The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-16
HIGGINS LEFT OUT
Presiding Judge Was Not Con-
suited About Court Action.
No Invitation Issued to Attend
Hearing of Case.
N BREAK WITH GOVERNOR
Charges That Purpose of Labor
Tribunal Is Violated.
Says Allen Is Not Authorized to
Direct Court.
BREAK With GOVERNOR

Governor Allen issued a hand made
statement defining the. position of the
Industrial. court when he stated its
position on the coaf situation last
saturday, according to Judge W. L.
Huggins, presiding judge of the indus
trial court. If the governor talked
with court judges at all. Judge Hug
gins asserts it was for the purpose of
forcing his own ideas. Judge Hug
gins not only did not attend the con-
ference, but Governor Allen neither
invited him nor made mention of the
meeting.
Because Judge Higgins has fatty
refused to follow instructions of the
governor in dealing with official mat
tors, the presiding judge of the indus
trial court has been ignored by the
present court, When the recent con-
ference was held to decide the number
Of lawyers who should go to Washing
ton to gather information as to when
the United states supreme court might
hear the HOwat case. the matter was
~ discussed with the presiding judge.
On several occasions statements issued
,Ae court and by Governor Allen
defining the position of the court. have
been without the knowledge or ap-
proval of Judge Higgins.
Opposes Governors Position.
4 Now Judge Higgins has taken the
public into his confidence and today
declared that he not only knew moth
ing of Governor Aliens announcement
of the court policy but that he IS
fatty and thoroly in opposition to this
position. Because of the governors
attitude in the mine strike, he asserts
that large numbers of miners are
Illegally idle. The purpose of the
labor court law, he asserts, is violated
in letter and in spirit. What is more,
kansans are not only paying the run
ming expenses of the idle industrial
court. but are also paying the high
freight rates and Increased cost of
Illinois and Colorado coal. IF a severe
cold spell should reach the state, Judge
HugEins asserts, there would be Il real
danger of suffering and want because
OF the situation which has grown out
Of the Fittsburg mine strike.
Brands Miners Union as MONOPOLY.
9 Judge Higgins brands the United
Mine Workers union as 'One of the
greatest monopolies in the United
States" and by inference and innuendo
cracks the knuckles of the governor
for toying with the organization. He
emphatically asserts that there is lit
tie warmth and comfort in a competi
ZION as to whether Howat or Lewis
shall become the coal mining car. He
points to the fact that while the state
Is standing idly by and the industrial
court is inactive, Kansas is losing her
coal trade territory and that Illinois
fuel has been shipped to the very
shadows of the Pittsburg mine shafts.
The Higgins statement is almost an
open declaration of war. 1t challenges
the states policy of holding the in
dustrial court in check during a crisis.
Most severely. tho, it carries between
The lines a condemnation of the gov
ernor himself for forcing the courts
position and defining its policies with
out authority of law.
Governor Allen ma lie formal State7-
mont in which he said that the state
had not changed its purpose and did
not propose to interfere with the strik-
eTs under present conditions. Judge
Higgins points to the fact that the
governor is not authorized by law to
direct the activities of the industrial
court
In a statepent today Judge Huggins
said:
In n statement today he said:
The law does not authorize the governor
to direct the activities nor to participate
iii the DELIBERATIONS Of the court of indus
trial relations. assume; therefore, thaI I
published in the newspapers or saturday,
November II. vas authorized by my two
vas speaking for the majority of this tri-
buual In all judicial or quasi judicial |
bodies when there is a difference of opinion
amongst the membership, ii is the privilege
of a minority member to express his views
in the way of n dissenting opinion" I'm
der the circumstances existing at that time.
T. feel il my duty to the public to say that
do not concur in the statement issued, and
to state the reasons upon which base my
dissent.
One Of the greatest monopolies in the
United States is the organization known as
the United Mine Workers of America. In
the entire bituminous coal fields of the
tion of West Virginia, this organization alb