Show BERT HOLDENS uGH FIHT Eighthour Law in the Supreme Court of the United States I INTEREST TO UTAH MINERS CASE BRIEFLY PRESENTED BY JUDGE JEHE WILSOlf will Be Determined 2Tainly on the refs Judge Wilson Claimed That Similar Laws Had Been Declared De-clared Unconstitutional In Other StatesA History of the Case Special to The Herald Washington Oct OThe arguments in the case of Albert F Holden against exSheriff Hardy of Salt Lake county Utah were briefly presented in the supreme su-preme court this afternoon There were no extended statements and the case will be determined mainly on the briefs which have beep filed Tie attorneys for Holden argued that the Utah supreme court Was in error In affirming the constitutionality of the I law because It deprived Holden of his liberty and property without due process pro-cess of law impairs the obligation of lawfl contracts made and entered into in-to by Holden and his right to make such contracts because the law is class legislation not equal and uniform and deprhes Holden of the equal protection of the laws and abridges his privileges and immunities as a citizen of the United I Uni-ted States RxJudge Wilson the principal attorney I ney for Holden argued that in Colorado Colo-rado Nebraska California and Illinois I laws substantially similar to that in question have been held unconstitutional I unconstitu-tional and void by the highest courts and in many of the remaining states of I the Union laws nearly analagous to i void the principle have t likewise been held I History of the Case Washington Oct 20The case of Albert I Al-bert F Holden plaintiff in error vs Harvey Hard sheriff of Salt Lake I county Utah which involves the constitutionality con-stitutionality of the Utah eighthour law for miners engaged in underground mines was argued In the supreme court today The case came up from the supreme court of Utah Holden was convicted for employing Anderson a miner for ten hours a day and was sentenced to pay a fine of 50 and serve 57 days in jail On the trial Holden while admitting the employment of Anderson An-derson for ten hours a day pleaded not guilty because Anderson voluntarily engaged In the service because the facts Charged did not constitute a crime the statute being repugnant to the constitution of fhe United States in that it deprived employer and employee from making contracts in aJavrful way for lawful purposes that it was class and the defendant legislation deprived te defendat of property and liberty without due process of law Upon conviction he filed a petition in the supreme court of I Utah for a writ of habeas corpus which the court denied whereupon it was brought to the supreme court on a writ of error that the Utah supreme I court erred In holding the law consti tutional Judge Jere M Wilson appeared ap-peared for the plaintiff t |