The Birmingham age-herald., 1920-09-21
POLICE POWER

The eonstitutionality of the proposed
 legislation is sought to be sustained
 on the claim that it is a proper exercise
 of the police power of the state. But
 as declared by Black in his rnonumen- tai work on constitutional law the
 police power of a state to regulate
 business does not include the power to
 engage in carrying on that business"
 Stripped then of all subterfuge the
 commissions bill means that the state lis effect will engage in carrying on
 the business of mining and selling
 coal, by autocratical taking over the
 complete control and management of
 all privately owned coal mines in Ala
 bama. The commission. that it creates.
 fixes the wages of all labor engaged
 in the business, but any laborer that
 induces another to qNit his employ
 ment can be punished by fine not ex-
 ceeding s1,000 and by hard labor for
 the county not exceeding one year. The
 commission has plenary< power to de-
 termine the price for which the mine
 owners product may be sold and to
 whom and where it caA be sold. All
 the rules and regulations it adopts
 have the force and authority of law.
 Over the heads of both employer and
 employee is constantly suspended the
 sword of punishment. Under this law
 lne 6FnplOS ee, II ulSSdtlSlleu CdH qull,
 but he dare not persuade any other
 employee to quit without becoming
 criminal. The owner of the coal mine
 acquired by his foresight, industry and
 sacrifice becomes mere tenant of the
 state. but without the power of au-
 thority with which the ordinary tenant
 possesses. The employee is converted
 into a hirelng who must accept such
 wage as is offered. or seek other fields
 of employment. If this socialistc'
 remedy for our industrial ills is to be
 adopted as to coal on the spacious
 pretext that it is private property af-
 fected by a public use, then it can not
 be denied that street railroads, tele-
 graphs, telephones, ice factories wa
 ter companies, cotton mills, corn and
 flour mills, cotton gins lumber mills and innumerable other industries are
 all affected with a public use. Why
 then, it may be asked should not the state appoint a commissioner to take over and operate all these other in- dustries as has been done in soviet Russia?
 The proposed Legislation is practical ly an adoption of an act creating a court of industrial relations chapter
 20. laws of Kansas, 1920. Under that act. all the employments in Kansas, held to be affected with the public use, are thereby subjected to state super vision and are specified as follows: 1. The manufacture and preparation of food products. whereby substances are being converted into a condition to ! be used as food.
 ?. The manufacture of clothing and the matter of wearing apparel.
 8. The mining or production of aay substance or material in common use as fuel
 4. The Jurisdiction of all food pro l duets, articles entering into wearing apparel or fuel from the place where it is produced to the place of manufac- l tur or consumption.
 3. And all public utilities and any firm. person or corporation within the l capacity of owner, officer or worker, is subject to the provision of the act. Why. then did not our coal commis sion, limit it's proposed legislation to coal? Why did they not extend it. so as to embrace all the subjects specified | in the Kansas law? Why did they not at once, as Kansas. adopt state so- eialsm as the established policy of this state. IL must be remembered that over a quarter of a century ago, popul- ism found in Kansas a congenial home and 1t has always been the breeding place of visionary theories. quack remedies and experiments for every governmental and industrial i'll. Al shown by the report of the commission the real basis for the proposed legis- lation, is pfoflteering, "the wid, stretch between the mouth of the mine and the cellar of the consumer" but the commission certainly can not claim that profiteering Is confined to coal alone. There is profiteering in food in clothing in gas ssand electricity, in wa ter and in ice in lumber and wood and in all other industries affected with public use. If state control solves the problem of profiteering in coal. it