New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-11-30
TIE ATTORNEY GENERALS OPINION OF
THE EIGHT-HOUR LAW.


addressed him by A. D. Brock and two Others styling
themselves Committee OF Printers employed In the Coy
eminent Printing Office, and requested an OPINION %
the proper construction OF the law mentioned tieu
The law find TO be the act of June 49, 1868 entt al
act constituting eight hours days work Tor an
worRmen and mechanics. employed by or on behalf OF
the Government OF the United States, which reaus do
follows r,-,. o,S
men, and now smgoyt or VIE n s s 81 aS hat ii
and Of acts inconsistent With this act be and TIE same
The communication OF the committee TO the follow
ing effect That the committee were surprised 10 e 10
that the Secretary OF War has been led TO cQnsrue '
above law In order promulgated by MN, so as
to reduce the pay OF employees IL the war 10 de-
cared I'm said order that I'm his opinion was never te
intention OF Congress 10 give ten hours pay IOI osi'
the hope that by laying before him certain facts beaS
upon the intention OF Congress In enaotlng te Ia .
struction which has hitherto been put upon the law
fhe secrearv that he was in error and that firmly con
WINGED that The construction OF law given by him Is
they, although gratefully enjoying the re-
toned benefit Of that wise and liberal measure asks inc
President, in behalf Of the workngmen OF the country,
TO instruct the AOrneyGeneral 10 give an opinion ul
the construction OF the Eight Hour law ior e =,
ance OF all the heads OF departments In that DenL M
Will I've seen that the printers engaged IN u n
Government Printing ONCE are not Directly cg1 orid
the order OF the Secretary OF War, and suffer- IL Wo
SEEM dimnuton Of their pay in consequence OF uY
reduction Of their hours of labor The order aeeus ta
the employees Of the War Department, among whom ty
not included. Subsequently the lresdeht re c'
this office communication addressed 10 nm ~ rict 81
mttee OF the Workingmens Assembly OF me W no
Columbia. asking
Secretary OF War, directing th0t persons sbou
works In which the War Department is interested snt
receive pay in proportion 10 the hours they labor or t
the opinion of the Attorney may be taken a.
the true meaning Of the law ~ Congress, above ocG "a
deducibe from the statute when coated win the oua'
record OF the debate in the Senate tho th OF june
lSCs The order the Secretary OF War efced TO- PR
Cen a b. Dyer Of the Ordnance Bureau. upon com,
munlcation OF Gen r. j. ROdmau of the Rock IsldAu
Arsenal dated July t. lc TO 9e i19T yeg , % 1863
II. practice or ri. department has been 70 allow mechanic, ,a
fta
mer vicinity for tie same % an grade Of labor aq l ~ge
In lie yea.r u laud receive from pi.ae n -,
hour than are nos paid % ,ocs laIa az U 10
that Arsenal sbolg be s h. lor and thry should
A. pIfH. Hevet MAJOR General Cliet o. o,l,ao. e.,
od may ,yo f bc question ON which te Attorney Generals
opuiJn Is desired is whether the act OF juno ~, 80
was ,terlcd to work corresponding reduction IN the
comment for day. WORK lhfic u hohlNS D." Wv
language q the net 20 indicate such an hle1t@h,
docs tis construction ~ a consistent WIN We anu
and purpose Of the laws, which were itliIna'oI ~,
pnysca intellectual and moral welfare oi those VINO arc
engaged ~ manual labor ana 81 te g,e,h H., t lbor
society TIE theory appears 10 hs.s D'll '' ~, il
ing man mechanic by means "l me lhc,a,,u l ,
strength and vieor acquired iI9ukn isb d,iiy os
hours ~ toll, would be erh9.i 10 ir ~
much upon an IN eight hours constant ahV ~
he formerly did Ia ten or even l9ng'r T,.ou' n
FOR mental and moral improvement. Nhclhcr VIZ
/ Is sound in principle d. not here inc q,tt-Iootl'
that Il constituted tie main GROUND u'1 !" iI, '
act urOcreded reference 10 the debates in toit' u
iis ',. Se WI" ,is mes ai the Goyrrnlcn viii receive
fine saline daily equivalent from tho Nothhhh'h u..'
