The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-05-06
Supreme Court Hears Argu-
mentS in HOwat Case.
Appeal Will Be Determined in
Special Opinion.
KANSAS MINERS IDLE TODAY
Half of Workers at Pittsr
burg Quit Work.
Court Act AttackeS
by Howat Attorneys.

Judge Curran OF the Crawford b
county district court invoked the right
of injunction beyond the powers pro-
vided by the constitution, according to
arguments presented to the supreme
court today by attorneys for Aiexan-
der Howat. The latest Howat appeal
was submitted to the supreme court
today and will probably be determined
in a special opinion. The appeal was
taken when Howat was cited for con-
tempt for calling a strike in the Pitts
burg district in violation of an injunc-
ton.
Affects Jurisdiction of Court.
Redmond S. Brennan of Howat's
counsel urged before the supreme
court today that the right of injunc-
tion could not lie in efforts to stay
commission of a, felony. He said that
if Howat should be found guilty OF
calling a strike and the industrial
court act declared valid. the penalty
would be a prison sentence. Courts.
Brennan declared, could not issue civil
writS to block commission of a felony
Brennan's statement brought u
series of questions from Justice John
S. Dawson. He asked if injunctions
had not been employed in blocking
the liquor traffic. Brennan replied
that the property and not the individ-
u.
injunctions against individuals were
for commission of misdemeanors and
not against commission of a felony.
What would you say in injunctions
against gambling Brennan was
asked.
II have searched the records in
such cases." replied Brennan, "and
can find only that the injunctions were
issued to cover the nuisance act."
Attacks Industrial Court.
Arguments in the Howat case start
ed during the morning session and
were resumed this afternoon follow
, ing a two hours recess. The indus
trial court act generally was attacked
| by Howats attorneys.
Counsel for the state, including
| members of the attorney generals
staff, the legal department of the
court of industrial relations aad Fred
Dumont Smith of Hutchinson, en-
ployed specially by the state, urged
that Judge. .Curran was within his le-
gal rights in issuance of the injunc-
ton and his subsequent citation of
Howat for contempt. Howat was
cited several weeks ago when a strike
J i'll the Crawford county coal fields was
| ordered. Several months ago the
| state had enjoined the issuance OF
strike orders by heads of the Mino
| Workers union in the district
Expect Special Opinion.
The first Howat appeal attacking
validity of the industrial court law is
now before the United States supreme
court. The supreme court had spea
c1ally assigned the Howat case for ar
1gument today. 1t is probable that the
court will hand down a special opin-
ION IN the case some time this month.
Failed To Charge Offcnsc.
Aside from citing alleged errors in
conduct of the trial before Judge Gus
ran, Howats attorneys argue IN their
! brief that the accusation failed to
charge an offense, since the Industrial
court law, violation of which is en-
! joined, is void. This act, 1t is con-
TENDED, is unconstitutional for these
reasons:
1t contains more than one subject,
and various subjects are not clearly
| expressed in the title.
It violates the Kansas constitution
, in that it attempts to enlarge the orig
inal Jurisdiction of the state supreme
court.
1t commingles the functions of the
three great departments of govern
ment.
1t is an attempt to interfere with the
constitutional right of liberty of con-
tract and thereby violates the four
teenth amendment to the constitution
| of the United States.
/ 1t is an attempt on the part of the
state to usurp control of matters pure
4
eral government.
It violates the federal constitution
in that it permits involuntary seryi-
! tude.
Coal Miners Are Idle.
PiLtsburg, Kan, May 6.-About half
I Of the Kansas coal mines that have
! been working during the past week
/, were idle because of the Howat hear
: ing in the supreme court at Topeka
/ today.
/ The announcement that the mines
j were idle was made at the Kansas
headquarters of the Southwestern In
! terstate Coal Operators association, 10
which practically all Of the operators
of the three southwestern districts be-
long. The Kansas district of L. NJ. w.
A. long has observed the custom of
refraining from working when any Of
ficial of the union is OF trial. The
custom was fully observed when How
lat faced trial here last month and in
February last wear