DORCHY V. KANSAS, 272 U. S. 306 (1926)

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U.S. Supreme Court

Dorchy v. Kansas, 272 U.S. 306 (1926)

Dorchy v. Kansas

No. 119

Argued October 7, 1926

Decided October 25, 1926

272 U.S. 306


1. A decision by a state supreme court as to the separability of parts of a state statute from other parts found invalid by this Court is binding on this Court. P. 272 U. S. 308.

2. Upon review of a state court's judgment, facts not in the record and not noticed judicially cannot be considered. P. 272 U. S. 311.

3. Mere reference by the state supreme court to another case as a controlling decision did not incorporate the record of that case into the record of the one in which the reference was made. Id.

4. There is no constitutional right to call a strike solely for the purpose of coercing the employer to pay a disputed stale claim of a former employee, a member of the union. P. 272 U. S. 311.

Page 272 U. S. 307

5. As applied to such a case, § 17 of the Kansas Industrial Relations Act, making it unlawful "to induce others to quit their employment for the purpose and with the intent to hinder, delay, limit or suspend the operation" of mining, and § 19, making it a felony for an officer of a labor union willfully to use the power or influence incident to his office to induce another person to violate § 17, are within the power of the state, and do not deny the liberty guaranteed by the Fourteenth Amendment. P. 272 U. S. 309.

6. Neither the common law nor the Fourteenth Amendment confers the absolute right to strike. P 272 U. S. 311.

116 Kan. 412 affirmed.

Error to a judgment of the Supreme Court of Kansas which affirmed sentence imposed on Dorchy under 19 of the Kansas Industrial Relations Act for using his influence as a labor union official to induce a strike in violation of § 17. See S.C. 264 U. S. 264 U.S. 286.

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