The Topeka state journal., 1919-12-31
Industrial Court UncOnstitu-
tiOnal in This Sense.
But Col. Dean Believes Gov. AL
len Is On the Right Track.
POLICE POWERS RECOGNIZED
Courts Will Not Hesitate to
Stand by This Plan.
Publicity Would Cure Many His,
Colonel Dean Says.

Col John S. Dean today opened a
big hole in Governor Aliens proposed
Industrial court law. He declared
that in his opinion any attempt to fix
the wage of labor or the profit of
employer would be- unconstitutional
Police powers of the state can be
made to meet any strike situation
thru amendments to the bill, which
he declares is directed in a way to af-
ford great relief Colonel Dean urges
widest publicity to all findings thru
industrial court inquiries
AT the state house today Colonel
Dean threw some new light on indus
trial legislation. He said adequate re-
1ef could come to the innocent and
suffering public thru proper use of
police powers which may be exercised
under special laws or the court act
Neither the industrial court nor any
other court, he said, could fix a wage
scale and compel people to work at
the stipulated price. Incidentally he
declared that profiteering laws
except as they are employed as war
meaSureS-are not worth the paper
they are written on.
Constitution Is Sensitive.
"Our constitution is peculiarly SEN
sitive on any subject wherein an at
tempt is made to ensIave either the
arbitrary wage and the courts have
held such practices in violation of the
principles of free government" said
Colonel Dean. mo law will be up
held, in my Judgment, which says that
court may say that a man must
work at a certain wage, nor that an
employer must pay a certain wage.
Under no conditions. except in war
times when the protection OF the ma
ton is paramount, may the price of
any goods be fixed for the producer
or seller
But Colonel Dean doesn't believe
the states hands are tied. Far, far
from it. To the contrary he believes
Governor Allen is going in the right
direction and that Kansas may pro-
vide legislation which will meet the
emergency which compels suffering of
innocent people.
UphoIds Police Powers.
'The courts will not hesitate to
recognize any exercise OF the police
powers of the state or government" Z"
said Col Dean. "Such powers might
be exercised by making illegal any
bargaining or agreement to quit work
in unison or ct a stipulated time and
still not impair the right of collective
bargaining. The state may enact a
law making illegal the contribution or
use of any common fund or gathering
of any subscription for the support of
strikers who quit work under any
agreement. The state might pass and
uphold a law permitting the Santa Fe
railroad. for example, to demand of Il
brakemansthat he enter into an agree
ment not to became a member of any
body or organization or society which
fosters or encourages or orders strikes
The state might enact perfectly good
laws compelling every labor organ
iZation to incorporate and making it
subject to civil action and forbidding
distribution of its funds for strike
benefits.
Labor Enslavcmcnt.
"But I doubt seriously that the
courts will ever say that our constitu-
ton will compel men to work at a
wage fixed for them by any commits
sion or tribunal. Thatswould mean a
return to the old English system of
labor enslavement and oppression
which our own constitution specifi-
cally seeks to break away from.
THE greatest force in our country
at this time is public sentiment" con-
tinued Colonel Dean. There is no
reason why this industrial court may
not investigate profits and revenues of
employers and the apparent sincerity
OF employees in remaining faithful to
be published and given the widest pos
sible circulation. Such findings will
give to the public the information it
desires and is entitled to. Neither the
unfair employer or labor organization
can oppose the sentiment which would
be aroused in opposition to excessive
profits, the refusal to grant fair wage
or the action of any body of men in
violating their contract.