Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1895-01-17


marked that a mlsapprdhension seems to
exist sH TO the trus design OF tue ONCE OF
commissioner OF labor Statistics. IL was not
Intended that tho commissioner should DO
tho official representative OF any particular
labor organization, nor that any labor organi-
cation should control IL or dictate the APP
polnnnent OF ~ chief ~ ~ bureau OF labor
| statistics, not OF the statistics OF organized
labor alone. These explanations may not be
polite but they ARE true.
MINERS AND MINING.
Tho act Of the last legislature concerning
the screening Of coal and the payment OF wages
10 miners has been declared unconstitutional
| by district court and Ia, consequently,
ignored. The ground upon which II was de.
| Clared invalid was that II was "class legsla-
| ton" Though the same objection applies
| with equal force 70 our mechanic lien laws,
and many other statutes, aud certainly ap
| plies TO our laws meant TO secure the lives OF
miners from premature ex losions and bad
| ventilation.
| portant TO tho miners OF the state, and deslr
Ing 10 protect the interests OF every class, the
executive retained Mr. Helm, Of Wichita, 10
assist the county attorney, and paid for his
| services from the contingent fund. The case
| has been appealed, md the Legislature should
mako provisions for having tile validity OF the
law settled by tho supreme court at public eX'
| pDnse.
| the pententlary mine, and claim that IL helps
| 10 reduce the wages OF free labor; and also OF
the more serious competition OF railroad
mlnes
The act OF the last legislature concerning
the screening OF coal was not by It's terms, 70
take effect till September 1, 1893 but the gem
erous operators could not endure the delay
and decided to put II Into operation OF the
very beginning OF summer They rendered TO
the miners, months In advance, new scale Of
wages 10 take away the benefits the new law
was designed TO confer In short, they en-;
tered into conspiracy to overthrow and
nullify q law OF the state. In dispositions now
! ON Ale In the United States circuit court at
| Fort Scott, operators admitted, under OATH
that the deliberate object OF the conspirators
| In rendering the new scale OF wages when they
did was to provoke the Minors to strike Hav-
Ing accomplished this purpose, the operators
OF Cherokee and Crawford counties proceeded
| TO erect private forts, garrisoned win con-
scienceless mobs armed with Wlnchestor
rifles. intended to commit murder In resisting
mere trespasses upon lands an oHense Ahlch,
under the statutes, constitutes manslaughter.
| Men assembled for such an unlawful purpose
to the number OF three or moro constitute an
unlawful assembly-a rlotous body and when
armed as those were, constitute dangerous
mob, and menace the peace OF tho community.
As was to have been expected, these lawloss
desperadoss were not long In nndlng q COY.
eted occasion for using the weapons which
had been put into their hands, and an exclt-
ing ARRAY occurred. The executive sought to
obtain accurate information as to the sitna
tlOn oil nUalfB, ana QGLeEIulHBu w Ioluob lulh-
tary aid to corporations engaged in an armed
| revolt against the law OF the state, and deter
mined, also, that the only forts on Kansas SOIL
should be those erected by the constituted au-
thoritles OF the state or OF the general govern
ment He also entertained the opinion that
systematic and premedltated murder was not
the proper method OF testing either the yalld,
ity or the proprlety OF legislative act, ana
that priyateWRr carried on by armed bodies In
time OF peace In the proximity OF communl'
Ties OF peaceful citizens should not be toler-
ated as q mode OF settling controversies be-
tween workingmen and their employers
Entertaining these notions, the executive
ordered the national guard to hold Itself In
readiness; the intention being, not to aid the
conspiring coal companies to crush their OPP
pressed employees, but to prevent armed con
dict. Had the national guard gone 10 tne
scene OF all, the first order would have been 70
dismantle the private forts, and the next 10
ilsarm or disperse every band OF armed men
In the locality, thus restoring matters 70 law
tul condition But, fortunately, military IN
teryention became unnecessary. During the
strike, the sheriff OF Crawford county swore
In as deputies the men brought to him by the
operators, and they were armed WIN WIZ
chesters not for public service, but to simply
act as private guards for coal companies, The
law makes no provision for paying deputies
otherwise than by specific fees, and IL Is maze
o ground OF forfeiture OF his office for sheriff
law specifically allows, OF course, what q
sheriff does by his deputy Is done by him; and
these deputies were undoubtedly paid Tor
their unlawful work Il was alleged Inae
sworn in as deputies, Surely, deputy sheriff
should be citizen Of the county In whlch ne
acts. Some legislation to either prevent or
regulate the creation OF private armies OF
deputies Is sorely needed.
COURT OF APPEALS,
There Is demand for the reappointment Of
judicial districts aud the creation OF court
of appeals. In every proposal Tor making
court Of appeals made public 50 IN, mere Is
decisions depend upon the amount OF money
Involved or upon the disposition OF the court
TO have its decision reviewed. The present
executive himself endorsed this plan In his
lormer messages but further reflection has
convinced him 1t would be unjust; and ~ 10
certainly hoped that ifallty Of decision shall
not be let at the option OF judicial faYoTltlsm
Tor particular lawyers or particular litigants
Dr. classes Of litigants; nor depend upon the
amount in litigation.
The same tribunals and the same proceed
ire should be open to the poorest as to
bf cases. A real estate case which in
wolves the litiganEs all though OF but $500
In value, should have the same chance OF es-
Gaping judicial error or caprice, and reachiIg
Justice at last, as a case involving the real es-
late of a great syndicate valued A. millions.
Should court Of appeals be created, Its juris-
diction should be fiual as to cases OF the same
class, no matter how much Is involved nor
how willing the judges may be to have 1T sent
aigher. only in this way can equal justice be
done to rich and poor.
STATE PRINTING
The statute seems to require that majority
of all the members of each house must concur
In the election of o state printer The ques-
ton is one Of statutory and constitutional in
depreciation, and the question having been
raised by discussions In the press, the incum-
bent OF the Office declined to incur the risks
Of a possible decision against his title, the
business interests involved being too
great to make it prudent to take any
such risk. He, therefore, rendered his
resignation, which was accepted. AS either
The resignation or the previous state of things
created q vacancy, the executive appointed
The present incumbent to I'LL the vacancy, and
he qualified and is now acting under that ap-
pointment.
RAILROADS.
The report of the board of railroad commits
sioner5 for 1894 has not been received.
The board having no power under the stat
ute to enforce its decisions, and having no
right to even entertain any complaint, except
as to transportation beginning and ending
within the state; and the supreme court of the
United States having settled that the federal
courts may enioln the enforcement OF sched-
ule of rates even when fixed by the legislature,
1t 10 rather difficult to perceive OF what bene-
at the board of railroad commissioners can be
to the people.
TRAMPs.
Knowledge OF social conditions has greatly
Increased within a decade, and IL Is now NO
ionper debatable that a large number Of men
Rre out OF employment through no fault OF
their own. Yet our statutes in regard to va
grants, enacted in the days Of our almost uni
80 rsaI fc,noro ncn ofv what Ia now we'll known,