Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1938-11-05
Mining Is Not Interstate
Commerce As Defined By
Constitution, Says Ropes

Mining is not interstate com
merce" and therefore does not come
under the federal wage and hour
law in the opinion of Leverett S.
Rones widely known Helena mining
engineer Referring to the article in
the Journal of Oct. %, regarding
the awaited ruling from the admin
istrator, Ropes writes. IN a letter
to the editor, as follows;
The Editor. Montana on * Mining
Journal.
Great Falls, Mont.
SIR
why should the gold miners OF
America groyel on their knees be-
fore the Washington administration,
asking "the administra to ex-
empt their mines from the provi-
sions of the wage hour law on the
grounds that their product does not
go into interstate commerce when,
after one abortive attempt-the y.
r A-to regulate the contracts
between employer and employee, the
trainers of the wage hour act con-
ceeded some effort to keep within
the constitution. however much
they stretched the meaning OF IN
TERSTATE COMMERCE?" The law
itself EXEMPTS gold and silver
mining.
What is Interstate commerce? -
Article I. Sec. VIII, of the Consti-
tuition of the United States states
1.-The Congress shall have power;
go to regulate commerce
with foreign nations, and among the
several states, and with the Indian
tribes"
Noah webster, born 1853, died
1S43, in 1874 advocated that forma-,
ton of a new constitution, a con-
stitution taking effect, ION the
Attn of March, 1889, the day which
had been fixed for commencing the
operations OF the government under
the new Constitution" was the au-
thor of "Webster's Dictionary"
webster defines commerce as,
81 Extended trade or traffic; 2.
Social or personal intercourse; IA
miIiarity. Traffic as ITO barter;
to trade. ". {. To exchange in traf-
fic N. Commerce; trade"
Obviously, the word. commerce, /
was used in the Constitution in the |
meaning defined by Webster a par
ticipant in the formulation OF con-
stitutfon for the United States of /
America. Interstate commerce" .
then, means extended trade trade, I
barter" between the residents of
different states; 1t means just that
when the and as written into the
Constitution OF the United States.
Apply constitutional commerce to
mining, producing and dispOsing of
gold and silYer-there Is no COM
merce. The administration has ma
tionalized" these metals. No longer
is II nossible for the producer, or
owner to trade" or ''barter" these
metals with others in another State
OF this country, or with a foreign
country. The producer under six
year old-antique - emergency
order. issued by the president, sends
his gold and silver to the United
States mint where, after deduction ,
of seignorage IA certain toll or
deduction on bullion brought to
mint to be comedy the difference !
is handed back to the purchaser. !
No commerce; not trade; no bar /
ter, no traffic.
WHY appeal to the "administra-
tor" to exempt their mines-the 8
mines Of the gold and silver miner?
What authority has he to amend
the wage hour act which expressly r
defines the law as predicted upon
Interstate commerce." Wherein
does the Congress-even If of the
rubber stamp variety possess the
authority to delegate to the admin
istrator" of the wage hour law the !
power to make rules and regula-
4ions" defining the meaning of the :
word, commerce, as used in the
Constitution of the United States?
Why, only, the miners of gold and
silver? Is the seller, in trade or
traffic-commerc an ore
purchasing smelter or refinery in
his own state, in which his ores
originate, copper, lead, zinc or 9TH
er ore in INTERSTATE COM
MERGE? No! Not under the OBJ
viously intended meaning of the
word commerce. as used in the Con-
stitution of the United States of
America BY no stretch of mag
ination can the administration, the
Congress, or the presidential APP
pointee-administr of the wage
hour act so interpret the meaning
of the term, Interstate Commerce
as used in the Constitution.
It is high time for a modern
Interpretation" Of the Boston Tea |
Party to suppress this revival, 10Y |
the New Tories" of the day when |
George the Third was King"
In May. 1884, American gold