The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-30

The supreme court handed down its
opinion in the very important test
case of Albert F. Holden VS.. Harvey
Hardy, involving the constitutionality
of the law providing that eight hours
ground mines, smelters and all insti-
tutions for the reduction of ores. The
opinion, which was delivered by Chief
Justice Zane and concurred in by JUS
tees Bartch and Miner, holds that the
law is constitutional.
The opinion is very voluminous and
thorough, and says in part: This
statute limits the hours of employment
of laboring men in underground mines
and smelters or other works for the
reduction of ores or refining of metals
to eight hours per day.
HAD THE LEGISLATURE POWER
The question for our consideration and
decision is, had the legislature the power
to enact this law.
Article 16 of the constitution of this
state, is as follows. laws of 1896, page
219)
Section 1.-The rights of labor shall have
just protection through the laws calcu-
lated to promote the industrial welfare
of the state.
Sec. 1.-The legislature shall provide by
law. for board of labor, Cancellation and
arbitration which shall fairly represent
the interests of both capital and labor.
The board shall perform duties and re-
ceive compensation as prescribed by law.
Sec. 3.-The legislature shall prohibit:
1st. The employment of women or of
children under the age of IA years in I'M
foreground mines. End. The contracting
Of Inf Lob, Ord Tln lol7 n l.
victs outside prison grounds, except on
public works under the direct control of
the state. 4tfl. The political and CONF
merciad control of employees.
Sec. 4.-The exchange of blacklists by
railroad companies, or other corporations,
associations or persons is prohibited.
Sec. 5.-The right of action to recover
damages for injuries resulting in death
shall never be abrogated, and the amount
recoverable shall not be subject to any
statutory limitation.
Sec. 6.-Eight hours shall constitute a
days work on all works or undertakings
carried on or aided by the state, county
or municipal government; and the legis-
lature shall pass laws to provide for the
health and safety of employees in fac
tories, Smelters and mines.
Sec. THE legislature, by appropriate
legislation, shall provide for the enforce
ment of the provisions of this article.
The first section of the act makes 1t the
duty of the legislature to protect the
of just laws calculated to promote the
industrial welfare of the people-such
laws as will be just to all classes.
COMMANDED TO ENACT A LAW.
The command is to the Iawmaking de-
partment of the state, and the only ex-
press limitations upon the power are that
such laws shall be just and calculated
to promote the welfare of the industrial
classes. The legislature must decide
whether the law is just and adapted to
the purpose named. And unless the law
is so palpably unjust, or SO clearly not
calculated to promote the purposes men,
toned in the constitution as to remove
every reasonable doubt that it is unjust.
or that it is not calculaed to promote the
purpose expressed in the constitution, the
court should not hold it without the scope
of the authority mentioned in that in
strument.
The first clause of section declares that
"eight hours shall constitute a days work
on all works or undertakings carried on
or aided by the state, county or municipal
government"
was to protect the laboring man from
the injurious consequences of prolonged
physical effort, and to give him the re-
mainder of the "a hours for his own per-
sonal affairs, and for the cultivation of
his mental and moral powers, the acquisi-
ton of useful knowledge and for rest
and sleep.
The second clause of the section COM
the health and safety of employees in fac
tories, smelters and mines"
This provision must be regarded as an
expression of the will of the people OF
the state with respect to the subjects and
objects of legislation named in it. And
they possessed all the power to enact
laws with respect to such subjects that
the people of the United States had not
conferred in the national constitution ex-
clusively on that government. Any laws
adapted to the preservation of the health
or safety of employees in factories, smeit-
ers or mines Is within the scope OF TINS
provision. The law must be connected
with some of the objects named. and CAL
culated to effect that purpose; if it is not
so connected and adapted, the court has
the right to hold that it is not within the
scope of the provision. But If there Is a
reasonable doubt as to the connection and
adaptation, the ACCESSIBILITY must be
held by the court to have been with the
law making power1the court must De
so connected before holding 1t void for
that reason.
If the power to pass the law is conceded
the court cannot set it aside because II
injudicious, or because the court may
think that experience has proven 1t SO.
or because the court may think Itself
more sagacious than the legislature, and
can therefore see more clearly that the
law will retard rather than promote prog
ress and prosperity, and will be detri-
ment to the community when actually
applied to human affairs amid the condi-
tons of the future.
This brings us to the question, is the
first section of the statute limiting the
period of employment of laboring men
in underground mines to eight hours per
day. except in cases of emergency where
life or property Is in imminent danger,
calculated to protect the health of such
laboring men?
IT IS CALCULATED TO PROMOTE
HEALTH.
The effort necessary to successful min
ing if performed upon the surface of the
earth in pure air and in the sunlight
prolonged beyond eight hours might not
injuriously affect the health of an able
bodied men, but when so extended be
meath the surface, away from the sun
light might injuriously AFFECT their health.
1t is necessary to use artificial means to
supply pure air to men iaboring IN mines
any considerable distance from the sur
face. That being so 1t is reasonable TO
assume that the air introduced, and the
impure air beneath the surface when
mixed, is not as heaithful as the free ar
upon the surface. The fact must be con-
coded that the breathing of pure air is
wholesome and the breathing of impure
air is unwholesome.
We cannot say that the law limiting the
period of labor in underground mines to
eight hours each day is not celebrated
10 promote health-that 1T is not adapted
10 the pftiGCliUu VI IRE ist-i III Vi tiAc LABS
OF men who work in underground mines.
While the provision of the constitution
under consideration makes it the duty OF
the legislature to enact laws to protect
the health and to secure the safety OF
men working in underground Mines and
in factories and smelters. it does not pro-
hibit the legislature from enacting other
laws affecting such classes to promote
the general welfare.
While the constitution of the United
States is a delegation of powers TO that