14 Utah 96 | Utah | 1896
The defendant was convicted of a violation of section 2 of “An act regulating the hours of employment in underground mines, and in smelters and ore reduction works,” as follows:
“Section 1. The period of employment of workingmen in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency, where life or property is in imminent danger.
“Sec. 2. The period of employment of working men in smelters and other institutions-for the reduction or refining of ores or metals shall be eight (8) hours per day, except in cases of emergency,, where life or property is in imminent danger.
“Sec. 3. Any person, body corporate, agent, manager or employer, who shall violate any of the provisions of Secs. 1 and 2 of this act, shall be deemed guilty of a misdemeanor.”
Sess; Laws Utah 1896, p. 219.
The case is analogous to the case of the State of Utah v. Albert F. Holden, 14 Utah 71, except that the defendant in that case was convicted of a violation of the first section of the ..above act, in employing a workingman in underground mining more that eight hours per day, and the
The people of the state, in their constitution, made it mandatory upon the legislature to “pass laws to provide for the health and the safety of the employés in factories; smelters and mines.” Const. Utah, Art. 16, § 6. We do not feel authorized to hold that the statute quoted was' not designed, calculated, and adapted to promote the health of the class of men who labor in smelters and other works for ihe reduction and -treatment of ores. Nor can we say that the law conflicts with any provision of the constitution of the United States. Nor do we wish to be understood as intimating that the power to pass the law doe& not exist in the police powers of the state. The author
For a more extended consideration of the questions raised by the assignment of errors in this case, the opinion filed in the case between the same parties, supra, is referred to. That case we now reaffirm as governing this one. The application for the discharge of the defendant is denied, and he is remanded to the custody of the sheriff, until released in pursuance of law.