Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-11
IN THE SUPREME COURT or THE
STATE or NEVADA.
In the Matter Of tho Application
Peter kair, For Writ Of Habeas

Peter kair, For a Writ Of Habeas
corpus. ~]
In the Justice Court at Dayton PEI
itioner was convicted and sentenced
to pay a tine 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 quartz MILL contrary
to the provisions of the Act approved !
February 70, 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 Oh ores or metals"
is limited TO eight hours per day, under T,
penalty which specifies a fine OF not
less than 800 nor more tnan $500,
or Imprisonment in the county jail
not exceeding six months, or both.
(Stat.. 1903, 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-
tree or to WORK more than eight
hours per day under Section / of Arti-
Gle ! Ct the organic act Of this State
I 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
and unusual punishment shall not pe
! imposed.
l.. ID
L. r. A. AZ we had occasion to give
the act in question extended consider
alton, and held that it was Constr
tutional and enforceable against one
who worked longer than eight hours
per day in an underground mine.
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 a 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 the 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 thi;
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, eXcep
for the men working around pans am
settlers.
Adhering tc our opinion in re Boyce
we are not prepared to say that the
; mining, milling and smelling of ore!
are not avocations SO unhealthy an;
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 ameti
! GRAFTON and which may protect tn,
s health and prolong the nyes of tn
men so employed we think is With
the legitimate powers of the law max
ing branch of our government. Il
3 these matters We're uncertain whel
their exstance is necessary to susta
the law, the doubt should be re
solved in favor of the statute fol-
as held by this Court in several de
cisions, its validity will be presume
until it is clearly shown to be III
z constitutional AS applicable her
4 we repeat a part of the language b
8 the Supreme Court of Utah which W
Z quoted in that case, and which ha
{ been adopted by the Supreme Cou'
e OF the United States as a part of til
< decision in Holden V. Hardy:
z "Unquestionable the atmospher
6 and other conditions in mines and r.
4 duction works differ. Poisonous gast
Z dust and impalpable substances arts
& and float in the air in stampmill
z smelters and other works in whie
< ores, containing metals. con- Dine
{ with arsenic Or other poisonous ell
& ments or agencies, are treated. r
Z duced and refined: ana there can
z no doubt that prolonged effort d;
9 after day. subject to such conditio
= and agencies, VIII produce morbi
. noXiOus and other deadly effects
the human system. Some ORGANISE
and systems will resist and endu
such conditions and effects lone
~ than others. 1t may be said that lab
6 in such conditions must be performt
= Granting that. IL ayiod CT labor ca
E day shou79 - OF reasonable leng
a
3 Injurious than fourteen, ten til
& twelve, and eight than ten. T
< Legislature has named eight. Su
& a period was deemed reasonable T
e law in question is confined to I
Z protection of that class of people
& gagged in labor in underground min
Z and in smelters, and other wol
& wherein ores are reduced and rein
Z This law applies only to the elias
& subjected by their employment to
peculiar conditions and effects ate
& ing underground mining and We
@ IN smelters, and other works for
reduction and refining of ores Thu
q fore It is not necessary to discuss
& decide whether the Legislature
fix the hours of labor in other emp
s ments. Though reasonable dou
z may exist as to the power Of the !