Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-10-10

l
police powers"
The cases are distinguished on a
question of fact. work in bakeries no.
being considered mere unhealthful
than in ordinary emplovments nv the
majority of the court. while evidently
the opposite was held in regard to
labor in mines and mills for the re-
duction of ores Justice Peckham III
the opinion of the Court said:
We think there can be no fair
doubt that the trade of baker. in
and of itself, is not an unh ealthy one
10 that degree which would authorize
the legislature to Interfere. In look
ing through statistics regarding all
trades and occupations, it may be true
that the trade of baker does not
appear to be as healty as some other
trades, and is alsovastly more healthy
than some others. To the common
understanding the trade of baker has
never been regarded as an unhealthy
one. 1t seems to us that the
real object and purpose was simply to
regulate the hours of labos a pri-
vate business not dangerous in any
real and substantial degree to the
health of the employees"
The conclusion of the Supreme
Court of the United States was quite
different regarding the effect of labor
I in quartz mills, where, in adopting the
language of the Supreme Court of
Utah in Holden v. Hardy it was said:
Poisonous gases, dust and inpalable
substances arise and float in the air
in stamp mills, smelters and other
works in which ores containing met
ais, combined with arsenic c. 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 other deadly eff
! fects in the human system. Some
| organisms and systems will resist and
| endure such conditions longer than
| Others"
| That the legislature may regulate
and limit the hours of labor in employ
ments that are dangerous and espe-
cially unhealthy, is no longer open to
doubt. That underground mining and
smelling, milling and reduction OF
ores are occupations of that kind and
| subject to reasonable legislative regu-
\
we think is well settled by these de-
cisions in Missouri and Utah. and By
the Supreme Court of the United
United States in Holden v. Hardy and
in New York, and by this ocurt in re
Boyce. The question remains wheth
er the particular mill and employment
| in which petitioner worked should be
exemptedfro m the operation of the
statute under his claim that labO-
there is not unhealthy? Subject to OBJ
lection and to the admissibility OF
the evidence being determined later
witnesses have been sworn and inter
rogated before us regarding this mil
and a few wet crushing ones in thai
vicinity
On behalf of petitioner they test
fed that labor in wet crushing quart.
mills is perfectly healthy and prefer
able to outside work, that the danger
depends upon the construction of tn:
mill, that there is no dust in thu
DaZet and other wet crushing mills
in that vicinity, and no danger il
amalgamating if the men do not lie
the pans get too hot and are careful
about raising the lid, that they do no
need to get their hands and theil
: feet wet, and that work around eva
hide plants is unusually healthy. o.
cross examination witnesses admitte
; that some mills are unhealthy becaus
improperly constructed, that dust ma
arise from rock breakers in wet crush
ing mills, that they have known me-
to have become salivated, and that tn
constant din of the battery may effec
the hearing, that cyanide produces
. sores on the skin of men who wer
!. careless in shoveling out tanks an
: that work around the tanks is consi(
. cred unhealthy.
!, For the petitioner a physician {
, twenty-eight years experience state
: that he knew of no specific diseas
: peculiar to mill men except possibl
miners consumption, which nigh
, arise from the dust floating in tn
: mills, that the din may injure tn
hearing in some cases, and that tn
= jar would not effect the kidneys of
strong man, that during seven year.
experience at mining town in tn
! Eastern part of the State he foun
that men engaged with free millin
9 ores were generally h, altny, and thos
y engaged with base ores containin
lead and such substances weres liabl
q to be injured, that work in unde
6 ground mines was more injuriOu
Q than in mills, and that men had b.
! come afflicted with miners consum]
q ton on the oCmstock
r. A witness for the State testified
o I That he had worked in the Dazet mil
:. the one in which petitioner was en-
4 ployed. That car of ore is run Q
# to and dumped over a grizzly abo,
n every fifteen minutes, and quite dul
e arises. That rock breaker wit
r large jaws makes fiinty dust and afts
T. a man works there awhile he can SD
$ it out in chunks, and that the dust sc
r tied over the mill. That he never sa
j man clean a battery that he did n.
e get wet. That he had worked wit
# hundreds of men in mills and ha
e heard them complain and knew the
e hearing and nerves were effecte
d That the jar injured their kidney