Court Unbenched

Early in 1920, after a series of bitter strikes, Henry J. Allen, Governor, ushered into being the Kansas Court of Industrial Relations (formally created by act of the Legislature). In effect, it was a court of compulsory arbitration. It made the little man famous, made him a conspicuous figure at the Republican Convention that year. William Allen White, sage of the prairies, christened it " the greatest piece of constructive legislation of the reconstruction period."

Last week, the U. S. Supreme Court killed it. The venerable Justice Van Devanter wrote the decision: "Such a system infringes the liberty of contract and rights of property guaranteed by the due process of law clause of the 14th Amendment." [A citizen shall not be deprived of "life, liberty, or property without due process of law].

The Court of Industrial Relations had ordered the Charles Wolff Packing Co. to conform to certain wages, hours of labor, working conditions. The Supreme Court of the state had commanded obedience to the order. After a preliminary review of the case by the U. S. Supreme Court, the State Court gave up its rulings on wages and working conditions, but insisted on the specified labor-hours. That crippled the Industrial Court's prestige. Last week's final review threw out the ruling on labor-hours. The Relations Court is now believed to be dead.* Gov. Allen's great and good idea for a peacemaker in industry must seek other forms, other prophets.

* It can still--as any body of private citizens --act as an umpire voluntarily selected by parties to a dispute.