New-York tribune., 1921-06-12
Howat Penalty
Upheld by High
Kansas Court
Validity of Industrial Tri-
bunal Affirmed i'm De-
cision by Supreme Bench
in Contempt Case
Appeal Will BE Taken
Opinion Declares Produc-
ton of Coal Is Subject to
Control by the State

TOPEKA, Kan, June 1l.---Tn the most
sweeping decision yet handed, down
affecting validity of the Kansas Indus
trial Court law the. State Supreme Court
to-day affirmed the decision of the
Crawford County District Court sem
fencing Alexander Howat to one year in
Jail for contempt. The law was held
valid on each of the eight issues raised.
Referring to the industrial court, the
decision sets forth: THE act creating
the Court of Industrial Relations is a
reasonable and valid exercise of the
police power of the state over the bust
ness of producing coal, and does not
impair liberty of contract or permit
involuntary servitude contrary to the
Constitution of the United States"
me OPINION, which was written by
justice K. A. Burch and concurred in
oy all OF the Supreme Court Judges,
emphatlcally states that production of
coal is affected with public intere ST
ana SUBJECT to state regulation and
control.
Howat, who is president of the Kan
sas miners union, was found guilty. of
contempt of court for violating an in.
Junctlon which the state previously had
obtained against mine union officials
10 L, prevent calling of strike in the
FlItspurg district.
Inc strike was called, industrial.
court members believe, in defiance of
the power OF the state and definitely to
test the new industrial law.
Howat was found guilty and. sam
fenced to q year in jail. His anneaI
to the state Supreme Court foljowed
immediately, The case undoubtedlv
VII go. to the United States Suprems
court Tor final determination. Richard
q. hopkins, Attorney General, said TO-
The courts opinion states that Howat
was was not entitled to trial by iurv in
:he contempt proceedings and that tho
Injunction was not invalid as an At
Tempt to enloin crime.
Inc opinion said that the state was
~ ~ s'iGrizeo TO apply for and to grant
n,'b,: rnt ihJunctlon Ito avert threatened
pupiic ptatn's calamltles, irrespective of the
state s ownership of property affected
and without the aid of a statute,u
The act creating the court of Indus
lrlsl Relations is not void under the
cons tuition of this state because of
ouailty OF subject or defect of title. or
because it commingles functions of son
arate departments of government. or be-
cause 1t attempts to enlarge the orig
added. ~
The business of producing coal in
TINS state bears an intimate relation to
the public peace, health and welfare, is
affected with public interest. and
may be regulated to the end that rea-
sonable continuity and efficiency of pro-
cuctlon may be obtained.
The court of industrial relations is,
in fact, a public service commission,
the word court having Been employed
merely as matter of legislative STRAIT
egy The production, manufacture and
distribution Of food, clothing and fuel
being industries affected with a public
interest, are made subject to regulation
IN the same manner as those indus
tries which have commonly been desig-
mated public utilities"
j In upholding the right of the In
dustrial Relations Court to enforce its
orders by mandamus action the opinion
continues:
''The Court of Industrial Relations il,
clearly a board within the meaning
Of the mandamus statute. The enter
ing of orders in respect to matters
committed to its jurisdiction is duty
resulting from Office, trust or station.
The tribunal appointed to make orders
in the field of relations having already
functioned, application to it no longer
affords remedy in the ordinary course
of law for such cases"