The Washington herald., 1921-08-21

powers Of government society might have the
same protection from strikes, lockouts,
pickets and forced suppression Of produc-
ton that society has against all the other
evils that menace us from unlawful conduct
of the few or the many.
The law was prepared with the greatest OF
care and subjected to the severest discus
sion by the representatives both of capital
and labor. Labor said it was involuntary
servitude. Capital said it was State Social
ism. But the law was passed by practically
a unanimous vote of both branches of the
Legislature. 1t was popular at the time
with everybody IN the State, except radical
union labor leaders and some of the en-
ployers. 1t is still popular with its original
friends, and in addition it has gained the
support Of constructive members both of cap
ital and of labor. Every day gives added
evidence of its increasing usefulness.
The most commonly uttered misrepre-
sentation of the law is that 1t takes away
from a man his God given right to quit
work. Obviously, if the law should attempt
to do this thing it would have no legitimate
place in an American statute book The
law in its context expressly provides that
nothing in it sh:!l be interpreted to deprive
any man of his natural right to choose his
own employment and to leat. it at bis will
1t does not forbid any man or any group Of
men the right to quit work. but after they
have quit, it forbids them the privilege Of
coming around the place with a pocketful
of dynamite in order to keep men who wish
to remain upon the JOB from working. 1t
holds that the right to work is just a. sacred
L. I'll ~. A. J,..-
of the State to protect both men in their
natural inclinations touching the matter.
1t says exactly the same things both to
labor and to labor's employers. To the
employers it says: You shall not wlllfully
limit cease the operation of this industry
for the purpose of affecting wages or prices.
You shall not lock out or blacklist. You
shall keep this institution going with reason
able regularity, in order that the public may
have at all times its needful share of the
article for the supply of which it has come
TO depend upon you
To labor it says. You shall not conspirc
10 close down this essential industry for the
purpose of bringing to bear upon the public
economic pressure
To them both 1t says. You shall bring
your quarrel into an impartial court of in
dustrial relations where it may be sdjudi-
Gated under the guarantee of impartial and
righteous government"
Surely, if government cannot do this its
powers are fatally limited. If moral prin-
ciples do not exist in American institutions
for their extension to meet this new emer-
gency that has come, then American institu
tons are doomed to failure, for the issue
here is the issue of government. The chal-
lenge is as to whether any class may live
above the law. If there is any menace to
the American public against which govern
ment is powerless to provide protection then
1t is time that We should know 1t.
There is nothing new In the theory Of
the Kansas Court Of Industrial Rela
tons. 1t is builded upon the oldest principle
In organized human society; principle that
was old before Blackstone gathered into his
commentaries the fundamentals Of the COM
mon law: a principle that composed one Of
the twelve laws inscribed upon the tablets Of
Rome in the language of the Roman: Salus
populi suprema lex esto-let the safety OF
the public be the supreme law.
1t is not strange that Kansas should have
written this law into her statute books.
1t is more strange that all the States and
1t into being.
The reason they have not is because states
manship has not dared to encounter the
displeasure of labor and capital. And so they
have let the quarrel 60 on, until today in hall
the world 1t menaces the very vitals of gov
eminent and in this country It has already
coerced q President and frightened u Con
gress into passing the Adamson law as 4
humiliating evidence Of legislative cowardice
And the end Is not yet, Within a month
Samuel Gompers, the head of the American
Federation of Labor, has had the impudenc'
TO declare his program to Congress and t.
say that Congress will either adopt bis pro
gram or that Government will reckon will
him and his followers.
But to return to the Kansas law. 1t hs
been upon the statute books little NOR
than q year, During that time mere thai