The Birmingham age-herald., 1923-06-12
important Decision In Kansas Industrial Court Case Set Precedent For Limiting Government ControI
PACKING COMPANY GIVEN RIGHT TO FIX WAGES.
State Regulation Of Private Industries Struck Body Blow And Power Of Kansas Court Over Wages Restricted
By RAYMOND CHAPTER deaAed Wire tn The AGe.Herald


 WASHINGTON, June 11.-The scope of the famous Kansas industrial court has been greatly restricted by decision of the supreme court, which also has set an important precedent for limiting government control of private business.
 The decision, handed down Monday. denies the right of the Kansas indus trial tribunal to fix wages in a dis pute between the Charles Wolff Packing company and it's employees.
 The court recognizes the right to regulate common carriers. but denies that the state can fix wages, prices and other conditions of business for private establishments bearing a re- mote relation to public necessity. To say what wages a butcher or tailor or other independent business must pay or what prices must be charged, is a violation of the liberty and freedCm of contract guaranteed under the fourteenth amendment, the court meld. This Is a further denial of the right to fix a minimum wage made by the supreme court recently. The act creating the famous Kan sas court declares that manufacture and preparation of food and clothing, production of fuel, and public util- ities and common carriers are af- fected with public interest and that the state therefore has power to com pei continuous operation under such conditions as it may deem fair. So far as the small independent packing plant at Topeka Is concerned, the supreme court denies such public in terest and the right to regulate in the drastic manner proposed.
 Put Beyond Court.
 Although the Topeka packing g house is the only concern directly involved, Chief Justice Taft, in his business of dealing in food, clothing and even fuel is beyond the power of the court. The right to regulate transportation Is recognized in pre- vious court decisions cited by the chief justice.
 The court included this significant paragraph in it's decision:
 Tt has never been supposed. since the adoption of the constitution, that the business of the butcher, or the baker, the tailor, the wood chopper, the mining operator or the miner terest that the price of his product or his wages could be fixed by state regulation. One does not devote ones property or business to the public use or clotne IL with puDllc inter- est merely because one makes com modities for. and sells to the public in the common callings of which those above mentioned are instances"
 This sentence lays down funda- mental distinction which may guide the court In future cases involving the power of the government to reg ulate private business.
 Even the fiat of legislative body cannot arbitrarily clothe a private business with this public interest" which Is necessary before govern ment regulation can be applied, the court holds. That Is exactly what the Kansas statute sought to do. It was based upon the theory that by de- claring the four basic industries i'm volving food, clothing, fuel and trans portation to be of a public nature, state regulation, even to compelling continuous operation, could be ap- plied.