Valdez daily prospector., 1916-11-14
EIGHT HOUR LAW
 |S DECLARED VOID
(Continued from Page One)

Section of the Organic Act pro- yides that the enacting clause of all the laws passed by thr legislature shall he "Be it enacted ny the Legis- lature of the Territory of Alaska ' No law shall embrace more thar one subject, which shall on expressed by it's title.
 An investigation of the respective Organic Acts of the territories show that each has contained a section if not identical, to Section s of our Organic Act, and that dur ing the early days of the territorial legislation much difficulty has been not only by the legisla- tors in selecting apt and appropriate titles for the laws enacted but also by the courts in passing upon the same. to the end that the title o.:d body of the act, as an expression "f the legislative will, shall each serve its own proper purpose and function without doing violence to the plain and positive provisions of the Organ ic Act or Constitution. The Courts have always been disposed to exercise great liberality where the question Of the appropriateness of the title of an act has been in question, anG iC is only when tine title so far violc tes
 i,, rtr,.N ,Nff I,n nt tf possible of sustaining the same that the act has been declared unc ,nstitu- tional. It frequently happens as in this case. that the legislators. impell- cd hy the duty incumbent upon them by virtue of their office, enact 6 law calculated to insure protection to those engaged in hazardous voca- tions, and it is with the greatcs, re- luctance that the Courts, knowing the benefits to be gained by such q law are compelled to hold the same invalid because of a failure on the part of the legislators to follow the plain provisions of the Organic Act. Especially is this true where the ben efits to be obtained are generally rec ognized and a great majority have sought to comply in good faith with the spirit and letter of the law
 Tine title of Chapter 29. Session Laws, 1913, reads:
 An act to declare employment Tn underground mines, applied to metal liferous lode mining only, under ground workings; open cut workings open pit workings, smelters, reduc- tion works, stamp mills, roller mills, mills, chlorination pro- cesses, cyanide processes, to be in- furious to health and dangerous to fife and limb. To regulate and limi. the hours of employment in said O. equations; to declare the violation thereof misdemeanor and to pro- vide penalties for the violation thel C. Cf.'
 "Section 1 provides that:
 Employment in undergrC ! mines, underground workings, open cut, open pit workings, smelters, re- duction works, stamp mills, roller mills, concentrating mills, chlorina- ton processes, cyanide processes, l.; hereby declared to ~ be injurious to health and dangerous to life and iimb.'
 Section 2, with reference to the period of employment of working men while engaged in the various kinds of work enumerated in Sec tion 1, specified new kind of work. tO-wit, employment of workingnen at coke Ovens.' It is apparent that the title of the act is not germane to that portion of the subject matter of the act relating to the employment of wOrkingmen at coke Ovens,' and such subject matter is therefore mere surplusage. A further eXamin- ation of Section discloses the fact that, although seven other kinds of ol "Ol Silu- merated, to-wit, in underground workings, underground mines, stamp mills, roller mills, open cut work ings, chlorination processes and cya- hide processes, there is an express
 limitation to the scope of the act by the following words: Providing, however, that this act applies to me- talliferous lode mining only"
 The Court then went on to read the act as it would read after elimi- hating from the title and the first and second sections thereof, all that becomes surplusage by reason of the express limitations contained in Sec tion 2, Chapter 2S.
 Ut is thus seen that while the title of the act of 1913 designates II kinds of employment which are also enumerated in Section 1, only eight kinds of employment are desig- potod in Cootiop oro oF +.,