Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-10-30

years Ia undcrrrouBd mines. seem,
The cDntfsciing ~ convict lfL1f
| Thifd-Tae labor ni @ uvics Cuisli,
prison gTsunde, except On puzzle work
under tLn lifecl CDnuoi % the Slate
| Fsurlh- he political sud cunmufcia
control NJ umployur.
Sec. 4. The exchange 81 tlaek listi
by tailroai tnmplnitp, or ,ther cor
pofAlloni, pssooiatlgns ~ refsons IL PRO.
hlbiteJ.
Sec. 8. The Tirhi Of nciion to 70.
cover dnmases f0r iniur o. fosulting IN
death shall never he ubfogaitd, auu
the Rninunt frrlverahls shail not he
subtle 70 any statutory iimilation.
Sec. .. Eight hours shtll constitute
day's wofk on oil wufEs OF under
iakings caffitd on OF aided by the
State, county OF municipal govern.
mem; aud tile Legislature shal pace
laws TO provide iit the health and
m oly OF employee In iscllrlrt, sm,lt.
Yrs and iuiuo.
Bee. Z. rue Legislature, by apr d.
pirate legislation. shall pfovidu lot thu
enforcement Of the pfovlsio NJ Of ihis
article.
The fret section Of the tci makes u
the duty VI tue Legislature 10 protect
tho rights OF labotiug men by tue Gu.
actmsnt of lutt laws calculated 10 Pee.
mote TIE industrial welfare OF the poo.
pls-tuoh laws ~ Will be- Just 10 ali
clAssoa.
Tue command is 70 tho lAwmAking
department " the .laie, aud tue Only
express limitations upon the pIVe ~ are
ihat such laws shall DO lust and calcu-
lated " promote the welfare li the In.
lustflal classes. TIE isgitls ufo must
declue whether tho law IL Just aud
adapted TO tue pufposo named, Aud
unless the law 10 ~ paipabiy unjust,
OF ~ clearly not Calculated 10 promote
the putp1sCs mentioned IN the Consti.
luton "a 10 remove every reasonable
uOubt that ~ n unjust, OF tnAt u II not
calculated 10 promote tue purpose ex.
pressed In the Consultation, tue court
should not hold II Without tue scope VI
tue authority montion,d IN that iustfu.
msut.
The ftsl clause " section o declares
that "sisbt hours shall cOnstitule q
daJt wufk on all works or unuofiak.
inga carried on or aided by the State,
county OF municipal govefnment.0
We presume tue OBJECT Of this pro.
vision was 10 protect the lAbofiba
man from the Injurious onsquencss
VI prolonged Ihyaloal effort, and 10
give him the remainder Of tbs
tweuiy'iour hour TOT HE own psfs,nHl
anaiis, ana iOT the cultivation Of HE
mental aud moral powers, the acquist.
t9u Of useful knowledge and Tor fest
aud sleep.
1hu second olsust u the section com.
mAnds tue legislature 10 pass laws TOR
the health aud safety VI employs In
iHclsIits, smulIors and minss.h
Ihls provision must DO Regarded a.
on expression Of the will Of the p.ople
u tue State with respect TO tue sub.
Itels anu objects OF legi,lAtior named
~ H. Auu they Possessed all the
power 10 enact laws with ftsrt OF 10
sueh subjects that tile people Of the
United States had not conferred ia thV
naiionsl Constitution exclusively on
that government. Any laws Adaplei
10 the preservation Of the health OF
safety OF employees In fAgtoficf, smeit.
eia OF minss H. within the cone Of this
provision, Tue law must be- connected
with some Of the objects nAmed. und
cslculaicd 10 elect that purpose; II u IL
not 20 connected and AJapttd, the
court has tho right 10 hold thGt Il 10
not within the scope Of tue provision,
But ~ there 10 n reasonable doubt ~ 10
tho conneciion AM AlsptsuJn, tho al.
visibility must DO held by the o0utt g.
have bron with the lAw.inaking power
the court must be able 10 ace clearly
that the law wah not 10 connected be.
lore holding II void for that feAsoB.
IL tho power " pass tho law II con.
coded the court cannOt col II ssiJe DO.
cause II may deem ils enactment an.
necessary uf inludiciOur, OF boeAuse
tbs c0uf, may think that experience
has proven II 90, or because the court
msy think iissli moIe sagaci0us than
the Legislature, anu eau thtfelofs $50
more clearly that tue law viii fetAfd
rather than promote progress aud
prosperity, anu will be n dUtflment 10
the community when actually applied
10 human aiiaift amid tho conditions
Of tho future.
This bfiags ua tu the question, 10 the
flfst section u the statute limiting the
period OF employment u iaboring meu
In uniCtgtpunI minos 10 eight hnuTs
peT Jay, except 10 cases OF smsfgency
whefe liiv % property Is in Imminent
danger, calculated 10 protect the health
Of such lAboflng m0,2
Tue effort IA, ooitAty TO aueoessfuI
mining II performed upon the surface
VI the earth IN pure air and ia the
sunlight pfol0ngei beyobd eight houfs
might not inIufioutly Affect tue health
Of an Able-bodisd man, but when 10
extended beneath tue surface,
away from the sunlight, might
injuriously affect their health. II IL
necessary TO use artificial means 10 SUP.
ply pure air 10 men lAboring in minss
any consldeIabl- distance from the iur.
ace. That being 90 II Il reasonable 10 |
assume that the air oduced, aud the
Impure ait beueaih the surface whom
mixed, II not Ne hsalihful Ne the FREQ
air upon tbs surface. The fact must b. |
conceded that the bresthipg Of pure
air 10 wholesome, anu the bfesthinR OF |
Impure air isunwhp lssomp.
We cannot tay that the law iimillnQ |
the period Of labor In UNDERGROUND |
mines to eight hours each day IL not
calculated 10 promote health-ihat II |
IL not adapted 10 the prot elton OF tue
health or the class Of men who work In |
nnlnes
While tue provision VI the contlitu.
iion'unJtr oDntidetaii0n makes II tue
duty Of the Legislature ~ enact laws
10 protect the health anu 10 secure the
safety OF men working IN underground
mines, anu Ia factories and smeittfs, II
does not prohibit the Legi lhiure from
egArting other lava niieetiug such
rlafsts 10 promote the general welfare.