Gilpin observer., 1899-07-20


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 n
month and which by the courts act
erased as 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 it 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-
yenience of the judges composing the
high court.
After some routine business had
been attended to, a pause came and
Chief Justice Campbell glanced at his
auditors as though commanding extra
silence. He was given all the atten-
tion desired. He announced:
I'm the matter of cases 4O66 and
4O67.
IAN original application in each of the
above entitled causes was made in this
court for a writ of habeas corpus, al
leging 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
case, that the petitioner, as the agent
Of an employer, had hired a person to
work in n 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-
ployment was in violation of and pro-
hibited by the provisions of an act
passed by the last general assembly
fixing eight hours as the period of a
days labor in smelterS and under
ground mines. In each case the writ
is based, and a discharge from the Gus
tody of the sheriff is asked, upon the
ground that the 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, a 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 determination as could
be reached consistent with careful
examination of the cause on its mer-
its. We are admonished, also, that un-
til the decision is announced, no per-
manent arrangements can probably be
made between the employees and the
employers looking to resumption of
work; and to the end, so far as 1t is
within our power, to remove any pos
sible obstacle to such an arrangement,
as well as to determine the validity of
the act itself, we have concluded to
announce the decision now and hand
down the opinion later, in which our
reasons for the conclusion reached will
be fully given. This course is neces-
STATED by the fact that, before these
applications were filed, number of
important causes, some of which in
volved the administration of the Grim
inal law in our nisi prius courts, were
then pending and under consideration,
the decision of which before adjourn
ment of the present term seemed i'm
perative. 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, 1t was, contrary to our
own preference, and much to our own
incOnvenience-whic of course, we
waive-decided to announce the result
of our deliberations in advance of fill
ing an opinion, which, as matter of
course, In any cause ought to be pre-
pared with n degree of care commen-
surate with its Importance.
"Since 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
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 by extended discussions of the i'm
nnrfQnf nnnStinnC In
most careful and earnest considera-
tion Of the case we have unanimously
reached the conclusion that the So
called eight-hOur law under which the
criminal charges against the petition
ers were brought, Is wholly unconstitu-
tional and void.
"The order, therefore, of the court is
that the petition in each case, be, and
the same is hereby granted, and that
the petitioner therein be, and hereby
is, discharged from further custody"
That was all. and the court immedi-
ately adjourned. No demonstration fol-
lowed. The laboring men looked MS
stolld ms the judges themselves, but no
one doubted that they felt disappoint-
ment In their hearts. They quietly left
the court room, many saying: "That.
ends 1t. 1t is too bad"
A special to the Denver News from
Glenwood says Ex-Governor J. B.
Grant and family arrived there Sun
day and registered Mt the Hotel Colo
rado. He said that the decision of the
court was no surprise to him. as he
did not see how 1t could be otherwise
decided than that the law was uncon-
stitutional.
Asked rs to whether the decision
would make any change in the offer
made by the American Smclter Com
pany of 10 per cent. advance, an
swered most emphatlcally, mo, II
would not" AS to the hours of labor
he would not sny what would be done.
Mr.. Grant stated that he had received
n letter from Mr.. Nash. who was now