The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-04-30
Judge Curran Holds Threat
Over Kansas Miners.
VIII Make Order Mandatory if
They Quit Work.
RIGHT TO WORK PARAMOUNT
Declares "Right to Strike" Not
So Divine as Argued.
Quotes Authorities From Black.
stone to Justice White.

Pittsburg, Kan. April S0.-Follow-
ing the announcement of his decision
late yesterday that the new Kansas
court of Industrial relations law is con-
stitutional. Judge Andrew ]. Curran
in Crawford county district court this
morning granted a temporary inJunc-
tion enjoining Alexander Howat and
other district and local union officials
of the Kansas district of the United
Mine Workers from calling strike.
Judge Curran did not make the in
junction mandatory as the state had
asked, stating that it had been shown
the Kansas mines now largely are at
work. Judge Curran said that he
would make the Injunction mandatory
II a showing were made in the future
during the life of the injunction that
the mines were idle.
In Effect May 12.
The temporary injunction will be in
effect until May 12 when the applica-
tion of the state to make the injunc-
tion permanent is set for hearing.
Judge Curran declared the law not
unconstitutional in a lengthy decision
on the demurrer to the application of
the state offered by the defense when
the hearing was begun Tuesday.
The action of Judge A. j. Curran in
overruing a demurrer to the applica-
ton for a temporary injunction to pre-
vent miners officials from calling a
strike, was said to have settled the
matter" by +. S. Jackson, attorney
for the industrial court. Judge Cur
ran, he said. has already ruled in et-
feet that the industrial court law is
constitutional. by overrulling the de-
fense demurrer.
Judge Quoted Blackstone.
In holding the law constitutional
and overrulling the demurrer of the
defense Judge Curran yesterday after
noon quoted legal authority from
Blackstone to Chief Justice White in
support of the broad police power OF
the state.
''As I said the other day in our
rather informal debates" Judge Cur
ran said by the way of Introduction,
'I am not concerned with the wisdom
Of the legislator in passing this law
Whether the law is economically wise 4
or unwise is not for the court 10 say.
in giving a judicial Interpretation of
the law it is my duty to put aside all
thought of whether my personal view
to the law is friendly or otherwise.
The one question to be considered by
me is whether the law is in conflict
with the bill of rights or constitution
of the United States or of Kansas
State Has Power.
Judge Curran said he has never be-
lieVed and does not now believe that
the fourteenth federal amendment
CuTIallS
or that the state has ever surrendered
any part of that power to safeguard
ths1bealth, morals and general well
he defense had much to say
against the Legislature and the court
thinking of the conditions which con-
fronted the people of Kansas in De-
cember of last year. Judge Curran
said He declared that the state was
paralyzed by the mining strike at that
10
schools closed, the sick and afflicted
in institutions threatened with freez-
ing the means of moving food inter-
fered with.
not correct such conditions it would
be a reproach to organized govern
ment and to civilization" the judge
asserted.
Emergency Existed.
THE conditions that prevailed last
December give an idea of the pupose
and intent of the legislature in enact
ing this law and of the object sought
by our state thru this legislation.
"A great deal has been said of the
divine right to strike, the divine right
to quit work." Judge Curran said. At
this point he paused to highly compli
ment the presentation of the defenses S
theory of the case of John t. Clark
son, pronouncing a splendid discussion
of the fundamentals of governments
Str1ke hignJ NOC DN INT.
I'm stressing the divine right to
strike, the divine right to work, the
right of the man to have employment
so he can provide for his wife and
children has been sadly overlooked"
Judge Curran asserted. THE divine
right to strike. where it affects the
health and welfare of the public must
be relesated to the realm where the
divine right of kings has been sent.
"A man cannot be compelled to
work. you say. Certainly not, do not
believe for a moment that any mem
ber of the legislature intended to make
any work. The purpose of this act is
in an orderly way to give a man a
chance to work.