Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-12-10
The Eight Hour Laws.

! he !etjer OF the First Controller of the
Treasury 10 the Secretary Of War, relating 20
tie construction OF the eight hour acts of Con-
greSs, tths character Of which letter was indi-
Gated IN TIE STAR several days ago. betTays
considerable feeling on the part Of the Control
irT, aLd the existence OF wide difference o.
opinion on very important subjects between
tie Secretary and the Controller. A sketch CT
the eatire matter was printed in THg STAR of
Friday last. In his letter Just for xarded TO the
Secretary Of War, Controller Tayler fOrtiies
his original opinion that only .'laborers, work
men, and mechanics" are entitled TO reimburse
ment for reduction of pay on account OF the re-
duotiOH Of the hours of labor, and quotes the
act Of May IS, 1872, to prove that "the proper
accounting officers are authorized and required
N their settlement OF all accounts for the ser
vices OF lsbOTers, wOrkmen, mechanics en-
FlOyed by or on behalf OF the United States, to
settle and pay the same" sc. In relation TO
the opinion OF Acting Attorney General Hill,
who differed from the Controller, Controller
Tayler saws:
81 am az all times willing to treat an opinion
OF the Attorney General or Acting Attorney
General with great respect, and to allow it such
weight as 1t may justly be entitled to, when
considering questions that come to this Office
for decision; but the circumstances attending
she opinion of October - are such as to derract
much from the consideration usually due 70
an Official opinion from the Department Of JUS
tice.'
Tie Controller here goes on to show that the
decision Of the questions treated by the Acting
Attorney General belong TO the Controllers by
virtue Of law; that the Second Controller had
already decided the questions at issue upon
direct reference and request of the War Depart
ment; that the opinion of the Acting Attorney
General Was, apparently, obtained for the pur-
pose Of overriding the decisions of the Con-
tI0ileTs, al effect totally beyond the powers OF
TIE Del artment OF Justice to accomplish; aud
finally he intimstes that the Secretary took the
opinion o! the Acting Attorney General not so
much for EIs own guidance a. to cOnstTsin the
action ard decisions OF the Controllers who are
oheers o. another department, which has not
asked O. desired an opinion, and il, therefore,
under no obligation, either OF law OF OF courtesy
60 fellow Il. OF even to consider it. Controller
TayleI further says he still tntertains the same
We've ca The matter in question a. he did at
tTst, al shah continue to follow them until
convinced Of their error.
The settlement OF tais important question will
he looked iCT with general interest since il will
decide how far the legal opinions of the AttOr-
hey Generals office can affect the laws for the
guidance o. certain responsible Off GERS OF the
government
IL IS understood that the Secretary of War
las,s AIS acton IN the premises on the act cre-
atIPg The Department Of Justice and the Act
defining the duties OF tie Attorney General OF
The United States. The former act states that
! I shall ~. be lawful Tor the head OF either OF
TIE GcTaI ;ments to employ legal advice and
counsel outside Of his department. but that he
shan refer all matters on which he desires legal
advice TO the Attorney General. There are
Z. re ed claim that The accounting officer of
tae t.eas.sry, while having the power by law of
passing ron and settling accounts. have no
TiEtt n corstrue or interpret acts of Congress,
and that 8! Is their duty, when ever any doubts
aTi.e . e the meaning of the Law, to refer the
ha;,, 70 ne head OF the department, who in
;aEr vii, 'efeT il to the law officer OF the Gov
ernmeEt. IN, Attorney General,) for an opin-
ion. uIcu vLlrs subsequent action mus b.
'assd II Is possible 'a' Congress will be APP
IeaitG 70 20 se,tIa Or. Ter in question.