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

existing. by virtue OF the existing char
acter of the enterprise, to change the rate
or make other requirements that are In
consistent with that contract; and, on the
other hand, the contract Of business
enterprise that bad the standing OF
purely private enterprise until tue time
had arrived when, for the first, the Stale
lad declared that it was affected with
public interest. Taking the insurance
company rate case as an Illustration OF
that, we conceive that all policies at the
old gate remained in force and were OF an
absolutely binding nature after the pas
sage of the legislation which brought tho
private business Of insurance into the
public reguIabIe class. To hold other
wise. in our judgment, would be to give
the legislation, which should be pre-
sumed to be prospective, retronctice
effect.
MAY NOT ORDER
MINING OF COAL
In discussing the third reason for
granting the injunction, Judge Baker
held that It IS beyond any power Of
the State to order the owner of purely
private title TO sever coal from his soil.
In discussing the fourth reason Of the
court IN granting the Injunction, Judge
Baker said:
1.-THE fourth ground for granting the
Injunction IS that, assuming that there
might be some residue after the de
mands Of existing contracts and Of in
terstate commerce were satisfied. the
orders OF the commission direct the com
plainants to make shipments OF car loads
Of coal The showing by the complain
ants is that the Indiana coal contains
% atffr nh
can not be safely stored at the mine:
that II stored there or anywhere else It
would be likely to be destroyed by spon-
taneous combustion; that Il requires
quick and prompt hauling and quick and
prompt consumtion by thu users, and re-
quires that care be available at the mouth
OF the pit, into which the coal can
be placed.
Neither the act nor the plan Of oper-
alton Of the commission makes any pro
vision for the supplying OF complainants
or other operators with cars by which
they could comply with the mandatory
direction.
The further reason that Affects the
orders as to this superstition surplus
that might remain after Interstate com
merce and contract parties have been sat
isfed Is that the showing Of the com
ties OF transporting this coal are such
that Il Is impossible to get bills OF lad
ing. and to collect by the well known
method Of a bank collection. by mems
Of sight draft attached tn bin Of lnding,
and that without such security, or any
security. the eomplainnnts are required
10 ship to parties whom they declare to
be unknown to them and Of whose credit
they have no information and are given
no information.
"Of course, II the compliments are re-
puired to part with this coal and not 10
receive compensation therefor It would
be a case, In that respect, and TO that
extent. Of pure conhscation."
In giving the courts fifth reason for
granting Tue injunction, Judge Baker
held that we would agree with the State
that this ground for a temporary in
junction. or any injunction, would not
be tenable If we were enabled to read
Sec. IL of the act with the same under
standing that counsel for the State and
the coal commission put upon it, but. as
we read that section, we find no definite
assurance that penalties, or prosecutions