Evening star., 1922-09-17
Industrial Courts
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BY SAMUEL GOMPERS.

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pute. This Of itself does not indicate
any great activity on the part of the
court The governor proceeds to say
that 80 per cent Of the decisions OF
the court have been satisfactory 10
both sides. This statement is OBJ
viously untrue. since. in the only
important industrial disputes which
have occurred In Kansas since the
law went into effect the court has
been absolutely unable to either spre
vent Il stoppage of work or to ad-
Just the differences leading up to that
stoppage.
Ir.y,. ave been only three cases OF
Importance before the court. These
important industrial disputes in Kan
sas during the life of Gov. Aliens
court have been in the packing in
du3try. in the coal mines and on the
railroads. The Kansas law has
proven an absolute fiasco in all of
these three cases. Particularly has
this been true in the case of tn. coal
mining industry and in the case Of
the railroad shopmen. Not long
since Gov. Allen in a telegram to
President Harding made the state
ment that SO per cent of the miners
in Kansas were at work. I presume
IS
admission that 50~ per cent of the
miners of Kansas were on strike. 1t
may be interesting and illuminating
to tell the whole story.
Facts Of the Coal Strike.
Some months ago the miners OF
Kansas. then under the leadership Of
Alexander Howat. went on strike
against u decision of Gov. Aliens in
dustrial court Because of this Alex
Subsequently the United Mine Work
ers of America in convention sus-
tanned a decision of the national Off
GERS to the effect that Howat had not
taken advantage of all of the pro-
visions in the agreement with The
employers before putting the strike
order into effect. Howat and the
miners in his district were suspend
ed from membership in the United
Mine Workers of America in pursu
ance Of the decision Of the United
Mine Workers of America that they
had not abided by all of the terms
OF the agreement with the employers
The miners thus suspended ceased TO
belong to the miners union. They
could not work under union condi-
they were at liberty to work. and
naturally they went to work.
In Kansas, therefore, the miners
who were at work were the miners
who originally struck against a de-
cision of the industrial court and
who were suspended from their or
ganizataion. not for their opposition
% the industrial court. but for trans
sression of the rules Of the union
providing for the fulfllment of con-
tracts. Gov. Allen can scarcely take
much credit for his Industrial court
from that situation. 1t is not be-
cause there is an industrial court in
Kansas that so per cent of the miners
We're at work during the strike, nor
did the court find itself able to pre-
vail upon the so per cent who were
on strike to return to work. The
court has proven itself powerless to
either prevent a strike or to end a
strike. Gov. Allen is singularly silent
about these important facts.
The governor points out that the
law forbids picketing in Kansas and
he says that there has been no pick
citing. Since picketing is always a
result of strike and never the fore
runner Of strike, il would be a small
achievement indeed If the court. ann
ing at the prevention of strikes, were
compelled to content itself with the
picseHtloH Oh plChetlHR.
A Confession of Incompetency.
In the case of the strike in the
packing industry in Kansas the court
of industrial relations was able to do
nothing except withdraw from the
field and allow the dictatorial en-
ployers to exercise the full scope Of
their economic power Three or four
days following the posting of notice
by the packers that the wage reduc-
ton was to go into effect the court
issued temporary order. presum-
ably Commanding that the status
quo" be maintained pending investi-
cation and final decision. No visible
effort was ever made to enforce the
order and no final decision was ever
rendered. The court apparently real
;Zed its own futility and abandoned
the case.
abandonment Of picketing-and GOV.
Allen says there has been no picket
ing-the court merely convicts itself
of fagraft bias and proves its own
unfitness for any part in the adjust
nent of industrial disputes.
am reliably informed that the
chairman of the court remark I'd
in progress for some time that the
court settled the strike by en-
forcing the pickettng law. If such
is the case. it would be difficult to
imagine a procedure further re-
moved from the realm of justice, in
aSmuch as no pretence is maue that
the court attempted to determine the
merits of the controversy with a
view to making an award fair to
the workers.
In the case of the railroad strike
Gov. Aliens institution has been no
more effective than it was in the
coal and packing house strikes. In
the city Of Topeka. kans.. more than
l. 900 workers left the shops of the
Atchison. Topeka and Santa Fc rail-
road and marched in parade forma-
tion through the leading streets of
the city. In the eyes of the law. par
ticipation in this departure from the
shops and in the subsequent parade
was a crime. No effort has been
made. nor Is any effort likely to be
made. TO arrest any one OF that band
of 1000 "criminal'' workers by the
tented himself with spectacular or
der for the arrest of William Allen
White. who had displayed in his win
dow a placard expressing sympathy
for the strikers.
A Law Tint Means Slavery.
The law Is a failure. Designed to
prevent strikes. it does not prevent
strikes. Designed to compel the con-
tinuous operation of essential indus
tries, it complicates rather than SIM
plifies the situation. Designed to
compel men to work. to forego rights
guaranteed by the Constitution to
prevent any possible injustice, 1t fails
of its object. Designed to provide
employers with workers who must
not and dare not cease their work
nndar any nrOYocatiOn the law fails