The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-01-02
Eight

amount of stock held or owned
b yhim The Legislature cannot de-
feat this obligation, but it may pre-
scribe for the enforcement of the
liability. In the absence of such leg
islation, equity can and will find a
way for its enforcement
q. To hold that Section of Ar
ticle XVIII is not self-eXecuting in
anv manner would allow individuals
and corporations to violate the eight
hour provision with impunity except
when there is specific statute cover
ing the occupation or pursuit in
volved. Is it conceivable that the leg
islature should be allowed to accomp-
ish by inaction exactly what it is
prohibited from doing by direct ac-
ton? This would be a farcical result |
!" said Olsen in his opinion.
Where there are no statutes which
make it a crime to violate the eight |
hour law the Commissioner of Labor
can now enforce this constitutional
provision by injunction. The indi-
vidual or corporation who violates
the Injunction can then be fined by
the court. However, it would be much
better for the interests of labor if
specific statutes were enacted to
make violations of the eight hour law
a crime in enforcing this law.
All statutes concerning the eight
hour day should be re-enacted to cor
respond with the constitution as
amended in 1886. All those statutes
which allow over eight hours are now
in violation of the constitution and
should either be revised or killed.
CHILD LABOR :
Everyone recognizes the necessity
for Child Labor laws. However, there :
is a large area of employment of :
child labor which is still not provided :
for by statute and it would seem the :
entire field of legislation to prevent :
child labor and protect the minor
working should be reviewed and if
more adequate protective :
legislation enacted. :
The law now states, "Any person, :
firm, association, or cor :
poration engaged in business in this :
state, or any agent, officer, foreman, :
or other employee having control or
of employees, who shall
knowingly employ any child under
the age of sixteen years, in, on, :
or about any mine, mill, smelter, :
factory, steam, electric, :
hydraulic, or compressed-air railroad, :
oh al a..
where machinery is operated, or for :
any telegraph, telephone, or mess :
anger company, or in any occupation -
lot herein enumerated which is known =
% be dangerous or unhealthful, or ::
which may in any way be detrimental :
% the morals of said child, shall be :
guilty of misdemeanor and punish ::
Lble as hereinafter provided" =
However, that part which states -
:. /. or in any occupation not herein -
which is known to be -
dangerous :" has been held by the =
tate Supreme Court in Burke V. -
fontana Power, that g. separate -
lass of occupations is designated, in -
ependent of and in addition to those -
specifically named, and =
hat such occupations may not, under 80
ne ejusdem generis rule, be held to -
lean occupations of the same kind -
nd character as those previously =
:" The court went on =
} rule that, g. any occupation -
+. known to be dangerous is so I'M -
ertain as to be the kind and nature -
{ occupations intended to come with ==
| the prohibited class, as to render =
void :. :" 1t further held that @. -
there the legislature undertakes to -
efine new offense the statute must -
e so explicit that all persons sub -
.ct to its penalty may know what =
cts to avoid &. :" =
Isn't it about time, especially if =
!bor wants good Child Labor laws, =
lat labor should sponsor and support -
gislative action to make additional =
Eplicit occupations which cannot =
ire child labor? The Burke V. Mon =
ina Power decision was rendered in -
lie late 1920's, yet nothing new has =
cen done since then to correct the