Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-08-17

plaintiff is real estate, and so continues un-
1t is severed from the freehold, and then
it becomeS persoal property; that the act
does not give the commission authority
to compel other owners of coal, lands ia
the state, and owners of coal in place, as
real estate, to sever their coal from the
freehold and convert it into personal
property for sale in sufficient quantity
to supply domestic demands.
1t is claimed by the plaintiff that this
section grants immunity from the law to
owners of property containing coal, which
has not been shafted, and that it makes
the owner of mines comply fully with
the law.
Paragraph 80 deals with contracts en-.
tered into between coal operators and
wholesale and retail dealers, setting
forth that it violates sections OF the
federal and state constitutions providing
"that no law impairing the Obligation
of contracts shall be passed.
Section . of the act IL charged to be
unconstitutional by paragraph SO of the
complaint because 1t would affect in
terstate commerce by giving the com.
mission power to prohibit the sale OF
coal outside of Indiana before domestic
demands were supplied.
Paragraph "a holds Section 0 Invalid in
that it restricts the quantity and price
at which coal may be sold in Indiana
and that such restriction is not imposed
on coal operators outside OF the state.
PARAGRAPH 35
ATTACKS SEC. 10,
Paragraph So Of the petition says that
Section 10 is invalid because 1t would
give the power to the commission TO re-
enforcing its orders, thus depriying the
plaintiff of liberty and property, with
out due process of law and without equal
protection OF the law.
Paragraph SO declared section 10 Of
the act Is invalid because it imposes
a tax on the coal mined for the purpose
of investigating the high cost Of food,
as set forth in paragraph 25, which
leaves the food dealers immune from
such tax.
Paragraph 81 declares no tax is levied
on every cord of wood or on every bushel
of grain produced in the state, but says
the tax would be levied On every ton
Of coal mined. thereby denying the coal
operators equal protection Of the law.
II IS declared in Paragraph 3S that a
tax Of / cent on each ton OF coal mined
is unjust because the value OF coal mined
varies.
Paragraph 80 charges that Section IL
of the law is further invalid, dealing
with the injustice OF the i cent tax on
each ton of coal mined.
QUESTIONS POWER
FOR TAXATION.
Paragraph 40. also dealing with section
-, declares the legislature has no power
10 levy a tax on corporations outside Of
the state, and that by the levying Of 8
tax on all coal sold in Indiana they
would be 20 doing.
Technicalities are discussed In para.
graphs Al and AZ Of the complaint.
Paragraph 50 chsrges the coal and food
ommisgion would have no power as pro-
vided in section 20 to grant prioritles
for delivery OF coal.
From paragraph 40 the complaint
jumps TO paragraph IS. emitting para.
graph "a.
Paragraph IS deals with the impairing
Of exiSiHs contracts.
Paragraph forty-slx the last para
graph. charges thst because the plaintg
has no adequate remedy at law for re.
fusal to comply With the reputed Illegal
provisions Of he act, the plaintiff will
be subjected TO arrest. which will inter.
fere with IT'S, business and necessarily
iraict great damage.
Ii Is declared further that the act
makes no provision for suit by the plain.
til 10 recover the amount Of license fees
and direct taxes # the plaintiff pays
same under compulsion Of the law.
The complaint was signed by John A.
Zeller, assistant secretary OF the Ameri-
can Coal Mining Company.
Judge Francis r. Baker OF Chicago Of
the United States circuit court, probably
will come to indianapolis TO hear the
plea for the temporary restraining order,
according to a statement of Fred Van
Nuys, United States district attorney.
Judge A. p. Anderson is on a vacation
and will not return until Sept. Is.
The coal commission bin was one Of
the hardest contested measures which
came before the recent special session Of
the legislature.
= The idea originated when It was sug-
gested By Gov. Goodrich and administra
ton leaders that the state buy coal
mine and cars for the purpose Of sup
plying coal to state institutions.
This plan met with considerable oppo-
sition and was dropped.
It was then decided that a commission
should be appointed TO control the pro-
AANhAun anu VA @Vdls
POWER DECISION
rs MADE.
1t was decided finally to place this
power in the hands Of the board of ac.
counts
The bill as passed gave to the accounts
board what was said to be more power
than ever before vested in a state board.
The bill gives the board of accounts the
power to fix the price OF coal in the state
and to regulate its distribution.
In order to make this possible the act
provided that every coal dealing con-
cern-miners, Jobbers and retailers
should be required to take out a state
license.
1t provided heavy penalties for CON
Germs falling to take out such license,
for operating without a license and for
disobeying orders Of the board.
Generally It was expected that legal
action would be taken to test the con-
stitutionality of the act and even per-
sons who were pushing its passage ex-
pressed doubt as TO whether 1t would
stand the test of the courts.
The act automatically becomes inoper-
alive July 81, 1921.