William R. Day

“ There is nothing in the law to prevent the employer from screening his coal as he sees fit for other purposes, and so as to fit it for the market, in such wise as he may deem advisable. The inhibition on screening is only upon that operation when it is done for the purpose of calculating the amount to be paid to the miner for mining the coal. ”

“ That the law is within the authority of the Ohio legislature, acting under the Constitution of Ohio, there can be no question, in view of the authority conferred by that instrument in § 36, which provides that 'laws may be passed . . . to provide for the regulation of methods of mining, weighing, measuring, and marketing, coal, oil, gas, and other minerals.'
As to the alleged impracticability of the law, because of the impossibility of the Industrial Commission determining the quantity of dirt and other impurities in any coal mined, we can find no force in that objection. ”

“ It appears that the employers generally desired to preserve the screened-coal basis of payment, and objected to the run-of-mine system, in which the miner is paid for mining coal as it is when mined without screening. ”