The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-02-18
COURT ORDERS
MINE STRIKE
CALLED OFF
Decides in Favor of Miners in
MiShmash Case.
Alex. Howat Does Not Obey In
dustriaI Court Subpoena.
FACES CRIMINAL CHARGE, TOO
Mine Gar, With Lieutenant,
Released on $4,000 Bond.
Preliminary To Be Held March
Be Jury Trial.
Decides in Favor of Miners in
Mishmash Case.
Alex. HOWat Does Not Obey In
dustriaI Court Subpoena.
FACES CRIMINAL CHARGE, TOO
Mine Gar, With Lieutenant,
Released on $4,000 Bond.
Preliminary To Be Held March
1 Be Jury Trial.

Pittsburg Kan. Feb. 1S.-The Kan
sas court of industrial relations today
ordered the George K. Mackie Fuel
company to pay Karl Mishmash more
than 5000, representing a wage In
crease after he was 8 years old, and
ordered the company to reopen mines
H and J next Monday and notify the
miners not to refrain from returning
to work because of the strike order
issued February 3.
The order of the court followed a
morning of investigating of the birth
day controversy. Several witnesses
were heard who threw no light upon
the puzzle of the boys birthday.
Finally Michael SPAIN. who was god
father at the christening of the baby,
testified that he knew the boy was
born the year the empress or austria
was murdered.
I'VE were sitting around and talk
ing at the christening" SPAIN relat-
ed. I'VE were talking about the as
sassination. 1 remember that some
one said it was too bad it was not the
emperor instead of the empress who
was slain 1 don't know whether that
was in 1898 or 1892"
Fewer Miners Working.
Less miners were working today
than yesterday in the southeastern
Kansas coal fields, only about one
third of the shaft mines being in oper-
alton, according to operators head
quarters. They were inclined to be-
lieve a protest strike might be grow
ing against sentence of Union District
President Howat to Jail.
Encyclopedia Decides It.
This afternoon r. C. Dellinger. as
sistant clerk of the court, read to the
court from an encyclopedia showing
that an empress of Austria was muir
dered in 1898.
when Karl Mishmash is paid the
money the miners at the two Mackie
mines 1 suppose will go back to work"
President HoWat said this afternoon
when he read of the decision of the
Industrial court. 1.-The company and
the industrial court went into a COM
bination to give the boy his money in
order to pull the company out of
hole and give some glory to the indus
trial court.
This case already had been settled
once by the operators commissioner
and myself and the strike was called
to enforce that settlement after the
company had refused to do as was
agreed. And it was the strike, not the
Industrial court which has forced the
company to pay Mishmash. Not a man
has worked at the Mackie mines and
not man will go back to work until
Mishmash gets his money"
Howat had not appeared this morn
ing when industrial court resumed its
hearings of the Karl Mishmash case,
despite the fact he had been sub
poenaed for testimony.
Testimony In Bible.
The Mishmash family Bible entered
prominently into the situation today.
1t now is in the possession of Howat
and his subpoena ordered him to bring
the Bible into court today. 1t is be-
lieVed that Judge Curran will be asked
to issue an attachment for the Bible
when he is asked to order Howat into
court. Whether Howat will attempt
to prevent the book from being taken
before the industrial court was ques-
ton of much interest this morning.
If he does not appear attorneys for
the court will appear before Judge A.
]. Curran of the Crawford county dis
trict court and ask for an order for
Howat to appear. the same procedure
followed last spring. If Howat ig-
nores the order. as he did then, Judge
Curran will be asked to order the ar
rest of Howat for contempt of court.
Back Wages in Balance.
The point the industrial court is
seeking to clear up is whether Mish-
mash was born in 1898 or 1899. The
Bible, it appears, contains two records
of his birth, which are in conflict as
rect. his contention that he is entitled
to about 5000 from the coal company
due to increased pay after becoming
10 years of age, will be established.
witnesses heard this morning failed
to throw much light on the date con-
troversy. Mrs. Jacob Fox of Daisy
Hill testified that she was present at
the birth of the boy and that it oc-
Cured in August, 1898 or 1899, which
was conceded. Mike SPAIN. god
father of the boy. came from his home
in Cherokee county, and testified that
he remembered def itely that he was
born the year the queen of Austria
was murdered.
Shortly before noon the court ad-
journed until 1880 o'clock. Howat
had not appeared.
Faces New Charge
Howat and August Dorchy, union
vice president. returned here early to-
day from Columbus. Cherokee county.
where they. were arraigned late last
night on a charge of violating the
criminal provisions Of the state indus
trial court law by calling a strike in
the Crawford county mines of the
Mackie Fuel company.
At their arraignment last night the
union leaders pleaded not guilty and
were released on $4,000 bond, each to
appear in justice court there March
for preliminary hearing.
In the event they are bound over to
the district court at their preliminary
the men would be tried by a jury.
Conviction would carry a fine of not
more than $4,000, a prison sentence of
two years or both.
Onc-Third Miners Working.
About one-third of the deep shaft
~ 20, al de- o.