State v. Howat

• Citation: 198 P. 686,109 Kan. 376
• Decision Date: 11 June 1921
• Docket Number: 23,505
• Parties: THE STATE OF KANSAS, ex rel. RICHARD J. HOPKINS, as Attorney-general, et al., Appellee, v. ALEXANDER HOWAT et al., Appellants
• Court: United States State Supreme Court of Kansas

198 P. 686

109 Kan. 376

THE STATE OF KANSAS, ex rel. RICHARD J. HOPKINS, as Attorney-general, et al., Appellee, v. ALEXANDER HOWAT et al., Appellants

No. 23,505

Supreme Court of Kansas

June 11, 1921

Decided January, 1921.

Appeal from Crawford district court, division No. 1; ANDREW J CURRAN, judge.

Judgment affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

CONSTITUTIONAL LAW--Act Creating Court of Industrial Relations--Labor Strike Threatened by Defendants--Injunction Properly Granted--Injunction Violated by Defendants--Act Constitutional--Defendants Properly Punished for Contempt. The defendants, as officers and members of the district board of District No. 14, United Mine Workers of America, were about to call a strike of miner's and mine workers in that district, which comprises the coal-producing counties of Kansas. The strike, if called, would prevent the carrying on of business, commerce, occupations, and work in the state, would stop production, manufacture and transportation of necessaries of life, would inhibit domestic and household activities of the people, would affect the public peace and the public health, would cut off the supply of fuel for the state's educational, penal, charitable, and other institutions, and would otherwise inflict on the public irreparable injury, for which there was no redress. One object of the strike was to defeat the purposes of chapter 29 of the Laws of 1920, creating a tribunal known as the court of industrial relations, to regulate certain industries, including that of coal mining. In an action brought by the state, the defendants were enjoined from calling a strike. Afterwards they violated the injunction, were proceeded against for contempt of court for violating the injunction, and were found guilty, after a trial before the court, without a jury. The conduct of the defendants in calling the strike was punishable as a felony under the statute referred to. Held:

1. The state was authorized to apply for, and the court was authorized to grant, the injunction, to avert threatened public calamities, irrespective of the state's ownership of property affected, and without the aid of a statute.

2. The injunction order was not forbidden by section 7149 of the General Statutes of 1915, relating to granting injunctions in specified cases of industrial disputes.

3. The injunction order was not invalid as an attempt to enjoin the commission of crime.

4. The defendants were not entitled, in the contempt proceeding, to a trial by jury.

5. The contempt proceeding was otherwise free from irregularity.

6. The act creating the court of industrial relations is not void under the constitution of this state because of duality of subject, or defect of title, or because it commingles functions of separate departments of government, or because it attempts to enlarge the original jurisdiction of this court.

7. The business of producing coal in this state bears an intimate relation to the public peace, health, and welfare, is affected with a public interest, and may be regulated, to the end that reasonable continuity and efficiency of production may be maintained.

8. The act creating the court of industrial relations is a reasonable and valid exercise of the police power of the state over the business of producing coal, and does not impair liberty of contract or permit involuntary servitude, contrary to the constitution of the United States.

Phil H. Callery, of Pittsburg, Redmond S. Brennan, and Thurman L. McCormick, both of Kansas City, Mo., for the appellants.

Richard J. Hopkins, attorney-general, John G. Egan, J. K. Rankin, E. W. Clausen, assistant attorneys-general, Baxter D. McClain, attorney, court of industrial relations, C. A. Burnett, county attorney, F. S. Jackson, of Topeka, and F. Dumont Smith, of Hutchinson, for the appellee.

D. R. Hite, and John S. Dean, both of Topeka, as amici curiae.

OPINION

BURCH, J.:

Alexander Howat and others were adjudged guilty of contempt of the district court, and appeal.

