The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-10-18


Especial Despatch TO The Reformer.)
Copyright 1922.
WICHITA. Kan, Oct 1S.-Kansas
is taking this election with the utmost
complacency. There's no emotion about
it-neither anger nor enthusiasm, in
dignation or satisfaction,
The 1920 Republican majority for
Gov. Henry J. Allen was 100000 In
difference as we'll as the effect of state
issues will reduce that figure somewhat.
Conservative estimates are made that
y. y. Morgan. Republican, will be
elected governor by vote of from 3d.
600 to 10000 to succeed Governor Al
len. who was not a candidate for a third
term.
Are the farmers sympathetic with cap
ital or labor? They showed in the pri-
maries that they had felt the i'll effects
of the last rail strike. The tie-up in
transportation has added to the farmers
list of grievances.
This industrial court problem is still
in the experimental stage. Labor is
fighting the scheme hard and the state
employers association is finding fault
with it. too. OF the cases which have
arisen, the employer side has found the
court ruling against them in more cases
than II has gwen verdict against LABOR.
The lineup in the election in the in
dustrial court issue is not clearly de-
fined. The Republican nominee, of
course, is in favor of the maintenance of
an industrial court. The Democratic
candidate criticizes il severely. Labor
will be Democratic. But the farmers
and other elements who want to see the
court upheld as a means of ending
strikes viii swing the election for the
Republican ticket
Industrial Court Issue.
More interesting. perhaps. than the
election contest. if 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 industrial court viii be
kept busy with cases the next few years.
The supreme court of the United States
will have the final say in many of the
disputes. For example. the Wolf Pack
ing Co. of Topeka is appealing to the SUI
preme court of the United States on the
ground that the wages which the Kan
sas industrial court ordered it to pay are
too great and do not permit of a fair
return on capital invested and this, it is
alleged, constitutes contiScatIon of
property without due process of law. %.
The controversy between William Al
len White, editor of the EmpOria { Kan
rather the state of Kansas, for Mr..
White is under arrest for violation of
the anti-picketing provisions of the law,
is likely to come to trial in a few weeks.
Wrong Impression of Case.
Investigation OF the circumstances
surrounding this extraordinary incident
brings out the fact that the defenders
of the law believe the country generally
received a wrong impression of the case
- So.
that if Mr.. White had placed a placard
in the window of his newspaper Office
declaring sympathy with the strikers
and if this had been the only placard in
town. nobody would have paid any at
tention TO it, but that the poster was
one of great number placed IN stores
to intimidate strlkebreakers and make
! them believe the tradesmcn would not
| sell the necessities of life.
Mr.. White denies that this was done
| in Emporia, though he admits many
| nosters had such a purpose in Newton,
| Kan, 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 upholding the courts against those
/ who preached law-breaking. The theory
| is that while a bin is in the making, it
| can be debated thoroughly but when once
| il is on the statute books it must be
| obeyed and nobody can lawfully preach
| disobedience of such n statute. The
/ Kansas Industrial court act is as much
/ of n law as anything else on the books
| and the offense charged against Editor
| White Is that he preached disobedience
| of the law by encouraging strikers.
CuriouSly enough, Mr.. White printed
| n fac-simile of the same placard in his
newspaper but was not hauled into
court for that There are some lawyers
who believe that he might be held as in
! violation of the Kansas law even for pub
| fishing anything that can be construed as
| directly encouraging breaking of u law.
Delicate Question.
This is the realm, however. of deli
! cate Justice Courts have held varously
on this phase of the matter and Attor,
uey General Daugherty had the same
notion as did Governor Allen when the
| first Injunction was applied for against
the Shopmen. Meetings and strike in
/ structions were in themselves innocent
! acts so long rs they did not encourage
| interruption of state commerce. In Kan
sas. the posting of placards is in itself
! lawful when the object is to express
| sympathy for worthy cause, such as
| starving Armenians, but it is unlawful
! to express sympathy with striking Kan
| sans.
| If the principle involved were not
| greater than the personalities involved.
| it would be easy TO dismiss the case on
| some of the numerous techniealities in
| which courts seem TO take refuge when
| they want to evade an issue, but the
| question Is clear cut and viii be carried
i IL Al.