Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-01-24

pursued, the Legislature has judged
to be detrimental to the health OF the
employees, and. so long as there are
reasonable grounds for believing that
this is SO, it's decisions upon this sub
ject cannot be reviewed by the courts:
while the general experience M
mankind may justify us in believing
that men may engage in ordinary en-
PIGMENTS more than eight hours per
da without injury to their health, 1t
does not follow that labor for the same
length Of time is innOcuous when car
ried on beneath the surface OF the
earth, where the operative is deprlv-
ed of fresh air and sunlight, and Is
frequently subjected to foul atmos-
phere and a very high temperature,
or to the influence Of noxious gases,
generated '.y the processes OF refining
or smelling"
Continuing, the United states Su-
preme Court said:
I'VE concur in the following obser-
yations of the Supreme Court of Utah
in this connection in its opinion In No.
2:
l0o CONDITIONS Will ACoPCSS "
health of laborers in underground
mines doubtless differ from those In
which they labor in smelters and OF
her reduction works on the surface.
UNREASONABLE the atmosphere and
other conditions in mines and reduc-
ton works differ. Poisonous gases,
dust and impalpable substances arise
and float in the air in stamp mills,
smelters and other works in which
ores containing metals, combined with
arsenic and other poisonous elements
or agencies, are treated, reduced and
refined, and there can be no doubt that
prolonged effort day after day, subject
to such conditions and agencies, will
produce morbid, noxiOus and oftee
deadly effects IN the human system
Some organisms and systems will re
sist and endure such conditions and II
fects longer than others. 1t may he
said that labor in such conditions must
be performed. Granting that, the per
iod of labor each day should be OF rea
sonable length. Twelve hours per da,
would be less injurious than fourteen
ten than twelve and eight than ten
The Legislature has named eight. Sucl
a period was deemed reasonable. Tht
law in question is confined to the pro
lection of that class of people engaged
in labor in underground mines, and il
smelters and other works wherein
ores are reduce. and refined. This Law
applies only to the classes subjecte'
by their employment to the peculia
conditions and effects attending under
ground mining and work in smelters
and other works for the reduction an
refining of ores. Therefore it is nc
necessary to discuss or decide whethe
the Legislature can fix the hours '
labor in other emplOyments. Thong
reasonable doubts may exist as to tn
power OF the Legislature to pass la'
or as to whether the law is calculate
or adapted to promote the health
safety or comfort Of the people, or
secure good order or promote the gel
eral welfare, we must resolve them
favor Of the right of that departmel
OF government. But the fact that bot
parties are of full age and competeI
to contract does not necessarily d
prive the State of the power to int
.fere where the parties do not stan
upon an equality, or where the publ
health demands that one party to tt
contract shall be protected again
himself. The State still retains an j
terest in his welfare, however rec
less he may be. The whole is no gree
er than the sum Of all the parts, al
when the individual health, safety al
welfare are sacrificed or neglecte
the State must suffer.
I'VE are of the opinion that Il
Act in question was valid exercise
the police power of the State. and Il
judgments of the Supreme Court
Utah are, therefore, affirmed"
In People v. LOchner, rs N. Y. SUP
$685. the Supreme Court OF New 70
said:
1.-The police power of the State
the power which enables it to promo
the health, comfort, safety, and W
fare of society 1t is very broad a
far-reaching, but it is not without
limitations. The line between the va
exercise of the police power and t
invasion Of the private rights is Gle
ly drawn by Judge Earl in his opini
in Re Jacobs. SO NJ Y. no. SO A
Rep 636, He says:
Generally it is fol1 the Legislatr
to determine what laws and reguls
ons are needed to protect the pub
health and secure the public conf
and safety; and while its measul
are calculated, intended, convene
and appropriate to accomplish the
ends, the exercise of it's discretion
not subject to review by the coul
But they must have some relation
these ends
IF the act and constitution can
construed so as to enable both
stand, and each can be given a pro-
and legitimate Office to perform, it
the duty of the court to adopt s,
legislation. The Legislature under
police power may certainly regul
or even prohibit the carrying on
any business in such manner and
such place as to become dangert
or detrimental to the health, NOR,
or good order of the community.
Judge Vann in discussing the
tute entitled An Act to regulate b
bering on Sunday in People ". H
nor, 149, N. Y 2O4, 43 N. E. SAL,
L. r. A. $50, 50 Am. ST Rep TOT, sa
AS BARRIERS generally work M
hours each day than most men,
I nfnlH