The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
City Attorney Gives Opinion on
the Theater Strike.
Mayor Says Pickets Must Stay
Within Legal Bounds.
" PERNICIOUS INFLUENCES "
House Blames 1t for Labor
Troubles in City.
Strikers Are Subject to Arrest if
They Go Too Far.

Mayor Jay E. House gave out the
following statement along with an
opinion from the legal department OF
the city concerning the Crawford thea
ter strike this afternoon:
"A strike affecting the Crawford
theaters has resulted in some annoy
ance to the public and some con-
troversy between employers and en-
ployed Considered as single incl
dent, the strike of the Crawford en-
ployes is trivial and comparatively I'M
important to the citizens of Topeka
Considered as a link in a chain of m
cidents it becomes of exceeding i'm
portance.
Due to the activities of certain
pernicious influences Topeka has had
more labor trouble in the past year
than in the previous twenty. These
pernicious influences still are at work
and will continue to work There will
be other labor trouble. With this idea
in mind I have thought it worth while
to have Mr.. George p. Hayden, city
attorney, prepare an opinion indicating
the rights of the various parties to
these controversies. This opinion is
printed herewith for the information
of labor. employers, the general pub
lie and the police force. Mr.. Haydens
opinion follows:
Hayden's Opinion.
"Strikes, picketing and the like general
ly involve the rights of four different
classes: The Trades Union, the employe
who does not belong to the Trades-Union,
the employer and the public, each have
their rights.
1.-The trades union has the right to strike
and picket; they have the right to discuss
with the new employee the question whether
he should work for the company or cor
n IS but in presenting the matte matter
date the employe. The emplOye has the
right to come and go as he pleases without
fear Of molestation, and without being
compelled to discuss this or any other
question. The picketer has the right
discuss with the employe. but not to force
The employer has the right to carry on
his business in a lawful manner and to
secure the services Of whomsoever he
chooses.
Public Has Rights.
"The public has the right to go and come
10 enjoy the freedom of the streets, public
disturbed by the trades union. the nom
union man or anyone else. The public is
not concerned with the difficulty that
ploye, only where the result of that diff
ficulty interferes with public rights The
public has the right to pass up and down
theaters and business houses in absolute
security. The difficulty which arises be-
tween tween employer and rmploye should not be
cerned in these matters-it has no voice
in selecting the men who shift the scenes
or turn the wheels Of industry and should
not be compelled to carry the burden of
these difficulties. In commerce and in
pleasure the public rights are undisputed
freedom and security, and the timid girl
and the strong and resolute have the I'M
disputed right to walk the streets without
being harassed or inundated by the by
stander.
To preserve the peace and order of a
municipality is the primary police func-
ton of city, and is inherent and essential
to municipal life.
The city is, and should be- the guar
dian Of the rights Of all, and where the
rights of its citizens are being trespassed
upon or their peace disturbed the city's
duties are clear"
THE city administration will take
the same care in protecting striking
workmen in their rights that it takes
in protecting employers in theirs"
Mayor House said. 1.-The striking
workman is entitled to certain privi-
leges and these are guaranteed to him.
But he must not overstep the bounds
which court decisions provide. If he
does this statement may be construed
as an order to the chief of police and
all police officers to arrest and place
him on trial.
THAT ought to be definite enough.
At any rate, it's certain"