The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-03-31
ORDER WAS NOT NECESSARY.
No Emergency Existing at
Present Time, He Declares.
New Plan for Action Is Sug-
gested i'm Statement

Presiding Judge W. L. Higgins of
the industrial court today prepared a
lengthy dissenting opinion from the
mine strike order by Judges McDer-
mott and Crawford He asserted thal
by its action the court was approving
conditions which had been condemn ed
in findings made last summer a1tecI-
ing wage nd working cOnulJiorS- he
also asserted III re was no emergency
or sufficient justification for tho order
at this time
Judge Higgins states that in his
opinion the court would nave been
justified IN permitting cessation OF
operations until April Is. According
10 testimony OF operators and mine
union officials he said. coal now on
tracks could not be moved and normal
He proposed taking over the mines by
the state ac-er April Is in event the
operators could NOT manage the prop
critics independently.
The greatest criticism OF the indus
trial court order continuing the old
wage contract and working conditions
for a period Of thirty days is in in
consistent action of the labor tribunal,
Judge Higgins declares. He quotes
from numerous statements Of the
court in a report based on its 1921
survey Of the coal fields 70 show that
conditions which are approved in
Thursdays order were condemned IN
the findings by the same judges
Refused to Concur.
The presiding judge also refuses to
concur in the order because 1t was
written before taking Of testimony
was completed
It is also asserted by Judge Higgins
that the state spent $50, 2s3-64 for
military protection for the coal fields
last fall in com batiug a situation
which the court now approves That
isn't all. He points 10 the fact that the
strike last fall was al the beginning OF
ILL., D.
beginning OF summer when fuel de-
mands are light
Laws TO Govern Industry.
1t is time in my Judgment that the
laws OF the state of Kansas should
govern the coal industry, says Judge
Higgins. and that this state should
declare its independence Of the great
labor monopoly known as the United
Mine Workers OF America and that
other powerful and organized group I
known as the Southwest Interstate
Coal Operators association. The rights
Of the public should be made para I
mount to the rights OF either OF these
groups. The state should demonstrate |
finally that in its coal industry II IS Il
not q dependency OF Illinois, an ap- /
pendage Of the United Mine Workers
or a subject of the Operators assOcia-
ton. 7 do not believe the temporary 4
order tends to produce such results
and I. therefore. cannot concur in it"
He Suggests Plan
Judge Higgins suggests that in |
stead OF approving wage contract
which has been previously cor
denned. the court direct the opera
tors and miners TO get together IN
fifteen days II they fail he would
order the operators 10 produce coal.
II there Is no coal he would put the
mines under state operations. In
event OF a shortage of miners, he
would turn the mine inspection de-
partment into a summer training
school for the education OF men who
are willing 10 produce coal for a fair /
wage such a school. he asserts |
would provide miners who would
mine coal according TO law and. not