Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-13

interest In his welfare. however reck-
less he may be-. The whole is no
greater than the sum of ali the parts,
and when the individual health, safety
and welfare are sacrinced or neglected,
...e State must suffer-"
It is a matter of common knowledge
that the health Of many men is I'M
paired by labor in quartz mills. il
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
constitutionaiity of the Act rest upon
solid ground and a sure foundation,
it's enforcement would become subject
to the more or less speculative opfn-
ions Of interested parties and othe's
! and to the conclusions CT warriors
justice courts and juries regarding the
! prOba bilty Of injury to men working
/ longer or. shorter periods in the places
mentioned and witnesses could testify
REGARDING the consequences to heal
! from labor in these employments AMI
! thereby indirectly regarding the ne
! cessity for legislative action and the
validity Of the Statute in each case
as it arose If exceptions based upon
such proof are to be mace to the en-
forcanerf of the Act. tbav micnt de-
mend not only upon the character of
the nil and the DISTINGUISHING feat
,,,.oe ~ no u.ort. If tha varioue mo,
emn7o,-ad lint rnon tho ago cnns+f-
trtior vitality ard probable endurance
II the different eunlovees. the in
oraaien+s read in wor,,rng the ores
srch &c oufc}sfIver- cyanide or otha.
cha,rica1s injurious to health tbe
the onantitv and eject Of dust AMI
f,,,,aa +Io oborocta. If +ha oras AMI
--.7,'o+t7or +1,o,r oontsf,,od 1aod arsenic
-, o+1,,,r 1,,,-,,-f,-I ef,rst9nro- from
dav to dav. or u9on other conditions
and uncertainties which would mutt IT,
NV LITIGATION. and lead to doubt an
tdiHcUltv in securing the benefits il
tented hv this LEGISLATION.
ALTHOUGH Courts should be careful
! not 10 usr~n the powers delegate
10 the law making branch Of til,
, government. and should not roceivt
evidence recording facts Of Which. the,
= arc satiefe7 nv judicial I-nov7oGee an.
!. ALTHOUGH all reasonable doub.e shou.
he resolved in favor Of the action @
: the LEGISLATURE ana cons t,utt0uaItr,
. Of the statute. Vet we are not pre-
, pared to say that there is any cor
, elusive presumption in favor Of an
fact essential to support the HaIidiC
. Of the enactment as Deipg within til
;, police power of the State, or that u
: court having proper jurisdiction ma
I not receive proof regarding any COR
= trolling fact which is in doubt
y-rv n Tho inrf-f0I.- faftT rot HI I'll y
= the Courts have acted in cases siUjl1
+ to the one under consideration &c,
! orally upon judicial cCgniZ8nce, CT
in doubt have accepted the jragmeI
OF the legislature or received proof.
- ! Chief Judge Parker, snCalIine fl
= the Court in Pe0n1a V. Icchnar. II
= n. Y. l45. in an ODfnion fled one de-
= | after ours in the RCvca case. reviewe
MANY OF the authorities. Dointed @,
the widr secna of the D0lice MOVIE
! which the federal SUPREME Court he
. often held to re vested i'm the 1egi
= Iat1Ires Of the various states n0twftl
= STANDING the fourteenth amendment
= cited with approval DaODIe V. Haynl
: 149 n. Y. 145 as \. T.. 81, 81 L. r.
csc 10 / NJ ST T. 7n71 which unbOl,
L an act regarding barber shors. al
= found 90 4 matter of irdica1 zn0wTede
t that work in bakeries and confetti
l. rers establishments was unhealtr
= and for that reason sustained the Ne
= York Statute restricting the hours
:, labor in those places.
y, Tr,-or,4,- dow, of+ar +bo f1ino If II
y o,in;on !, 70 Povca and hef0ra mn
= 1; p.', - = ia 1f,ro1T, Toaobe5 tber
- - - c.-.,,.. - - ,Tireo,,,.; of
- careful consideration IF tho authc
i+ias tba oaeo boing on annea1 he
+bo+ Tho act 1in,itino labor to GIG
g bours dsv in underground mines
e that state vas Cor r4itItional that t,
% I-,1f5it,- IF tho 9. could not
> m.de danandnnt 20, tho oninions
. nxnnrte &C to tba necessity for su.
n enactment, and that the testimony
%. physicians, mining engineer md for
- man and of one who had worked thir