Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-07-10
The Eight-Nour Law.

OPINION OF TIRE ATTORNEY GENERAL. Sis
TANNING THE CIRCULAR OF TIE NAVY DE.
PARTMENT.
The following is the opinion OF the Attorney
General on the eight-hour law:
DEPARTMENT OF JUSTICE, WASHINGTON,
July S.-T0 Hon. R. ". Thompson, SecretarI
@ ne Nary:-Sir' BY circular issued from
the Navy department, under date of March 2l
1873, ii is announced that the department
Will contract for The labor of mechanics fore
men, leading men and laborerS on the basis Of
eight hours day, but that all workmeu eject
ing TO labor ten hours a day will receive pro-
portiOnate increase OF their wages" The in
qulry really suggested by you is whether this
circular accOrdS with the meaning aud intent
of section 3I5S of the Revised Statutes which
declares that eight hours shall constitute a
days work for all iabOrerS. wOrkmen and
MECHANICS who may be employed by or
on behalf OF the government of the United
states, The provisions of this section (com-
monty known as the "eighr-hour Iaw") were
fully discussed before and carefully consider
eu Dy The supreme Court OF the United States
IN the case OF the United States against Mar
I'm, DECIDED during October term, lSI6, tSee
QUO, 400 The decision of this tribunal, As
To the proper construction and effect OF the
section In question. is binding upon the ex
ecutlVe departments, and controls any rela-
non which may exist between either Of these
departments and the mechanics or labOrers
whom they employ. Ii il, therefore TO be as
certained whether or not the circular ia queS
ton IS in conformity with the section rs con
Stiued by this court. In the case named the
court, after observing that the section was a
direction OF Congress 10 the officers and
agents of the United States, establishing
the principle 10 be observed in the labor
ol those engaged in its service holds Char
Il only preScribeS the length OF time
which shall amount to a days work J74en no
$ptGiCt Ggrcen.e@t Is H,dde np0n the SUBJECT.
and that it does not forbid the making.
OF contracts fixing different length uf time
as the days work. There are several things
The court adds, which the act does not rHgr
late which il may he worth while 30 notice
tn hn M,
Tor day work; ii does not specify anv SUM
winch shall be paid t0r the labor Of eight
hours, nor that the price shall be more when
lhe hours are greater or less when the hours
are fewer. Ii is silent aS 20 everything
except the direction b0 its officers thar eight
houl shall constitute day work fOr 4 labor
er. Second. the statute does not provide thar
the employers and the labOreT may nOg agrer
With each other, As to what time shall conSti
tute a DAY 5 work. = We REGARD th4.
statute chiefly as in the nature of a direcfl0a
from principal 10 his agent that eight hours
Is deemed proper length of time for DAYS
la Dor, and that his contracts shall be based
upon that theory.
The circular mentioned is in perfect haT-
mony with this authoritative exposition of h,
law. Il proposes to contract for labor on the
basis OF eight hours constituting days work,
and herein the direction OF the Statute is fully
cUnfOrmed to, and although it provides for
the allowance of il propOrt j1Tl0te ilcrea>e 0f
wages where the workman elects to labor ten
hours d day instead of eight vet this is not an
q provision must be deemed entirely coll
Sistent to the law, and as the statute, accord
ing 10 the construction OF the Supreme Court
does not assume 10 regulate the price of the
labor, II is to be regarded as made not less ia
the interest nf the empIOye than in that of the
employer. Since this decision was made there
has been full discussion of the subject in the
House OF Representatives and Senate at the
last session of Congress and il was appa-
rently assumed throughout that the effect
OF the decision of the Supreme Court Va
that which L have regarded il to be, and
that II was necessary to pass an additional
act by which II should be provided in some
formal words that the labOrerS in the navy
yards OF the United States should receive for
eight hour WOrk The same pay aS LDOferS Uf
the same class received from other employees
for ten hours work, il such was the intention
OF Congress in passing the section under con
slderatiOn. ISee Congressional Record vol. !.
Nos. los to i33. Ii was ia the power OF Con
greSS If the decision of the Supreme Court WAS
lot in conformity with the actual intent which
1t had IN passing the law to control the matter
by subsequent legislation which should be eX
pcit upon this subject. That however. was
not done.
In direct answer 80 your inquiry, therefore
and in view OF the decision of the supreme
Ccurt, am of opinion that the circular of the
Navy department OF March p. ISIS. is in az
co, dance with section S75S of the Revised
Statutes, which embOdieS what is commonly
known as the 'eight-hOur law
Very respectfully, your Obedent servant
CHAS. DEVENS, Attorney General