Evening star., 1922-10-21
EMPLOYERS FIGHT
! INDUSTRIAL COURT
Kansas Labor Law Inter.
feres With Conduct of Busi-
ness, They Claim.
SEEK HIGH COURT TEST
No Wage Scale Can Be Enforced
by State, Is Conten-
ton.
SEEK HIGH COURT TEST
BY DAVID LAWRENCE.


TOPEKA, Kan. October 21.-Em-
p,oyers have had about as much to
say in criticism of the Kansas INDUS
trial court law as labor leaders
Each cries out against RESTRICTION.
The labor leader says the right 10
strike is impaired, and the state an
Ewers that this is true. only in indus
tries essential to the public welfare
and that any indivual is free to quit
work, but must not conspare with
others to do the same.
Taking away certain privileges
from labor has meant depriving capl-
tai of certain rights, too.
Any firm or corporation or business,
for instance, which limits or sus-
pends or delays" continuous and EN-
cient operation" for the purpose oi
svading the purpose OF the Kansas
Industrial law is subject to severe
punishment.
Limiting Operations.
One section of the law reads thae
1T shall be unlawful for any per-
son, firm or corporation engaged In
the operation of any such INDUSTRY
essential industries being Hsted)
wilfully to limit or cease operations
for the purpose of limiting produc-
ton or transportation or to anect
prices for the purposes of aVololhS
any of the provisions of this act, put
any person, firm or corporation 80
engaged may apply to said court oi
industrial relations for authority 10
limit of cease operations, statins the
reasons therefor, and said court ot
industrial relations shall near salo
application promptly. and II SAID ap-
plication shall be found to be In good
faith and meritorious authority 10
limit or cease operation snail De
granted"
The foregoing gives the s'ate
sweeping powers over essential m
dustries. The theory back OF the law
is that it is necessary for the pubic
welfare. The supreme court or Ran
sas in a recent decision points Out,
however, that no firm lis compelleo
to operate it's plant at loss. nor Is
it prohibited from changing ITS ousi-
ness, nor from quitting the business
IL it desires to do either Of the Things
in good faith, not intending thereby
to violate any provision OF the act;
In other words. the employer mas
employe has. But no employer can
conspire with another to limit pro
duction, nor can be plOte alone TO ahect
prices by shutting down his plant ana
limiting production.
Many employers who are fighting
the Kansas law fear this provision
They are afraid, as Gov. Allen says.
that such a law might limit thelr
profits and that profiteering oy llinl-
tation or suspension OF proouctloN
will be punished. The state OF KAN
sas is seeking to prevent the laoor
leaders from abusing the monopoly
thew have on the collective use OF
organized workmen and to en1o1n EN-
ployers from abusing the freeoom oi
contract which they have enjoyed IN
bargaining for labor. both Wneh the
public welfare is threatened
Test OF Law Near.
OF far-reaching Importance. too. is
the states power to take over any
essential industry and operate H.
Thus far this has not been necessary
except in coal mining. This year tne
state OF Kansas, by virtue OF the
mower that 1t has over employers:
succeeded in getting from the the cHas tna
nrice of coal would not be increased
over the price of 1921.
The few cases that have been ap-
pealed by employers will furnish
test of the future of the law. Ine
agreement Is to pc maoe IN e. tne S ~
example, that no state can force any
concern to pay wages which 1t does
not wish to pay. The contention Is
that this takes property from an IN
dividual without due process ,i OF tne
law and is contrary 10 the Aeoo'
Constitution.
Rut the state of Kansas is prepar-
ing to fight the case and eminent
counsel have been engaged. Inc oe-
cision of the state supreme court up,
held the validity OF the inoustIiai
law on the ground that railroads nave
long been subject to regulation and
forced to accept certain schedules OF
rates. and recently the federal courts
upheld the constituttonalfty OF tne
TRANSFORMATION act, which gave the
United States Railroad Labor BOARD
the mower to fix wages and working
conditions
Employers do not like the restrtc-
tive features Of the Kansas law, Dut
here again if the power Is abused
il will be revoked by the people just
as would be the case II iaDor were
injured by the rulings Of a one-slded
court.
Law Is Popular.
The public as a whole, for whom
the law was put on the statute book,
d5rssction. dsa Whether it must be
amended as the experiment develops;
whether too much power has oeen
granted the % state or o TOO 20 ne,,i none;
can be maintained at a high stand
ard-au this will depend upon the
experience of the next few years.
But. broadly speaking. the law is
popular with the majority and the
effect on other states has already
been apparent.
when monopolies became burden
some. the law OF corporations ana
trusts came into being. When labor
and capital begins conspiring to
affect prices and the supply Of ne
cessities, the state steps, In and regu-
lates, That's what Kansas has done,
and one OF her sons. Representative
Hoch. has introduced bill provid-
ing for a federal court along the same
lines. Various states are taking 1t
up. But state protection Of the pub
lie in labor controversies is fact
in Kansas, and 1t is effective besides.
fCopyright, 1927