Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-07-30
IT SHOULD BE TESTED.

At the opening OF the political cam
paign in this State last year all the or
gained parties. Democratic, Silver
and Republican, declared in favor of
an eight-hour law. Every candidate
who was nominated for Office was pied
ged to the support of such law, and
every man who voted cast his ballot
for law making eight hours days
work in mines. smelters, mills and
wherever such law could be made to
apply.
The last legislature acted accord
ingly and placed upon the statute
books law making eight hours
days work in mines. smelters and
other institutions for the reduction of
ores. No sooner is this measure en-
acted into law than a considerable op-
position manifests itself, some oppos-
ing it on one ground some on another
and some on several different grounds
Among other objections it is urged
tHGG 1t fIOldItS tHc COuSIltGLlOu Oh lub
United States. the Constitution Of the
State of Nevada and the natural right
of men to contract for labor as Icy
please. SO long as they do not infringe
the rights of other people. 1t is also
claimed that as an industrial PROPOSE
ton it has been and will be an injury
fO tho State of Navajo
In both its legal and its industrial
aspect the question involved is very
important one. AS political economy
is not an exact science. it is doubtful
whether the merits of the law, consid-
cred in its effect upon the business of
the State, can ever be settled with
anythirig like absolute certainty. En-
bloves.,s and employees naturally ap-
proach the subject from different stand
points. because their interests in the
question are different. The working.
man is anxious tC shorten his days
labor while the employer wishes to
have it heightened.
The fact that disputes have arisen
and may hereafter arise under the law
proves nothing as to it's merits. The
Government of the United States is
firmly committed to the principle OF
an eight-hour day on all public works.
So are many Of the states and NUM-
cipalities of the Union. Some of the
States are likewise committed to an
eight-hour day in certain kinds of
private employment Among these are
Utah, Montana and Nevada. Colorado
is in the same class as far as the voice
of the people is concerned. Hence, it
can be affirmed fairly that the con-
census of public opinion, where not ip-
~siderations '- =
41uaHeea by selflsn co'.~ -
favor of an eightRour day Our people
ha-8 voted to give it trial in certain
lines of employment, and we are hard
" justified in condemning it without
a fair test
But the question is now before us al
a legal one Is the law constitution
al? In the settlement of this ques
ton it counts for nothing to argu
that the law is unwise, and that
permitted to stand it will be injuriou
to the State. That is matter 10
the Legislature representating tn
people to determine. The courts wi
not undertake to say whether certaf
law is wise of unwise. That would
usurping legislative functions. A
that the courts can do is to interpre
the law and decide whether the legi
lature had the constitutional powe
to enact it.
\ OF the law under consideration OF
legal test has been made and the Di
trict Court of this judicial district HI
decided that the law is unconstitution
The public hsdIct Rpeen anthem
cally informed as to the grounds up
which this decision is based. Jud
Murphy seems to have acted up
the authority of the Supreme Cot
of Colorado, which held a similar Il
to be unconstitutional upon t.
grounds, namely, that it was spec
legislation, and violated the right
men to contract freely with each 9th
The Utah Supreme Court has dec
ed the same question directly the OIL
way. and in doing SO has 5een uph
by the Supreme Court Of the UNI
states. It is claimed. though. t
the Utah cases are not applicable
cause the Constitution Of that 81
expressly authorizes such legislat
while our Constitution does not.
against this view it is urged that
Utah court. while holding that the .