The Alaska daily empire., 1919-04-11

ness, would all come under the power of the Legislature, on this assumption. No trade, no occu- patton, no mode or eta mug ones living, could escape this all-pervading power and the acts of the Legislature in limit ing the hours of labor in all employments would be valid, al though such limitation might seriously cripple the ability Of the laborer to support himself . and his family.
 Tt is to be urged, pursuing the same line of argument, that it is to the interest of the state that it's population should be strong and robust, and there fore any legislation which may
 be said to tend to make people
 healthy must be valid as health
 laws, enacted under the police
 power. If this be a valid ar
 gument and a justification for
 this kind of legislation, it fol-
 lows that the protection of the
 Federal Constitution from un-
 due interference with liberty Of
 person and freedom of contract
 is visionary, wherever the law is
 sought to be justified as a valid
 exercise of police power.
 Statutes of the nature of that
 under review, limiting the hours
 in which grown and intelligent
 men may labor to earn their liy-
 ing, are mere meddleSOme in
 references with the rights of the
 individual, and they are not
 saved from condemnation by the
 claim that they are passed ill
 the exercise of the police power
 and upon the subject of health
 of the individual whose rights
 are not interfered with, unless
 there be some fair ground, req
 sonable 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.
 If this be not clearly the case,
 the individual whose rights are
 thus made the subject of legis-
 lative interferences are under
 the protection of the Federal
 Constitution regarding their lib-
 erty of contract as well as of
 person; and the Legislature of
 the State has no power to limit
 their right as proposed in this
 Statute"
 am of the opinion that if tn .ourts consider the proposed Ac without regard to the Legislativ preamble and give separate consit ,ration to each occupation mentioned
 the law will be upheld as to sa' mills, factories, manufacturing estal ishments, fish canneries. plants an other establishments for curing an Irving fish and their by-product md for the extraction of fish an whale oils, laundries, and possibl transportation companies; that would not be upheld as to lumbe yards, mercantile establishment (though laws limiting the hours c abor to women in such establish nerts have been sustained), log ying camps, hotels, restaurants, tele phone establishments, offices, store md express companies.
 What I have said so far is base Ipon the assumption that the court would disregard the legislative declal ition as to the purpose of the sta lte. If cognizance should be take )f the legislative declaration of pul rose, the courts would not be i; 3lined to impute to the Legislatur my attempt to disguise their req motive unless there is something i he Act itself or in the history c he legislation, or other facts an circumstances possible to be proper ly brought to the attention of tn court, contradictory to the ayowe purpose of the Legislature.
 But the attention of the court will no doubt be directed to tn history of this legislation and c previous legislation on the same suf ject.
 The Legislature of 1915 passe an Act providing for the submissio to the voters of Alaska of the ques tion of whether or not they were i favor of a general eight-hour day fo all wage and salary earners in tn Territory of Alaska.
 In the election of 1916, the voter of Alaska expressed themselves O the question submitted with pract cally unanimity in favor of sue proposition.
 Pursuant to this expression of tn voters, the Legislature of 1917 pass ed an Act limiting the hours of la tor for all wage and salary earner to eight hours in a single day. Thi law was held invalid by one of tn District Courts of Alaska as bein; an abuse of the police power and al unwarranted invasion of the righ of liberty to contract guaranteed b. the Fourteenth Amendment to tht Constitution.
 The Attorney General of the ITnit