The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-06
Hear WOLFF CASE
Authority of Industrial Court
VIII Be Tested.
Law Under Fire.
is AN IMPORTANT BATTLE
Packing Company Claims Loss
of $500 Per Week.
Case Will Probably Go to United
States Supreme Court.

Authority of the industrial court in
the fixing of wages and minimum
hours of employment are issues in
volved in the Wolff Packing company
case which was today presented to
the state supreme court. Constitu-
tionality of sections of the new court
act are under fire by the packing
company. Attorneys for the company
today urged that the legislature ex-
I tceeded its constitutional authority in
enactment of a law which permitted
fixing of wages higher than prevailing
markets and establishment of working
hours without consideration of pro-
duction demands.
An Important Battle.
In almost every detail the Wolff
case is the most important battle faced
by the new industrial court Hun
dreds of columns of space have been
given to the Howat cases. Yet law
yerS who are recognized authorities on
constitutional questions, have looked
to the Wolff case to settle the real is
sue as to powers of the new court. The
case has created further interest in
view of the fact that this attack is
from the employing organization while
former fights on the court law have
been waged by the employees
When the Wolff case was decided it
wage which the company asserted was
higher than the same service could be
bought in the open labor markets. 1t
also provided workers should be af-
forded minimum as well as maximum
hours of employment. Constitution
ality of the law is questioned under
the claim that no provision was made
regarding normal supply and demand
conditions affecting the packing in
dustry.
Increase of $500 Per Week.
The new order is declared to have
meant an increase of $500 a week in
labor costs for the company. Recent
ly the supreme court was told in argu-
ments in chambers that it had pre-
sented it's books to the industrial court
for inspection as to operating reve-
nues and expenses. The order1-was
declared to have been issued without
investigation of revenues. 1t was also
urged that one set of judges heard
evident in the case, while another set
handed down the opinion. This situa-
tion was due to passage of the court
divorce bill while the case was pend
ing before the former court
When the order was Issued the
company faiIet to carry out it's pro-
visions. Recently the company
brought action before the supreme
court asking for an alternative writ of
mandamus compelling the industrial
court then sought a peremptory writ
to compel carrying out of provisions
of the order.
May Go to o. S. Supreme Court.
1t is almost certain that the case
which was submitted today will be
finally tested in the United States su-
preme court.
Recently Col. John S. Dean, at re-
quest of the supreme court, filed an
amicus curiae brief attacking consti-
tutionality of the court law. Colonel
Dean is attorney for the Associated
Industries. His relations with the enl-
ployers' organization, tho. were not in
volved in the filing of the brief. The
employers organization has refused to
either endorse or oppose the court law
in this state, altho it has urged other
states to suspend judgment regarding
the issue until the question could be
fought out in Kansas
The present case affects the wage
and hour fixing power of the court.
None of the big issues in the Wolff
case were raised in the Howat litiga-
! ton.