SUBSTITUTE FOR STRIKE

Evening Star, Issue 18145, 8 December 1922, Page 10

SUBSTITUTE FOR STRIKE

(KANSAS INDUSTRIAL COUNT. NSW AMERICAN LAW. World-wide Interest has already been created , by, tie sotting up of the Kansas Industrial Court, which provides a court of justice for the adjudication of labor disputes—not a court or board of arbitration. The Australian and Now Zealand Arbitration Acts were closely under review when tlio new law wa? drafted. The court does not contain in its personnel a representative of Labor, for the reason that it 'doefl not contain a representative of Capital. It claims to represent neither side of the controversy, just as a court of law represente neither plaintiff nor defendant The litigants present tier case by counsel of their own choosing) the court represents justice, the public, the Government, with its implied power. Its jurisdiction is limited to disputes between the employer and the employed in the essential industries of the manufacture of food, clothing, fuel, and their transportation. It is not an anti-strike law in its narrow sense; it offers a substitute for tbe strike and the lock-out in vital industries. It does not take away from the laboring man his right to strike without giving him a guarantee of justice under some tribunal that will bo able to enforce its decrees.

Ita prime purpose is the protection of the public against the inconvenience, the hardship, the suffering so often caused by industrial warfare. It confirms the right of every man to quit or change his employment, like a free man; but it forbids him, cither by violence or by intimidation, to prevent others from working. It mtsarcs capital invested in the essential industries freedom from the great economic waste incidental to industrial warfare. It offers a fair return on such investments. It guarantees to workers engaged in these essential industries a fair wage, steady employment and healthful and moral surroundings. It gives employers, employ ecs, and the public an impartial tribunal to which may be submitted all controversies vitally affecting the three. _ It declares anew the democratic principle that the will ot tho majority legally expressed shall bo tho law of the land It prohibits and penalises the will_ of the minority by means of Intimidation. It prohibits trial of industrial disputes by gauge of battle, and it offers in place thereof a safe, sane, and civilised remedy for industrial wrongs.

DIFFERS FROM NEW ZEALAND LAW. What is the difference between the new law and the law in force in Australia and New Zealand? The answer is given in a comprehensive review of the first year’s operations of the Kansas law. “ The Australian and New Zealand courts, which are alike in the main, were created in the first instance by union labor for the purpose of extending unionisation,” it states. “They provided, first, that nobody could got into the court but a chartered Labor unionist, and the purpose of the court was to protect the agreements of arbitration. The orders of the Australian and New Zealand courts are in the nature of fines, collected by means of judgments in civil courts. Another reason i A man might appeal from the decision of the colonial courts to Parliament, and an unfavorable decision from either branch of Parliament would knock the court out. What would happen il the aggrieved party in one _of these contests had standing before him the right of appeal to the Kansas Legislature, or either branch of it? About how effective would it be under the law? The Kansas court protects the public; the Australian and New Zealand courts aim to protect the agreements of Capital and Labor. Kansas law now protects Capital against Labor, Labor against Capital, but the public against either or both. The Kansas court says these men shall come into a court of justice and the penalties are thus and so, and there is only one appeal, and that is to the Supremo Court of the State.”

* COURT OP THE PENNILESS." Under the new American law, any man or woman may come 'to the court without payment of a cent of cost, and l the State will pay the cost. Whatever is needed for the protection of tiro case or the development of the facts is provided—a lawyer, an expert in mining, packing, railway, telephone, a welfare worker. On an appeal, the appellent Is given free copy of the evidence, and expert worker—anything wanted to develop the case; and, when the case is decided, that is the end of it. The conditions laid down by the court carry on, and, in the meantime the operation of the industry has not ceased. Why, asks the presiding judge, may it not, then, be regarded as the court of the penniless man or the penniless woman?

