The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-27
into WOLFF CASE
Judge w. L. Higgins Is Chief
Witness in Hearing.
Examination Conducted Before
r. L. Noble as Commissioner.
ALL COURT JUDGES SWORN
Complaint Was Drawn by F. s.
Jackson as Attorney.
Effort Made to Set Aside Wage
Award in Packing Case.

Indications today point to an effort
to show that the court of industrial
relations promoted" the Wolff Pack
ing company wage case Judge W. L.
/ Higgins, presiding judge of the court,
was the first witness called today be-
fore Commissioner r. L. Noble. His
examination by D. R. Hite, attorney
for the packing company, indicated a
possible attempt to show that the
court directed it's efforts in behalf of
the labor union to the exclusion of in
terests of the packing company.
Commissioner Noble was appointed
by the supreme court to take testi-
mony as to the reasonableness of the
wage order in the Wolff case. Follow
ing statements before the commission
er today by Hite and Baxter McClain,
attorney for the industrial court, Hite
asked to have all of the court judges
sworn. Judge Higgins was the first
witness called. He wrote the Wolff
company opinion which was concurred
in by Judges McDermott and Craw-
ford, appointed after testimony in the
cae had been submitted.
Denies Any Partisanship.
In his direct examination Judge
Higgins admitted that Fred S. jack
son, then attorney for the court, drew
the complaint and that members of
the butchers union had been directed
to him after their complaint was
brought to attention of the court.
Judge Huggins, tho, denied emphat-
the court. He also denied that favorit-
ism had been shown the labor union
in handling of the case.
McCIain protested against the form
of examination which was pursued
by Hite. He said there was nothing
in the pleading to show that prejudice
had been displayed by the industrial
court.
Hite was suave. courteous and al
most apologetic. He assured the COM
missioner that neither his client nor
himself as counsel thought of such
thing. Then he proceeded to follow
his original line of examination. Later
Commissioner Noble stated that he did
not believe the pleadings included the
scope of objections lodged in Hite's
objection.
Hite Amends PIeadings.
Again Hite was the last word in
courtesy and consideration. He
bowed obedience to the commissioner.
Then he explained most graciously
that the broad line of general Objec-
ton to the courts findings would per-
NIT his course of examination. And
then-with another bow-Hite assured
the commissioner that he would glad
ly amend his pleadings. There didn't
seem to be much else to say. So Hite
continued on his course.
Efforts to set aside the wage award
in the Wolff case are directed from
half dozen angles. The possibility
that a claim that the court urged or
encouraged the case was not appar-
ent, tho, until Judge Huggins was
called to the stand. Just the extent
to which this question will be pur-
sued is not at this time apparent.
He Questions Judge Huggins.
In his examination of the presiding
Judge of the court, Hite questioned
the witness closely as to his conversa-
tions with Jackson and representa-
tives of the union. Judge Huggins
denied emphatically that he had ever
discussed merits of the case with any
one after the issues were drawn. He
said his talks with Hite and repreSen-
tatives of the packing company had
been similar to conversations with
Jackson and labor union members.
The question as to whether the
wage award was reasonable will be
gone into in detail. Hite indicated
that testimony would be offered to
show that the court did not examine
the Wolff company books and rec
ords as to revenues and operating ex-
penses before making the award.
In his examination of Judge Hug
gins, Hite also questioned in detail as
to just what phases of testimony and
information gathered from " IS to
the Wolff plant had been discussed
with Judges McDermott and Craw-
ford. Judges Reed and Wark, who
sat with Judge Higgins in the trial
of the case, were not members of the
court when the opinion was written.
Hite indicated today he would dwell
strongly on the ability of the two new
judges to he'll, draft a reasonable
wage order when they had not sat in
the trial of the case. Judge Higgins
explained that the two new judges
had acquainted themselves with the
facts thru reading of transcripts.