The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-02-11
THE EIGHT-IIOUK LAW
Attorney-GeneraI Bishop Gives
Out an Opinion.
HOW 1T AFFECTS EMPLOYEES
AT THE STATE PRISON.
Mr.. Bishop Holds That They Cannot
Come In Under the Provision of
the Law.


interesting opinion on the eight-houl
law. in which he decides that the state
prison employees can not come in
under the operation of the constitu-
tional provision that eight hours shall
constitute a day on all public works
The opinion is as follows:
Ladies and Gentlemen-I have be-
! fore me senate concurrent resolution
No. 2, requesting an opinion from this
Office rs 20 the applicability of sec
ton 6, article 16, of the constitution to
the employees of the state prison
This section provides EIGHT hours
shall constitute a days work on all
works or undertakings carried on or
aided by the state, county, or munic-
| ipal governments; and the legislature
shall pass laws to provide for the
health and safety of employees in fac
/ tories, shelters and mines"
The article os which this is a part
| is entitled, Labor" and the various
/ provisions thereof relate to this sub
! iect matter.
! What was intended by the use of the
words works or undertakings" and
work" becomes important, as upon
the sense in which these words were
used by the trainers of the constitu-
ton, must depend largely the inter
probation or construction which must
be placed UPON this section. Let US
| consider them separately. First, as to
the words works or undertakings. :"
Do they mean the ordinary pursuits of
business carried on by state, county
and municipal officers in the discharge
of official duties in the various depart
mentS and institutions of the state? If
so, should all officers and employees of
the state, county and municipal gov
l.r,s
the purview of this section? Or do the
terms works or undertakings" as
used in this section, mean any enter
prise of distant character, as diStin-
guished from the ordinary pursuits of
officers and employees, which are nee
essary TO the proper discharge of gov
ernmental functions, such, for instance,
as the erection of public buildings, the
construction of reservoirs for the i'm
provement of state lands or of roads,
canals or harborS, and any other works
or undertakings of a similar character?
The question raised by the resolu-
ton is abStruse. and difficult of deter
mlnatlon- 1t is question difficult of
satisfactory investigation, because of a
total absence Of judicial determination
of similar constitutional provisions in
other states. However, after as careful
an examination as I have been able
TO give the subject, am inclined to the
opinion that the latter was intended
and that any Interpretation or con-
struction which would include the
former would do violence to the legal
significance of these terms Under sub
division Of section of the same
article, we find: THE legislature shall
prohibit : 90 the labor of convicts
outside prison grounds. except on pub
lie works, under the direct control of
the state" This clearly contemplates
that the state may, and in all probable
lty Will. engage in works or under
takings' of a public character; that it
will have direct control of them, and
except as to such works, the labor con-
victs shall not be employed outside of
the prison grounds.
The phrase here used, public works.
in my opinion, conveys the meaning as
the phrase used in section 6, supra,
works or undertakings carried on or
aided by the state" exc. In other
words. if the words public works or
undertakings" had been used in sec
ton 6, the word public" would have
conveyed the same meaning as the
words carried on or aided by the
state" now convey. 1t therefore fol-
lows. that the public works alluded to
in subdivision 8 of section refers TO
enterprises or undertakings of a bust
ness character. such as the state NAV
lawfully engage in with a view of adj
Vancing its material interests, or those
of the public, and to provide facilities
for maintaining its governmental func-
tionS bv the erection of buildings for
the use OF IT'S officials, and it's various
public Institutions. etc.
This Interpretation is founded, not
only in reason, but is sustained by well
authority. Public works
are defined to be permanent works or
improvements made for public use or
benefit, as roads, canals and harbors;
such as are made by, or at
the expense of the local or central gov
eminent" Standard dictionary of the |
English language, page 1443.
Under this definition / think it may
be fair to assume, would properly come !
the erection of public buildings, the |
of reservoirs for the bene-
fit of public lands, and other similar /
works or undertakings.
Second, as to the meaning of the word |
work. Webster defines it to be toll,
wearisome labor" he also defines
workman to be zone who is en-
OlOyed in any labor, especially manual
'egularly employed at some hard work:
One who gets his livelihood at coarse
manual labor as distinguished from the
artisan or professional man."
While the broad and common use of
he words work" and labor very
'ften includes every effort of human
ndedvor, from rough manual labor to
hat of the professional man, yet that
Use seems loose and nuwarranted under
he definitions, and if we look to the
ubject of article 16, we find it desig-
lated as labor" and its object and in
ent seems to be to furnish protection
o the laborer ''Laborer' is defined to
e "one who labors in a toilsome occu-
alton; one who gains a livelihood by
manual toll; one who depends upon
and work, not head work, for a liv-
n.y." Anderson's dictionary of law.
There are a number of judicial de-
isions in which the word 'laborer' is
ehned, and from which general rule
; deducible, that laborer is one
egularly employed at some hard work;
operative: often used of one
Who gets a livelihood at coarse manual
abor as distinguished from the artisan ,
T professional man. Most of these de-
isions have arisen upon statutes giving
ems or Driorities TO various classes of
'orkmen.
Labor and ''laborer' being synony-
nous to work and workman" ii
Tould seem that article 16 was intended
D limit the hours of. toll of those en-
aged in hard work, wearisome and
oarse manual labor, and that keepers
nd guards at state prisons do not
ONE within this definition; they do not
erform manual labor in the sense in
hitch the term is used. While it is
rue that every employment involves
-ork in the broad sense of that term, ,
S in the same broad sense. every effort ,
man in his employment is work, yet
am of opinion that the sense in which
Is used in tins section Of the concti