The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-10-20
Nv DAVID LAWRENCE.

uucti0U az Necessities Oh Liz.
Rv DAVID LAWRENCE.
fcpccfaI Deenatth To The Reformer)
Copv ight 1922.
This is the second Of a series of three
dispatches on the workings Of the Kan
sas court Of industrial relations, the
principles Of which are likely to furnish
a basis for discussion when congress re
c0nyenes)
TOPEKA. Kan. Oct 2O.-Law
springs from public necessity-the we'd
fare Of the greatest number, The Kan
sas court of industrial relations grew
out of q coal famine two years ago. La
bor has been hostile from the start. In
this despatch the writer will attempt to
give some of the reasons why labor looks
with distrust on the Kansas law of com
pulsory adjudication of disputes in es-
scutial Industries.
Labor feels that the strike weapon is
an indispensable part of collective bar
gaining and contends that there is no
such thing as a negotiation on even
terms f one side knows the other has no
leverage with when t0 enforce its terms.
Governor Allen and his associates in
the industrial court expPdhent answer
with the statement. first, that strikes are
permissible i'm all industries except
tlo~e directly producing public distress
and thar there is no need of the strike
weapon when the state itself undertakes
to enforce labOrs side of the CoutrO-
yerSy. if if is just.
Broadly speaking. labor has little CON
tdcHce in courts of any kind and is sUS-
picious of most tribunals set up to set
al 81 10 L.
>an-or rather. labor leaders are. and
hence a fear Of an adverse verdict often
aCtuatcs the spokesman of organized Ia
nor when they insist ON using the strike
weapon. Instead of resorting to tri-
hunalS they argue that there is no re
straint ON the bargaining powers of the
employer when he takes advantage of
economic conditions to enforce lower
wages.
Courts View of Labor.
Perhaps the clearest exposition of la
Dor philosophy is contained in the de-
ci-Ion Of the supreme court of Kansas
which upheld the conviction of ApXan-
der IIowat. on charges of contempt but
which had this to say on the attitude of
labor:
THE mining industry is not gultess.
Some who have engaged IN il had no con-
cepti0n of public service. They mined
coal for profit. They were interested in
limited UTUtUCFlO0. because IT was De
Heved TO occasion high prices. They
We're not greatly concerned about cost,
because the public paid the bills. This
attitude resulted i'm chronic misma mage
ment and they had no part in what they
regarded as sentimental movements for
ameiiuration. Miners were exploited
through OvprW0Tk and undPFpay through
company stores and oppressive regula-
tious. through inadequate safeguards and
accidents which took the form of hOlO-
cauStS. through bad sanitation and bad
housing. and through long and unneceS
sary periods of enforced idleness.
The miner had no capital except his
capacity to labor. His situation was
such that he was obliged to accept what
ever terms and working conditions were
offered him. His liberty to quit work
and go elsewhere if not satisfied with hls
employers terms was pure myth anC
Tn0ckprv. He could not even GET in tOuCl
with the superintendent to talk over hi
grievances. If by some fortuity he dix
80 and contended too long or too siren
uously. he was discharged and if al
American citizen. it was likely his place
was taken by a foreign immigrant. A
an individual he was helpless, but he hat
to live. His only remedy appeared to b
to federate with others and take suci
drastic action as would extOrt from hi
employer some measure of relief from
conditions which could not be endured
Law Reaches Both Sides.
The Kansas court of industrial rela
tions is an attempt to get justice for tn
workman in his relations with the EN-
plover and the law is powerful enoug
10 make the employer obey, too. The
why is labor hostile? Mostly becaus
the leaders have implanted a belief tina
the Kansas court viii not do what
says it will.
Il F.F TF,lvv aNp1
relations have been brought by employe
and that out of A cases, 43 have bee
accepted WITHOUT further argument
though there are no court costs for Ell
ploypr or employee in appealing the cas-
to the supreme court of the state.
Rank and file of labor is in a receT
tive mood Champions of the industria
court have found attentive audiences G
working men ready to hear the true OF
iectiycs Of the new law. Labor leader
have natural fear. that if the kansa
court can represent the cause of tn
working man equitably there will be n
further need for them. This is also
faIlacv for the Kansas court doesn
take cognizanCP of disputes in most moi
essential industries and there always ha
been and always viii be need for spokei
men to argue the case of organized il
Dor. and conduct negotiations for larg
groups of workers.
The new law simply says that ina
much as public utilities had to be regl
lated By commissions and boards i'm O
der that the public might not be gouge
on such necessities as heat light an
power. 50 also must the public be pr
tacted by state industrial boards or con
missions for the Kansas court is real
am administrative commission and j
dicial tribunal combined, in order tn;
there may be continuous production
the necessities of life
Study Kansas Pattern
Public utilities commissions have bee
created by practically all the states
the Union Industrial boards have be-
provided by several states. The Ka
sas pattern is being studied from Goa
10 coast
Collective bargaining says Il
Kansas supreme court, lis bargaining
an organization OF group of workmen
behalf of its members with the employee
FHLnt ttrir-iIara l. MI snallr. rainfnlsf cd Il