The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-04-20
Judge Higgins Says Industrial
Court Has Broken Down.
His Statement Is Singing De-
nunciatiOn of Labor Court.
DECLARES STATE FACES CRISIS
Situation Same in Kansas as in
Other States, Is Claim.
Governor Allen Refuses to
Comment on Statement.

Presiding Judge Higgins asserted
in a formal statement today that the
industrial court had broken down and
that nothing of prime Importance
has yet been accomplished in the coal
situation" He referred to the work
of the court in the Howat sympathy
strike of last winter as fiasco which
cost taxpayers $4,000. Ousting OF
Howat and Dorchy, he declared. has
merely resulted in a change OF mas
tetrs in the miners union.
Judge Huggins's statement-by far
the most singing denunciation of Ia
Dor court work by any Kansas official
demands that property, life and
welfare of the people be protected
thru immediate Intervention by the
state. He asserts that the state faces
strike of 1919. Efforts to date have
failed to produce results, he declares.
THE coal situation in Kansas today
is no different from that which eX-
lists in states which have no industrial
law" he says.
In his statement Judge Higgins ap-
proves use of troops in the coal fields
last winter. He urges an immediate
hearing with a view of working out a
program which will permit operators
to reopen the mines. If the operators
cannot meet the sitpation Judge Hug
gins proposes that the state again
take over the mines. The fiasco OF
last winter which cost the state 500
600 and brought no permanent relief.
should not be repeated" Judge Hug
gins declares.
Governor Allen Refuses to Talk.
Governor Allen refused to COM
ment on the Higgins statement.
Judges McDermott and Crawford may
make a statement later. Judge Hug
gins in his statement regarding the
coal strike situation as it effects Kan
sas said in part:
THE operators admit that they are
unable to produce coal except in ac-
cordance with the demands of the
unionized workers.
This condition of affairs has exist
ed tor many years, has caused such
increase in the cost OF producing
coal as that the price to the domestic
consumer is at least 25 to 80 per cent
higher than it would be under normal
operating conditions.
1T is impossible to shake off the
tyranny above stated, and relieve the
people of Kansas from this unjust
burden except by gorgeous and ef-
ficient enforcement of the Kansas in
dustrial law, and then only by ade-
quate and permanent police protection
which will assure men who desire to
work independently that they will be
protected in their persons, in their
property, and III their homes.
Military Intervention last winter,
which cost the state approximately
$4,000 was necessary to protect life,
liberty and property, but its only per-
manent effect was to enable the in
ternational officers of the United Mine
Workers of America to eliminate Mr..
HoWat and Mr.. Dorchy and to reor-
ganize the district thus the people OF
Kansas changed masters and nothing
more. The same tyrannical control
ofsthis essential industry remains and
the same conditions prevail today that
prevailed in the winter of 1919, and
nothing of prime Importance has yet
been accomplished in the coal situa
ton by the administration of the in
dustrial act.
THE coal situation in Kansas today
is no different from that which exists
in states which have no Industrial
law
The temporary order made by this
tribunal on March 80. 1922. continu-
ing in force and effect the alleged
contract for the production of coal
has been treated with the utmost con-
tempt by the United Mine Workers OF
America. This should not be surpris-
ing. 1t Is the usual attitude of that
organization toward the industrial law.
Urges Immediate Action.
II, therefore. most earnestly urge
that this tribunal take immediate ac-
ton by calling before It the operators.
taking testimony upon the subject as
TO the best method to be pursued IN
order to resume production of coal in
Kansas DY ln0epende lent coal min era
without regard to the United Mine
Workers Of Am erica. but giving pref
erence to the. miners now in the dis
trict. II the operators can resume
production, paying a fair wage under
fair working conditions, then this trf-
bunal should ask the governor i'm
mediately, under the provisions Of the
state law. to provide a thoroly eff
cient military police force from the
body of the national guard, few IN
numbers but efficient in personnel.
to cooperate with the local peace Of
ficers in giving ample and permanent
protection to all who may desire to
work.
military police are necessary be-
cause the state has no civil police
force for such purposes. If the oper-
ators cannot in such way resume pro-
duction. then this tribhnai should take
steps Immediately, under section 20
of the industrial law. to take over the
industry fempora rily and operate II
during the emergency. Jte IS idle 20
say that We can wait in this progra m
until the people are in actual need OF
coal. II We are to shake off the
tyranny which has oppressed the peo-
pie Of this state for years. we must
reorganize that industry and reorganf-
now. we may find ourselves at the be-
ginning of winter in the same condi-
ton that we were in at the beginning
of winter in 1919. The fiasco Of last
winter which cost the state $4,000
and brought no permanent relief
should not be repeated Prompt. Wig
orous and persistent enforcement OF
the industrial act will bring perma-
nent relief"