Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-04-14
ANTI-STRIkE LAW
RESTS ON VIOLENCE
AND SHEER BLUFF


Topeka. kan.--The Allen cant
strike law is violent statute. II
rejects moderate methods. II makes
no attempt at mediation. Even its
friends do not think the Law can be
fully enforced. To create crimes which
no one expects to punish is simply
not honest. IL Is sheer hluit.
The above were few of the blows
delivered by c. ]. Evans, attorney for
the Bell telephone company, IN his
discussion with Judge Higgins OF the
industrial court before church for
um in this city.
Mr. Evans said the fallacy which
underlies the industrial court law Is
demonstrated in its very name. IL h
called court, but Justice Burch OF
the state supreme court says, 1t Is
simply an administrative board, and
that il Was called court "as a mat
ter of Legislative strategy"
THAT is To say" said Mr. Evans.
"the authors of the law We're guilty
of false pretensc in the very act Of
bringing it to life.
lit Is the business of court To
settle controversies over legal rights.
In so doing il makes findings AS to
the facts and then applies predeterm-
ined rules to these facts.
"A so-called labor dispute is some
thing altogether different Neither
party contends that the other de-
prives him of a legal right which can
be settled by applying some rule OF
law TO the facts. Neither employer
or employee claims that there is any
existing rule of law which, when ap-
piled to the facts, will determine Just
what wages must be paid or what
working conditions must be. Each
party simply claims the right TO bar
gain and the right to contract If the
parties can agree. II the parties can
not agree the workmen claim the
economic privilege of Withholding
their labor. A strike In itself liz not
an act of violence. 1t Is simply the
withholding of labor, due TO the fail
ure to come to an agreement.
"The judgments of courts do not
furnish the basis Of future business
dealings between parties. A law suit
| generally contemplates termina-
ton of business relations. When a
business partnership is ready for the
court IL is ready TO dissolve and goes
to court for final settlement.
"The court of industrial relations
law is violent statute. II breathes
anathemas all the way through. II
elects moderate methods. Its chief
dependence Is the criminal law. Even
its friends do not think the law can
be enforced fully. II ten thousand
workmen strike the law makes of
their action ten thousand misdemean.
ors, subject to ten thousand fines and
| Jail sentences. Nobody expects that
such law will be fully enforced. To
create crimes which no one expects
to punish is simply not honest II
is sheer bluff.
| "There have been only two severe
labor controversies in Kansas since
the law was enacted, that IN the coal
fields, and the case of the packers
industry. In the case of the packing
employees strike the failure was
humiliating.
In that case the court made tenn.
porary order as a basis for temper
airy conduct of the industry while ths
court should be engaged in investl
cations to determine what permanent
order fixing wages and conditions j
should make. Well, il failed TO en-
force its temporary order.
"Then, after making some inyesti
cations, the court utterly abandoned
its proceedings and made no perman
ent order whatever.
IT had to face the probability o
having to put some Of the manager
of the packing companies in Jail an'
it straightway lost its nerve and RAJ
away"