The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-24
THE EIGHT.HOUR LAW.
Opinion by Attorney-t:cncraI Hoar.

Opinion by Auorney-t:encral Hoar.
The Attorney-General, under date OF April u,
1869, in reply 10 u letter from the Secretary of
the Navy, gives the following opinion:-
Hon a. f. BoRlE Secretary OF the Navy-Sr:
have the honor 10 acknowledges the receipt OF your
letter OF April 3, 1869, i'm which you ask my opinion
upon the true meaning and eject OF the act OF Con-
press approved June 20, 1865, which fixes the number
OF hours constituting days work of laborers work
men, and mechanics In the employment OF the United
States, taken in connection with the act OF July l6
1862, which provides 'hat section eight Of the act TO
further promote the efficiency of the navy,
approved December u, lsSl be ,sn, amended Yea
hours of labor ana the rate of wages of employees
in the navy yards shall conform, as nearly as con-
sistent with the public interest with those of pri-
vate establishments In the immediate vicinity of
the respective yards, to be determined by the COM
mandants of the navy yards, subject to the APP
In reply have the honor TO state, that the whole
subject was fully considered in the opinion OF my
predecessor Nlr Evarts) to the President on the
18th of November, 1865 to which beg leave TO refer
you, and from the conclusions of which see no
on TO differ In my opinion the statute OF June
25 1865 has nothing to do with the compensation 20
he paid workmen in the navy yards, and leaves thai
TO he determined under the provisions OF the act or
July l6 1902 The provision that eight hours shall
constitute days labor has no tendency whatever to
show whether the days labor thus established shall
be paid at lower or higher rate than day of ten
hours labor or at the samer rate. The rate of COM
pensation is still left by law to be determined under
the rule prescribed by the statute OF July 49, 1862
as to conform nearly as consistent in the
public interest with those of private esta
bllshments in the immediate vicinity o
the respective yards to be determined by the COM
mandants of navy yards, subject to the approval and
revision OF the Secretary of the Navy. If private
adjustments in the neghborhood employed their
hands five hours the day only, there would obvi-
ousy be no justice i'm reducing the wages of those
employed in the navy yards for eight hours to the
amount paid by the day in private establishments,
and the law intended no such result on the other
hand, | find nothing in the statute which requires
you to pay the same price for eight hours labor
which private establishments pay for ten twelve,
as the amount of service rendered the quality of
work made the fewer hours in the navy yards eaui-
valent in value to the longer time hired in private
establishments, or for some other reason make it
consistent with public interest.
Very respectfully, your Obedent servant.
Il. II. HoAR, Attorney General.
In consequence of the above opinion, the Secretary
of the Navy sends the following circular letter to
commandants of navy yards and stations:-
NAVY DEPARTMENT, WASHINGTON, d. c., April %,
1s69.-Sr:-The act of Congress, approved June 25,
lahorers, workmen and mechanics employed on
behalf OF the Government While thus establishing
the length of aday's work. Congress omitted to re-
peal the act Of July 1G, 1862, requiring the wages
OF employees in the navy yards to conform, as
nearly consistent with the public interest with
those of private establishments in the immediate
vicinity of the yards. Until these laws are
repealed the departments must abide by them. The
department has no authority to extend the hours of
labor by making more than eight hours days work,
but it has the right to employ mechanics, workmen,
for extra labor Where therefore, necessity exists
for extra labor, you are at liberty to exercise your
discretion in the matter to assist the working
classes, and at the same time do Justice the Cow
crnmcnt. Very respectfully, A. E. BORIE,
Secretary of the NAVY.