Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-06
THE EIGHT HOUR LAW AGAIN.
What 10 and What Might Have Been
Its Present Status ~ Explained
BY Alfred Chartx.

lts Present Status 40 Explained
ey Alfred chartz.
Editor Appeal: In your item Of De-
cember Sd, you have represented what
L told you quite fairly, but not fully.
I consider the question of sufficient
interest to explain more fully:I pet.-
toned the Supreme Court Of the Unit
ed States for a writ Of reveiw in the
case Of the State Of Nevada vs. Peter
Kair, accused and convicted Of having
worked two hours too long in one
day. He was convicted of this awful
crime before Justice of the Peace
Damon, of Dayton Township. at
tempted to have him released ca
writ of habeas corpus sued out of the
Supreme Court Of the State Of Nevada,
and he was remanded to the care Of
the Sheriff to either pay 500 fine or
spend so days in Jail. petitioned
for re-hearing, and the petition was
granted, and re-argued the case, AMI
titioned the Supreme Court of the
United States for writ of review
Under the rules the said petition
was handed to Judge McKenna, from
the Ninth Judicial Circuit, and he re-
fused to grant the writ. So, it is a
closed incident. The Eight-Hour law
is here to stay until modified or
changed by the Legislature of the
State of Nevada.
In my petition for writ of review TO
the Supreme Curt of the United
States, l hoped to prevail upon the
ground that l made proof that en-
ployment in gold milling plants and
cyanide plants was an ordinarily
healthy employment, and a very de-
sirable employment, and challenge
any one to refute the fact There is
no disease known that is contracted
peculiar to the employment. The early
cases decided by the Supreme Courts
of different states and affirmed by the
Supreme Court of the United States,
had failed to show that en-
ployment in mills and cyanide
plants was an ordinarily healthy EN-
ployment, and eminent law writer's
deplored the fact that the attorneys
had failed to offer such proof, and l
conceived the idea that if I made
such proof that l would prevail.
Other attorneys from different states
conceived the same idea, and tve
punched into the U. S. Supreme Court
at about the same time. However,
by the time got there the Court
had clearly decided the question that
an eight-hour law was a constitutional
health regulation, and not a labor Law,
or a political law, and If it was
a labor law and not within the pro-
vince of a health regulation, then il
remained for the Legislature of tn.
several states to remedy their own
wrongs.
We all know that in Nevada the
eight-hour law is a labor law and mol
health regulation. True, to limit
hours of labor in deep mines is a
health regulation, but the Legislature
had no right to associate with il
healthy employments. However, thai
question is settled, and like bu!
from the Pope it is infallible until
reversed or changed. s
It is quite clear from the decisions
that the fault lay in the first case
taken up to the Supreme Court of th'
United States, being the case of Hold
en- v. Hardy, from Utah. In that cas-,
no proof whatever was offered show
ing that employment in gold quart,
mills and cyanide plants was an ordl
narily healthy employment, and tn
U. s. Supreme Court by bare major
ity said they could not say anythin,
against the judgement of the Legisll
ture of the State of Utah declarin
that such employment was unhealthy
SO. we are now governed in our cor
duct with reference to our rights I
dispose of our labor as we please III
on lie, |. e., upon the prima faci
proof that employment in mills an
= cyanide plants is unhealthy. while "
WI know that it is an ordinari;
healthy employment, and much NOR
desirable than work upon a farm.
l still insist that said law was Dor
of politics and for politics. but it ;
now the law and must be obeyed, an
the best way to get rid of it is to e1
force it. predict right now that tt,
laboring man will soon rue the da
he voted for It and deprived himse
of his liberty to dispose of his labo
(which is his property as he please'
With reference to my pay. / sa
that have labored without fear {