The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-11
HOWAT GUILTY
OF CONTEMPT IS
BURCH RULING
Supreme Court AffirmS Decision
of Crawford, District Court.
Industrial Court Act Held Valid
in Eight Issues.
SENTENCED TO YEAR IN JAIL
Court Holds That Coal PrOduc-
ton Is Affected.
Justice Burch's Opinion Covers
"A Printed Pages.

In an opinion by Justice Burch to-
day, the supreme court again deter
mined and upheld constitutional pro-
visions of the industrial court act and
affirmed q decision by the Crawford
county distriC : court which sentenced
Alexander Howat to Jail for year for
contempt The supreme court held
the court law valid on each of the
eight issues raised by the mine work.
ars' union chief. It emphatically
stated that production of coal is af-
fected with a public interest and sub
ject to state regulation and control
Held Guilty of Contempt.
Howat was held guilty of contempt
of court for violating an injunction
which the state had previously Sc
cured against mine union officials to
prevent calling of a strike in the Pitts
burg field The strike was threat
ened. in Judgment of industrial court
members in an effort to break the
new law court act and in defiance OF
the power OF the state. When strike
was called Howat and 154 other
parties to the suit were cited by Judge
Curran of Crawford county for con-
tempt. Howat was found guilty and
sentenced to a year in Jail. His appeal
to the supreme couPt was the next
doubtless go to the United States su-
preme court for final determination.
Opinion Covers Al Pages.
Justice Burch's clear and emphatic
opinion covers Al printed pages 1t
is concurred in by all of the supreme
court Judges. Eight issues raised Dy
Howat's attorneys in attacking the
law, are set aside in detail-the court
specifically stated Howat was not en-
nj
a trial by jury and that the injunction
was not invalid as an attempt to en-
/, Join crime.
Eight Points Involved.
In the syllabus by the court, the
eight points involved in the action are
met as follows:
l. The state was authorized to apply
for and the state was authorized to grant,
the injunction, to avert threatened puonc
calamities, irrespective OF the states own
ership Of property affected, and without
the aid of statute.
bidden by section TAO of the general stat
utes of 1915 relating to granting in1unc-
tons in specified cases Of industrial dis
3. The injunction order was not invalid
as an attempt to enjoin the commission
4. The defendants were not entitled, in
the contempt proceeding, to trial by jury.
8. The contempt proceeding was other
wise free from irregularity.
6. The act creating the court of indus
trial relations is not void under the con-
stitution OF this state because OF d',aa duality
commingles functions of separate depart
ments OF government, or because It at
tempts to enlarge the original jurisdiction
of this court.
Z. The business of producing coal in
this state bears an intimate relation to
the public peace, health, and welfare is
affected with a public interest, and may
be regulated. to the end that reasonable
continuity and efficiency of production
s. The act creating the court Of indus
trial relations is a reasonable and valid
over the business of producing coal. and
does not impair liberty of contract or
permit involuntary sery1tude, contrary TO
the constitution of the United States.
OF most vital and general interest in
the present Howat case is the deter
mination of the court that the produc-
ton of coal is an industry vested with
and affected by a public interest This
view by the court makes clear, in the
opinion of friends of the industrial
court, that the same right of regula-
ton and supervision extends to the
transportation, manufacture, sale and
distribution of other essentials.
A Public Service Commission.
''The court Of industrial relations Is,
in fact, public service commission, -
says Justice Burch in the body of his
opinion, the word court having been
employed merely as a matter of legis-
lative strategy. The production, man
ufacture and distribution of food,
clothing and fuel being industries af-
fected with public interest, are made
subject to regulation in the same man
ner as those industries which have
commonly been designed public utili-
ties"
Justice Burch extends his state
ments to the effect that the industrial
courts relation to essential industry is
the same as the public utilities COM
missions relation to public service
corporations.
Court Held as Board.
'aThe court of industrial relations is
clearly a board within the meaning of
this statute" he says. THE entering
or orders in respect to matter COM
mitted to its jurisdiction is duty re-
Continued on Page TwoD