Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-12
IN THE SUPREME COURT OF THE
STATE OF NEVADA.
In the Matter Of the Application
Of
Peter kair, For . Writ OF Habeas

|
Peter kair, For . Writ Of Habea.
Corpus.
In the Justice Court at Dayton pe.-
itioner was convicted and sentenced
to pay a fine Of 800 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 quar.z mill. contrary
to the provisions of the Act approved
February q. 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 800 nor more tnan $500,
or Imprisonment in the county Jail |
not exceeding six rlonths, or both. |
(Stat., 1908, P. 33) Upon failure TO
pay the fine imposed he was COM
mitted to the custody Of the Sheriff of |
Lyon County, and by writ of habeas
corpus 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-
tract or to work more than eight
hours per day under Section 1 of Arti-
Gle / 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
cb hon nn
! imposed.
In re Boyce q New. 299, Is P. I, 65
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 mina.
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 matter Of common knowledge,
that prolonged labor in the places
mentioned in the Statute was injur-
ious, and il necessary to resort to that
power that tue legislature were war
ranted in passing that act as police
or health regulation for the protection
OF the men employed in those places,
and the benefit 10 the State. In the
present case it is sought to avoid this
reason or justification for the enforce
ment Of the act by stipulation that
the occupation followed by petitioner
was 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 our opinion in re Boyce,
I'VE are not prepared to say that the
, mining, milling and smelling Of ores
are not avocatiOns 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 ameli-
Grafton and which may protect the
health and prOlong 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 when
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. it's validity will be presumed
until it Is clearly shown to be un
constitutional. AS applicable here
We repeat a part of the language by
the Supreme Court of Utah which we
. quoted in that case, and which HAD
been adopted by the Supreme Court
! of the United States as part of thi
decision in Holden V. Hardy:
"Unquestionable the atmosphere
and other conditions in mines and re
duction works differ. Poisonous case:
dust and impalpable SUI. ,ances arts.
and float in the air i tampmills
smelters and other wei, in which
! ores, containing metals combined
: with arsenic or other poisonous ele
ments or agencies, are treated. re
duced and refined: ana there can b
no doubt that prolonged effort da,
after day, subject to such condition
) and agencies, will produce morbid
noxious and other deadly effects i,
the human system. Some organism
and systems will resist and endur
such conditions and effects longe
y than others. 1t may be said that labo
in such conditions must be performed
vi duliuS tiiSl. nv tp6IlOu VI ldDOr GdC
day shor'd De of reasonable length
s Twelve hours per day would be les
injurious than fourteen, ten tina
s twelve, and eight than ten Tn
r Legislature has named eight. Sue
8 period was deemed reasonable. TIL
Z law in question is confined to tn
Z protection of that class of people e
Z gagged in labor in underground mine
4 and IN smelters, and other worl
6 wherein ores are reduced and refine
4 This law applies only to the class,
6 subjected by their employment to II
8 peculiar conditions and effects atten
( ing underground mining and wor
q In shelters, and other works for Il
2 reduction and refining of ores Their
z fore it is not necessary to discuss
& decide whether the Legislature CT
Z fix the hours Of labor in other emplc
6 ments. Though reasonable doub