Greene County herald. (Leakesville, Miss.) 1898-current, 1912-11-29
TEkHOUR LAW is UPHELD
COMMISSION FORM OF CITY COW
ERNMENr UPHELD.
Labor Act of Last Legislature Approved
Commission Act Approved Ends
Struggle of Politicians for New
NoTm of Civic Rule.

Jackson.-The supreme court has de-
clared another of the acts of 1912 Of
the Mississippi legislature to be reason
able and constitutional in passing on .
case involving 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
cessity requires it.
The act specifies that violation of its
provisions shall be punished by fine
of not less than ten dollars nor more
than fifty for each offense, each days
violation to constitute a separate offense.
There are no reservations or qualifca-
tions in the act beyond the exemption
in eases of emergency, the provisions APP
plying to ALTO oil mills, saw mills,
cotton mills, eanneries 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 it Is
always within the power of the legisla-
ture to interpret the viii 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-
tions of the constitution, as the court
announced; in that new conditions re-.
quire new laws and regulations for the
control or amelioration of the conditions
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 ten-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 net
feel warranted in disturbing the new
~ wAse.i 4 pre- saseet4 fthe
aggregated wisdom Of the elected and
sworn representatives of the whole peo-
pie, and must be sustained.
Another very important and far-reaeh-
ing decision announced was that in the
case of the mayer and aldermen of Jack
son VS.. the State, ex rel, j. H. Howie,
district attorney. This case was hand
ed down Dy Justice Cook, and is of spe-
cial interest to the city of Jackson, as
it sustains all around the act of 1912
comforting upon municipalities of Missis-
sippi the right to change the form Of
government and prescribing the manner
in which such change may be brought
about. It was under the provisions o!
this act that some months ago 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 spe-
cial 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 majority of the alder
manic board declined to receive the Off
cial returns of that election or recog-
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-
tutional, without equivocation. and ths
lower court affirmed.