Joseph McKenna, Lower Vein Coal Company v. Industrial Board of Indiana…
“ Indeed, there may be a comprehension of effects and practical influences that cannot be presented to a court and measured by it, and which it may be the duty of government to promote or resist, or deemed advisable to do so. Degrees of policies if they have bases are not for our consideration and the bases cannot be judged of by abstract speculations or the controversies of opinion. ”
Joseph McKenna, Lower Vein Coal Company v. Industrial Board of Indiana…
“ It may be that the Coal Company does not contend for so broad a principle but may assert protection by a comparison of its business with other businesses equally hazardous, or even more hazardous than coal mining, and that necessarily the exemption of the businesses so compared from the law taints it with illegal discrimination. To support and justify the comparison, statistics of accidents are given in the complaint, and in the number of accidental injuries coal mines are made to run fifth. Notwithstanding those other companies may go in or out of the law-coal-mining companies must stay. ”
Joseph McKenna, Lower Vein Coal Company v. Industrial Board of Indiana…
“ And the fact is to be borne in mind that there are 30,000 employes in the state engaged in coal mining.The Coal Company further contends that the law includes within its terms all the company's employes whether engaged in the hazardous part of its business or not so engaged. In other words, it asserts that the conditions of those who work underground may justify the law but do not justify its application to those who work above ground. ”
