Show TESTING A NEW N Y LAY LAW LAYTHE LAWHE THE HE STATE OF KANSAS KA has hu a law wills which prohibits the of an aD pI because h Iy to is a of the t e national guard pard The law aw is being beine tested in bt in a re by a case originating In Empoe a The agent age of the U Santa Sua Fe railroad at Emporia discharged a mart man because in la spite spit of the protests prote ts of his bIa superior he left Jett his hla hl work wort to go ao with his company to the recent military l 17 maneu maneuvers maneuvers vers w at Fort Jort Riley A warrant of arrest has baa been Jaue against the agent agat to and 4 the t e e cue case will he hs prosecuted d for lor the purpose of determining whether or 0 not the t law Jaw Sa la constitutional Now as aK a matter of nt fact this em was waa not discharged dl because e he was waa a member of ot the guard He was w discharged because be ks insisted on en leav leaving leaving eav ing Iq his work without first t providing 1 for fora a substitute It is true the guardsman p was waa ordered by his hla hi commanding 1 officer to go his hi company he lie had baa taken an as oath Bath when be he h joined the militia to t tobey obey his bla superior officers If he be had refused to go p he be might have been Men tried trIe for to insubordination He Ha H did 14 not refuse to go and so 80 he lost his hie po position sI However you look at it the t he guardsman is between the upper and anel the nether Iter millstones By the same token the entire national 1 guard of Kansas is between s the upper and the nether millstone If it the law aw Is 1 found to be constitutional the effect will willbe willbe be practically a declaration that em employers employers pI nn must mat stand taD ready at all aU times tam es to be deprived temporarily t y at least leut of ot o othe the services of their employee who ho are an members of the guard Viewing th the ther e r question from the purely ethical stand standpoint standpoint point we might argue a that no mho good wilt will wl discharge dl charae an tan w who goes as a member of ot the guard put to an a n encampment or on other duty connected with the Ute militia But the employer has a rigHt to to heard on tIM the subject A large don tion of the guardsmen a are ar are allotted each h yeara year a vacation on OR pay Such 8 men should in every case so arrange their attain as to take their vacations vacation during durin dun n the time these for which the encampment is fixed axed thus Un causing ea as little inconvenience ie as possible It is Ie spay easy to see lee that thai thata thaia t a r el oye could make r a great crt t deal of oi trouble troubie for ter his bis b employer under the Kansas statute if it the courts de declare declare deClare clare it to be constitutional And Ard rd in Ia the end the sustaining of the lee t law Jaw would work wont a hardship on the t e Kan Kansas KanBaS sat BaS guard auard Employers can easily iy fin nl 1 I sufficient justification for discharging g men aside from the fact act that they art ar t guardsmen n In Irk Kansas if the statute e i is I s upheld it I wont wo t be lie many IY months m U before be before before fore most of ot the the members members of the militia la who work on salaries 1 will lose their r places and it will be hard bani for t them to find new Dew places pieces as u long lone as sa s they their remain r emai u in la the Ute militia Uti |