The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-10-19
Kansas Law
May Become
Nationwide
tThis Is the f-st % series OF
three articles on the Kansas In
dustrsal court and It's operat!on)
BY DAVID LAwzENcH
Copyright by The Intell!gencer)

Topeka. Eans.. Oct. 1S---KanSas has
proceeded far enough with her expert
rnent IN state adjudication OF labor dts
putes to make the idea worthy OF exam
inatton for nationwide use. The Aneci-
can Bar association has n committee at
work which will recommend 20 the
various states OF the nation model
liaw patterned after the Kansas formula.
Labor and capital have had their say
lhbout tho Kansas court and there has
lheen a noticeable misconception or some
loe tho purposes OF the court. First OF
Iall let II be said that nothing go Tar
lreaching can be worked out IN year.
hut Kansas has ironed out many OF the
detects and has by actual experience
developed a code OF morals which. taken
Lrith the phraseology os tho law i;seic
is gradually getting results by which
lone means IS preventing distress 20 the
public.
The Kansas law does not attempt 70
prevent all strikes. Nor (. "a invoked
' In al cases where employers may shut
down their plants aud cause iockouts.
Tho law reccived a black cye In NAM:
lparts OF the country because or the
snti-ptcket.nc feature which was liter
ally enforced against William Allen
white. but that's after all a collateral
.cis!ons Sc. forth the limitations OF the
future
Aliens Interpretation.
. To understand N. Kansas law and
Its application one should study care
lfullv the set oS principles which Cow
lernor Alien, father OF the measure. has
written as his Interpretation Of the
industrial act:
The right - abandon 4 toh 'nd'-
,Siduall- or collectively ls unquestioned.
7: can never re abridged.
The right TO OUT. work individually
lfor ,he purpose ot securing higher
wages or better working conditions Is
Iunquestioned.
The right - aEr.e with others to
Iaui. work for the purpose OF demanding
better wages or working conditions may
he admitted as long as the pubic vel
flare ts not threatened
Tho right TO agree with q large body
ict Others 70 quit work and 10 hinder or
stop the production Of essentials n time
% need Is subject 10 very serious aues-
t!on and calls for the Intervention OF
government. because
The right to agree with all others 10
quit work until any and all demands.
economic or political. ere met. regard
less Of the suferlng or deaths OF the
the realm Of possibility as logical
sequence and In such case the exist
Ing government would De n effect over
thrown n favor OF an economic olisar-
rhy."
AnA-Striks Clauses.
The foregoing principles are apparent
because they are directly !avolred m
ths federal governments efforts to deal
with strikes on transportation systems
and IN the production Of fuel There Ia
lttle doubt that the discussion just
begun by Secretary Labor Davis 70
amend the transportation act and 20
abolish me labor board viii revive the
snti-strike clauses which were frst
proposed sor the Esch-Cumm!ns law.
Whatever evolution the debate may
develop IN the next several months. Il
IS probable that the basic IDEAS applied
ey Governor Allen will play a vital
part IN tho pro and con OF the congress
s!onal discussion.
Governor Allen argues .or instance.
that tho right 20 quit work Ia entirely
different from The -!Eht 70 strike and
thai. even e ne Kansas law ws-n prt-
marty an ar;i-s,rtke law. which IS not
the case. Il would s;!ll be un,ruthsul 10
saw the law would deprive a man OF
the right 20 quit work.
The Kansas governor differs - some
extent with the view recently adopted
by the railroad executives and some
members OF the United States Railroad
Labor board who contend that the
strikers had IN effect quit their en-
ploymene.
Aliens view.
striking" says Governor Allen. "in
the meaning universally accepted by all
organized labor carriers with Il the very
~ ~
resum,ng work after the demands are
granted. Striking. therefore. Is no,
abandoning the job On the other hama
q ,r,1l!es the opposite idea--a rather
marked desire TO keep the job so 70
&c. higher wages"
The Kansas governor - 81 ne op.n.
Ton that legislation could hs enacted
which would sharply direrenc:ate he
tween striking and the mere quitting
O! work.
"A law against ab7ndouing a joh" ne
adds. would be obv!ousiv n conflic:
With the thirteenth amendment forbid,
ding Involuntary servitude. No ono
would bs so stupid or shorts.chted rs
To propose any such law. And for thai
matter perhaps there .s no pressing
need eo- any law 20 prevent striking
except where such striking threatens
the lives and welfare 90 The public
Tho Kansas Law.
Under he present law OF Kansas. the
intervention os the Industrial court &C.
ours only when essential production ot
direct relation 70 the pubic welfare Is
affected Thousands az S.rtkeS could
go OF n candy plants or IN piano
making factories and tho public would
not De disturbed and thc court OF Kan.
sas would !Enore tho trouble. hut should
p strike ia 'he mining os coal or some
other necessity os lce develop. the court
takes Jurisdiction a, once
The Kansas c"I"' ~ three judges Is
No, a board oc arbitration. II docsat
consist OF representative Of labor. oi
representative OF capital and a neu
trail. 7. consists os three ncutraiS
Shs'r decision !s Hnal only IN the sense
that - nc supreme rrur, ~ tho stat.
ar he supreme cnUrr ~ tho United
E'ar"s doesn't flHd grnunH FOR rev"rSr;
q .hs mauda'" must y" ohsye,l or 4 So
vo-~ penal'y Is inflicted.
The Kansas cour, = no, intended a
the champion o. either side but M
champion ot hoth. For the S'rik'
weapon. rhi"h sIo-a na< influence
sc-,. eu1plovers - 'rcas labor d~ronriv
,se fs'- IF Kansas substitutes An m
parl tribunal which makes capita
b> r. And for tho lockout er nanipu