Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1912-12-06
TEN-HOOR ACT
is CONSTITUTIONAL
COMMISSION FORM OF CITY GOV
ERNMENr 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-
elared another of the acts of 1912 OF
the Mississippi legislature to, be reason
sble and constitutional in passing On a
Ease involving a construction of the ten
hour act of that body. The act is very
brief in terms, simply declaring that 1t
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 q violation OF its
provisions shall be punished by a line
of not less than ten dollars nor more
than fifty for each o%ffense, each days
violation to constitute a separats Ssfense.
There are no reservations or qualifca-
tions in the act beyond the exemption
in cases of emergency, the provisions ap-
plying to alto oil mills, saw mills,
cotton mills, canneries 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. 1t holds that it is
always within the power of the legisla.
ture 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-
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
Q 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 moi
feel warranted in disturbing the new
act, which presumably reflects the
aggregated wisdom of the elected ant
sworn representatives of the whole PEG
| pie, and must be sustained.
Another very important and far-reach
| ing decision announced was that in thu
case of the mayor and aldermen of Jack
son vs.. the State, ex rel, j. ii. HOWE
district attorney. This case was hand
ed down py Justice Cook, and is of spe
cial interest to the city of Jackson, al
it sustains all around the act of 1911:
comforting upon municipalities Of Missis
sippi the right to change the form o
government and prescribing the mannei
in which such change may be brough
about. 1t was under the provisions o
this act that some months ago a larg'
number of citizens of Jackson, constitut
ing some thr~ee-fourths of the qualified
electors of the city, addressed a petition
to the existing board, praying that a spe
cial election be called at which the pee
pie could declare their preference TO
the commission or aldermanic form o
government. The ordinance was passe'
and the election held, at which the ques
ton was overwhelmingly carried.
Eventually a majority of the alder
manic board declined to receive the Off
cial returns of that election or recoe
nize its validity, on the ground of ALLEGED
unconstitutionality of the act. Thos
in favor of the change then institute
mandamus proceedings in the circui
court, and the petition was granted an
the election returns received. From tn
decree of Judge Henry the a%n,i-commit
sion section prosecuted the appeal, an
today, by the court of last resort, tn
act was again declared valid and const
tutional, without equivocation. and tn
lower court affirmed.
1880 A--~1v0~v vAvrNrvrno