Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-14
IN THE SUPREME COURT OF THE
STATE OF NEVADA.
In the Matter Of the Application
Peter kair, For Writ OF Aabeas


Peter kair, For a Writ Of Habeas
Corpus.
In the Justice Court at Dayton pe.- I
itioner was convicted and sentenced
to nay a fine Of 500 or serve an al !
tentative of one day for every two
dollars thereof in the County Jail on j
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 ~, 1908, by the terms of I
which the period of employment OF
working men in underground mines,
shelters 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 months, or both.
(Stat., 1908, P. 33) Upon failure TO
pay the fine imposed he was COM
mitted to the custody CT 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 l of Arti-
Gle Of the organic act of this State
which guarantees the right to acquire
and possess property. and that it is A.
so in conflict with the eighth amend
ment Of the federal constitution which
directs that excessive fines and cruel
and unusual punishment shall not De
! imposed.
In re Boyce q New. 299, Is P. l. IS
| L. r. a II we had occasion to give
| the act in question extended consider
ntion, snd held that it was Constr
tutional ANA enforceable against one
who worked longer than eight hours
per day in an underground min..
After more mature reflection we are
still satisfied with the reasoning and
conclusion reached in that OPT On,
and il is unnecessary to repeat rranl
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 if necessary to resort to tina!
power that the legislature were war
ranted in passing ;bat act as poles
Or health regulation Tor 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 anG
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 avOcatiCns 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 ameii
Grafton and which may protect the
health and prolcng the nves Of the
men so employed we think is within
the legitimate powers OF the law max
ing branch of our government. II
these matters were uncertain wher
their existance is necessary to sustain
J 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 presume.
until it is clearly shown to be IN
constitutional AS applicable her,
we repeat 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 part of tn
decision in Holden v. Hardy:
"Unquestionable the atmospher,
and other conditions in mines and re
k ductiOn works differ. Poisonous case
dust and impalpable substances arts
and float in the air in stampmill:
} smelters and other works in whic
ores, containing metals, combine
with arsenic or other poisonous ell
! ments or agencies, are treated. r,
duced and refined: anu there can +
I no doubt that prolonged effort Ga
after day, subject to such condition
5 and agencies, will produce morbi.
noxious and other deadly effects
the human system. Some organism
and systems will resist and endu,
such conditions and effects long,
y than others. 1t may be said that lab,
& in such conditions must be performe
4 Granting that. IT, . period of labor eat
: day shon'd 20 of reasonable lengt
: Twelve hours per day would be lie
= Injurious than fourteen, ten tbs
& twelve. and eight than ten. II
4 Legislature has named eight. SUI
E a period was deemed reasonable. II
= law in question is confined to Il
Z protection of that class of people G
Z gagged in labor in underground min,
e and in smelters, and other wor
: wherein ores are reduced and rein,
4 This law applies only to the class
6 subjected by their employment to t
& peculiar conditions and effects after
8 ing underground mining and wo
= in smelters, and other works for I
Z reduction and refining of ores. The
{ fore it is not necessary to discuss
( decide whether the Legislature c
Tx the hours of labor in other empl
& ments. though reasonable doul
may exist as to the mower If tho r