Union Collieries Company Appeal

Opinion by

Me. Justice Maxey,

This is an appeal from the judgment of the Highway Mining Commission rendered under the provisions of the Act of May 26,1937, P. L. 891, which created that Commission with judicial powers, to have exclusive jurisdic* tion over the mining of coal under the right of ways of State highways and for assessment and award of benefits and damages for coal required to be left in place to furnish support for highways, etc.

On May 4, 1937, the Governor approved plans of the Department of Highways for the improvement of State Highway Route No. 737, a portion of which is laid…