The weekly Alaska citizen., 1918-03-25
BUNNELL'S DECISION SUSTAINS,
 DEMURRER OF N. (. GO. FILED
 AGAINST INDICTMENT RETURNED

and in general what was there Sald is applicable to this case;
 The court may properly take jul, dicial notice of the Session Laws of 1915 in so. far as the same attempt | to authorize or direct the enactment of Chapter 55 of the Session Laws of 1917. In Chapter 5S of the Session Laws of 1915, it is provided in Sec tion 1:
 That there shall be submitted | to the electors of the Territory of
 Alaska, at the next general cleo
 tion held for the purpose of elect | ing the members of the next legis-
 lature, the question whether or not | they are in favor of a general eight | hour day for all wage earners and | salary earners in the Territory of
 Alaska"
 and in Section 2;
 There shall be printed on each
 ballot provided for such election, | in large type:
 "'For a general eight-hOur law
 "'Against a general eight-hour
 law"
 Section 3 provided for canvassing | the vote and transmitting the re- suit thereof to the next (1917) sue ceeding legislature. Section provided:
 "In the event the certificate of the canvassing board shall show that majority of the electors 1e eight-hour day, the aforesaid next succeeding legislature shall pass such acts as may be necessary to cause such expression of the wish 1 es of the electors to become effec- | tive" large majority of the electors expressed themselves in favor of "A general eight-hour law" and the act in question can therefore be pre- sumed to have been passed by the 1917 legislature in an effort to carry out the directions contained in the 1915 law with due regard to the fact that majority of the electors had so expressed themselves. The terms used "A general eight-hour day" in Section 1. and "A general eight-hour law in Section 2, were probably in tended to be synonomous and to ie- fer to hours of labor. It is conceded that the Organic Act for the Territory of Alaska ap- proved August "A, 1912 (37 Stat. at Large, 512) contains no provision, through the initiative, for obtaining an expression of the electors of the territory concerning proposed legis- lation, so it is apparent that a wholly unauthorized act of the territorial legislature of 1915 to ascertain by ballot the views of the electors was not binding upon the next legislature and should not be presumed to bind and cases cited. When a legislature thus attempts to act entirely beyond the scope of the Organic Act or Con- "titution which gives it life, there is at least suspicion that it was ac- tuated by some undiSclosed motive. See Lochner New York, 19S U. S. p 60 and 62. It is as much the duty of the ter ritorial legislature to recognize the Constitution of the United States and the Organic Act for the territory in making laws, as it is the duty of the courts to accept them as their rule and guide in passing upon the validity of a statute. So the act in question derives no element of va. lidity from the fact that a majority of the electors of the territory voted flor general eight-hour law" The sweeping scope and extraordi- nary wording of the present act can be better appreciated by comparing Chapter of the Session Laws of 1917. approved April 16, with the present act approved March 8.
 "cHAPTER
 ITO declare employment in un-
 derground coal mines. underground
 lode mines; underground placer
 mines; in underground coal, lode | or placer workings; and in all other
 underground mines or workings of
 any kind or nature whatsoever, to |
 cS ihJoiAouo to iCoiIA uduScI-
 ous to life and limb. To regulate and
 limit the hours of employment in ]
 said occupations; to declare the
 violation thereof a misdemeanor,
 and to provide penalties for the
 violation thereof, and repeating all
 acts and parts of acts in conflict |
 herewith to the extent of such con-
 fict.
 Sec. l. Employment in under
 ground coal mines, underground |
 placer mines in underground coal,
 lode mines, underground placer |
 mines. in underground coal, |
 all other underground mines and |
 workings of any kind or nature
 whatsoever, is hereby declared to
 be injurious to health and dan-
 gerous to life and limb.
 Sec. 2. That the period of en-
 ployment of any person in under |
 ground coal mines, underground |
 lode mines, underground placer
 mines, underground coal, lode or
 placer workings and in all other
 underground mines, or workings of |
 any kind or nature whatsoever,
 shall not exceed eight (8) hours
 within any twenty-four (24) hours,
 except on such days as change of |