Weekly journal-miner., 1915-01-13
BLOW IS DEALT 30 PER
 CENT LAW

SAN FRANCISCO, Jan. 7-In a decision by Judge w. H. Sawtelle of Arizona in the United States Court of Appeals, and concurred in by Judges Morrow and Van Fleet of California, the eighty per cent labor amendment of Arizona was declared unconstitutional. They held the law violated the fourteenth amendment to the federal constitution.
 Wiley Jones, attorney general of Arizona, who defended the act as necessary to the states police pow ITS over dangerous gatherings, re- served the right to appeal from the decision to the United States Su- preme Court. It is not certain though hat an appeal will be taken as pro tests against the law have also been filed in Washington by the ambas- sadors of Great Britain and Italy.
 In brief the court held that the statute violated the guarantees of fife, liberty and the possession of property made to all alike, whether liens or not, under the fourteenth amendment to the constitution of the United States, and that if the state of Arizona could forbid any employ CT to hire more than 20 per cent aliens it could with equal justice for bid him to hire per cent or even an individual alien.
 The temporary injunction restrain ng Arizona from enforcing the law made permanent.
 The court said: "The law was in ended to be police regulation, but under the guise of police regula- ion the state would in effect be de- priving the complainant of the right to labor guaranteed by the fourteenth amendment of the federal constitu ton.
 If under the guise of a police reg llation," said the court, "a state can prohibit an employer from employ ng more than 20 per cent alien labor t can prohibit him from employing more than 5 per cent, and if , per cent, then any at all. The supreme court of the United States has re- gently held the right to labor to be q property right and an alien cannot be deprived of property right under he constitution of the United States"
 A dispatch from Washington States that news that the Arizona anti alien employment law had been de- clared unconstitutional was received with deep interest among diplomats there.
 This bill is one of the initiated measures passed by the electors of he state at the last general election It provides that any employer of la DOT who has in his service more than i've workers at any one time shall .mploy not less than 80 per cent qualified electors or native-born citi- zens of the United States or some subdivision thereof"
 It provides penalty of not less nan $lO0 and not less than thirty
 avs imprisonment for each breach # its provisions and a similar penal y is imposed on any workman who makes false representations as to his nationality or citizenship.
 The argument in favor of the bill was written by Bert Davis, president of the Arizona Federation of Labor, md was printed in the copies of the pill sent to each registered voter. It claimed that the bill was designed to protect American labor.
 The bill was attacked on the ground hat it constituted a violation of the constitution of the United States and dlSO d DISdCu Ol SAlSliliS llSdllSS with several foreign nations.
 A special court of three United States judges was convened to hear he case and the state was represent d by Attorney General Wiley Jones The matter was brought to the atten- ion of the court by petition and an imposing array of counsel presented the arguments.
 The lawyers present at the hearing were Attorney General Wiley Jones and Assistant Attorney General Les lie Hardy, representing the state of Arizona, and Messrs. Flannigan of Globe and Williams of Bisbee, for the petitioners.
 The court consisted of Judges w. H. Sawtelle of Arizona and two other federal judges.
 The general feeling against the bill was evidenced soon after the first bull letin announcing the decision was posted. The cotton growers, farm CTS and manufacturers, in fact all employers of the state are vitally in- tI,e s,,biact 4I,atr