The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-03-13

Pittsburg, Kan. March 13.-Aiex
Howat, deposed president of the kan
sas Miners union. left here yesterday
with the intention. It was said. OF go
ing to New York to campaign against
the industrial court law proposed in
that state He had just returned TO
Pittsburg from Oklahoma. where he
spoke at several meetings of the
miners.
Washington, March 13.-The Kan
sas court of Industrial relations is in
no conflict with federal statutes, the
supreme couKt of the United states
said today in dismissing an appeal by
Alexander Howat and other labor
leaders of Kansas.
Doesn't Decide ConstitutionaIity.
The opinion of the court, delivered
by Chief Justice Taft, stated that the
questions of the constitutionality OF
the Kansas statute creating the court
of industrial relations, and prohibiting
strikes in the settlement of labor dis
putes were not brought before the
court in proper form for it to pass
upon them.
The effect of the refusal of the court
to dispose of the appeals on the is
sues which Howat and his associates
sought to raise, will be to leave ef-
fective the decision of the lower courts
holding them in contempt for refus-
ing TO appear DelOT6 court OF III
dustrial relations and holding them in
contempt for ordering strike after
they had been enjoined from doing so.
Acts as Grand Jury.
The conviction of Howat August.
Dorchy. Thomas Harvey. and Robert
B. Foster, all leaders of the U. NJ. w. A.
in Kansas, followed their refusal to
appear before the court of industrial
relations of Kansas and give informa-
ton in an investigation of mining con-
ditions made upon complaint of MEM
bers of a labor union of which they
were officers.
The state court held them in con-
tempt and sentenced them to Jail until
willing to testify. Chief Justice Taft,
in delivering the opinion. said;
Can't Pass on Act
I'VE are Of the opinion that in nei-
ther case is the KaI@-gs law creating
the so-called court of industrial rela
tions presented to us in such a way
that we can pass upon the features OF
that act which the plaintiffs in error
(Howat and his associates) insist vio-
late their rights under the federal
constitution" "the plaintiffs
in error urge that the whole law is
void If the compulsory features are
found to violate their constitutional
rights, but the express provision of the
law itself prevents such conclusion
and at any rate, the finding of the
state court on this point is conclusive
on us.
This being so. the plaintiffs in err
ror do not and cannot contend that
the Kansas legislature had not power
to provide a board to investigate in
dustrial relations in certain industries.
The court pointed out that "a wit
ness called before a grand jury to
testify in respect to criminal violation
of a statute cannot avoid his obiiga-
tions to testify by pleading that the
statute creating the offense is uncon-
stitutional."
Decision of the United States su-
preme court today does not change
the status of the Kansas industrial
court law or give new judicial inter-
probation Of it's provisions. The United
States supreme court merely held In
the cases recently submitted that no
question involving the federal consti-
tuition was involved and dismissed the
appeal.
Other Howat cases, as well as the
Wolff Packing company case. are to
go before the higher tribunal later. Il
is admitted by state attorneys that
constitutional issues are involved in
the Howat appeal from Cherokee
county and in the order OF the indus
trial court in the Wolff Packing COM
Tany case affecting wages. hours and
working conditions of employees. Even
Howats attorneys admitted that con-
stitutional questions in the cases de-
termined today were quite remote.
Their hope for decision affecting con-
stitutionality of the law is in later
appeals.
1T is too bad. I am very sorry
the court didn't go into the question
of constitutionality of the law" said
Judge w. L. Huggins. presiding Judge
of the industrial court, today. The
comment OF Judge Huggins was made
when text of the press reports from
Washington was given to him by The
State Journal.
State officials who have closely fol-
lowed the cases were disappointed
when the court merely dismissed the
appeals. While decision of the state
supreme court is decisive in the How
at appeals, there was hope for a de-
termination in the cases submitted IN
Washington last month. Remaining
HoWat cases and the Wolff Packing
company case may not be presented to
( the United States supreme court until
some TIME next winter.
Standard oil Hikes Retail Gas.