Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-10-19
REPUBLICANS SURE
Of KANSAS VICTORY
BY SAFE MAJORITY
BY DAVID LAWRENCE
Leased Wire Service to The Journal
(Copyright 1927

enthusiasm, indignation satisfac'
ton.
In 1920 Republican majority for
Henry j. Allen was 100000. Indif'
ference as we'll as the effect OF state
.ues will reduce that figure some
what. Conservative estimates are
made that w. Y. Morgan, Republl.
can, will be elected governor by q
vo.e of from 10000 to 100000 to sue.
coed Governor Allen, Who was not a
candidate for a third term.
Ar the farmers sympathetic with
capital or labor? They showed in
the primaries t-let they had felt the
ill-effects of the last rail strike. The
tie-C in transportation las added
to the farmers list of grievances.
This industrial court problem is
still in the experimental stage. La
Dor is fighting the scheme hard and
the state employers association is
finding fault with it, too. OF the
cases which have arisen, the en-
ployer side has found the court rul-
ing against them in most cases than
.
Industrial Court Issue
The lineup in the election in the
industrial court issue is not clearly
defined. The. Republican nominee.
of course, is IN favor of the main
tenance of an industrial court. The
Democratic candidate criticizes 1t
severely. Labor will be Democratic.
But the farmers and other elements
rf m hn ,o1I
as means of ending strikes, will
swing the election for the Republi-
cal ticket.
election contest, IL indeed it can be
called that in Kansas this year, are
some phases of the industrial court
law. The supreme court of this
state to which appeals can be taken
directly from the decisions Of the in
dustrial court will be kept busy with
preme court of the United States
will have the final say in many Of
the disputes. For example the Wolf
Packing company, of Topeka, is ap-
pealing to the supreme court of the
United States on the ground that the
wages which the Kansas industrial
court ordered it to pay are too great
and do not permit fair return on
capital Invested and this, it is al
legged, constitutes a confiscation of
property without due process of law.
The controversy between William
Allen White, editor of the Emporia
Kansas) Gazette, and Governor AL.
len, or rather the state Of Kansas,
for Mr.. White is under arrest for
q n Nf til
ting provisions of the law, is likely
to come to trial in a few weeks.
Many Such Posters
Investigation Of the circumstances
surrounding this extraordinary Incl
dent brings out the fact that the de-
tenders of the law believe the coun-
try generally received a wrong i'm
preston of the case at the outset.
1t is argued, for instance, that if
Mr.. White had placed a placard in
the window of his newspaper office
declaring sympathy with the strik-
ers and if this had been the only
placard in town, nobody would have
paid any attention to it but that the
poster was one Of a great number
placed in stores to intimidate strik-
breakers and make them believe the
tradesmen would not sell them neces-
stiles of life.
Mr.. White denies this was done
in Emporia, though he admits many
posters had such a purpose in New
ton, Kansas, and that he took pains
in his newspaper to denounce the
thing.
The states line Of argument is
that there are plenty of wartime
decisions IN the supreme court of
the United States UNFOLDING the
courts against those who preacher
law breaking. The theory is that
W lille a bill is in the making, it can
be debated thoroughly but when
cnce it is on the statute books 1t
must be obeyed and nobody can law
fully preach disobedience of such a
statute. The Kansas industrial!
court act is as much law as any.
thing else on the books and the Of
tense charged against Editor White
is that he. preached disobedience of
the law by encouraging strikers.
Curiously enough, Mr.. White
printed q fac-simile of the same
rlacard in his newspaper but was
not hauled in court for that. There
are some lawyers who believe that
he might be held as IN violation of
the Kansas law even for publish
ing anything that can be construed
as directly encouraging the break
ing Of law.
Daugherty's Opinion
This is the realm, however, Ct
delicate justice. Courts have held
variously on this phase of the mat
ter and Attorney General Daughe ty
had the same notion as did Governor
Allen when the first injunction was
applied for against the shopmen.
Meetings and strike instructions
were in themselves innocent acts so
long as they did not encourage in.
eruption of interstate commerce.
in Kansas, the posting of placards
is in itself lawful when the object IS
20 express sympathy for worthy
cause such as starving Armenians
but it is unlawful to express SYM
rathy with striking Kansans.
If the principle involved were not
greater than the personalities in
volved, it would be easy to dismiss
the case on some Of the numerous
technicalities in which courts seem
to take refuge when they want to
evade an issue but the question is
clear cut and will be carried all the
way to the supreme court of the
United States before it is finally de-
cided.