Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-08-10
Agricultural,
Legal Holidays.

A correspondent inquiries il a farm labor
or, hired by the month or for the season, can
be compelled to work on legal holiday.
There is no statute law in Vermont ostab-
fishing legal holidays except the provision
that the first day Of January the fourth day
Of July, the thirtioth day Of May, the TWEEN.
ty.ffth day Of December, and day appoint
cd by the governor of the state or by the
president OF the United States as q day Of
fasting or thanksgiving, shall for purposes Of
presenting for acceptance or payment and
for protesting and giving notice of the dis
honor of bills OF exchange, drafts, checks
and promssory notes, be considered like
Sunday, and when bill, note, or other con-
tract, whether subject to grace or not, falls
due on Sunday or legal holiday it shall for
every purpose be considered as due on the
next following business day. The absence
of any express enactment in reference to any
other matter than the collection of debts on
the days specified, leaves the question Of
what labor a hired man is bound to perform
on these days in doubt. The use in the
statutes Of the term illegal holiday" might
be construed to imply more than is expressed.
The Indebtedness of the law makes ques-
ton for the courts. In deciding it they
would be governed to great extent by the GUS
tom of the people, which inclines of late to
the full observance of holidays, with the ex.
ception Of Fast, which is a relict Of the days
Of blind religious devotion and is not now
observed according to its original intent by
one in ten thousand. We speak of Fast day
in this connection because the statutes rather
profanely, class it with the legal holidays,
though there is no question about labor on
that day more than on Sunday. We quote
some sensible remarks on this subject from
the N. E. Farmer:
eff laborer on farm, working by the
year or month, at stated rates of wages, re.
fuses to work upon the legal holidays, we
suppose the farmer can neither compel him
to do so, nor make him deduct a proportion
of his wages, on account of having refused
to labor on such legal holidays Yet as farm
work ordinarily includes the feeding of farm
animals morning and night, we have little
doubt that the laborer is as much bound to
perform such necessary work as usually falls
to him on other days, as is the farmers wife
to provide the usual bed and board on such
legal holidays for men she has agreed to
board by the month or year. II such neces
sary work required the whole day for its per
formance, and the laborer worked through
the day, we do not suppose he could claim
extra wages on account of having done such
work. 1t is to be inferred that he understood
the nature of his work when he hired out.
Common usage has much to do in decisions
upon cases of this kind. In most mechanical
work ten hours constitutes days work, but
on farm or a railroad train, where from ne
cessity and common custom longer day is
understood to be required of the laborer, he
can not leave his work at the expiration Of
the tenth hour, simply because among GER
tain trades ten hours is usually considered q
days work. But after all it matters little
what the statute or common laws are as be.
tween employer and laborer on farm, when
yearly contracts are made between parties
who intend to do the fair kind of thing by
each other. An employer who is not over
exacting in requiring constant labor during
rainy weather, or who is willing to give an
occasional holiday on account of a circus or
cattle show, or who will not deduct wages on
account of sick day, will seldom find any
trouble in securing his help on Fourth of
July or other legal holiday, provided there is
work that really requires being done to save
waste or loss. Certain days are holidays to
this extent, that courts do not sit, civil &C
tions are not commenced and debts due are
made payable on the day previous. Custom,
however, requires that the mails shall be car
ried, railroad trains and coaches run, and
many places of business kept open, portions
of the day at least. The legal holidays vary
considerably in the different states January
LIST is holiday in Maine, Vermont and Con.
necticut, but not in the other New England
states. February 22d (Washingtons birth.
day) is a holiday in all of the New England