The weekly Alaska citizen., 1918-03-25


 eight hour law applicable to labor in certain kinds of mining. It Is based upon right principles. If a similar law is needed 10 regulate the hours of labor in any other in- dustrJ', let the necessary premises be stated and its enactment be an other step in our onward march to- ward the betterment of social and I economic conditions. But to take the miner, the teamster, the fisherman, the woodchopper, the farm laborer, the clerk, the carpenter, the machin ist the watchman, the waiter, the cook. and each and every other kind of wage or salary earners, bind them in the same bundle. enact a law regardless of, and under no the ory of, the police power of the State, make no provision for pay ment for overtime If required to work during an emergency, and then say to them: If you work for an other for wages or salary more than eight hours in any one calendar day, except when life or property is in imminent danger, you are crim- inal, is unreasonable and manifestly unjust.
 The nature of the service per formed by the defendant Coleman for the defendant corporation, Is not alleged in the indictment. But even if it had been specifically set forth. there is nothing in the Act to indi cate that the Legislature acted with any consideration of what the police power of the State means. It was the duty of the Legislature to en- body in the Act the reason for the Act. That function could not be delegated to the Court.
 State vs. Barba. 45 L.. R. A. (N. S) 546.
 Burcher vs. People 93 Pac. 14 Not only is it the Courts right, but it is the Courts duty to take judicial notice of the peculiar con ditions existing in this Territor.. From south of the 55th parallel of latitude the Territory extends far north of the Arctic Circle, and from east of the 132nd meridian of longi- tude to beyond the 174th meridian east longitude. It's winters are long: it's summers short: its industries. with the exception of lode and un- derground placer mining, are con trolled almost entirely by climatic changes incident to the change of seasons; it's area Is more than half million square miles: the open season Iyiu ha Doc
 is short it's inhabitants all told num- Der less than 100000 people. It is peo. pied by the vigorous and energetic It is country in the making. It may be said that this is as much a mat ter of legislative notice as 1t Is l matter of judicial notice This Is true. But the failure on the part of d legislative body to act in ac- cordance with the plain provisions of the Fourteenth Amendment af. , lords no valid excuse for Court to also disregard the Amendment
 The cases cited below have fully l discussed both sides of the many questions presented to the Courts } for determination where an exercise
 
 been involved
 Coppage vs. Kansas. 236 U. S. 1. Lochner vs. New York. 198 U. s. 45.
 . Atkin vs. Kansas 191 U. s. POT. Holden vs. Hardy. 169 U. s. 366. Muller vs. Oregon. POS U. s. 412 Adair vs. U. s. POS U. s. 161. | par 27
 Slaughter House cases. S3 U. S. 36.
 Adams vs. Tanner. 244 U. s. , 590
 Ellis. vs. U. s. 206 U. S. 246. Ruling Case Law. Vol l6 D. 47O-497.
 Bunting vs. Oregon. 37 s. Ct. Rep. D 434.
 . Short vs. Bullion Beck X C. NJ. Co. 45 l.. k. A. COP. Dominion Hotel, Inc, vs. State. l 161 Pac 682
 State vs. LeBarron. 162 Pac 265. l Perkins vs. State. 190 s. w. 731. Saville vs. Corless, 15l Pac. 51. State vs. Legendre. 70 So. 70. People vs. Weiner. 110 N. F.. 870.
 : Some other questions have been | raised by the demurrers, but l do f not consider 1t necessary to pass upon them at this time. An exami- nation of the Journals of both the l House and Senate discloses the fact that the procedure leading up to the approval of the Act was. to say the least. irregular.
 . l am satisfied beyond all doubt , that Chapter 55 of the Session Laws of 1917 is plainly and palpably be- yond all question in violation of the Fourteenth Amendment to the Con- stitution of the United States. am also of the opinion that 1t is class legislation and prohibited by the Or. ganic Act.
 The demurrers are. therefore. sus- tained.
 Dated March 23, 1918.
 CHARLES E. BUNNELL, District Judge.
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