Legal Opinion

In re Morgan

Supreme Court of Colorado

Decided September 15, 1899No. 4066PublishedCited by 30 opinions

Original Proceeding. At a preliminary examination before a justice of the peace, upon a charge of contracting to labor in a smelter in excess of eight hours per day, the defendant was committed to jail in default of giving the required bail; and to secure his liberty has filed in this court his petition for a writ of habeas corpus.

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Original Proceeding. At a preliminary examination before a justice of the peace, upon a charge of contracting to labor in a smelter in excess of eight hours per day, the defendant was committed to jail in default of giving the required bail; and to secure his liberty has filed in this court his petition for a writ of habeas corpus. The prosecution was under section 2 of “An act regulating the hours of employment in underground mines, and in smelting and ore reduction works, and providing penalties for violations thereof,” passed by the twelfth general assembly, the material provisions of…

1Opinion of the CourtChief Justice Campbell

The petitioner challenges the validity of the statute as inhibited by the foregoing clauses of the organic law. The position of the attorney general is that it was passed as a health regulation, and may be vindicated as coming within the range of the police powers of the state. Four years before it became an act, this court, to an inquiry of the house of representatives of the tenth general assembly as to the constitutionality of a bill reading, “ Eight hours shall constitute a legal day’s work for all classes of mechanics, working men and laborers employed in any mine, factory or smelter of…

2Cases cited39 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  3. Holden v. HardySupreme Court of the United States · 1898
  4. Burgess v. SeligmanSupreme Court of the United States · 1883
  5. Powell v. PennsylvaniaSupreme Court of the United States · 1888

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3Cited by30 opinions

  1. Leonard v. McMorrisSupreme Court of Colorado · 2003
  2. Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
  3. Ex Parte BoyceNevada Supreme Court · 1904
  4. People Ex Rel. Vollmar v. StanleySupreme Court of Colorado · 1927
  5. Bowes v. City of AberdeenWashington Supreme Court · 1910

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