The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1920-12-01
VICTORY
SURPRISES
COAL MEN
Dire Emergency Passed, Coal
Comes in StsIe More
Freely
yrNfEs BUREAU AZ srArE cApTrALl

gTFfES BUREAU AT STATE cAPTALl
= TTsDIANAPOLIS, Ind, Dec. 1.-The
AppArent victory OF the coal barons in
fotaining a temporary injunction
y hich ties the hands Of the Indiana
soaI and food commission does not
mark the end OF the battle Of the peo-
eie TO determine whether or not they
Aava the power. through the General
Assembly, to provide means to supply
heal from Hoosier mines TO Hoosier
consumers without submitting to ex
1ortionate prices.
The complete victory OF the coal op-
krators in Federal Court came as
surprise TO them Less than three
months ago the same court handed
down a masterful decision in which 1t
beld that the state has the power, and
that it is the duty Of the state, to ex
,ercise its police powers to protect its
citizenship 10 the extent of taking over
q private industry.
This view was not altered in the
Secent decision. The court continued
to proceed on the theory that the Law
was constitutional, but it nevertheless
undermined the law by declaring that
its operation and administration con-
sJituted Illegal practice. OF course
the court may reverse It's decision
when the case is more fully laid before
s. when the question Of the permanent
injunction is argued. After that,
which ever side wins, the case viii go
70 the supreme court of the United
States. The case Of the American Min
ing Company which was decided IN
favor Of the state in September. is now
before the Supreme Court, having been
appealed by the operator
There is one consoling feature. it is
pointed cut. The dire emergency,
such as was evident in July. and TOR
some time prior to and after that
time. has passed. Coal is being ship
ped more freely into the state Many
industries have closed. Shipments OF
eastern coal TO lake ports has ceased
because this navigation has closed. As
a result the prediction that there
would be plenty of coal by the first of
the year. is already realized.
Therefore the time Of extortion has
passed. The law or supply and de-
mand is again operative Extortion
can not be conducted SUCCESSFULLY in
the present market.
During the period Of emergency the
Indiana coal law served It's purpose
Under the orders OF the commission II
Is estimated. the consumers Of Indiana
orere saved far in excess or $1,000, 900.
During the effective operation Of the
commission when the shortage of coal
was so evident in september and Oc-
tcber. 21S4 cars Of coal we're allocated
from the mines to sections where the
need Of fuel was urgent. in these cars
there was about 1os.70o tons Of coal.
Il Is not denied that on all this coal
there was saving of at least So a ton
-, NV 70 Of = y q
missions price fixing power. Thus the
saving on alIocated coal alone was
$329.1oo.
In ruling on the temporary injunc-
tionplea the court hinted that the
state went about the matter in an i'm
proper manner 1t was hinted by the
court that the state should have made
provision 10 condemn coal land by its
powers Of eminent domain and to sell
the fuel thus obtained TO the people.
There is no question that the state
has the power to seize the coal lan1
when the public interest is involved.
Should the case be finally decided
against the state the legislature. In
ease of another serious fuel shortage,
may resort 70 this remedy.
Even though the fuel crisis has pass
ed it is necessary from a legal point
Of view 70 fight out the questions in
volved IN the Indiana coal and food
commission law II the Supreme Court
holds that all coal when mined is a
commodity and as such may be regard
ed as an article Of interstate com
nerce. and therefore not subject 70
state control, rhen such a law as pass
I'd by the special session in July, can
not be attempted again. However,
there may be some points sustained by
the highest tribunal. It VIII be Of
great benefit 70 know these points.
Should the law b. upheld there =
nothing TO warrant the assumption. u
is said. that the state would keep the
statute in force. Governmental regu-
lstion is never desirable If it can De
avoided But il the coal operators
knew that the state had the power 10
step in they would De more eonsiderate
in times Of stress.