Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-02-10
OMIT STATE PRISON.
Attorney General Says Eight HOu'
LlH DOES MOI Apply.
But "Discr 'iiouary aud Executive"
lmployfs, and Not On
Iublic Works.

The a torney general sen, the follow.
ing communication 10 the Lesiflature
tgdayi
Ladies' and Genlemen-I have before
me Senate Observation-Disclosures Gre
| quusting au opinion from this Oillco las
to he applicability OF section q, article
10, OF the Constitution 10 the employees VI
the alto PRISON.
This section provides "eight hours
shall constitute Il days work ON all
| works or undertaking. carried on or
aided by the $ ate, county, or municipal
governments; and the Legislature shall
pass laws TO provide for sho health and
safety of emplo'es In factories, smeiters
and mines.p
The article OF which this is part
IL entitled Labor" and tho various
| PROVISIONS thereof relate TO this subject
matter.
What was intended by the use of tho
words "works or undertakings" and
"wOrk" becomes important, a. upon tho
| sense IN which these words were used
| by the trainers OF tho Constitution, must
| depend largely the Interpretation or con-
| struction which must be placed upon this
! section. lie. us consider them separately.
| First, as to the words "worls or under
taklngs." DO they mean tho ordinary
! pursuit OF business carried on by ) ae,
county and municipal officers iu the dis
| charge Of official duties in the various
| departments and institutions Of The Slater
| IL so, should all officers and employees OF
| the Sate, county and muniuipai govern
ments be included rs coming within the
| purview OF this section? or do the terms
works or undertakings" as used in this
| section, mean any enterprise OF distant
| Character, as distinguished from the
ordinary pursuits of officers aud en-
| ployos, which are necessary TO the proper
| discharge Of governmental functions,
| such, for Instance, as the erection OF pub
| lie buildings, the construction OF roser-
| voirs for the improvement OF State lands
ar Of roads, canals or harbors and any
other works or undertakings OF
similar character
The question raised by tho resolution is
abstruse. and difficult Of determination.
II il a.question difficult of satisfactory
| investigation, because of n total nbsehce
Of judicial determination OF similar con-
| stiiutional provisions in other states.
! However, after a ~ careful an examina-
ton as have been able to give tho sub
iect, / am inclined TO The opinion that
me later was iu;onded, aud that any
Interpretation or construction which
would include the former would do vio-
lence to the legal sipnihcancB OF these
terms, Under subdivision of section
OF the Same article, we find; "The
Legislature shall prohbi. .
l3) the labor Of cbnvicts outside prison
grounds, except on public works under
the direct control OF Iho Statc.r This
clearly contemplatos that tho State NAV,
aud in all probability wtll, engage in
"works or underiaklngs"- of public
characters thatit will have direct control
OF hem, and eNoep as To such works,
tho labor convic = shall MOI be omploye cd
outside OF the prison grounds.
The phrase hefe used. 'public works.
in my opinion, conveys the meaning as
the phrase used In reo,ion O., supra,
"works or undertakings carried ON or
aided by the Stato,' etc. In oihor words,
II the words public works or Nnder-
takingsv had been used In section q. the
word public" would have conveyed Inc
same meaning u, tho words "carried on
or aided by the aten now convey. 1t
therefore follows, that the public works
alluded TO in subdivision OF section 3
refers to enterprises or undertakings OF a
| business character. such as the Sale NAV
| lawfully engage In with Wow OF adj
vancing Its material interests, or those of
the public, and to provide facilities Tor
maintaining its governmental functions
by the erection OF buildings for tho use
of It's officials, and its various public
Institutions, etc.
This Interpretation is founded, not
| only in reason, but is sustained by we'll
recognized nutnorityl "Public worksu
are defined to be "permauent works or
improvements made for public use or
benefit, As roads, canals aud harbors;
| especially auch AS are made by, or Mt she
expense Of the local or central govern
mont. Standard Dictionary OF the Eng
lish Language. page lii3.
Under this deiuition think Il may
be fair to assume, would properly come
the erection Of public buildings, the Cou-
struction Of reservoirs for the benefit OF
public lands, and o her similar works or
undertakings.
Second, as TO tho meaning Of the word
"work," Webster defines TO be "ton,
| wearsome lnDorN he also defines work
mani to be zone who is employed in
any labor, especially manual labor md
the wold "laboror" zone regularly en-
| ployed az some hard work; ono who gets
his livelihood AT course manual labor as
distingui- he'd from tho artisan or pro-
| fessoual man,
While the broad and common use OF
| the words ''worku and nlaborp very
often includes every effort Of human en-
deavor, from rough manual labor to that
Of tho professional mau, vet that use
| seems loose and nuwarrHnted nuder the
definitions, and If we look To the subject
Of article 10, we find IL designated as
"lahOr' and its object and intent seems
TO be 10 furnish protection 10 the laborer.
"Laborer" is defined TO be zone who
labors in toilsome occupation; one who
| gains livelihood by manual toll; one
| who depends upon hard work. not head
work, for a living" Auderson's Dction-
| airy OF Law.
There are number OF judicial do
| cisiOns in which tho word "laburer" is
| defined, and from which general rule
is deduciblr, that a laborer Is one regu-
,arly employed ut some hard work;
workman; operatives often used OF one
who gets u livlihood nj course manual
labor az distinguished from the artisan
or professional man. Most of those de-
Csiuns hpv0 have arisen upon statutes
giving liens OF proritie5 TO various
classes Of workmon.
Labor" and 'laborern being synony-
nous 20 "w0rkn and workman" it
would seem that articlolG wa. intended to
limit The hours OF toll OF those engaged
in hard work, wenii'omc aud coarse
M uuuT To- I.nV aud A La.V.a. ....l