At a special meeting of the legislature held in January, 1920, an act was passed declaring that the manufacture or preparation of food products, the manufacture of clothing, the mining or production of fuel, and the transportation of food, clothing, and fuel, are industries affected with a public interest; that reasonable continuity and efficiency in the operation of such industries affect the living conditions of the people; and that consequently such industries are subject to state supervision, for the purpose of preserving the public peace, protecting the public health, preventing industrial strife, disorder, and waste, and promoting the general welfare. A supervising body was created, called the court of industrial relations. Persons, firms, corporations and associations were forbidden willfully to hinder, delay, limit or suspend continuous and efficient operation of the supervised industries, contrary to the act or for the purpose of evading any of its provisions. The right of any individual worker to quit his employment at any time was expressly recognized; but conspiracy and confederation with others, and inducement and intimidation of others, with intent to cause suspension of operation of supervised industries, or to limit their output, was declared unlawful. The court of industrial relations was given authority to investigate, adjust, settle and determine controversies between employers and workers, or between groups or crafts of workers, which might endanger continuity or efficiency of service of supervised industries, affect production or transportation of the necessaries of life referred to, produce industrial strife, disorder, or waste, or threaten the public health, peace, or welfare. Willful violation of provisions of the act was made punishable as a misdemeanor. Officers of corporations and officers of labor unions and associations who willfully use their power and authority to influence, impel or compel any other person to violate the act, were declared guilty of felony, and punishable accordingly. The full text of the statute, chapter 29 of the Laws of 1920, is appended to this opinion.

The United Mine Workers of America is a voluntary association of miners and workers in mines, organized as a labor union, for the purpose of furthering the interests of members in the United States. District No. 14 of the United Mine Workers of America includes the counties of Crawford, Cherokee, and Osage, in which the bulk of the coal mined in Kansas is produced. In April, 1920, the officers of District No. 14 were: President, Alexander Howat; vice president, August Dorchy; secretary-treasurer, Thomas Harvey; all of Pittsburg, Kan. Members of the board of directors or trustees were James McIlwrath, John Fleming, William Jenkins, Amos Standering, and John Billings. Willard Titus had been elected as successor to William Jenkins. Thomas Cunningham was a traveling auditor and agent. On April 5, 1920, the attorney-general commenced an action on behalf of the state against the associations and persons named and other persons who were stated to be officers and members of local unions of District No. 14, to enjoin them from interfering with the operation of coal mines in the counties named and causing the production of coal to be delayed, hindered, and stopped.

The petition alleged that the defendants were conspiring and confederating among themselves and with others to violate the act creating the court of industrial relations. The defendant, Howat, had publicly announced that he proposed to fight the statute with a force of 12,000 miners in Kansas regardless of consequences, and the miners had pledged him their support, to the end that the force and effect of the statute might be nullified. The conspiracy was to be executed by calling a general strike of mine workers in the mines in Kansas, thereby causing the production of coal to be stopped. Howat had announced that he was about to call such a strike, and would do so early in April. The result would be to prevent the carrying on of business, commerce, industries, occupations and work in the state, to hinder, lessen, and stop the production, manufacture and transportation of the necessaries of life, and to inhibit even domestic and household activities of the people of the state. The state of Kansas owns and uses buildings and other property, conducts a variety of institutions, educational, penal, and charitable, and operates certain industries, in the exercise of its governmental functions. To accomplish its ends, it purchases and uses more than 100,000 tons of coal yearly, and one of the results of the conspiracy would be to cut off this supply of fuel. Pursuant to the conspiracy, members of labor unions had already simultaneously quit work and caused mines to be shut down, assigning as a reason, opposition to the law creating the court of industrial relations, coupled with some cause of minor significance. The court of industrial relations had taken jurisdiction of a controversy between employers and miners, and in the exercise of such jurisdiction had subpoenaed Howat and others to testify as witnesses. They had refused to obey the subpoenas, and subpoenas for like purposes issued by the district court, and had been committed to jail for contempt of court, there to remain until they should submit to the law and give their testimony. The constitution and by-laws of District No. 14 had been amended to impose a fine of $ 50 for each offense on any member, committee or local officer who would be privy to referring a controversy to the court of industrial relations, and imposing a fine of $ 5,000 on any district officer of District No. 14 who would be a party to the reference of any grievance to the court of...