Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-14

lie
interest in his welfare. however reck-'
less he may be. The whole Is no
greater than the sum of all the parts.
and when the individual health. safety
and welfare are sacrinced or neglected.
.e State must suffer"
It is q matter Of common knowledge
that the health Of many men is i'm
paired by labor in quartz mills. II
by taking proof that others are not
injured, the Statute is to be declared
void or imperative as to them, We
enter a wide field of uncertainty and
speculation, and instead of having the
constitltionaIity Of the Act rest upon
solid ground and a sure foundation.
its enforcement would become subject
to the more or less speculative opin-
lens Of interested parties and Others
and to the concius:nns Of various
justice courts and jures regarding the
probability of injury to men working
| longer or shorter periods in the places
mentioned and witnesses could testify
/ regarding the consequences to heath
! from labor in these employments and
thereby indirectly regarding the ne
| cessity for legislative action and the
validity of the Statute in each case
as it arose If exceptions based upon
such proof are to be maze to the en-
fCrcement Of the Act, they might de-
pend not only upon the character of
the mill and the distinguishing feat
! ures Of the work of the various men
employed, but upon the age, consti-
| tuition, vitality and probable endurance
of the different employees. the in
gradients used in wor..lng the ores
such as quicksilver cyanide or othe:
chemicals injurious to health, the
the quantity and effect of dust AMI
fumes, the character of the ores and
whether they contained lead, arsenic
or other harmful substances from
day to day. or upon other conditions
and uncertainties which would multi
ply litigation, and lead to doubt AMI
difficulty in securing the benefits ia
| tented by this legislation
, Although Courts should be careful
not 70 usr-p the powers delegated
to the law making branch of the
government. and should not receive
evidence regarding facts of which they
; are satisfied by judicial knowledge ani
; although all reasonable doubts should
). be resolved in favor of the action c1
: the Legislature and constitutionality
; of the statute, yet we are not pre-
, pared to say that there is any con
, elusive presumption in favor Of an.
fact essential to support the validity
a Of the enactment as being within tht
police power Of the State. or that the
: court having proper jurisdiction may
: not receive proof regarding any con
> trolling fact which is in doubt. 4
y review of the decisions indicated tina
, the Courts have acted in cases simila
: to the one under consideration. gen
orally upon judicial cognizance, or !.
in doubt have accepted the jucgmen
of the legislature or received proof.
a Chief Judge Parker, speaking fo
9 the Court in People v. Lochner, II
! n. Y. las, in an opinion filed one day
q after ours in the Boyce case, reviewed
;. many Of the authorities. pointed ,Ou
:. the wide scope of the police powe
!. which the federal Supreme Court ha.
:, often held to Je vested in the legis
a latures Of the various states notwith
!, standing the fourteenth apendm ent
:. cited with approval People ". Havno
, 149 N. Y. 145 (43 N. E. Sal, 81 L. r.
, 6Ss. 50 A M ST. R. 707) which uphold
y an act regarding barber shops, an
j. found as matter of judicial knowledg
!. that work in bakeries and confectio
;. ners establishments was unhealth
4 and for that reason sustained the Ne'
= York Statute restricting the hours {
a labor in those places.
Y Twenty days after the filing of tn
. opinion in re Boyce and before pull
d LEGATION of it had likely reached Their
t the Supreme Court Of Missouri afte
e a careful consideration of the author
tiles, the case being on appeal, hel
a that the act limiting labor to eigf
a. hours a day in underground mines
). that State was Constitutional, that tn
l., validity of the statute could not b
9 made dependent upon the opinions {
n experts as to the necessity for sue
a enactment, and that the testimony
o. physicians, mining engineer Ind for
a. man and of one who had worked thirt
\. four years in the mines, could NJ
~ be received 10 prove that such unde
NJ ground work was not more fnu1riol
4 70 health than laboring the same nul
!, her Of hours on the surface. Justi'
re Fox. all the justices concurring, salt
r. Defendant sought to introduce tes
ar irony of expert witnesses tending
~ show that the underground work co
- templated by this act Of the Leg
oh lature was not attended with dang
h to the health to those engaged In Il
.ss performance OF such work. This tes
an mcny was excluded ~ the Court, ar
he in our opinion. correctly SO. II
r, validity Of laws enacted In the ex'
no else CT the police power of the Sta
no cannot be made dependent upon t
on. views Of experts as to the necessi
as of such enactment. If the constit'
.;-s ionality of all laws enacted for t
cd promo ion of pubic health and safe
zoe can bn assailed in this manner. trI
h., and sadly would 1t be declared t.
nd our laws rest upon a very. weak a
~; unstable foundation.
the state v. Cantwe!i, 17e Mo. PAS -
re S. W. $50.