Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-11

interest in his welfare. however reck-
less he may be. The whole is no
greater than the sum of ali tho parts.
and when the individual health. safety
. and welfare are sacrinced or neglected.
tie State must suffer"
1t 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 mat 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
i ccnstitutionaiity Of the Act rest upon
solid ground anO a sure foundation,
its enforcement would become subject
to the more or less speculative opin-
ions Of interested parties and othes
and to the conclusions Of warriors
! justice courts and juries regarding the
! probability of injury to men working
longer or shorter periods in the places
mentioned and witnesses could testify
regarding the consequences to Eealth
from labor in these employments and
thereby indirectly regarding the ne
cessity fer 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-
| fOrcement of the Act, they might de-
pend not only upon the character OF
the mill end the distinguishing feat
ures Of the work Of the various men
employed. but upon the age, consti-
tuition. vitality and probable endurance
CT the different employees, the in
gradients used in WORKING 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 an
: difficulty in securing the benefits il
!, tented by this legislation.
a Although Courts should be careful
4 not to usr~p the powers delegate1
to the law making branch of th'
), government, and should not receive
, evidence regarding facts OF which the
, are satisfied by judicial knowledge an
: although all reasonable doubts shout
:. be resolved in favor of the action C
# the Legislature ana constitutionalit,
>. pared to say that there is any cor
n elusive presumption in favor of an
: fact essential to support the validit
q of the enactment as being within tn
= police power Of the State. or that til
a. court having proper jurisdiction ma
= not receive proof regarding any COZ
~ trolling fact which is in doubt.
y, review Of the decisions indicated tina
{nl CHI, f-
~ ! to the one under consideration, ge,
"a orally upon judicial cognizance, or
in doubt have accepted the judgmeI
of the legislature or received proof.
% Chief Judge Parker, speaking fc
&c the Court in People V. Lochner, II
~ N. Y. 145, in an opinion filed one da
20 after ours in the Boyce case, reviewe
~ many of the authorities, pointed OF
= the wide scope of the police pOwe
Il which the federal Supreme Court ha
10 often held to be vested In the legi
20 latures of the various states notwit
in standing the fourteenth amendmen
+. cited with approval People V. Havnt
IF 149 N. Y las A3 N. E. Sal, 81 l.. r.
:, 68s. 50 A M ST R. 707) which uphol
in an act regarding barber shops, al
20 found as a matter of judicial knowleds
W that work in bakeries and confetti
10. ners establishments was unhealtl
"a and for that reason sustained the Ne
m York Statute restricting the hours
re- labor in those places.
by Twenty days after the filing of t
We opinion in re Boyce and before PIT
al LEGATION of it had likely reached the
lrt the Supreme Court of Missouri aft
he careful consideration Of the autht
tiles. the case being on appeal, he
ro that the act limiting labor to Gig
ro. hours a day in underground mines
%. that State was Constitutional, that t
iS, VALIDITY Of the statute could not
lie adc dependent upon the opinions
cb experts as to the necessity for su
"a enactment, and that the testimony
40. physicians, mining engineer md TO
ro man and of one who had worked thil
no four years in the mines, could I
,a,- be received 10 prove that such und
ms ground work was not more inujriC
,id 10 health than laboring the same nj
j., her of hours on the surface. Just
me Fox. all the justices concurriv% sa
ma Defendant sought to introd7 e te!
on,. monv Of expert witnesses te n
~. show that the underground vlr c
led. teh'l'a't 80 'Y 'his d.I VI t,o 10
ooh lature was not attended with dan!
rfh to the health to those engaged in
,oes performance OF such work. This te
ba, mony was excluded " the Court, a
rho in our opinion, correctly so.
No, validity Of laws enacted in the e.
Tho else Of the police power of the ST
tho cannot he made dependent upon
ON. views of experts IS to the neces'
nos Of such enactre,t If the cOnsti
,rI.., onalitv of all laws enacted for
na5 promo ION Of pubic health and sal
COCO can be sssailed in this manner, Il
~, and sadly would it be declared I
ond- our laws rest upon very, weak
-. unstable foundation.
the State V. Cartwell. 40 Nc. 2f5 :
lere- s. w. boy.
Ill u u