The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-20
Ill N Il PkUBLEM
Whites Defiance of Industrial
Court of Chief Interest.
EmpOria Editor in Sympathy
for Railroad Shop Strikers.
GOVERNOR WILL NOT COMMENT
Allen Said To Be Trying to
Make Bill Be Good.
Judge Higgins Says He Will
Stand Behind Whites Action.
GOVERNOR Will NOT COMMENT

L Will w Allen w l1Ie take dOWn
his strike Symparthy sign?
| VIII he defy Governor Allen and
the Industrial court?
Win White be given extra time to
| think it over?
VIII he be arrested and prosecuted
/, If he holds out?
/ VIII state officials seek an "agree-
ment'' thru mutual friends in Err
poria?
viii White give bond or go to jail
IL arrested?
WIN state officials break on the
/ issue?
William Allen Whites defiance of
the industrial court law and subse-
Quent action by the state held the
main line for state house gossip
today. Even the mobilization of ad-
| ditional troops, the notice to coal op-
| orators to speed up production and
reports OF possible additional troop
needs failed to put the White prob
lem in the background.
Expresses Sympathy For Strikes.
In his newspaper office in Emporia
White has displayed a sign expressing
| sympathy for the railroad shop strik-
ers. He has defied Governor Allen,
his bosom friend; the industrial court
| which he has ardently championed; !;
| and refuses to remove the display.
| Governor Allen today declined to
comment on the situation. He called
a conference with the attorney gen.
eraI and Judge James A. McDermott
of the Industrial court. Later Judge
| McDermott left the conference and is
sued a formal statement. The attor-
ney general had nothing to say. The
governor refused to talk for publica-
ton.
| Wants Him to ''Be Good
Rufnors in the state house during
the day were to the effect that the govz
ernor was seeking to induce the En-
poria= editor to 'be good" and take
down the sign. Such a course would
| save embarrassment all around. But
| if White doesn't take down his sign
and the peace enissaries fail in their
mission, it will clearly be up to the
state officials to order his arrest.
That of course raises question as
to just what White will do in the mat
ter. - He has declared he is 49 per
cent for the strikers and expects to
get one per cent stronger every day.
If White fights the case-if he should
elect to go to jail and make test
case-it would be a complicated af-
fair. Also very delicate
Did World War. Together.
White and Governor Allen did the
world war together. Right in the
heat of Governor Aliens campaign
| for the governorship nomination
| White published a book which made
| Governor Allen a war hero. The
| Martial Adventures of Henry and Me-,
| was the title of the book which had a
| big sale. White has been one of the
administration advisers and managers
| and one of the strongest champions
of the industrial court.
| Presiding Judge Higgins indicated
| in formal statement today that he
would stand behind william Allen
| White, his fellow townsman, and
would support his position. The sec
| ond statement by Judge McDermott
was to the effect that the right OF
| free speech didn't mean the right to
! speak wrongfully and in a national
| crisis The McDermott speech was is
sued as the official Interpretation of
| the administration policy in the case.
McDcrmott's Statement.
Judge McDermott said in part:
| Mr.. White fails to distinguish the diff
| ference between legal and rightfuI free
| tfons and advocacy of anarchy and the
overthrow of the government do not come
| within the term free speech used in
/ the constitution. while the advocating or
| discussing of merits of an Industrial con-
| troversy does constitute free speech so
| long as such discussion does not take the
! form of advocating or in any way approx
ing the violation Of the law.
No one would attempt to prevent Mr..
| White from discussing the merits or de-
merits of the demands of the shop craft
gye his moral sGppor efSeE rectT ai o9 o
, by implication. to the shop mems action in
of his statement when he says, We are
for the striking railroad men," This con-
stitu6es fd ,i a direct and public approval Of an
on his part with the striking shop men to
continue an unlawful act and its effective
ness upon the public. Such a statement
when published and publicly exhibited by
a large number of people in the communi-
community to uphold and approve an un-
/ lawful condition, and menaees the en-
If Mr.. White desires to express his opin-
ion as to the correctness Of the labor
daRiafnn nj irfn ne m 10
: equities involved on either side of the con-
! troversy, no one has any objection, but
to an unlawful act and its continuance,
then he. like any other citizen, comes,
nn ne pale bo OF 19e LaW %hien en- sht
in the commission of any offense may be
charged. tried and convicted in the same
manner as if he were principal"
Statement by Higgins.
This statement from Judge Hug
gins:
The industrial court. so far as 1 know.
has taken no action whatever with regard
pressing sympathy with the strikers. If
any such action was taken, had no notice
@ tnaI .ne M. ~ ~nIatter was 70 pe conslasre1 ana
was not present at the session OF the
court. The same was true last winter
tereret fbe Wis an at1enpt ,,ce 70 IN
as to put miners who were not at work
in jail as vagrants at Pittsburg, All this
happened without any action Of the indus
trial court so far as know.
1 am going to Emporia this morning
for conference with the president of
the school board and local coal dealers
hoping that may be able to do something
as an individual to assist in getting coal
for the winter use of the schools in my
home town. While there will call upon
William Allen White and will tell him in
very pain and emphatic language that the
industrial court has taken no action upon
the matter, and far as any order of the
court is concerned, he is allowed to be
either 49 per cent or 20 per cent in sym
pathy with the strikers