New-York tribune., 1922-08-10
Country Needs
A Kansas Court.
Lawyers Hear
Originator, at Convention
of Bar Association, Says
1t Would Go Far Toward
Ending Present Strikes
Notables at Opening
Vice President Coolidge.
Chief Justice Taft and
Baron Shaw ON Platform

SAN FRANCISCO, Aug. "a need
for the better understanding of the
law as the peoples guardian and de-
fender, the champion of equal rights
for all, was the keynote address at the
opening of the annual American Bar
Association convention here to-day.
From President Harding came a mes
sage emphasizing the part to be played
by the legal fraternity in solving the
problems of the day; from Cordenio A.
Severance, of st. Paul, president of the
association, discussion of the. in
creasingly close touch Of the law with
human institutions, and from Fred Du-
mont Smith, of Kansas, an explanation
of the attempt of the Kansas Industrial
Court to settle controversies between
labor and capital.
A call for closer unity between Eng
lish speaking nations, to be fostered
through the medium of the legal pro-
fession, was made by Baron Thomas
Shaw of Dunfermline, representing the
English and Scottish bars. M. Henri
Aubepin, of Paris, who spoke on be-
half of the French bar, told of the rise
of judicial power in France.
William Howard Taft, Chief Justice
of the United States, and Vice Presi-
dent Coolidge were among those on
the platform. Dr. Rokuichiro Masu-
iima, Of Toxic, first president of the
international Bar Association, also at
tended.
Coming in the midst of railroad and
coal mine strikes, the story of the
Kansas Industrial Court, told by Mr.
Smith, member of the Kansas State
Senate and author of the law which
~ nI hn frjt i -
attention. Mr.. Smith said that the
courts procedure was entirely differ
ent from arbitration, which always
failed, because it included both sides
of the arbitration board and inevitably
resulted in diplomatic peace with
terms dictated by the strongest power
"The two main factors on which our
law rests are public peace and public
safety" he said "When a strike
threatens either of these, this court
begins to function. 1t unearths all the
causes which led up to the dispute"
One result of the operation of the
law, he said, was that Kansas City was
the only city where last winters strike
of packing house employees was not
attended by violence, and another that
trains were running OH time, railroad
shops were in operation and coal was
being mined despite the railroad and
coal strikes.
kansas looks with equanimity to
next winters coal situation," he said
"Our law declares food, fuel and
clothing are necessities of hfe," the
speaker explained, land, although the
right to strike is not denied, we forbid
any one to conspire' to- threaten the
public peace or health"
Governor William D. Stephens, in
his welcoming address, discussed what
he termed the peculiar need for
stringent immigration laws to bar
Orientals.
proposal made before the judicial
section by Judge Curtis D. Wilbur,
who advocated abolition of laws which
permit pleas of insanity as a defense
sion to-day. Judge Wilbur proposed
that after conviction, defendant,
upon suggestion Of insanity, be ex-
amined by board of allenists to de-
termine whether he be committed to a
state hospital or prison or be released
on probationary supervision.
The American people should be taught
that the Federal constitution and
laws and the courts that interpret them
do not destroy but nroserve their lib
critics, declared Mr.. !, .ance in open
ing the meeting.
A proposed constitutional amend
ment to prevent courts from declaring
laws unconstitutional he cited as a
sample "ofAan innovation that would
take away the liberties from the peo-
pie by giving Congress unchecked
power" He declared Influences from
soviet Russia were seeking to over
thro,T' the American government by
Fc"o" necessary.
49,, the proposed constitutional
amendment shotild be adopted" he said,
mot only would Congress have un-
limited right to deal with subjects that
have always been looked upon as be-
longing to the states and reserved for
their exclusive cognizance, but it would
wipe out the Bill of Rights and all the
protection that it gives to the people.
at is matter of real concern, that
the. American Federation of Labor
approved the proposed amendment, and
such action by the representatives of
so large an organization is sympto-
matte of a very serious condition Of the
public mind"