Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-13
IN THE SUPREME COURT OF THE
STATE OF NEVADA.
In the Matter Of the Application
Of

Peter kair, For = Writ OF HabeAo
corpus.
In the Justice Court at Dayton pe.-
itioner was convicted and sentenced
to pay a tine 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 a wet crushing quartz mill contrary
to The provisions of the Act approved !
February 70, 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 a fine OF not |
less than %1O0 nor more tnan $500, /,
or Imprisonment in the county jail !
MT exceeding six months, or both. /
fStat, 1903, P. 33) Upon failure 10
paw the fine imposed he was COM
mitted 10 the custody Ct the Sheriff OF
Lyon County, and by writ Of habeas
CO pas 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
- u itt u WI u ii-pl tfjoAi S4S-A4L
hours per day under Section l Of Arti-
Gle / ct the organic act Of his State
wb ch Guarantees the right to acquire
and possess property. and that it is A.
so in cua2int with the eighth amend
ment Of the federal constitution which
directs Inst excessive fines and cruel
and UNUSUAL punishment shall not ue
/ Imposed.
IN re Boyce y New. 800, IS P. l, s.
L. r. q. IL We had occasion to give
the act in question extended consider
alton, and held that it was Constl-
ia. u4a4 and enforceable against one
who worked longer than eight hours
per dgy in an underground nina.
( liter more mature reflection We are
st.l. satisfied with the reasoning and
conc,u ion reached in that opinion.
and II is unnecessary to repeat them
to any great extent. We there hold,
as 2 matter If common knowledge,
that prolonged labor in the places
mentioned N the Statute was iniur-
icus. and i necessary TO resort to that
power that the legislature were war
rauted in passing that act as a police
o. health raEula ion for the protection
Of tine uel a--p.os-4 n those places,
and he benefit 20 The State. In the
present case it is sought TO avoid this
reason 81 justification Tor he enforce
ment Ct the act nv stipulation that
the occupation followed by petitioner
vas not Injurious. and by testimony
that labor performed IN wet crushing
quartz mills. IS not unhealthy, except
! for the men working around pans and
settlers.
Adhering to Cur opinion in re Boyce
eve are not prepared to say that the
mining, milling and smelling of ores
are not ayocati0ns so unhealthy and
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 ameti
Grafton and which may protect the
health and pTCloGE the ives Of the
/ men so employed We think is within
the legitimate powers OF the law max
ing branch Of our government. If
these matters were uncertain wher
their existance IS necessary to sustain
, the law, the doubt should be re
solved in favor Of the statute for
as held by this Court in several de
! cisions, its validity viii be presume.
until it is clearly shown to be IN
, constitutional. AS applicable here
we repeat a part Of the language b
the Supreme Court of Utah which W
: quoted in that case, and which ha
been adopted by the Supreme Cour
; of the United States as a part of tn
s decision in Holden Y. Hardy:
: "Unquestionable the atmospher,
x ND r4I
! duction works differ. Poisonous case
dust and imDalpable substances arts
and float in the air in stampmills
I shelters and other works in whic
& ores, containing metals, combine
with arsenic or other poisonous ell,
4 ments or agencies, are treated, r.
duced and refined; ana there can b
no doubt that prolonged effort da
2, after day. subject to such condition
b and agencies, VIII produce morbiC
> noxious and other deadly effects
the human system. Some organism
and systems will resist and endu.
such conditions and effects long
- than others. It may be said that labt
& in such conditions mrst be performe
2 Granting that. III period of labor eao
& day shor'd le Of reasonable lengt
8 Twelve hours per day would be lie
. injurious than fourteen, ten thf
& twelve, and eight than ten TT
z Legislature has named eight. SUI
s period was deemed reasonable. T.
z law in question is confined to Il
Z protection Of that class of people G
q gagged in labor in underground mine
< and IN smelterS, and other wor
6 wherein ores are reduced and refine
Z This law applies only 10 the class
& subjected by their employment to t
{ peculiar. conditions and effects after
z ing underground mining and wo
O in smelters, and other works for t
2 reduction and refining of ores. The
& fore it is not necessary to discuss
& decide whether the Legislature C
= fix the hours Of labor in other empl
6 ments. Though reasonable douI
= may exist as to the power of the L
= G L.