Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1904-01-16
"ETGHT-HOUR LAW
CONSTITUTIONAL
Supreme Court UphOlds Act
Of the Legislature
Judges Fitzgerald and Talbot Concur
in Opinion, But Judge
Belknap DiSSentS.

District Attorney Richards re-
ceived a dispatch Monday morning
from Attorney General Sweeney an
nouncing that the supreme court had
rendered a decision in the case of the
eight-hour law and had declared the
work of the legislature constitutional.
The news Of the decision was re-
ceivedi in Tonopah with every evidence
of approval and was generally com
mended, it being the belief of most
of Tonopah's people-employer and
employee alike-that eight hours
labor in and about the mines, mills
and SHELTERS, a long enough day for
anyone.
From the Carson Appeal of the
18th we extract that papers more
full report of the decision, and it is
as follows:
"The much looked for and important
opinion in regard to the eight-hour
law, which passed the legislature Of
1903, has been declared constitutional
or so says the supreme judges. The
decision was filed in the secretary of
states Office last evening, and is now
being copied at that office.
''The decision is written by all three
of the Judges. Judge Fitzgerald and
Judge Talbot declare the law consti
tutional while Judge Belknap dissents
in an opinion. The decision lovers
over 60 type written pages and is
covered with citations and law points.
"The law and it's decision has prob
ably been watched keener in this
state and other parts of the union
than any law passed in years, as it
carries a broad field with it. The
law makes it unlawful for any midi
vidual company or corporation to
employ men in mines, mills, smelter
or reduction works for a period of
more than eight hours in twenty-four.
Now that the law is sustained by the
supreme court of the state it looks
as though Nevada is on an eight-hour
basis as far as her mines and reduc-
ton plants are concerned:
1.-THE law is the effort of two ses-
sions of the legislature. The first
attempt to pass it four years ago
was defeated by a small majority.
1t was introduced by Asscmblyman
Burke and was known as the Burke
bill. Last winter the bill was again
taken up, 1t was amended in a
number of particulars but the sense
and tenor of it remained. 1t went
through the last session with only a
few dissenting votes. The fact that
both parties were pledged to the
law made it easy sailing and when
the vote was taken the party lines
were swept aside and nearly every
member. voted for the bill.
Shortly after the'bill became a law
it was given a test. w. G. Boyce
was arrested for working men over
eight hours per day in a mining
claim. The case vas taken before a
Justice who decided against Boyce.
The case was then taken before Judge
Murphy Of the first judicial district,
who held the law unconstitutional.
Attorney General Sweeney immedi-
ately took action on the part of the
state to carry it before the supreme
court Of the state. The decision OF
the court in sustaining the law leaves
Nevada on an eight-hour footing as
far as all her mines and mills are
concerned"
The Appeal also states that the
attorneys on behalf OF the respond,
ents have asserted that they will take
the case to the United States supreme
court, but in view of a decision rem
dered by that tribunal in the early
part of December in q case brought
before them from the Kansas su-
preme court, involving the constitu-
tionality Of an eight-hour law enact
ed by the legislature of that state,
in which Justice Harlan, who read
the opinion OF the court, declared in
his closing lines that while a stat
ute like the one before the court may
hn nninohiouni,c In tic Tendencies the