The Nome daily nugget., 1918-04-08
tcontinuea from last Saturday.


 "we. think the limit of the police power has been reached and passed in this case. There is. in our judg- ment, no reasonable foundation for holding that to be necessary or appro- priate as a health law to safe guard the public health of the individuals who are following the trade of a baker"
 Tt might be safely affirmed that almost all occupations more or less affect the health. There must be more than mere fact of the possible existence of some small amount of nn- healthiness to warrant legislative in reference with liberty. It is un- fortunately true that labor, even in any department, may possibly carry with it seeds of unhealthiness. But, are we all, on that account, at tho mercy of legislative majorities'. A printer, a tinsmith, a locksmith,
 
 clerk, a banks, a lawyers or q phy- sician's clerk, or a clerk in almost any kind of business, would all come un- der the. power of the legislature, on this assumption. No trade, no occu- patton, no mode of earning ones living, could escape this all-prevading power, and the acts of the legislature Tn limiting the hours of labor in all enl- ployment would be valid, although such limitation might seriously cripple the ability of the laborer to support himself and his family
 Statutes of the nature of that under review, limiting the hours in which grown and intelligent men may labor to earn their living. are mere meddlesome interferences with the rights of the individual, and they are not saved from condemnation by the claim that they are passed in the eN- ercise of the police power and upon  tidual whose rights are interfered with, unless there is some fair ground, reasonable in and of itself, to say that there is material danger to the public health or to the health of the employees, if the hours of labor are not curtailed.
 Tt is impossible for us to shut our eyes to the fact that many of the laws of this character, while pass- ed under what Is claimed to be the police power for the purpose of pro- tecting the public health or welfare, are, in reality, passed from other motives We are Justified in saying so when, from the character of the law and the subject upon which it legisiates, it is apparent that the pub lie health or welfare bears but the most remote relation to the law"
 Passing now to the dissenting opin- ion, on page 70 It is said:
 Tt must be remembered that this statute does not apply to all kinds of business. It applies only to the work in bakery and confectionery es- establishments, in which, as all know, the air constantly breathed by work men Is not as pure and healthful as that to be found in some other es- tnblishmerts or out of doors"
 How can there be any question about what the Supreme Court would have decided if the constltutionality of q general eight hour law had been under consideration?
 1t is argued by counsel that. the Supreme Court has receded from tho position taken in Lochner vs New York, and that Bunting vs Oregon has the effect of revising 1t. l am unable the effect of reversing it. l munable if it were, 1t does not follow that the act under consideration Is constitu- tional. It cannot be successfully con- tended that the Lochner case has been lost sight of and forgotten, for in Wiseman ct al vs Tanner ct al, 22l Fed, 69i, in an able dissenting opin- ion extensive quotations from the I.ochner case are found on pages TIP and 7l3. The majority and minority opinions were adopted in the case of Adams ct al vs Tanner ct al and, up- on appeal to the Supreme Court of the United States, that Court on tho 1lth day of June 1917, reversed the de- cision of the lower court.
 PA U. s. 590.
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