The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1903-06-13
~ n COURTS.


csrso1 APPEAL yunss
The Eizht-Hour Law enacted last Win
ter recsived its fret test before Justice Of
the Peace Damon, Of Dayton, Lyon
county, on Thursday Of last week.
J. W. Phillips. who operates . plant ct
Silver City, vas arrested for violating the
Las, the complaint charging that be did
then and there vilfully and unlsvfnily
contract with and hire one Joe King 10
work in . quartz mill 81 said town Of
Silver City, known as the DAzet mill, the
same being used for the reduction Of ores,
for a period longer than eight hours as 3
days work and labor. to-wii. for a period
Of tEelve hours; that the said Joe King
did then and there work for the said J..
Warne Phillips u~nlaxfully for 3 period OF
twelve hours asa days work, be being
thea and there so hired TO do 50 by said
J. Wsrne Phillips"
The State was represented by District
Attorney Lothrop, ald the defendant by
Allied Chartz. A. K Pollard, Reece
Roger aad Professor Wise testified that
the Dszet mill was q reduction works,
and that the word institution" wa
properly applicable to it a. an ''institu-
ton for mining" They admitted that
they never heard the place called g re-
duction works prior to the defendants ar
rest, and ii q man bad rebellious ores to
work. they would advise him TO hunt 9
reduction works, and would never think
Of the Dazet mill az q place that could
possibly work it.
A. ]. Taylor called by the State), Her
man Davis. F. Z. Fielding and Professor
Phillips, all experienced and learned men,
testified that the Dazet mill is not Q re-
duction works, in . metallurgical sense,
and n possibly reduce ores; that TO
reduce, the metals must be found in COM
bination within the molecules, and in
such case it cannot be reduced without
carbon-not employed at the Dazet mill.
In support OF their position they cited q
mass Of scientific works, where the word
is not used with reference to the opera
tons of a simple quartz mill, and they
claimed that the operation of the mill
vas nothing but a Communication of the
ore.
The States witnesses claimed that
any breaking up Of the rock would be a
reduction, and any machinery to break
it up would be a reduction works, and
that coffee mills and -four mills are re-
duction works.
Mr.. Phillips testified that he has men
in his employ who were employed by
him prior to the passage Of the act, and
that they are working under the same
verbal contract now that they were work
ing under then, and that If forced to en-
ploy three shifts Of men per day instead
Of two, il may force him to quit entirely,
and will certainly amount to a practical
confiscation Of his property, and that the
value Of the mill will be practically moth
ing.
This evidence covered Constitutional
questions.
Mr.. Cha-tz, in arguing the case claimed
that the Eight Hour Law impaired the
obligations OF contracts. in c~ontrayention
Of Section 10, Article / of the Constitution
OF the United States and abridged privi-
leges and immunities in limiting the
right to contract and employ labor, in
contravention of Section 2, Article "
and Section l OF the Fourteenth Amend
ment OF the same instrument. He found
many other faults with the act, but he
dwelt most earnestly upon the absolute
right. guaranteed by the Constitution, of
citizens to contract one with the other,
provided the contract is according to
good morals.
Justice Damon did not study long over
the Constitutional questions and long
list of authorities cited, which have puz-
zled and worried the Supreme Court OF the
United States. At the conclusion OF the
argument OF District Attorney Lothrop,
he said: | find the defendant guilty as
charged. and fine him $100."
Attorney Chsrtz gave notice that the
case would be appealed to the higher
court, and will eventually come before
the State Supreme Court where the con-
s~titutionality Of the law will be decided.