State ex rel. Court of Industrial Relations v. Howat

Citations

• 107 Kan. 423
• 191 P. 585
• 1920 Kan. LEXIS 90

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Court of Industrial Relations — Jurisdiction Conferred by Statute Relative to Investigation and Operation of Mining Industries Not Obnoxious to the Constitution. The legislature may create an adminis-, trative body and empower it to investigate conditions existing in the mjning industry, make findings and reports, and establish rules with reference to the operation thereof designed, among other purposes, to promote the health and safety of employees and the continuity of production, so long as the regulations are reasonable and not upon some special ground obnoxious to constitutional provisions.</p> <p>2. Same — One Provision of the Statute Being Held Unconstitutional Does Not Invalidate the Entire Act. In view of the provision of the statute creating the court of industrial relations, that if any part thereof shall be held to be invalid it shall be conclusively presumed that the legislature would have passed the act without it, any portions thereof which are not objectionable in themselves must he enforced regardless of whether or not other portions may be open to constitutional objections.</p> <p>3. Same — Statute Authorizing Investigation of Mining Industries Valid —Duty of Witness to Obey Subpoena — Contempt. The provisions of the statute creating the court of industrial relations authorizing that body to conduct investigations of the character indicated in the first paragraph of this syllabus are valid, and one who refuses obedience to an order of the district court requiring him to appear as a witness in such an investigation cannot be heard, in a proceeding against him for contempt on account thereof, to question the validity of other portions of the act because of constitutional guarantees which are not invaded by the requirement made of him.</p> <p>4. Same — Finding of Disobedience of Subpoena Warranted. The finding that the defendants disobeyed the order of the district court is held to have been warranted.</p> <p>5. Sam