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in their own constitution of 1896 an article dealing explicitly with the rights of labor, as follows :
Article XVI, Section i. The rights of labor shall have just protection through laws calculated to promote the industrial welfare of the state.
Sec. 2. The legislature shall provide by law for a board of labor concili- ation and arbitration, which shall fairly represent the interests of both capital and labor. The board shall perform duties and receive compensation as prescribed by law.
Sec. 3. The legislature shall prohibit :
(i) The employment of women, or of children under the age of fourteen years, in underground mines.
(2) The contracting of convict labor.
(3) The labor of convicts outside of prison grounds, except on public works under the direct control of the state.
(4) The political and commercial control of employes.
Sec. 4. The exchange of blacklists by railroad companies or other corpo- rations, associations, or persons is prohibited.
Sec. 5. The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation.
Sec. 6. Eight hours shall constitute a day's work on all works or under- takings carried on or aided by the state, county, or municipal governments ; and the legislature shall pass laws to provide for the health and safety of employes in factories, smelters, and mines.
Sec. 7. The legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article.
In accordance with the provision of sec. 7 of this article, the Utah legislature proceeded to enact a statute, of which the essential features are as follows :
Section i. The period of employment of workingmen in all underground mines or workings shall be eight hours per day, except in cases of emergency where life or property is in imminent danger.
Sec. 2. The period of employment of workingmen in smelters and all other institutions for the reduction or refining of ores or metals shall be eight hours per day, except in cases of emergency where life or property is in imminent danger.
On June 26, 1896, one Holden was arrested under a warrant charging him with employing a man to work in a mine ten hours in one day. The court, having heard the evidence in the case, imposed a fine of 850 (fifty dollars) and costs, and ordered the
