The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-13
''HARD BLOW TO COURT"
Decision Does Not Settle Amy Constitu-
tional Questions, Dean Says q


The following concerning the deci-
sion of the supreme court in the Alex
ander Howat case was written by Col.
John S. Dean of Topeka: '-i-
The decision of the supreme court in the
Howat case does not settle any of the con-
stitutiona1 questions that we have raised
against the validity of the Industrial Court
law. That case simply decided that, where
court of general jurisdiction issues an in
| Junction, it is a contempt of court for any
one to violate the courts mandate, ire
| rightly issued or not. In other words, the
orderly administration of justice demands
that. when court renders a decision, 1t
must be obeyed and respected until it is
| reversed or set aside by a reviewing trib
unal This is perfectly sound law. and was
the only issue really involved in the Hoecat
case. That the Injunction in this case was
issued in an industrial dispute, where
preme court has now held that the injunc-
ton was rightly issued, and the most eff
fective way to protect the public, and that
junction without reference to any statute,
is in my opinion, the hardest blow that
has yet been struck at the Industrial Court
law. 1t completely demolishes the argu
ments of Governor Allen and Mr.. Higgins
to the effect that it is necessary to deprive
the industries of this state of the freedom
own business, and put it into the hands
of state commission in order to prevent
industrial strife, waste and Interruptions
In the continuity of their operation. = 1t
demonstrates that complete and ample
remedy already exists in the injunctive
processes of the courts, which is very sim
pie. very complete, and promptly effective.
The court In its opinion says that Howat
and his associates had conspired to call
strike in December, 1920. which would have
been as disastrous to the public interests,
and to the public health and public well
fare as the one called the year before, and
which furnished the occasion for calling
special session of the legislature which
passed the Industrial Court law. The
threatened danger was entirely averted by
the timely Interference Of the district court
of Crawford county, thru the simple ex-
the carrying out of this unlawful con-
spiracy. The supreme court holds that
the district court of Crawford county had
the power to issue this Injunction without
reference to the provisions of the Industrial
Court law or any statute whatever. 1t is
pity that this simple and effective remedy
was not applied the year before instead of
permitting the unlawful conspiracy to de-
yelop until a public calamity was precipi-
| tated. in the excitement and passion of
which it was found possible to induce the
legislature to adopt a chimerical, uncon-
stitutional and paternalistic scheme for
placing three -fourths of the private indus
tries Of the state under governmental con-
troll and management. a scheme which 1t
Higgins has had in course of incubation
for at least ten years, only awaiting IA
vorable opportunity to foist it on the pub
lic--another forcible illustration Of the fact
that times of great public excitement and
passion should never be utilized for the
purpose of making laws.
The great bulk of the opinion in the
Howat case consists of obiter dicta in the
course of which the superb talent of Mr.
Justice Burch is seen at its best in a vain
effort to demonstrate that because of the
violence, outrages and contempt of law and
the courts, exhibited by criminal conspira-
cies on the part of certain organiza lions
of workmen, employed in our public utili-
ties and in the coal mines, it has become
necessary to rob the private industries, en-
gagged in the manufacture of flour, Keats
and all kinds of foodstuffs, and the manu-
facturers of shirts, oyeralls and all kinds
| of clothing, of their constitutional freedom
| Of contract and Independence in the man.
agement of their own business, and. place
| them under the management OF a state
commission.