Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-09
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

In the Matter Of the Application
Peter kair, For Writ Of Habeas
corpus.
In the Justice Court at Dayton pei
itioner was convicted and sentenced |,
to pay a fine Of 500 or serve an al
tentative of one day for every two
dollars thereof in the County Jail on
a charge of misdemeanor, for working |
more than eight hours in one day |
in wet crushing quartz mill, contrary |
to the provisions of the Act approved !
February z3 1908, by the terms of
which the period Of employment OF
working men in underground mines,
smelters and ''all institutions for the
reduction or refining Of ores or metals"
is limited to eight hours per day, under
penalty which specifies fine of not
less than 500 nor more tnan $500,
or imprisonment in the county jail
not exceeding six months, or both.
(Stat, 1903, P. 33) Upon failure TO
/ pay the fine imposed he was COM
mitted to the custody of TIE Sheriff OF
! Lyon County, and by writ of habeas
! co rpus demands of this Court his re-
lease, asserting that the Statute men
toned is unconstitutional and cannot
be enforced to limit his liberty to con-
1 tract or to WORK more than eight
hours per day under Section of Arti-
Gle l of the organic act of this State
which guarantees the right to acquire
and possess property, and that it is al
SO in conflict with the eighth amend
ment of the federal constitution which
directs that excessive fines and cruel
and unusual punishment shall not be
imposed.
In re Boyce 81 New 299, Is p l, IS
L. r. A. AZ we had occasion to give
the act in question extended consider
alton, and held that It was Consti-
tutional and enforceable against one
who worked longer than eight hours
per day in an underground mine.
After more mature reflection We are
still satisfied with the reasoning and
conclusion reached In that opinion,
and it Is unnecessary to repeat them
| to any great extent. We there hold
as a matter of common knowledge
that prolonged labor in the places
mentioned in the Statute was injur
ious, and if necessary to resort to thai
power that the legislature were war
ranted in passing that act as a police
or health regulation for the protection
Of the men employed i'll those places
ard the benefit to the State. In the
present case it is sought to avoid thi;
reason or justification for the enforce
ment of the act by stipulation that
the occupation followed by petitioner
was not injurious, and by testimnoy
that labor performed in wet crushing
quartz mills is not unhealthy, excep
for the men working around pans ant
settlers.
Adhering to our opinion in re Boyce
I'VE are not prepared to say that the
, mining, milling and smelling of ore!
are not avocatiOns SO unhealthy ant
I hazardous that they may not come
under the protecting arm of the leg
islature; but to recognize these con
ditions and pass laws for their ameli
grafton and which may protect thu
health and prolong the llves of tn
men so employed we think Is within
the legitimate powers of the law max
4 ing branch of our government. II
these matters were uncertain whel
y their existance is necessary to sustain
= the law. the doubt should be re
y solved in favor Of the statute for
: as held by this Court in several d.
\ cisions. it's validity will be presume
q until it is clearly shown to be VI
II constitutional AS applicable her
u we repeat a part of the language
= the Supreme Court of Utah which W
= quoted in that case, and which ha
Z been adopted by the Supreme Cou'
8 of the United States as part Of tn
( decision in Holden v. Hardy:s
4 "Unquestionab1e the atmospher
q and other conditions in mines and r,
s duction works differ. Poisonous gase
Z dust and impalpable substances arts
Z and float in the air in stampmill
4 smelters and other works in whe
q ores, containing metals. combine
( with arsenic or other poisonous ell
q ments or agencies, are treated, r
& duced and refined: and there can
q no doubt that prolonged effort de
& after day, subject to such condition
. and agencies, will produce morbi
~ DoxiCus and other deadly effects
the human system Some organism
and systems will resist and endu
such conditions and effects long
- than others. 1t may be said that lab
6 in such conditions must be performe
= Granting that thc period Of labor ca
{ Gay should be of reasonable leng
( ! Twelve hours per day would be le
injurious than fourteen, ten tn
& twelve. and eight than ten. T
Legislature has named eight Su
Z a period was deemed reasonable T
: law in question is confined to I
Z protection of that class of people
6 gagged in labor in underground min
4 and in smelters, and other VOL
Z wherein ores are reduced and rein
4 This law applies only to the clas
& subjected by their employment to
& peculiar conditions and effects ate
4 ing underground mining and VIC
. in shelters, and other works for
reduction and refining of ores The
n fore it is not necessary to discuss