The state herald., 1899-07-21

mines and smelters unconstitutional.
The decision by the three judges was
unanimous against the now celebrated
labor measure which was law on the
statute books little more than
month and which by the courts act
erased us law and made null and void.
No opinion stating the reasons ac-
companied the announcement OF the
decision The court, by Its chief JUS
tice, said that 1t had been hurried by
the exigencies of the case to declare
Its opinion before 1t was ready to
state its reasons, but that these would
be promulgated in due time-at the con-
venience of the judges composing the
high court. ffsl l5gI.ss
After some routine business had
been attended to, pause came and
Chief, Justice Campbell glanced at his
auditors MS though commanding extra
silence. He was given all the atten-
ton desired. He announced:
"In the matter of cases 4066 and
1867.
Anoriginal application In each Of the
above entitled causes was made In TINS
court for a writ of habeas corpus, al
tcging that the petitioner was Illegally
committed by an order of justice of
the peace, and Hereunder was unlaw-
| fully restrained of his liberty by the
sheriff, upon the charge, in the one
ease, that the petitioner, as the agent
Of an employer, had hired II person to
work in smelter: and, in the other
case, that the petitioner, as the one so
employed, had engaged to work
therein, and that the contract of en-
ploymcnt was fn violation of and pro-
hibited by the provisions of an act
passed by the last general assembly
fixing eight hours as the period of n
days labor in smelters and under
ground mines. In each case the writ
Is based, and discharge from the Gus
tody of the sheriff is asked, upon the
ground that 'flle act in question Is un-
constitutional.
"In view of the fact that controver-
sizes over the validity of the act had
caused, or contributed TO cause, ces-
satiOn of work In some of the smelters,
and possibly in some of the mines in
the state, we recognize the Importance
Of as speedy n determination as could
be reached consistent with a careful
examination of the cause on its mer-
, Its. We are admonished, also. that un-
/ Ill the decision is announced, no per-
manent arrangements can probably be
made between the employees and the
employers looking to a resumption of
work: and to the end so far as II is
within our power, TO remove any pos
slble obstacle 10 such an arrangement,
as well ms 10 determine the validity OF
! the act itself. we have concluded 10
i announce the decision now and hand
down the opinion later, in which our
reasons for the conclusion reached will
he fully given. This course is neces-
STATED by the fact that, before these
applications We're filed, n number Of
Important causes. some OF which In
volved the administration of the erin
Innl law In our nlsi prius courts, Were
| then pending and under consideration.
the decision Of which before adjourn
ment OF the present term seemed i'm
pcratlve. Finding. therefore, In the
state OF business before us, that 1t
would be impossible to formulate the
opinion prior TO the announcement OF
the decision, II was, contrary TO our
own preference, and much to our own
convcnlcuce-whlch. OF course. we
w1lye-dccldcd TO announce the result
OF Our deliberations In advance OF I'll
Ing an opinion. which. MS matter OF
course, In nny cause ought TO be pre-
pared with degree of care commen-
surate with Its Importance.
"Slnce oral argument OF counsel, We
have given an attentive examination
TO the briefs OF counsel. to the many
authorities cited by them. and TO 9th
/ ers which our own Investigations have
4 led us. Each member OF the court has
made an Independent Investigation for
himself. and after SO doing we have
had frequent consultations, accompa-
MED 10y extended discussions OF the I'm.
portnnt questions involved. After n
most careful and earnest consldera.
tlon Of the ease we have unanimously
reached the conclusion that the So
called elghl-hour law under which the
criminal charges agnlnHs the petition
crs were brought, * wholly unconstltu-
| tl0nal and void.
"riic order. therefore. OF the court Is
that the petition In each cnsc. be- aud
the saline IL hereby granted. and that
the petitioner therein be-. and hereby
IL. discharged from further custody"
That was nll. and the court lmmedl.
ntely adjourned. No demonstration fol.
lowed. The labUring men looked ms
stolld NJ the Judges themselves hut no
one doubted thni they felt dlsnppolnt.
mcnt In their hearts, They quietly left
| the court room. many saying: THAT
ends II. II Is TOO bad"
A special To the Denver News from
Glcnwood snys Ex-Governor j. ~,
Grant aud family arrived there Sun.
| day and registered Mt the Hotel Colo.
RADIO. He said TINT the decision Of the
court wns no surprise 10 him. MS he
did not see how II could be otherwise
decided than that the law was uDcon.
siitu,lonnI.
Asked NJ TO whether the decision
would make any change IN the Offer
made hy the American Smcltrr Com
pnny of 10 per cent. ndynncc. nm.
swcrci most cmphntlcnlly. mo. II
would not" AZ 10 the hours OF labor
| he would not say what would be done.
| Mr.. Grant stated that he had received
n letter from Mr.. Nnsh. who was now
NJ Omnhn. that he would hr In ben.
yer on wednesday and That mntlcr
would come NJ on his arrival
n. wns asked M To the percentage
of men employed nj the smcltcrs who
were directly affected by the eight.
hour law. lie snld not over \ per cent.
Of them. bu, indirectly over 5000 were
affected. The amoltcrs nj Lcndyillc.
! the Arkansas. had about 40 men now
nj work, and the nimcInlllc wnA prnc.
,lcnlly running In full numbers.
4