The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-04-10
TO TESTI.R. COURT
Attack From New Angle Made
by Kansas Miners.
Effort To Restrain Enforce
ment of March 80 Order.
CASE NOW BEFORE JUDGE DYER
Suit by Miners Follows ,ChaI-
lenge by the Operators.
Final Disposition of Case Up to
Judge Pollock.
CASE NOW BEFORE JUDGE DYER

Kansas mine workers are attacking
the industrial court law from a new
angle today in seeking to intervene in
a test case in the United States dis
trict court. Behind the maneuvers in
the federal court today IS an effort to
restrain enforcement of the industrial
court order of March 80 which di-
rected that wages and working con-
ditions in the Kansas coal fields
should not be disturbed for thirty
days.
Mine union heads filed an interven-
ing petition in the federal court late
Saturday afternoon. The case came
before Judge Dyer this afternoon on
the demands of Kansas miners for
right to be heard as to authority of
the Kansas labor court to endorse its
order of last month. The intervention
is in the Smith case. which was filed
in January in test of constitutional
provisions of the industrial court act.
Follows Challenge by Operators.
Suit by the miners followed a chal-
lenge by the operators to meet in new
wage conferences. Proposals for new
wage meetings were made during the
hearing before the industrial court.
They were renewed last week. In
stead of seeking to reach a new agree
ment or to meet operators for the pur-
pose of perfecting a compromise the
mine union members launched a new
attack on the court law. Purposes of
the intervening petition are to test
rights of the Industrial court to con-
tinue in force contract which eX-
-pired April 1 and to compel miners to
work under the extension order.
Arguments Begin Today.
Arguments before Judge Dyer-sit-
ting for Judge John c. Pollock-af-
feet rights of the mine union mem
bers to take their issue into the fed
eral court and to join in the test ac-
ton by Samuel Smith and others.
These arguments began this after
noon.
1t is not improbable that the fed
eral court judge will continue final
disposition of the issues until Judge
Pollock is able to return to the bench
In the meantime, tho, the miners may
seek a temporary order.--A restrain
ing order or writ holding the indus
trial court decree in allegiance may
be sought. The petition filed by the
miners merely asks leave to file an
intervening petition. Judge Dyer may
grant this request without passing on
any of the issues in the case.
No Chance. for Compromise.
Action by the mine workers seem
ingly precludes all chance to a COM
promise in the mine strike in Kansas.
The miners by their action in entering
the federal court virtually give notice
that they will not only stand on their
right to strike, but will resist any
move toward a compromise which
may be directed by the industrial
court 1t is in substance flat denial
of the fight of the labor court to in
terfere.
Intervening petitioners are: Earl T.
Draper, Dave Poor, Charles H. Har-
vey, Bert Read, Pat Griffin, W. H.
Story, Tom Halhcy. James Welch.
George Holt and Lee Rulings. They
state that they are members of local
union NO. 26s9 in which is known as
District No. IA of the United Mine
Workers of America, an international
voluntary association composed of
persons who work in or around mines.
The district being partly in Kansas
and partly in Missouri is asserted not
to be within jurisdiction of Kansas
courts, aitho the intervening petitions
state that they are residents of Pitts
burg, Kan.