Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-01-24
Petitioner Renamed to Custody.
(SyIIabus by the Court, 6eIknap, c. J.
Dissenting).
Eish.-Hour Internationally.

1. TIE Act Of February %, 1903, pro-
viding an eight-hour day for all work
ingmen in mines, smelters and mills
for the reduction of ores. is not void
under Section l Of Art. l of our State
Constitution, guaranteeing to citizens
the right to acquire and possess pro-
perty, nor is the Statute in conflict
with Section Fl Of Art. 4, which pro
vides that in all cases where a general
law can be made applicable, all laws
must be general and Of uniform op-
Grafton throughout the State.
2. Nor is the Act mentioned mimi
cal to the fourteenth amendment to
the Federal Constitution which pro-
vides that mo State Shall make or
enforce any law which shall abridge
the privileges or immunities Of citi-
Gems of the United States; nor shall
any State deprive any person Of life
or liberty or property without due pro-
cess of law; nor deny to any person
within its jurisdiction the equal pro-
lection of the law"
3. lne people, and through them
the Legislature, have supreme power
in all matters Of Government where
not prohiblIed by Constitutional limi-
tations, and while the powers of the
Federal Government are restricted to
those delegated, those of the State
government embrace all that are not
forbidden.
4. All acts of the Legislature are
presumed to be valid until it is clear
ly shown that they violate some Con-
stitutional restriction.
). The Legislature has inherent au-
thority under the general police pow
er of the State to enact laws for the
promotion of the health, safety and
welfare of the people, and its arm
cannot be stayed when exercised lor
these purposes.
s. II the restriction of the hours
of labor be deemed regulation or
limitation on the right to acquire pro-
perty, the occupations to which the
act applies are not considered health
full, and it was therefore within the
power and discretion Of the Legisla-
ture to enact the Statute for the pro-
lection of the health and prolongatio1
CT the lives IF the workingmen at
fected and the resulting welfare Of
tie State.
(. Ques,lons relating to the wis
dom, policy and expediency of Statu-
ties are for the peoples representa-
tives II the Legislature assembled,
and not for the courts to determine.
Talbot, J.
Plaintiff was arrested, convicted
and sentenced for working in an un-
derground mine more than eight hours
in one day contrary to the provisions
of an Act passed by our last Legis-
lature, which provides:
section 1. The period Of employ
ment of working men in all under
ground MINES or workings shall i've
eight hours per day except in cases Of
emergency where life or property is
in imminent danger.
section 2. The period of employ
ment Of workingmen in smelters and
in all institutions for the reduction
or refining of ores or metals shall be
eight hours per Jay, except in cases
Of emergency where life or property
is in imminent danger
Section g. Any person who violates
either of the preceding sections of
this Act, or any person, corporation,
employer or his agent, VINO hires, cen
tracts with, or causes any person to
work in an underground nine or other
institution or place for the reduction
or refining of ores or metals for a
period of time longer than eight hours
during one day unless life CIR property
shall be in imminent danger shall! be
guilty of a misdemeanor and rlon
conviction thereof shall be punt; 1o3
by fine of not less than one I'm red
dollars, nor more than FIVE hun; red
dollars, or Imprisonment in the cGuu-
ty Jail not more than six months, ~
by both such fine and Imprisonment.
Section 4. This Act shall take Ct
feet sixty days from and after it's pas
sage.
Statutes Of Nevada 1903 page SO.
Upon his failure to pay the fine OF
one hundred dollars imposed he was
Committed to the custody of the she
riff He applies to this Court for his
liberty and on his behalf it is urged
that his conviction is void because the
Statute conflicts with Sec. / Of Arti-
Gle l Of our State Constitution which
declares that "All men are, by nature
free and equal, and have certain in
alienable rights, among which are
those Of enjoying and defending life
and liberty; acquiring, possessing and
protecting property, and pursuing and
obtaining safety and happiness" and
that the Act is inimical to the four
teenth amendment to the Federal Con
stitution which declares that INC
State shall make or enforce any Law
which shall abridge the privileges Of
immunities of citizens of the United
States; nor shall any State deprive
any person Of life, liberty or propert,
without due process Of law; nor deny
to any person within its jurisdiction
the equal protection Of its laws"
Although the constitutionality 81
this eighthour law is now challenged
before US for the first time and ques
lions of much interest and great i'm
port are involved, the fundamental
principles which govern the determi
nation of its validity, have heretofore
been recognized and enunciated b,
this Court and. by the Supreme Cour