Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-26
THE EIGHT-HOURLAW
Efforts Made to Enforce It in the
District
DEFEATED BY TECHNICALITIES
A Labor Leaders interesting Re-
view of History.
THE PENDING PROSECUTION

The prosecution begun by committee of
the Federation of Labor of contractor en-
gased on the extension of the government
printing office building for the alleged vio-
lation of the eight-hour law has drawn
attention to that law and the charges made
by workingmen that it has not been en-
forced as it should be.
Mr.. Milford Spohn. well-known labor
leader of this city and a member of the
committee referred to, said to Star re-
porter today: "On the 18th of June, 1868,
Congress passed the first national eight
hour law. Though this law remained upon
the statute books for twenty-four years. 1t
was not generally observed, and in not
single instance was a court invoked to COM
pei obedience.
while those who desired the enforcement
of this law were aware Of its general in
fraction, the defective construction of the
law was in the way of a successful prose-
cution. The law. SO called, was simply
mandatory; 1t provided that eight hours
chanics and laborers employed upon gov
eminent work, but it provided no penalty,
and hence was imperative. So the law was
constantly violated with impunity, even by
government officials having charge of public
construct ton.
ITO reach this class of offenders, those
who desired the enforcement of the law
appealed to President Grant, and he, in
1870, issued an order which made the law
operative for while. But in short time
there was general lapse of respect for the
statute. and it was regarded as being more
honored in the breach than in the observ-
arce.
Those who for years had devoted them
selves to the effort to secure shorter hours
OF labor were convinced that the law should
be amended by the enactment of a penalty
clause, and effort was made to secure such
legislation. but without success. An eff
Client law was reQuired-a statute that could
be enforced and made effective.
The Present Law.
After earnest and persistent effort, the
legislative committee Of the Federation Of
Labor Of this District succeeded in having
enacted the following law:
THAT the service and employment of
all laborers and mechanics who are now
or may hereafter be employed by the gov
eminent of the United States, by the Dis
trict OF Columbia or by any contractor or
Subcontractor upon any of the public
works of the United States or of the said
District of Columbia is hereby limited and
restricted to eight hours in any one calen-
dar day, and it shall be unlawful for any
officer OF the United States government or
Of the District of Columbia or any such
contractor or subcontractor whose duty 1t
shall be to employ, direct or control the
services of such laborers or mechanics to
require or permit any such laborers or me
chanics to work more than eight hours in
any calendar day, except in case of extra
ordinary emergency.
THAT any officer or agent of the govern
ment of the United States or of the Dis
trict OF Columbia, or any contractor CT
subcontractor whose duty it shall be to
employ, direct or control any laborer or
mechanic employed upon any of the public
works of the United States or of the Dis
trict of Columbia, who shall Intentionally
violate any provision of this act shall be
deemed guilty of a misdemeanor, and for
each and every such offense shall, upon
conviction, be punished by a fine not 10
exceed S1.COO or by Imprisonment for not
more than six months. or by both such fine
and Imprisonment in the discretion Of the
court having jurisdiction thereof.
The Emergency Clnuse.
This law was approved August 1. 1892
Though not wholly satisfactory to organ
lied labor, it was gladly accepted in lieu
of the old statute. There was, however,
general dsapproval of the clause making
an exception in case of extraordinary
emergency This was regarded as a
venient way of escape for every offender.
This has been the plea in every prose-
cution. and will continue to be until 'ex-
traordinary emergency is legally defined.
Under this law there have been several
attempts made to have alleged offenders
prosecuted in the courts of this District
Former Cases.
About year ago there was reported
to the Federation of Labor a violation of
the law on the works of the Easily Point
sewer. A committee was appointed to as
certain the facts, and, If convinced that
there was a violation of law, to have the
offending contractor prosecuted. The COM
mittee, after much patient inquiry. con-
cluded that they had a good case The
facts were. two engineers were worked
twelve-hour shifts or four hours beyond
the legal day. AS they We're employed
upon District work. it was thought to be
a gross violation of the law. The twelve
hour shifts of the men were so arranged
that one entered upon the work Of his
shift at o'clock in the evening and re-
tired at o'clock the next morning, hav-
ing worked twelve hours continuously.
Here was a clear case, and the committee
devoted much time to the necessary legal
preliminaries. They were preparing to
effectually close the emergency breach.
when legal technicality. being at leisure
and in sympathy with the offender, came
to his assistance. Technically decided
that as the law limited labor to eight
hours in any one calendar day. and as
the calendar day ends at u o'clock mid
night. and as the employe commenced
work at pm, and the day ended at u