The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-07-20
TESTIFY OR JAIL.
State Supreme Court Issues Ulti-
matum to nOWat.
Hits Miner Leaders Who Ig-
nOred Kansas Labor Court.
GAN SUMMON WITNESSES
UphOlds Courts POwer-DOes
Not 60 Into COnstitutiOnality.
HoWat Says He'll Fight, Backed
by Million Dollars.
GAN SUMMON WITNESSES

Alexander Howat and his associates
IN the mine workers union must obey
subpoenas from the Kansas industrial
relations court or serve jail sentences
for contempt. That was the order of
the Kansas supreme court in an ap-
peal from an order issued by Judge
Curran of the Crawford county dis
trict court who cited mine union Of
ficers for contempt when they re-
FUSED to obey summonses. So far as 1t
applies to the courts power to issue
summons. examine witnesses and pub
lish findings. the industrial court law
is held valid.
While the order of Judge Curran is
upheld in a strong opinion, the courts
ruling does not go into the constitu-
tionality Of the entire law. The court
tho, held that, while some portion OF
the enactment might be invalid, It
would not destroy the remainder OF
the measure. A decision as to the
constitutionality of the power Of the
court to make and enforce wage or
ders and to prevent strikes must come,
the court indicated. in separate case.
Such an action might be based on the
courts right to prevent strike or IN
ar injunction by an employer to pre-
vent enforcement of Il wage order.
Can Summon Witnesses.
The court decision was unanimous
It held that the law under which
Judge Curran sentenced the coal mine
union officials was constitutional as
affecting the issues involving the right
of the Industrial court to summon
witnesses and the power Of the dis
trfct Judge to sentence the men, me
case went before the supreme court on
an appeal. second case involving
the right of the industrial court to
enJoin the calling of a strike may be
taken before the supreme court.
Judge Curran issued a writ against
district officials to restrain strike &C
ton. No appeal has been taken al
tho the order was issued in April.
This case would properly raise remain
ing issues as to the validity Of the new
court act. The ruling in the present
case, however, esta blishes the rights OF
the court in summoning witnesses and
investigating such matters as are COW
cred by the terms of the law.
Other Union Heads Affected
When Judge Curran issued his de-
cree committing Howat to jail for re-
fusal to obey the industrial court sum-
mons. he took similar action against
other district officials. August DOrchy
and Thomas Harvey, officers OF the
union, were ordered committed to Jail.
A subsequent order by the Crawford
county judge was directed against l,,Ils
ham. All must obey the supreme
court order or go to Jail.
The action of Judge Curran was
taken in April when the industrial
court began a series of coal mine in
vestigations in Crawford county. Nj
merous witnesses were summoned, but
few answered the call. Howat and
other officials of the district fatty re-
fused TO obey the subpoena for their
appearance.
History of the Case.
cited before Judge Curran for con-
tempt the mine workers Of the district
marched to Girard. the county seat.
and staged a demonstration in front
of the Jail. They were addressed by
Howat and the sheriff. Later the sher-
if resigned at the request Of the gov
ernor When the men were ordered
committed to Jail, they were removed
TO lola and Ottawa. Appeal bonds
were provided and the men released
pending decision of the supreme court
That Howat will continue in his de-
fiance to the industrial court is 1ndi-
Gated in an interview which he gave
out in Kansas City following an
nouncement of the supreme court
opinion. He declared he would con-
tinue to fight.
we are not looking for trouble,
Howat is quoted as saying, but we
are not running away from It II
Governor Allen wants trouble he will
be accommodated.
Howat will probably confer with
national officers Of the Mine Workers
union before taking further action
In the meantime he may be called
upon to testify before the industrial
court Refusing to respond, he mus
go TO Jail under the district court:
order.
Million Dollars for Fight.
Kansas City. Mo. July 2O.-.I have
received word from Frank Earring
ton, president of the Illinois miners
that he and the union are behind u
to a man and that they have NOR
than a million dollars which will b.
placed at our disposal said Alexan
der Howat. president of the Kansa
miners, when informed of the deci
sion of the Kansas supreme court.
similar assurances of support
moral and financial. have come from
the miners of Missouri, Indiana, Michi
gan, Oklahoma. Arkansas and man
other states.
Ny position in the matter is un
changed We are not going to recOg
nize this industrial court or any othe
tribunal created for the enslavemeu
of organized labor.
The Industrial relations court
an insult to every working man c
Kansas: it is a disgrace to the state.
In his statement the Kansas min