New-York tribune., 1878-07-10

4 ConMOs FINsF iNtiRlhtfAtIuN, BASED IN
sirRraH C0uaT pr,isioS-tnE pEaA"O1ut
VIrw SOT susrAiNED
tatsrn,I raess risr,rcitl
Wa.m~oToSs July o. Attorney -Henefal DcVeus
has Given an opinion upon the Iight ilonf lac.
under dais ~ July y Ne saysi
Toe pfo,ist,ns u ihis ssgilon lcemmonll tnown as
ihe fshiiiD las p asfo tets dlssnfsfd hsfels sni
gsFsia ,ss' 'h ss'g s,s,s. ,.', sss.. =. as9,,'
dgsiged darng ,'eoh'f term irIe isse 'H'" ""'
~ d.NfI..u n fIf VIDA a Is ~ TT hHp tuAfilN
lion and ,n,ci of the qus silon 3. bindngu
the executive department, and CONTROLS s1 ,.auoh
and the mechanics iabofers whom they empioy " ~
therefore o b, ssccitsncd whether ei not the .turi
In question: Uhai isfacd by The Navy Drparncnil IL 10
conformity win the section ~ CONSTRUED y lhs oout
In 'Fe ease named. the Court after ohsefn. that the
seeta "was q direction ~ Congress a. The ofhcers aud
agents ot the tniird stalos, establishing ihe principle
a. be nbscfycd ~ tue labor Of those rngaFtd IN ~
wee holds mat y cng mssefncs ,s ~ a,s,@i
witch shall amount to dais wors wne. % 20 sP',,a a
aJresmt ts made mon ne subject and thsi " u'ss n"
fornd the making ~ contracts nxiug dintcnt engih
"Tnere arr several thnss." the Court adds " which
20 notice flrst u does not establish the rre 10 be
paid ura days work. u does Dot specify any
nor that tho price shsi be when the hours are
greater less when the hours are fever ~ u silent
eight hours fhall constitute days work for n
aborcr. second, the statute dors not provide
agree with each other US to what time
shall constitute DAYS work. We regard the
~
principal To his agent, that eight hours u deemed
proper length OF time for days labor ana that his con
tracts shall De based upon that theory"
The circular mentioned IL IN perfect harmony WIN
the authoritative exposition OF the law. II proposes TO
contract the basis of eight hours eoDsutut
Ing days work, and herein the direction of he statute
Is fully conformed to: aud although u provides Tor the
allowance OF propOrtionate increase OF wages where
the workman elects 20 labor ten hours day Instead ~
eight yet tls Is not ~ variance with the law On the
contrary such provision must he deemed entirely con
sistent law and the statute, according 10 the
construction Of the Supreme Court, does not assume 10
regulate the price Of the labor to be regarded as
IN the interest of the empoyc than that or
the employer Since this decision made there has
been full discussion OF the subject Ia the House Of Rep
resentatives and the Senate the last session o Cot
gress apparently assumed throughout that the
effect OF tho decision of the supreme Court was that
which have regarded Il 10 be- and that was necessary
pass additional act by which IL should be provided
In some formal words that the aoorers iu the Navy
Yards Of the United States should receive for eight hours
work the pay aborers Of the class received
from employers for hours work. such was
the telton oil Congress la passing the section under
consideration tsee Congressional Record Vol Nos 100
to 133, 1t the power OF Congress, II the decision
of the Supreme Court was not In conformity with the
intent which II had In passing the law to control
the pater by subsequent legislation, which should be
explicit upon this subject That. however, was not done