The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-01-14
HOWAT HAS'NO
RIGHT IN COURT
DECIDES JUDGE
President Lewis of U. NJ. A. Up
held by Judge Dew.
Declares HOwat and Pals Are in
Defiance of Law.
CANCELS RESTRAINT ORDER
International Within Rights in
Removing "Czar."
HOwat, in Jail, Has Nothing
to Say.
Declares HOWat and Pals Are in
Defiance of Law.
CANCELS RESTRAINT ORDER
International Within Rights in
Removing Scar"
HOwat, in Jail, Has Nothing
to Say.

Kansas City, Jan. 14-John L.
Rsswis. international president of the
Z. NJ. W. A, was upheld in his action
IN removing Alexander Howat of kan
sas as president of district IA of the
mine workers when Judge Samuel A.
Dew of Jackson county circuit court
today refused to make permanent a
temporary restraining order granted
Howat and his associates early in De
cember. The order sought would have
barred Lewis from interfering in any
way in district IA.
The court held that the Howat
board officers had ignored recon-
mendations of a committee appointed
by International President Lewis that
work be resumed pending arbitration
altho the ffowat board had full au-
thority under the law to bind the en-
p1oyes TO return to work. The plain
tiff officers had also ignored recon-
mendations of the international eX-
ecutive board of the mine workrs that
they (the district officers) should or
der the men to work, the ruling IS
serted.
No Evidence of COnfiscatiOn.
No substantial evidence "of con-
fiscation or misuse of the district
funds or property was present" Judge
Dew said
The evidence clearly shows" the
courts order declared, that plaintiff
Howat publicly stated in large mass
meetings and elsewhere, that as long
as he remained in Jail, he hoped no
coal would be dug, nor until the indus
trial court law of Kansas was re-
pealed; that in this he was speaking
also for plaintiff Dorchy vice presi-
dent of the district board, who was
M
acting president Of the plaintiff board,
appointed by HOwat, admitted that the
board had the authority to order the
men back to work, but testified that
on account of Howat being in Jail and
on account Of the Kansas Industrial
court law, he had no intention to or
der the men to return.
plaintiff HearI Maxwell, also Il
member of the Howat board, admit
ted he had no present intentions of
any action of effort to cause the men
to return. Other and ample evidence
was produced clearly showing that at
least one of the chief causes of the
union members for whom tkS plain
tiffs claim to speak. for refusing to
return to work, is that Howat is now
in Jail and that the industrial court
law must first be repealed. This at
titude of the men has been encouraged
by the plaintiffs by word and act, and
by their presence at meetings, where
resolutions were passed to the above
effect. altho they deny having called
the strike
Plaintiffs Defied Laws
"The plaintiffs defying the existing
law and courts of a sister state with
one hand, appeal to the law and tri-
bunal of Missouri, with the other"
the order continued. This court is
of course not concerned with the mer-
its of any of the existing laws of Kan
sas nor the constitutionality or uncon-
stitutionality thereof. but until they
are properly repealed or by a court of
competent jurisdiction set aside, they
remain the law of that commonwealth,
and no man or set of men can violate
and defy them and at the same time
get relief from the courts of equity
of a sister state"
The operating contract pleaded the
court asserted. contains Several plain
provisions prohibiting any and all ces-
sations of work pending arbitra ton of
grievances adding that this is "iust
as binding on the miners as on the
mine owners"
Are Violating Statutes.
Plaintiff miners now on strike
whether on account of grievances with
their employers or on account of How
ats incarceration and the industrial
court law, have violated and are now
violating this contract" Judge Dew's
opinion said. Yet they appeal to this
court in equity to prevent the inter-
national union officials from inter-
fering with the performance of said
contract.
The courts of the land Will refuse
Continued on Page Two.l