Henry Billings Brown

“ As it is clearly a matter of detail which could not be determined by the courts, it occurs to us that it could be intrusted to no one so safely as to the inspector of the district, who is appointed with great care, and who must be thirty years of age, a citizen of the state, and have a knowledge of mining engineering sufficient to conduct the development of coal mines, and a practical knowledge of the method of conducting the mining for coal in the presence of explosive gases, and of the ventilation of coal mines. ”

“ Each one must have a practical mining experience of ten years, not interested as owner, operator, stockholder, superintendent, or mining engineer of any coal mine during his term of office, and be of good moral character and temperate habits. ”

“ While it is undoubtedly true that legislative power cannot be delegated to the courts or to the executive, there are some exceptions to the rule under which it is held that Congress may leave to the President the power of determining the time when or exigency upon the happening of which a certain act shall take effect. ”

“ Each inspector provided for by the act receives for his services $1,800 per annum, to be paid quarterly out of the funds in the state treasury received for the inspection fees, and, in the event of such fees being inadequate to compensate such inspectors in the amount provided for herein, the deficiency of the salaries shall be paid out of the money in the state treasury not otherwise appropriated. ”

“ It is true that the act itself furnishes no basis for a classification as to the number of inspections and as to the price charged in each case, except that it provides that no inspection shall be required unless five operatives are employed at the same time, that at least four inspections shall be made each years, and that the fees shall be dependent upon the length of time consumed and the expense necessarily incurred in the inspection of such mine. ”

“ In the case under consideration there is no attempt arbitrarily to select one mine for inspection, but only to assume that mines which are worked upon so small a scale as to require only five operatives would not be likely to need the careful inspection provided for the larger mines, where the workings were carried on upon a larger scale or at a greater depth from the surface, and where a much larger force would be necessary for their successful operation. ”

“ It is quite evident that a mine which is operated by only five men could scarcely have passed the experimental stage, or that precautions necessary in the operation of coal mines of ordinary magnitude would be required in such cases. ”

“ It has also been the immemorable policy in this country and in England to vest in municipal organizations certain local powers in respect to which they are peculiarly interested, and of the necessities of which they are much better informed than a general legislature possibly could be. ”