The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-08-30

NJ A. McGinley,
City Solicitor.
City Engineer Phillips, who had made
a similar request concerning the men
in his department, received the follow
ing opinion from the city solicitor:
August %, 1897.
Mr.. Joseph p. Phillips, City Engineer.
Dear Sir: In answer to your note OF
the 9th instant inquiring If the men in
your department, assistant engineers,
craughtsmen, clerks, rodmen, chainmen
and inspectors on public works, come
within the provisions Of the Farr act,
approved the 2Gth day of July, 1897, would
say that the act provides, THAT on and
after the passage of this act eight hours
out of the twenty-four of each day shall
make and constitute a legal days work
for mechanics, workmen and laborers in
the employ of the state, or any munich
pal corporation therein or otherwise EN-
gagged on public works"
The only question that need be constd-
cred in replying to your communication
Is whether the men in your department
may be properly termed mechanics,
workmen or iaborers. If they may be,
then the act APPLIES to them and eight
hours would constitute a legal day 3
work: if they may not be so termed,
intended to be reached by this law.
A mechanic is one skilled in the me-
chanical arts or exercising a mechanical
employment; one whose occupation con-
sists in the systematic manipulation and
constructive shaping of materials, wood,
metal, ETC.. artificers, artisans or crafts
men. 1t implies special training and is
therefore inapplicable to unsklled labor
ers though they may be engaged in con-
Structiye work,
A workman is defined as one who works;
one employed in any labor, especially
manual labor. .
A labcrer is one who labors in a toll
some occupation; one regularly employed
at some hard work, often used of one
| who gets livelihood at coarse, manual
labor, as distinguished from an artisan
or professional man. 1t is generally ac-
| cepted that the terms ".aborer" and
| workman" are intended to include only
| such persons as are engaged in manual
occupation.
Engineering is the art of constructing
| and using engines or machines; the art
of executing civil or military works which
require a special knowledge or use Ct
machinery, or the principles of mechan-
| les.
Art Is the combination or modification
| of things to adopt them to a given end
the employment of given means to effec;
! a purpose. 1t is skill dexterity, an es.
pecial facility in performing any opera,
tion, Intellectual or physical, acquired ty
| experience or study. The object of sci
ence is knowledge; the objects of art are
works. In art, truth is the means to al
| end; in science 1t is only the end.
Civil engineering is that branch of en-
| gineering which relates to the construc
ton or care of roads, bridges, railroads
canals, aqueducts, harbors, drainage
|
| come within this classification. Under
the above definitions, may they be desig
mated mechanics" 'workmen" or ia
| borers?" / think not.
| The case of Pennsylvania and Della
ware Railroad company VS.. Leuffer, s.
| Pa 16S contains a similar proposition L
the one under discussion. Leuffer was
civil engineer, and brought suit agains
the company for the value of service:
rendered. The only question involved wa.
whether a civil engineer was labor
er" or workman" within the meannl
of the resolution of January 21, 1913, p
/. 367. Justice Gordon in delivering tn,
opinion of the supreme court, inter ALA
said: 1--WE are to inquire what the Iegis
| lature intended by the use of these words
| In seeking for the legislatures intent W,
must give to the language of the statut,
its common and ordinary sgnifcation
But ordinarily these words cannot be un
derstood as embracing persons engaged IL
the learned professions but rather sucl
as gain their livelihood by manual toll
When we speak of the laboring or work
ing classes, we certainly do not intenC
to include therein persons like civil engi
neers, the value of whose services rest
rather in their scientific than In thei
physical ability. We thereby intend thos
who are engaged not in head. but in han,
work, and who depend upon such hant
work for their living. 1t is true. in on
sense, the engineer Is a laborer; but :,
is the lawyer and the doctor, tho banke
and corporation officer, yet no STATISTICAL
has been known to include them amonl
the laboring classes"
In my opinion the provisions of the ac
of assembly known as the Farr act d.
not apply to the aforementioned person
employed in your department.
Gifted: 12 A. & f.. f., 5S2. Stand. Diet.
Cent. Diet; Revell's Syn; Crabb's Syn.
Brooke's Terms of Art and Science
WhewelD. Yours respectfully,
NJ. A. Mckinley, City Solicitor.
Street Commissioner Dunning, whel
seen concerning the decision, said h
would put the men on eight-hour tim
today, but he will not do anything con
cerning the matter of back pay unit
he receives a more definite reply to hi
request.
The communication he sent to tn
city solicitor was as follows:
Street Commissioners Office.
Scranton, Pa. Aug. II, 1897.
NJ. A. Mckinley, Esq,
City Solicitor.
Scranton, Pa,
Dear sir-Please give me your oplnio
in regard to putting into operation tn
| Earr elght-hour law. making snecinI eX