Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-05-01
IN THE SUPREME COURT OF THE
STATE OF NEVADA

for Contempt
DECISION
Respondent was commanded to
show cause whw he should not be
adjudged guilty of contempt for hav-
ing. as an attorney of record in tue
matter Of the application of Peter Kair
for a Writ of Eabeas Corpus filed in
this court a petition for rehearing If
which he made use of the following
statement:
'In my opinion, the decisions favor
ing the power of the State to limit the
hours of labor, on the ground of the
police power Of the State are all
wrong, and written by men who have
never performed manual labor, or 3y
politicians and for politics. They 10
not know what they wrote about
Respondent appeared in response to
the citation, filed brief and made an
extended address to the Court in
which he took the position that the
words in question were not contempt
ious: disavowed any intention to con-
nit contempt of court; and, fr~ther
that if the language was by the court
deemed TO be Objectionable. he apOll-
eized fol its use and asked that the
same be stricken from the petition.
In considering tae foregoins state
ment it is proper to note that in the
briefs filed by Respondent upon the
hearing Of the case in the first n
stance, he used language Of similar
import which this court did not take
cognizance Of, attributing its rse 10
over ZealOusnesS upon the part OF
counsel but which was of such M
ture that the Attorney General in his
reply brief referred to as insinuat-
ing that the Legislature in enactirg
and this court in sustaining the law
were being impelled or controlled by
some mythical political influence n
fear. which exists only in the pyro-
technic iuigination Of crnsel.''
Also, the case and It's condition ut
the time the objectionable Language
was used, should be taken into consid-
Grafton. The proceeding, in which
this petition was filed, had been
brought to test the 'nstitutionality
of a section of an Act of the Legisla-
ture limiting labor to eight hours per
day in smelters and other ore reduc-
ton works, except in cases of emer-
gency where life or property is in
imminant danger. Stat. 1908 p. SO.
This Act had passed the Legislature
almost unanimously and had receiv-
ed the Governors approval. At the
time Of filing the petition, respond NJ
was aware that the court had pre-
vlously sustained the validity of tn 5
enactment as limiting the hours Il
labor in underground mines, Re
Boyce, q New. 327, IS P. l., SIS l.. r.
a. Al, and in mills for the reduction
of ores, Re Kair % New 80 P 46i
and that similar statutes had been up
held by the Supreme Court of Utah
and the Supreme Court Of the United
States in the cases Of State V. Hold en-
Il Utah II and sc, 46 P. 757 and 1105
81 L. r. A. 1913 and 10S: Holden V
Hardy 169 U. S. $3.50, i9 Sup. CT 1893
Short V. Mining Company 20 Utah, 20
- p 100 IA L. 4 A. G02. and hv The
Supreme Court Of the State of Mis-
souri, re CantweH, lI9 Mo. 245, rs :
w. 500. 1t may not be out of plare
here, also to note that the latter case
has since been affirmed by the 8
preme Court Of the United States. ant
more recently the latter tribunal, al
herring to its opinion therein and il
the Utah cases. has refused to inter
fere with the decisions of this Coz
IN re Kair
1t would seem therefore, a natura
and proper. If not a necessary dc
duCtion from the language in question
when taken il connection with the
law CT the cases as enupciated b!
this and other courts that counsel
finding that the opinion of the highes
court in the land was adverse instead
Of favorable 10 his contentious. il tina
II specifically affirmed the Utah de
cision in Holden VS.. Hardy which
sustained the statute from which our
is copied and that all the courts nan
ed were adverse to tie views he ad
vocated, had resoTted 10 abuse of tn
Justices OF this and other courts, an
to imputa4ons Of their motives
The language quoted is tantamoun
to the Charge that this tribunal an
the Supreme Courts Of Utah. MissOul
and of the United States and tle ju'
tees thereof who participated in tn
opinions unfolding statutes limftin:
the hours Of labor in mines, smelter
ard other Gre reduction works, wer
misguided by Igno. ance CT base poll
teal considerations.
Taking the most charitable view
if counsel became so imh'co1 and mis-
guided br his own IDEAS and conclu
sions that he honestly and eronecust
conceived that we were controlled b
ignorance or sinister motives instea
Of by law and justice in determining
constitutional or other questions, an
that these other cou1 IS and judge
and the members Of the Legislature
and Governor were guilty Of the acct
sation he made because they and W
failed to follow the theories he az
yocated, and that his opinions ougl
to outweigh and turn the scale again'
the decisions of the four courts nan
e. including the highest in the lon
with nineteen justices concurrin
nevertheie-0 - was entirely inappr
pirate 10 make the statement in brie
If he really believed or knew {
facts to sustain the charge he mad
he ought to have been aware that tt
purpose Of such a document is to e.
tighten the court in regard to tn