214 F. 273 | N.D. Ohio | 1914
The plaintiff, a West Virginia corporation, a large producer of coal and employer of mine laborers, of whom there are more than 45,000 in Ohio, assails the constitutionality of the Ohio law of February 5, 1914 (104 Ohio Daws, p. 181), entitled “An act to regulate the weighing of coal at the mines,” and asks for an interlocutory injunction against the defendants, who constitute the Industrial Commission of Ohio, to prevent them from enforcing and attempting to enforce any of the provisions of such act. The act, in so far as it need be considered, is set forth in the margin.
The Ohio Coal Commission, appointed by virtue of a joint resolution of the General Assembly (103 Ohio L. p. 981) “to investigate and report an equitable method of weighing coal at the mines, when the employes are to be paid for their labor on the basis of weight, measure, or quantity, and that will at the same time be to the best interest of the consumers and protect the coal measures of the state,” submitted a report in December, 1913, in which, following a review of the evidence and arguments of both operators and miners, it recommended for passage a bill which finally assumed the form of the present act. The information thus brought to the attention of the General Assembly, and to which counsel in the present hearing freely alluded, in so far
All mine employes are required to belong to the United Mine Workers — the strongest labor organizatioñ in the country. They have had no difficulty in the past in securing fair wages. The system of paying miners long in vogue in nearly all Ohio mines originated when only lump coal was marketable, and is based on the amount of coal mined. and passed over a 1%-inch screen, which amount is assumed to be 28 per cent. The insistence of the miners that they are paid for but a-part of the product of their labor began when the finer grades of coal became salable. Their persistent grievance, although it will not bear-analysis, engendered disputes and bitter feeling between them and their employers. A statute (section 956, Page & A. General Code of Ohio), whose purpose is the avoidance of danger’, especially in gaseous mines, wisely requires the removal of fine coal and coal dust from the mines, for the violation of which (section 976, Page & A. G. C.) the offender may be punished by fine or imprisonment, or both; but the miners, believing their grievance to be just, have not always removed such coal and dust, and thereby neither obviate such danger nor conserve the coal supply. Generally stated, from 20 per cent, to 50 per cent, of the coal under the heretofore prevailing systems of mining has been left in pillars, ribs, and stumps. The coal so left deteriorates frpm exposure, becomes somewhat crushed by the overlying strata, and yields a more-than ordinary percentage of fine coal, in consequence of which the miners either wholly refuse to draw such supports, or decline to do so unless paid a sum additional to the regular contract price. In many instances, on account of such unwillingness, those portions of mines-which yield an unusual amount of fine coal have been abandoned, and-the fuel so indispensable to industrial progress' is lost. On account of dissimilarities in the character of coal, the quantity of fine coal produced varies in different mines and even in different portions of the same mine; the variations in some instances being quite marked. The-result is a variation in the wages of miners of equal skill and ability, and an advantage to operators obtaining an excess of fine coal as-against the miners, and also as against other operators in districts in-which an effort is made to secure as large a percentage of lump coal as is possible. The increased openings between screen bars, resulting, from the wear incident to use, diminish the quantity of lump coal-passing over such bars, to the loss of the miner. The failure to substitute new screens is .due in part to the negligence of the check weigh-man, authorized by statute (section 970, Page & A. G. C.) and selected, and paid by the miners to call attention to the defective character of the screens, and in .part to the carelessness of the operators in failing-to maintain screens conforming to their contract. 'Each, however, charges the other with the responsibility of such failure, and instances-have occurred in which the miners have struck and closed down mines-on account of disputes and delays regarding the furnishing of new screens. Neither the charge that the operators so dump mine cars as to break the coal (by an excessive drop from such cars to the-screens, for instance), nor the countercharge that the miners will not
The plaintiff charges that the act, in lodging in the industrial commission the duty of determining the percentage of impurities unavoidable in the proper mining or loading of coal, and of fixing, in case of disagreement between the mine operator and his employés and until they subsequently agree, the percentage of fine coal allowable in the output of the mine, unreasonably, unnecessarily, and arbitrarily deprives the operator, whose business, it is alleged, is strictly private and unaffected by any public interest, from contracting with his em-ployés for the production of coal containing more impurities or having a greater degree of purity than that which the Commission has fixed, and denies him the right to reject, and requires him to accept and to make payment for the total contents of each mine car, without deduction or diminution, so long as the percentage of impurities fixed by the Commission is not exceeded. It avers that the act is not designed to protect the morals, health, or safety of the public or of mine employés, and has no real or substantial relation as between the purposes attributed to it and the means devised for attaining. such purposes, but has for its object the regulation of the re-, lations between masters and such of their servants as are paid by weight for coal mined or loaded, and that it is therefore unconstitutional, in that it deprives the plaintiff of liberty and property without due process of law, and of the'equal protection of the law as guaranteed by the fourteenth amendment and the Ohio Bill of Rights.
“See. 34. Laws may be passed flxing and regulating flours of labor, establishing a minimum wage, and providing for the comfort, health, safety and general welfare of all employés; and no other provision of the Constitution ■shall impair or limit this power.”
“See. 36. Laws may be passed * * * to provide for the regulation of methods of mining, weighing, measuring and marketing coal, oil, gas and other minerals.”
“Section 1. Every miner and every loader of coal in any mine In this state who under the terms of his employment is to be paid for mining or loading such coal on the basis of the ton or other weight shall be paid for such mining or loading according to the total weight of all such coal contained within the car (hereinafter referred to as mine car) in which the same shall have been removed out of the mine; provided, the contents of such car when so removed shall contain no greater percentage of slate, sulphur, rock, dirt, or other impurity than that ascertained and determined by the Industrial Commission of Ohio as hereinafter enacted.
“Sec. 2. Said Industrial Commission shall ascertain and determine the percentage of slate, sulphur, rock, dirt, or other impurity unavoidable in the proper mining or loading of the contents of mine cars of coal in the several operating mines within this state.
“Sec. 3. It shall be the duty of such miner or loader of coal and his employer to agree upon and fix, for stipulated periods, the percentage of fine coal commonly known as nut, pea, dust and slack allowable in the output of the mine wherein such miner or loader is employed. At any time when there shall not be in effect such agreed and fixed percentage of fine coal allowable
“Sec. 4. * * *
“Sec. 5. Said Industrial Commission shall have full ppwer from time to time, to change, upon investigation, any percentage by it ascertained and determined, or fixed, as provided in the preceding sections hereof.
“Sec. 6. It shall be unlawful for the employer of a miner or loader of the contents of any car of coal to pass any part of such contents over a screen or other device, for the purpose of ascertaining or calculating the amount to be paid such miner or loader for mining or' loading such contents, whereby the total weight of such contents shall be reduced or diminished. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction, shall be fined for each separate offense not less than three hundred dollars nor more than six hundred dollars.
“Sec. 7. A miner or loader of the contents of a mine car, containing a greater percentage of slate, sulphur, rock, dirt or other impurity, than that ascertained and determined by said Industrial Commission, as hereinabove provided, shall be guilty of a misdemeanor and upon conviction shall be punished as follows: For the first offense within a period of three days he shall be fined fifty cents; for a second offense within such period of three days he shall be fined one dollar; and for the third offense within such period of three days he shall be fined not less than two dollars nor more than four dpllars. Provided, that nothing contained in this section shall affect the right of a miner or loader and his employer to agree upon deductions by the system known as docking, on account of such slate, sulphur, rock, dirt or other Impurity.”