ORIGIN OP COURT. The court came into being through a crisis in the Kansas mines, xfc was tried out to its depths by a crisis. _ fa trike leaders were enjoined from calling a strike. They violated the injunction, were proceeded against for contempt of court, and found guilty. The leader was imprisoned, and appealed. The appeal was dismissed on all grounds. In announcing the unanimous verdict of the court the President of the Supreme Court Bench said : “It seems to this court to be quite remarkable that public interest in affairs of this kind should now be challenged by anybody ; but the challenge is made. Strangely enough, this gingham-dog and caUco-cc' business of eating each other up is 0 fended under a constitution ordained ami established I to ensure domestic tranquillity.’ The mine owner vociferates ' Property T The miner shouts ‘ Liberty 1’ Sleanwhile, riot and bloodshed are ramwant. Homeless women and children of Hiatriot No. 20 watch the battle from tents on the hillside, and the nurae at the Pittsburg Hospital feels her own heart freeze as she watches the temperature of the ward go down. It is scarcely necessary to cite decisions to the effect that in this country, eveiy man holds all his rights and privileges subject to lawful interference by the State. The strike privilege was not conferred by any Constitution or by any statute. It developed in the field of the common law, and normally should he subject to legislative regulation- Collective bargaining is not only encouraged by the law, but Is in effect placed on the plane of duty. The privilege to organise is not disputed, _ but is recognised. But the rights of society are dominant over industry, and the State is under obligation to intervene to compel settlement of differences whenever failure of manager and laborer to agree endangers public safety or causes general distress.” CONSTITUTION OF NEW COURT.

Tbrea Judges administer the new law, at % salary of o,OOOdol per annum each. One is appointed for one year; one for two, and one for three, the terms to begin simultaneously upon qualification of the persons appointed- The court is given full newer to supervise all public utilities. Food, clothing, fuel, and transport are declared to be of public interest. These Industries must be operated with reasonable continuity and efficiency, in order that tho people of the State may live in peace and security, and supplied by the necessaries ol life. The court will consider wages, and investigate conditions of labor and tho return accruing to capital, and the rights and welfare of the public. It will order such changes aa are necessary for the conduct of the industry. Provision is made for healthful and moral surroundings, for

labor, fair return for capital, and the right to choose employment. Attendance at court when subpoenaed is compulsory. Collective bargains are subject to the provisions of the Act. It ia unlawful to conspire to injure other persona in their business, by discrimination, picketing, advertising, propaganda, or other means, because 01 any action taken by such persons in invoking the jurisdiction of the court. Conspiring to quit employment is also prohibited. Penalties for these oSenoea arc l.OOOdol fine or one year’s imprisonment. Similar provisions apply to employers using aath*£ity or influence to impel or compel any other person to violate the provisions of the Act or of, the court. This is deemed a felony, punish- , Ahlvhxika m istM OMai* as kmjami

hard labor. Tho court has power to take control of an Industry where industrial strife threatens tho public welfare.

AN IMPORTANT PROVISION,

An important provision of tho new law is the authority given to the court to appoint a person with technical knowledge as commissioner for tho purpose of taking evidence with relation to any subject involved in the court's inquiry. He is to take and administer the oath, compel the production of evidence and the attendance of witnesses, as If tho court wore sitting in the matter. Should the court make an order prescribing a higher wage, the employees have the right to payment from tho data of the issue of the summons or publication of notice. Employers have the came right in rases where a reduction of wages is ordered. THE RIGHT TO STRIKE.

“ Sometimes,’’ says Governor Allen, “ the Labor leaders toll us that tho court has taken away the only weapon that Labor had in its right to strike. Wo would, of course, have no moral right to take away from Labor this weapon unless we gave to Labor a modern weapon which wonts better than tho archaic ono which ho has been using with so little benefit to himself. In the Kansas Court of Industrial Relations we have given to Labor, in every honorable controversy, a dependable method which guarantees to hinp justice without erfdsngering tho rights of the public or subjecting him to the disastrous kick of the old blunderbuss which ho calls the strike.”