The weekly Alaska citizen., 1918-03-25

1T VIII thC 1<OShuCl SuoC al V ound on pages TIP and 713. The lajority and minority opinions were dopted in the case of Adams ct al 8. Tanner ct al, and, upon appeal ) the Supreme Court of the United tates, that Court on the 1Nh of une, 1917, reversed the decision of he lower court, PA U. s. HSO.
 My attention has been cslSsd to he following from the decision of he Supreme Court m BunGing vs. 'regcn supra:
 Tt is enough for our decision if the legislation under review was passed in the exercise of an admitted power of government; i; and that it is not as complete as it might be, not as rigid in it's prohibitions as 1t might be, gives, perhaps, evasion too much play, is lighter in it's penalties than 1t might be. is no impeachment of it's legality. This may be a blem- ish, giving opportunity for criti- cism and difference in characteri. zation, but the constitutional va lidity of legislation cannot be de termined by the degree of exact ness of it's provisions or reme- dies. New policies are usually tentative in their beginnings. ad- vance in firmness as they advance in acceptance. They do not at a particular moment of time spring full-perfect In extent or means from the legislative brain. Time may be necessary to fashion them to precedent customs and condi- tions. and as they justify them selves or otherwise, they pass from militancy to triumph or from question to repeal"
 In the following paragraph the 'ourt said:
 But passing general considera. tions and coming back to our i'm mediate concern, which is the va lidity of the particular exertion of
 power in the Oregon Law. our
 judgment of it is that it does not transcend constitutional linn. it's"
 The act under consideration pro. ided in Section l:
 ''It is the public policy of the
 State of Oregon that no person
 shall be hired. nor permitted to
 work for wages, under any condi
 tions or terms, for longer hours
 or days of service than is con
 sistent with his health and physi
 cal well-being and the ability to
 promote the general welfare by
 his increasing usefulness as a
 healthy and intelligent citizen. II
 is hereby declared that the work
 ing of any person more than ten
 hours in one day in any mill, fac
 tory or manufacturing establish
 ment is injurious to the physical
 health and well-being of such per
 son, and tends to prevent him
 from acquiring that degree of in
 telligence that is necessary tC
 make him useful and desirable
 citizen of the state"
 nd Section 2:
 "No person shall be employed
 in any mill, factory, or manufac
 turing establishment in this state
 more than ten hours in any one
 day, except watchmen and em
 ployees when engaged in making
 necessary repairs, or in case ol
 emergency, where life or proper
 ty is in imminent danger; provid
 ed. however, employees may work
 overtime not to exceed three hours
 in any one day, conditioned tha,
 payment be made for said over
 time at the rate of time and one
 half the regular wage"
 It is such a law as the above hat the Supreme Court held to bt law based upon the 'xercise of the police power of the tate. This act is as different from he act in question as daylight is rom darkness. For the sake of ar let us assume that the Ter itorial Legislature intended to en lct this law as a health measure Does not our Constitution seek tC protect as fully the health of hin vho engages in private enterprise nd by his own labor supports and 'ducates his family as it does the lealth of him who offers ...,s labor or sale in order to accomplish the anne laudable purpose? If A owns en acres of land and B, his neigh 'or, owns but one acre, how can fl 'e said that A can work for himself my number of hours per day and hough he needs B's services fol nore than eight hours per day and desires to sell his services fol nore than eight hours per day, yet } if he sells his services for ten tours per day to A, will be violat ng the law, and A also may be fable? Or. suppose A is a book Ieeper and B, his neighbor, is a A desires to add to the comfort of his home by having cer. ain alterations made, and B de. fires to do the work evenings after is regular employment for the day s finished. There is no property IT life in imminent danger. It is merely comfort for A and his amily. and B needs the extra money e can earn to buy books for his ibrary. Assuming that B on a cer- ain day did work for a contractor