Evening star., 1923-05-13
INDUSTRIAL COURT LAW
HANGS In THE BALANCE
Supreme Court Decision or Validity of
Kansas Act May Have Far
Reaching Consequences.

and spring not a little suffering be-!
cause of the coal strike of 1922, and
the railroad strike Of the same year,
President Harding in his address
to Congress December, 1922, called !
attention in vigorous fashion to these
strikes, saying:
Il wish I could bring to you the
precise recommendation for the pre-
vention of strikes which threaten the
welfare of the people and menace
public safety. 1t is an impotent civ
llization and an inadequate govern
ment which lacks the genius and the
courage to guard against such Il
menace to public welfare as we ex-
perienced last summer. Public inter
est demands that ample power shall
be conferred upon the labor tribunal,
whether 1t is the present (railroadp
labor board or the suggested Substi-
tute to require its ruling to be ac-
cepted by both parties to a disputed
question"
Solution Is Demanded.
The last session of Congress was a
short" session-from the first Mon
day in December until March A. when
the Congress expired by constitu-
tional limitation. There was no time
to consider remedial legislation such
as suggested by the President. Tho
next session comes before d national
election and it remains to be seen
whether the legislators will tackle
this ticklish question with the polls
awaiting them. But there is no doubt
but what the people generally have
been much aroused by the strikes
mentioned and desire some solution
of the question. some plan TO safe
guard them in the future.
The decision of the Supreme Court.
which may be expected at an early
date in the Kansas Industrial Court
case, may have not a little influence
upon any possible legislation by Con-
gress. 1t has been suggested that a
federal institution patterned after the
Kansas Industrial Court might we'll
be set up to deal with industrial con-
troversies. But if the Supreme Court
should hold that it is violative of the
provisions of the Constitution to at
tempt to invest the businesses of
producing fuel, manufacturing foods
and clothing with a public interest
and to regulate their operation, the
industrial court idea would suffer On
the other hand. if the Supreme Court
should uphold the Kansas tribunal,
the reverse would be the effect.
Case Awaits Decision.
Argument in the Kansas case has
II tAI hn
before the court for decision. The
case comes to the Supreme Court
from the Supreme Court of the state
of Kansas. which upheld the indus
trial court. Counsel for the Wolff
Packing Company insist that the
Kansas law and the order made by
the industrial court upon it's authority
are void because they deprive the
packing company OF its property
without due process of law land deny
to it the equal protection of the laws
| in violation of the fourteenth amend
ment to the Constitution of the
United States.
On the other side it is pointed out
that when Kansas put into effect pro-
hibition many years ago, it was
rights because it did not provide for
compen nsation for property destroyed
| by the prohibition act. But the Su-
preme Court upheld the Kansas
statute at that time.
The counsel for the packing COM
pany ask IL foodstuffs, clothing and
; fuel are any greater necessities of
life now than they have always been.
or have any greater public interest.
They say. TT is not within the prov
ince of the state to provide it's citi-
zens with food, fuel or clothing. That
is the private concern of the individ-
ual himself" But 1t may be within
| the province of the state to see the
citizen has an opportunity to provide
himself or herself with food, fuel or
! clothing.