Evening Republican, Volume 23, Number 216, Rensselaer, Jasper County, 7 September 1920 — COURT ADJUDGES COMMISSION ACT CONSTITUTIONAL [ARTICLE]

COURT ADJUDGES COMMISSION ACT CONSTITUTIONAL

Indianapolis, Sept. 6.—The power of the state of Indiana to regulate the coal industry within its boundaries was upheld in federal court here today when Judges . Francis E. Baker, Ferdinand A. Geiger and Evans A Evans denied the American Coal Mining company at Bicknell an injunction to prevent the operation of the special food* and fuel commission. . The commission was established by the special session of the legislature. In dismissing the coal company’s petition, it was held that the state- may regulate such an industry under its police powers. The opinion was tendered by Judge Baker, sitting as district judge after the other two~ judges had conArgument by the plaintiff that the coal industry is ar private business and one in which no third party has any interest, Judge Baker refuted, with reference to banking, a private business, of- which he said the power of regulation has never been questioned. He asserted that he was unable to distinguish" the underlying principles in the two cases. The petition of the coal company sought to prevent Governor Goodrich, Jesse E. Eschbach and Otto L Klauss, as members of the special fopd and fuel commission, from putting into operation the act authorizing the state to regulate the production, distribution and price of coal. The case was heard by three judges in compliance with the federal statute governing cases in which the constitutionality of a state act is attacked.