The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-29
THE EIGHT HOUR Law.


Opinion Of Attorney General Evarts Upon the
Reduction Of Wages Of Government Eni-
pIOyes.
WASHINGTON, Nov. %, 1868
The following is the opinion OF Attorney General
Evarss on the construction OF the Eight Hour law
question:
ATTORNEY GENERALS OFFICE, Nov. 25, 1868.
To the PRECEDENT
SIR-The President recently referred to the Attor-
ney General communication addressed TO him by
a. ID. Brock and two others, styling themselves a
committee OF printers employed In the government
printing Office and requested an opinion as to the
proper construction OF the law mentioned therein:
That law lind to be the act OF June %, 1885, entitled
IAN act constituting eight hours a days work for
ali .aborers, workmen and mechanics employed by
oeha. OF the gov eminent OF the United States,
which reads as folows:-
That eight hours shall constitute a days work for all
lseorers woramen and mechanics now employed OF who
Of the United States and that all acts and parts OF acts
peaed.
The communication of the committee is to the fol-
lowing enect:-Ihat the committee were surprised
consiruc the above law, In recent order promul-
gated by him, so as to reduce the pay Of EN-,
declared in said order that in Is opinion
il was never the intention OF Congress to give ten
hours pay for eight hours work; that they there
upon visited that officer in the hope that 10y laying
before him certain facts bearing upon the intention
of Congress I'm cnacting the law they might induce
him TO revoke his order and accept the construction
which has hitherto been put upon toe law by its
enemies wei by IT. friends but failed To satisfy
the Secretary thai he was in error; aud that firmly
convinced tnat the construction OF the law given
| by HIM is erroneous they, although gratefully en-
| oying the unquestioncd benefit or that wise and
liberal measure. asks the President, In behalf OF the
workingmen OF the country, 10 instruct the Attorney
| General to give an opinion upon the true construc,
ton OF the Eight Hour law for the guidance OF all
! the heads OF departments I'm That behalf
| 10 VIII be seen that the printers engaged in the
government printing ONCE are not directly alected
by me order OF inc secretary o. war; ana suner u
would seem no dtminution IN Their pay IN conse-
quence Of the reduction OF their hours OF labor.
The order Affects only the employees OF the War
Department, among whom they are not Included.
Subsequently the President referred to this Office
communication addressed 10 him by committee
OF the w0rkngmens Assembly OF the District OF
Columbia. asking recession Of an alleged order OF
the Secretary of War, directing that persons engaged
on works i'm which the war Department IL Interested
snail receiver pay in proportion To the hours they
labor, or that the opinion OF the Attorney
General may be taken rs to the true mean
Ing OF the law Of Congress, above cited,
rs dcducibe from the statute when colated VITA
the official record OF the debate in the
Senate on the oath OF June, 1865. The order OF the
secretary OF war referred To, ! presume, IL one OF
July ~ 1893. approving an endorsement OF General
A. u, Dyer OF the ordnance bureau, upon con,-
municaion OF General r. j. iiodman. OF the ROCK
Island Arsenal, dated July 10, 1865, 20 the following
eject
oRpSANcE OFFICE, July %, 1910.
The practice OF this department has been TO allow
chanIcs and other hired workmen the Same wages
kind grade labor, and would aeem TO be proper
se d sH R Island ro% private
e.s vases per hour than are now PAD At koss Island Ar
duced But they desired % work ten bours each calendar
day re ana s Sv se or one and
| A. Is. DYER. Brevet Major General,
| IL NAV be collected from the papers referred TO
! this Office that The question on which the Attorney
/ Generals opinion Is desired - whether the act Of
! June rs, 1865 reducing the number OF hours con-
shutting days work was intended 70 work n cor
responding reduction IN the compensation for q
DAYS work. There is nothing In the language OF the
act 10 indicate such Intention nor does this
striictlon seem at all consistent with the aim and
their character, having in view the promotion Of The
physical, intellectual and moral welfare of those
/ who are engaged IN manual abor and Of The general
| interests OF society. The theory appears 20 have
been that the laboring man on mechanic, by means
| OF the increased ply steal strength and Nigor ac-
! auirel through a reduction in his hours " toll.
! Would be enabled TO accomplish daily az much upon
| an average In eight hours constant labor a. he
| formerly qua In ten or even longer period, while
/ at the same time he would enjoy longer season
/ FOR mental and moral Improvement. Whether THIS
| rs sound in principle Is not here the question;
i that II constituted The nam ground upon which the
act proceeded reference 10 the debates IN Congress
on ils passage WAL clearly Snow Acting upon this
/ theory then, which assumes that the government
| VIII receive the same daily equivalent from the
| working men under the new regulation as under the
! old. ,he Legislature could not have contemplated
necessary reduction in MS compensation, tlc pam
i import ~ The law is that "A laborer. workman or
mechanic in the employ OF the government. whether
hired by the day week or mouth, shall onlY De re-
quired 20 work eight hours day ~ earn hs daily,
/ weekly or monthly wages, whatever these may be.
! The rate of hls compensation ~ ieit 10 the con
| troll OF the same agencies anu avs when
governed U before. and the salntaTy pro
visions on this subject are lew anu very
limited in their operation. The eighth section OF the
| act % December ~, 1851, !! satrie. $50, and TIE
amendatpry act OF July l6 1892 ftt0. 5S1, comprise
an nave been able 10 find, and these arc confined
| 10 employees IN the government ndvs yard. me
former a1i provided that the hour- o. abor ~ tue
government navy yard should DC the same rs thOse
In the nearest private ship yard anu that me wages
| OF An employees in such navy yards should apron.
! mate az nearly as possible the average prices
! pald employees OF Same grade ~ the
| nearest private slip yards. or wotkshps, ~ Do
4 determined 10y the cornmsndalt ot tne navy YARD.
This WAS amended by the latter act waich provides
that the hours OF labor and rate OF wages OF the en-
ployes IN the navy yard shali conform as neary as
is consistent with the public interest. with those of
private establishments IN the immediate vicinity OF
the respective yards. to be determined by the
mapdant OF the navy yard. subject 10 the approva,
l ana revision Of the secretary OF the Navy. The
eect OF INC recent act OF June Is 1853. Is 10 repcas
sc much OF .nese statutes relate 10 the regulation
!ng "a wages 10 stand ne they were before am Il
has necessarily corresponding effect wherein other
departments OF the puDlic service the wages
! OF government employees are regulated w
/ similar modes and standards; but while dc not
ind Ia the act anv Indication that the reduction oil
| the hours OF days labor should OF itself work
proportionate or any reduction OF wages, and while
the debate on the bili in the senate exhibits con
sderation OF this proposed consequence and a rcjec
1 ton of u, must also cay that ind nothing in the
act that requires an absolute RUE that employees OF
| the government embraced within the act mus, re
ceive IS high wages for the their DAYS tabor OF oghi