The commonwealth. (Greenwood, Miss.) 1896-1923, 1912-11-22
TEH-HOUR ACT
is CONSTITUTIONAL
COMMISSION FoRn OF CITY GOV.
ERNMEHr UPHELD.
SUPREME COURT DECIDES
Labor Act Of Last Legislature Approved
Commission Act approved Ends
Struggle of Politicians for New
Norm Of Civic Rule.

Jacksonville supreme court has de-
rlared another of the acts Of 1912 Of
the Mississippi legislature to be reason
able and constitutional in passing on a
case involving Il construction OF the ten
hour act Of that body. The act is very
brief in terms, simply declaring that it
shall be unlawful for person, firm or
corporation engaged in manufacturing
or repairing to work their employees
more than ten hours per day, except in
cases OF emergency or where public ne
eessity requires it.
The act specifies that a violation Of its
provisions shall be punished by n fine
Of not less than ten dollars nor more
than fifty for each o~lIense, each days
violation to constitute a separate ~offense.
There are no reservations or qualiiica-
tions in the act beyond the exemption
in casts Of emergency, the provisions APP
plying to ALTO oil mills, saw mills,
cotton mills, caDncries and like indus
tries.
In general terms the court holds that
the act does not in any sense conflict
with the provisions Of either federal or
state constitutions. It holds that 1t Is
always within the power of the legisla-
ttwe to interpret the will Of the people
and the demands Of the times as they
pertain to the practical and economic
features of life and activity.
This Is one of the cardinal reserva-
tons of the constitution, as the court
announced; in that new conditions re-
guirc new laws and regulations for the
of the masses. The controlling question
is whether the law in controversy is IN
the interest Of the people. Fifty years
ago there would have been no demand
nor necessity for a tcn-hour labor law
in Mississippi.
The court finds the weight of author
ity, both of the Mosaic and modern law
to uphold the act in question, and did not
feel warranted in disturbing the new
act, which presumably reflects the
aggregated wisdom of the elected and
sworn representatives of the whole peo-
pie, and must be sustained.
Another very important and far-reach-
ing decision announced was hat in the
case of the mayos and aldermen Of Jack.
son vs. the State, TX rel, ]. H, HOWE,
district attorney. This case was hand
ed down by Justice Cook, and is Of spe-
cial interest to the city of Jackson, as
it Eustains all around the act of 1912
comforting upon municipalities Of Nlissis-
sippi the right to change the form Of
government and prescribing the manner
in which such change may be brought
about. 1t was under the provisions OF
this act that some months ago a large
number of citizens of Jackson, constitut-
ing some three-fOurths of the qualified
electors of the city, addressed a petition
to the existing board, praying that a spe-
ciaI election be called at which the peo-
pie could declare their preference for
the commission or aldermanic form Of
government. The ordinance was passed
and the election held, at which the ques-
ton was overwhelmingly carried.
Eventually q majority Of the alder
manic board declined to receive the Off
cial returns of that election on reeog-
nize its validity, on the ground of alleged
unconstitutionality of the act. Those
in favor OF the change then instituted
mandamus proceedings in the circuit
court, and the petition was granted and
the election returns received, From the
decree of Judge Henry the anti-commis-
sion section prosecuted the appeal, and
today, by the court Of last resort, the
act was again declared valid and consti-
t~utionaI, without equiyocation, and the
lower court affirmed.