cnriJ moi have contemplated necessary reduction no is
compcnsation. The plain import oi tAe ia" ls NY
Goycrtipcut whether hired by thc day wech oF month
shall only Doe required 90 work eight hours Gay u" ,l
he Te rate of HE compensation o. left 90 the conI" "l
thcTsame agencies aud laws which go'oined u r,lot,;
ard rho salutary provisions THIS subject arc ie" ana
very limited IN ihcir operation Tue sih section 1t tle
act Of Dec q. 1861 i1 statute Sjol and le 9'l.Hy
r..r a I'D
Able To- ma and these confined io employee m tNe
Government Nayylaid TIC io'l.,I ",t I,,, ,,i
NayyYard should be Tie same a. those in the
~ ali - I'm such Navy Yards should approximate
nearly possible the aytfaF. l9,,r .' M 800
shops, 10 he determined 10y thc counahdan' 81 c
Yard This was amended 10y the lhl,,l .' , lttc
ydcs that The hours oI ld'tI 'lu I.le -i, az. is
cro, a. iu the Nuyy Yard shall conform "- hchIg pr '
consistent with the public Interests Nitn ''t " Iar,o
establishments boz The lmnrdlAi. Nl'nl.l ul ,io me-
i've wards 20 be determined by the commhudA"t oi .He
NayyYsrd subject 10 the approval n , :"
Secretary oi the Navy. Ih1 tHrtt OF le i,t,t "' w
ue 2 lsGs :, 10 repeal much OF these statutes as r.
late To- The regulation Of tie hour Of labor. leaving INC
provisions relating 10 wases 10 .ln1 ~ va, '
and ~ has necessarily corresponding tHsci' "'I'h
/ eminent employees are regulated by similar mole,
| aud standards; but VIM" 40 , pro-, H"t
,Ie honT, Of a DAYS labor should Of itself work
proportiouate any reduction oil wages "lu WHO lno
debate on the b in the senate ehhl"s con,ld'ia,'o
OF this proposed con.cg h' a. ~ -, 49,
nust also say that find nothing lu me aci thnt rclut'
I a
braced within the act must receive as hgh wage. l"r
their days labor of eight hours as similar Industry on
Twelve hours The act D. wholly silent ON The subject oi
wages fixing only the length Of % DAYS !aDoI' &c
c,ntuef't and similar industry on private employment
which rs 20 mauifcstly iust and e1pcdicnt s to nave
hern ur1ldcd fOr by law Ia regard 90 employees OF inc
Navy Department and by Departmental regAi9n pa the
War Department. IS matter oil substance anu n1, VI
labor should be compensated IN the puhhc employment
AT the rates OF wages 1t receives ~ pI.he oiny
!
which the act In question was proposed hud CON,
mcnded Congress-to wit, that as lnu.h worm oi
hours Of daily labor In the long ruu-n Ju7ten by eNpe
Renee then this rule Of equality between puuG anh
tc cnloymcnt requires that the eight bourdhy AMOR
OF tho Government should be compensated Nv AZ lkh
49, thc ion hour day labor In employment receives.
n ON the other hand, this eighthour day labor OF tho
~ ,ernment than tenhour day labor produces TO pr-
yate employers, the principle OF equality OF compenSa
lion would be surrendered II equal wages were pau !"
uUeo%oi Labor If this disparity ia the worth Of two dii
,rd measures of labor were found 10 exist then the
workinen In private employment would justly cihlh ha,
II te Government paid certain wages Tor eght houis
b"T bcy shond receive higher wages for ten hours la
bOr This Increase OF wages Tor ten hOurs lNDyr Dtlb
thus established In private employment lne enPioc' ~
the Government would demand this new measure Oh
tenhour labor based upon It's being WORTH more t
eighthour labor, and thus In turn eash system wo
be encouraged 10 rise upon the denanns oi VIC
other That the essential clement OF tnis au1 oi
equality Is that the same WORTH ~. iI t r"otn ON
celyed the same wages In Government as III PNa'o cn
ployment may be illustrated by not lPlop"U,o
lion of wages while this theory OF fewer hours rouucs
e0nal amounts Of labor with longer me OF WoIh - Vons
tested by experience. Suppose tlat tneIe nhouu 10
divided practice In private employment by when zen
hours labor should receive certain wages ana egns
onrs, labor less wages the Government elghthour
aborers to receive under the statutes recurring Or o
departmental regulations prescribing eqnhiy Oh was
bei ween public and private employments INC plitap
wages for eight for those for ten hours apor MIMI
fesfv the Government employers In te SUPPOSE o 10.
wonId find their necessary measure or eqnhly ia o
rvate wages OF the eight hour labor, ana not IN to
larger wages OF the ten-hOur LABOR ING % , ~
then 10 which is that the recent act does not re
azure that the wages OF the shortest uay Oh t %
Inent labor should be reduced In proportion 10 ue
hat lia
~ a. ges M the shortened day should be as large as