The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-10-10
Judge Higgins Says 1t Must Be
Free From Politics.
Wants Tribunal Given Legis-
Iative and Judicial Authority.
MAKES SPEECH IN EMPORIA
Safeguards Should Be Thrown
Around Law, He Declares.
If Not Kept on High Plane VIII
Fail, Judge Says.

Emporia, Kan, Oct. 1O.-The court
Of industrial relations must be re-
moved from politics and political in
fluence IL it is to survive. That was
the declaration of w. L. Higgins,
presiding judge of the tribunal today,
in a speech in his home town before
students of the Emporia State normal.
Judge Higgins wants the court
vested with both legislative and judi
ciaI authority. He would provide a
constitutional amendment to meet
needs Of the new tribunal in the fu-
ture and would remove it far from the
influence of partisan, factional and
class influence. His speech here to-
day virtually provides that the court
be named by justices of the state su-
preme court.
To Provide Safeguards.
Safeguards should be thrown around
the law, Judge Higgins declares, in
order to protect it from political in
fIuenees and to broaden its power and
increase its value. eff the court of
industrial relations cannot be kept
free from the influences of politics
and of politicians" said Judge Hug
gins, "if it cannot be placed and kept
upon the high plane Of a judicial tri-
bunal, it will fail and the law should
be repealed before failure becomes
disgrace
Judge Huggins's Address.
In his speech the court judge said
in part:
In the fixing Of c minimum wage,
or in ordering changes in working
conditions to be applied to one of the
essential industries in the future, the
court of industrial relations must act
IN that particular in legislative rath-
er than judicial capacity. This is
one of the very essential functions of
the court OF industrial relations, and
therefore under our present constitu-
ton said, court can not be invested
with the judicial powers exercised by
constitutional courts of general juris-
diction. The Industrial court can not
punish for Contempt. It can only call
upon the district court to do that as
it was done il the first Howat case.
The Industrial court can not issue an
execution or compel obedience to its
orders. 1t must call upon the SUI
preme court to. do that. as is now
being done in what we call the Wolff
Packing company case
For this reason technical LAWYERS
nave insisted that the word Court is
Improperly used in connection with
this tribunal, While it is true that the
industrial court has suffered no seri-
Gus inconvenience by reason of the
experience may prove it advisable to
propose an amendment to the consti-
tuition of the state of Kansas which
would permit this tribunal, within the
barrow scope of its jurisdiction, to exer-
else both legislative and judicial pow
ers. This has been done in the state
of Virginia with regard to the corpora
ton commission of that state. 1t has
been done in Oklahoma in the same
way. Nebraska has an amendment to
the same effect, adopted since the en-
actment of the Kansas Industrial law.
The oldest example of such a tribunal.
so far as I know, is the British house
OF lords, which for hundreds of years
has been both a court and legislative
assembly. The house of lords has
both original and appellate jurisdic-
ton. 1t may sit today as the highest
court in the United Kingdom. 1t may
cit tomorrow with the same personnel
as a lawmaking body.
To Administer Justice.
One Of the definitions of the word
''court" found in Webster's Interna-
tional dictionary is "a tribunal estab-
Hshed for the administration of JUS
tice" I claim that the court of in
dustrial relations is a tribunal estab-
hshed for the administration of in
dustrial justice and that therefore the
word court" is properly used in the
title to the act
In the performance of its duties, the
court of Industrial relations is con-
stantly called upon to decide import