Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-10-10
Ncrc-.s-, J., concurring.

h..-e.aid. G. j.
Ncrc--s-, j., Concurring.
|. ! ccrCu- r 80 Judgment and in the
opinion CT Talbot. j.. in so far as the
same is not inconsistent with certain
views of this case which l here ex-
press.
| | dc not think that this court can
say that, as matter of common
| knowledge, prolonged labor in al
! classes of ore reduction works is in
| furious to the health of the wcrkmen
| of each respective class. That there
is difference in deg.ee between the
unhealthfullness of labor in under
ground mining and in that of labor in
/ smeltters, quartz mills. cyanide plants
and ether Gre reduction works seems
to be unouestioned. 1t would seem,
also, that the legislature itself has
!, ..llaceI labor in underground mines |
| IN different class, than labor in smell
te.s and other ore reduction works, for !
the prohibition against the employ /
ment OF labor in underground mines
fer q longer period than eight hours,
/ is embodied in separate section, |
from the section containing the gen.
eral provision concerning labor in
smelters and all other ore reduction
works When the court has said
it will take judicial notice that labor
in underground mines. smelters and
! dry ore crushing quartz mills is I'M
healthy. | think it has gone as far
! as it can so in this respect consider
| ing The General knowledge respecting
! the various occupations which the
court cen lake judicial rotice of The
iinty dust that escaDes srcm the hat
| terv IN the d. ore crushino quartz
5 mill and which is largely responsible
: for the urhealtbfullness Of such mill,
is largely il not entirely removed in
the wet cruhing mil. 1t is matter
of common knowledge that changes
: and improvements have been made in
ore reduction processes and are con-
tinualiy being made, and it is too much
2 to say that these changes and i'm
S provements may net also have affected
j the healthfulness of the employment.
Y While | think it cannot be said that
l it is a matter of common knowledge
e. that prolonged labor in wet crushing
Il quartz mills "a large and distinctive
r class of ore reduction mills), is gen
S orally productive Of i'll health or d.
D sease: upon the other hand, we cannot
e say that as matter of common
g knowledge it is not unhealthy to a
7 degree which would authorize the
S interference of the legislature. In
s the absence of the authorat tive know
< ledge to the contrary, we must pre-
It sumo that the legislature acted intelli
n gently and in the interest of the public
d welfare with the object in view of i'm
n | fho of Of
e considerable class of people. The diff
J. ficulty in determining what may be
D. said to be common knowledge regard
u ing the effect upon the health of en-
+, ployees engaged in any particular ore
Il reduction process, is that there are
l. many different processes of ore re
4 duction, some of which are unquestion
f. ably unhealthy. while others may o,
may not be so; and yet, when the
s. matter Of ore reduction processes are
n considered as whole, they may read
e. lily be said to be unhealthy Our at
e tention has not been called to any
IS statistics that would throw light upor
it the relative healthfullness of labor il
le various ore reduction processes. II
o- has not been contended either in the
n briefs, or in the oral argument, thai
lg Dor in wet crushing quartz mills wa!
r. comparatively healthy.
in Upon the trail of petitioner, eviden
ot ce was offered showing that petition
It er's occupation was an EXCEPTIONAL,
IN desirable one. and that there we're NJ
De conditions existing in the mill IL
Ii which he was employed that nigh
k be conducive to ill health. The peti
lie ton on file in this case shows tina
tn upon the trial petitioner testified re
as gar'ing the nature of his employment
n as follows: "All l have to do is t.
e- work the machine and see that every
es thing goes along all right; pour quick
IS silver in the motor (mortor) ever,
IT. half an hour and then sit down an,
ny see that everything goes alon:
On all right l have very lit
-, tie to do. l have good CON
ar Portable room with a stove in it. 81
al down and read, plenty of newspaper
Id to read and magazines" He testifie
W. further, that there were no fumes O
nd gases or anything like that; that n
Dr. was raised on a farm and preferred t
lu- work in the quartz mill to farm work
ge that it was as helthy as open al
oil work.
tie All of the testimony offered at tn
ed trial was to the effect that work i
in the Dazet Quartz Mill. in which pet
he toner was employed. was under pc
or fectly healthy conditions.
RI In addition to the TESTIMONY offere,
counsel TO rthe State and for the d.
in PENDANT entered into a stipulation ev
Id IDENTIFY intended. (if it could be accom-
he plished in that way, to cover tn
do facts that might be involved in a col
sideration of the case. This stipul;
he ton in SO far as it refers to tn
RS character of petitioners employment
of is as follows:
nd THAT defendants employment an
er the employment of his co-servants j
lit said Dazet quartz mill is not unhealth
nd and is not danerogus to life or limi
Ct and that it consists in taking care