedings against the plaintiffs, or
either OF them or their, or either Of their
officers, employees, agents and attorneys,
or revOking the license Of plaintiffs, or
either Of them to engage in the business
Of mining coal in the State Of Indiana,
or proceeding further with any hearing,
OF determination for the purpose OF re-
voking such licenses. for or on account
Of the failure OF refusal Of plaintiffs to
abide by, or observe any regulations or
orders Of said commission; or for, or
on account Of their asking, demanding or
receiving a higher price for their coal
than that fixed by said special coal and
food commission Of Indiana"
NEED NOT SELL TO
PARTIES DESIGNATED
Other clauses prohibit the commission
from compelling the plaintiff companies
to sell their coal to parties designated
by the commission; from requiring the
coal companies to produce and sell speci-
fed amounts of coal, from making and
enforcing any order or regulation inter
fering in any manner with existing con-
tracts between the companies and their
customers and from interfering with the
companies right to ship coal outside
the State if II sees fit to, from compelling
the coal companies to produce their books
and records for inspection by the COM
mission or it's agents for the purpose Of
determining what shall be the extent
Of any orders or regulations prohibited
by the injunction and from prosecuting
the companies under the special coal
and food control act.
INTERPRETERS WITH
INTERSTATE COMMERCE.
- Judge Baker, in rendering his sweep
ing decision concerning certain actions
CT the coal commission Of this state,
expressed himself In 4 decisive manner.
In discussing the first reason why the
three Judges hearing the case were Of
the opinion that the injunction should
be granted, Judge Baker said:
1.-THE operation of the statue, as III
dicated by the orders of the commits
sion. is a direct interference with inter
state commerce. When the coal Is
severed from the ground It becomes an
article OF commerce and the owner OF
that commodity, under the interstate
commerce clause Of the Federal COnsu-
tuition, which reco gnizes no State lines.
has the right, so far the State is
concerned, to sell and to contract to sell
his entire output to citizens Of other
States.
"The orders are also an interference
with interstate commerce by reason Of
the showing In the bill that the out
pus Of three Of the five mines that are
being operated by the complainants has
been contracted to the Pennsylvania
company, an interstate carrier, under
contract meeting the approval Of the
Interstate Commerce Commission, which
approval carries an implied finding of
fact that the coal so used is directly
consumed in, or In aid Of, interstate
Commerce"
In declaring that the action of the coal
&C mmission impairs the obligation Of pre-
existing contracts, Judge Baker said:
"Our conception on that point is this:
That there is a distinction to be made
between the contracts of a carrier or
other public utility which, at the time of
{making the contract, is Of that public
character. and by making the contracting
{when it bears that character it knowing
10 Il making it subject to the power then