The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-11
HOWAT GUILTY
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HUWHI GULLY
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sulting from office, trust or station.
The tribunal appointed to make orders
in the field of industrial relations hav-
ing already functioned, application to
it no longer affords remedy in the or
binary course of law for such cases."
The supreme court holds that state
has the right to step in when labor
and capital cannot agree. eff the
parties should not succeed in settling
why should they be permitted to
start a, fight which quickly brings
upon the public recrudescence of
barbarism? In dealing with the sub
tJect of constftutionality of the 1egisla
ture of 1920, the court can render no
service by yelling the harshQess OF
reality"
Review of Industrial Disputes.
Then follows lengthy review of in
dustrial disputes and particular en-
phasis of the strong arm" methods
employed in strike orders. The court
does not affirm the God given right
to strike and emphasizes the re-
sponsibility of the man with a task to
do his service well. while the same
rule of responsibility applies to the
employer in case of lockout.
Let nobody be deceived concerning
the relation of the strike to-govern-
ment," says the court. In the opin-
to the attempted exercise by indi-
viduals of the powers belonging to
government. Last year at the time
| CT the Polish crisis, the Chicago Fed
Grafton of Labor passed a resolution
urging American labor bodies to pre-
| vent mobilization of military or naval
forces to assist Poland. Congress
passed the Adamson act. The city of
Boston must be delivered over the
| looting by mobs of thugs unless Of
ficers, who should have no interest
except the public safety, may have the
privilege of affi1iating with the Ameri-
can Federation of Labor. The great
| city of Chicago must deal with UNI
brella Mike in order, to discharge its
municipal functions. Alexander Howat
does not recognize courts.'
Public Has Right To Be Heard.
The court pointed to the fact that
| the legislature had recognized that a
| Silent partner-the publfc-existed
and should have a hearing IN indus
| trial disputes. The right of labor to
organize, the right of collective bar
| gaining-aH were specifically recog-
| nfzed, the court says But when labor
| or capital seeks to curtail and prevent
production or distribution of the es-
| sentials of life, then the public has
q right to be heard. In this issue the
| court of Industrial relations comes into
| control of the situation.
Howat-Branded as a man defying
courts an3AJawszAis held to pay the
penalty IMPOSED by the Crawford
county district court.
Judge higgins Issues Statement.
| Commenting on the Howat opinion
today Judge, w. L. Higgins, presiding
judge of the court OF industrial rela-
tons, said: $3.50 \ - -
| 1 have made only very hasty and super
| fetal study of the opinion of the state SUI
/ preme court in State VS.. Howat,= No. 23,505
She opinion seems to sustain the law In all
| the particulars discussed 1t viii be q
| great satisfaction to the friends of the IN
dustrial act, not only N kansas but "a al !
| opinien in unmistakable terms sustains the
i eonstitutionality of the act withz reference
| to Section in which the Legislature de-
| clares that the production of fuel and the
| manufacture of food and clothing, and the
transportation of fuel, food and clothing
are impressed with a public interest, and
| subject to regulation by the state
This is the most important point In the
Is nov sac bs 10 6e say 5eal in II
most essential features. The opinion up.
holds the right of the state to prohibit
the STRIKE, the lockout, the boycott and
whatever else may affect the continuity
and efficiency of the production and trans
portation of the necessaries of life. L
clearly and Enthusiastically upholds the au
thority of district courts to enjoin the call
ing of strikes and to punish for contempt
in case the Injunction is viofated In thi:
sentence imposed against Alexander Howa
80 Provides Quick Action.
1t sustains Section II of the act whiel
provides for review by the supreme cour
Of orders made by the industrial court
This is a very important section for tn
reason that it provides for quick actor
and eliminates the long delay which S,
often occurs in trying cases in the dfstric
court and appealing therefrom to the su
| intention
was to get a final decision at as early
date as possible regard the opinion o
1.-THE supreme court In this respect very dm
The supreme court also sustains Section
of the act, which provides for limite
oversight by the court of industrial rela
lions over contracts Of employment entere'
into between employers and employees ii
| the essential industries. While this cas-
referred only, to the production of coal
the court in the opinion by illustration
seems to regard the packing plants, flour
ing mills and other food manufacturing in
dustries to be also affected with q publ
The opinion deals very thoroly with tn
contentious of the radical labor leaders a
to Involuntary servitude, the picket lib
erty of contract, and other. constitutions
guarantees. The industrial act is fully up
held in these important respects.
1 can think of only one matter of prim
importance in the law which still remain
the main eentention in the Wolff Paekin
company case when 1t gets to the suprem
court In that case the court Of industria
relations fixes q minimum wage of 40 cent
per hour for packing house employees en-
gagged in the hard manual labor inciden
to killing the animals and dressing an
dispoSing of the eaFeasSes. The packin
company complains that it can go upon tn
labor market and hire an Abundance
of that Kind of labor at this time for 5
cents per a0ur. This case will HndeubtedI
check up to the supreme court the questio
whether under the law the Industrial cour
may, for the purpose of preventing indus
trial STRIFE, fix minimum wage which
; higher than the market price"