The New York herald., 1878-07-10
eeNERAL WASHINGTON DISPATCHES,

THE EIGHT Houh LAw-oPINIoN OF THE At
ToRNEY GENERAL--LlBoRERs UNDER aov-
EhNMENr TO BE PAID IN PROPORTION TO
TIME ENGAGED.
WASHINGTON, July o, 1878.
Tho following is the opinion Of the Attorney General
the Eight Hour law
Department or JusricE. !
WASHINGTON July 8, 1873
Hon. X. w. THOMPSON, Secretary OF Inc Navy =
SIR-By circular issued from the Navy Depart
ment under date Oi March 81 1875 II is annou need
that "rho department viii contract Tor the labor oil
mechanics, hremen, loading men aud aborers on tho
basis OF eight hours day. but that all workmen elect
ing to labor ten hours DAY VIII roce,ve
curry rsaiiy suggested by you Is whether the
circular accords With the meaning and intent scc-
tion 1888 OF tho Revised Statutes, which declares
that Light hours shall constitute day work Tor
all labOrers worKmon and mechanics Who may DO am.
nioyed 0y or on behalf of tho government OF tho
The provisions OF this section commonly known as
the Eight Hour iaw' were iuy discussoa BIZ ore and
carefully considered by tne supreme Court OF the
Unitcd States In tho Of the Unuee States against
Martin, decided during the October term 1876 (Sec
Otto, 4OO). ihe decision OF this tribunal, TO tho
proper construction and effect OF section
IN question IL 6inding upon tho executive depart
ments and controls any relation winch may exist
between either oil hose departments the mschan-
les or aborers whom they employ. II therefore to
whotner or not The circular Ia oucston
Ia In conformity with the construed by this
Court lh the named the Couri, after obscfviny
that tho section twas d,rccton OF Con ress IN tns
officers aud agents OF the United states establishing
the principle 10 Oe observed the vi those en-
gagged IN tins service" holds tnat II only prsscribes
the ongh ol Time which shall amount u day rs work
when no SPECIAL agreement Is MADE upon the subject
anu that does not ioroid the maEina OF contracts
fixing different length OF time us the days work,
"Thcrc arc several things, the Court adds, '.wnicn
the act does not regulate, which It may DO worth
'.Fiyst-It docs establish the price to b. paid
for day's WORK. 1t does not specify any
sum which shall be pad Tor tho laO0r oi eight hours
that the price shall be wnen the hours arc
greater or icss when the hours fewer is silent
as 70 everything except the direction 10 It's officers
that eight hours shall constitute oays work for u
lab0rcr
'Second-The.statute does not provide that the sm.
ploycs and tho ia6orer may not agree with each
Other as 10 what timc shall constitute day = work
- We regard the statute chiefly az IN tho ma
ture Of direction from principal 10 his agent that
olght hours Is deemed proper length OF time Tor a
days labor and that his contracts shall be based upon
The circular mentioned is In perfect harmony with
the authoritative exposition OF the law II proposes
TO contract ior labor tue basis OF .ght hours CON
the statute is fully conformed 10, and although IL
provides Tor ,hs allowance Of u proportion
ate increase OF wages whore the workman
elects 10 labor ten hours day instead Of eight yet
ths ID not at variance VI b tho laws On the con-
trary, such provision be doomed entirely con
ssteut 10 the law, and tho statute, accor ling to
the construction Of the Supreme Court, does rot
assume 10 regulate the price of the Labor, II Is to
regarded as made not less the intercst Of the EN-.
ploy6 than that Of the employer Since this decision
was mado there has been iuil discuss OF tho sub
j'c. In The House OF Representative anu tho
Senate at tho lust session Of Congress. and
~ was apparently ASSUMED throughout that
elect Of tho decision OF The Supreme Court that
which have sardod aud that it was necessary
TO pass additional act By which u should DO pro-
vidcd Ia somo formal words that laborors IN tho
navy yards OF tho United states should receive Tor
eight hours work the same pay Iaborers of The
same class Received from other employers Tor ten
hours work. II such Vas the Intention OF Congress
In passing the section under consideration se Con
gressional Record, vol. T. Nos. los 70 1887 IL Was
~ tue Lower OF Congress II tho decision OF
The supreme Court was not In conformity with the
actual intent which IL had ih passing tho law 20 con-
lupI wh
should be explicit upon this subject. THAT however
not doue.
In direct answer to your inquiry, therefore, aud In
view of tho decision OF the supreme Court, am oi
opinion that the circular Of the Navy Department OF
March 81 lS7Y Is In accordance Win section 3S Of
The Revised Statutes, which embodics wnat ~ CON-
mouiy known as tho gut Hour hw.
Fery respectfully. your oDsdisnt servant,
CHARLIE, DEyENs. Attorney General