The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-24

The Attorney General, under date Of April
81, 1859, in reply to letter from the, secre-
nary of the Navy, gives the following opinions
Hon, A, r. Boris,. Secretary Of az Na,p-
Or have the honor TO Acknowledge The
rceips Of your letter o. April 8, ASse, n
whick Yen ask my opinion upon he tue
neaAlng and effect % the aet Of oongrtH
humber Of hours clastituting a DAVIS wow
Of laborers, worknisp and mechanics In the
employment OF the United States, taken In
connection with the act OF July 10, 1869,
which provided, "That section eight Of the
act further TO promote the efficiency Of the
navy, approved December 81, lS8l,n be
amended so as TO read as follows "That
the hours Of labor and the rates Of wages Of
the employees In the navy yards shall con-
FORM as nearly az Is consistent with the pub
lie Interest with those Of private establish
menia In the Immediate vicinity Of the ro-
spectlye yards, 10 DO determined BY the COM
mandants OF the navy yards, subject to the
approval and revision Of the Secretary of the
Navy - -
In reply, have to say that the whole sub
ject was duly considered In an opinion by
my predecessor In office, Mr.. Eyarts, TO the
President, on the 18th q November, 1868, to
which beg leave to refer you, and from
the conclusions Of which see no reason TO
differ.
In my opinion the statute Of June 25, 1868,
has nothing to do with the COMPENSATION to
be paid to workmen In the navy yards, and
leaves that to be determined under the pro-
visions OF the act OF July 10, 1862. The
proyislon that eight hours shall constitute a
days labor has no tendency whatever to
show whether the days labor thus estab-
lished shall be paid at lower or higher rate
than the day Of ten hours labor, or at the
same rate. The ratio Of compensate Is
still let by law 10 DO determined under the
rule prescribed by the statute Of July 10,
1862, so as to conform, as nearly as Is con-
sistent with the public interest, with those
vicinity OF the respective yards, to be deter
mined by. the commandants Of the navy
yards, subject 70 the approval and revision
Of the Secretary OF the Navy" ...g
1.-THE private establishments In the neigh
borhood employed their hands for FIVE hours
day only, there would obviously be no JUS
tice In reducing the wages Of those employed
In the navy yards for eight hours TO tho
amount paid by tho day In private establish
ments; and the law intended no such result.
On the other hand, I flud nothing In the
statute which requires you 20 pay the same
price for eight hours labor which private
establishments pay Tor ten or twelve, unless
the amount Of service rendered or the quality
OF the work make the fewer hours In the
navy yhfus cquivaient IN value 10 the longer
time hired In private establishments, or for
some other reason make ID consistent with
the public interest.
Very respectfully, your obcdient servant,
+. r. HoAH, Attorney General.
In conformity with the above opinion, the
Secretary Of the Navy issues the following
circular letter to commandants Of navy
yards and stations;
Navy DEPARTMENT, WASHINGTON, April
%, lse9-Siri The act Of Congress ap-
proved June rs, 1893, constitutes eight hours
a days work for all laborers, workmen, aud
mechanics employed on behalf Of the Gov
eminent. While thus establishing the length
Of days work, Congress omitted to repeal
tue act OF July l6, 1862, requiring the wages
| OF employees In the navy yards to conform
as nearly as is consistent with the public in
terest with those Of private establishments
In the Immediate vicinity OF the yard. Until
these laws are repealed the Department must
abide by them.
The Department has no authority TO eN-
tend the hours Of labor by making more
| than eight hours days work; but II has
the right to employ mechanics, workmen,
| and laborers extra hours, and 10 pay them
| pro rald for suck extra labor.
| Where, therefore, necessity exists for ex-
ira labor, you are at liberty to exercise your
discretion In the matter, SO as to assist the
working classes, and at the same time do
justice 10 the Government.
Very respectfully, A. Z. BoRIE,
| s". "" Secretary Of the Navy.