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

by this court in several decisions, its
validity will be presumed until it Is
clearly shown to be unconstitutional.
Justice Harlan, in delivering the Op-
inion of the Supreme Court of the
United States a few weeks since in
the case involving the Kansas law
making eight hours day for all en-,
gagged on public work, State, city or
county, different question than that
involved here. made these pertinent
statements: $50, also, if it be said that
Statute like the one before us is
mischievous in it's tendencies, the ans
wer is that the responsibility therefor
rests upon the legislators, not upon
the courts. No evils arising from such
legislation could be more far reach
ing than those that might come to
our system CT government If the judi
ciary, abandoing the sphere assigned
to it by the fundamental law, should
enter the domain OF legislation and
upon grounds merely of justice or rea-
son and wisdom annul Statutes that
had received the sanction of the peo-
pies representatives. We are remind
ed by counsel that it is the solemn
duty of the courts in cases before
them to regard the constitutional rights
Of the citizens against merely arbi-
trary power. That is unQuestionably
true. But it is equally true-indeed the
public interests imperatively demand
that legislative enactments be re-
cognized and enforced by the courts
as embodying the will of the people.
unless they are plainly and palpably
anu beyond all question in violation Of
the fundamental law of the constitu-
ton"
In Wallace v. Mayor and City of
Reno, 70 P.-531, q New, we held
that the people, and through them,
the Legislature, had supreme power
in all matters of government where
not restricted by constitutional limita-
tons, and adopting the language of
the Supreme Court of the United
States, we said: whatever differen-
ces of opinion may exist as to the ex-
tent and boundaries of the police pow
er, and however difficult it may be 20
render a satisfactory definition of it,
there seems to be no doubt that it
does extend to the protection of the
lives, health and property of the citi-
Zens. and to the preservation of good
order and the public morals. The Leg
islature cannot, by any contract, di
vest itself of the power to provide for
these objects. They belong emphati
cally to that class of objects which
demand the application of the maxim
Sails populi suprema est lex and they
are to be attained and provided for
by such appropriate means as the leg
islative discretion may devise. All
rights are held subject to the police
power Of the State" The cases hold
ing that the Legislature may pass
measures tor the protection of the
health, safety and lives of the citi-
zens are too numerous to require CT
tation. These have been enacted and
upheld in a variety of forms which
limit in a greater or less degree the
control and acquisition of property
Quarantine regulations, State and Nat
ional, for the protection of the many
and in restraint of the individual, and
effecting people and various animals
prevail generally, the use of safety
devices has been enforced in mining
mills and factories, and on railroads
BY ordinance vestibules are required
on street cars to protect motorm en-
from the inclemency Of the weather
various trades are prohibited or regu.
lated, SO as not to injure the health
of those employed or others, pro
portion of private property is exact
ed by way of taxation for the support
of schools, asylums, hospitals and for
other public and beneficial purposes
present and future. More directly
laws have been sustained shortening
the hours of labor in bakeries, barbe.
shops and laundries. places less un.
healthy and affecting a smaller class
than mines and smelters, and for wo-
in orr fo oh mo- nj
Considerations peculiar to sex have
been advanced in some instances N
support of the latter, but to have
strong. healthy men, instead Of sickly
and disabled ones, without earning
and self-supporting capacity, and re.
sultant widows and orphans depend
ent upon private and public charity
is quite as important to the State in
time Of peace or war, and the health
and lives of all the people, wherever
endangered, should receive care and
protection.
OF the Statute we have under con.
siderauon Sections 1 and 2 are copied
literally and Section 3 substantially
from an Act found in the Session
laws OF Utah for 1896, at page 219
which was sustained as being not un.
constitutional by the Supreme Court
of that State and of the United States
State " Holden IA Ut, II & So
46 P 1855, 81 l.. r. A. 103
Holden V. Hardy 1G9 U. S. 366-12
l. r. A. $50.
Short V. Mining Co., 90 Ut, 2O-45
l.. r. A. 603-57 P. 720.
The Utah Bill of Rights, in slightly
varying language, contains the same
guaranty as ours for acquiring and
holding property, but Section 6 of Ar
ticle 16 in the Constitution of that
State directs that THE Legislature
shall pass laws to provide for the
health and safety of employees in fac
tories, smelters and mines" This mus
be regarded as command to the
Legislature there on subject in re
gard to which our Constitution is 81
lent, but the validity of the Statute
under challenge depends upon power
which may exist without the com
, mand. This direction to the Legisla
, ture would imply and supply power j
it did not otherwise exist, but as WI
: have already seen the authority t.