The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-17
EIcHT.HoUR LABOR LAW
Does Not Include Certain Lsborers
EmploXed BY Year.

a complaint was flied with W. L. A. John
son. State labor Commissioner. that the
city Of Topeka was violating the eight
hour labor law by compelling the hrernsn
and engineer at the City Electric Light
Plant 10 work mere than eight hours a
day. Mr.. Johnson referred the matter
10 Judge ]. S West, assistant attorney
general. and the latter yesterday handed
down a decision holding that tie .aw did
not apply TO the case.
II was found upon investigation that
the city by ordinance prov ided Cor en-
annual salary Of 500 and soc respectively
for these two officers and Judge West
holds that thcy are not 1aborers. me-
chanics and others" who are working for
a certain wage per diem and therefore
do not come under the law. He also
holds that cities OF the first class are au-
thorized 10 prescribe the compensation
OF all it's officers and employees. thus dele
eating the authority to the city council 10
fix annual salaries by appropriation; this
. removes that class OF employees from the
daily wage service.
Labcr Commissioner johnson yesterday
issued a circular calling attention to the
recent decision Of the supreme court hold
ing valid the eight hour law and referring
TO the opinion Of Judge West that the
law does not apply to city employees re-
ceiving an annual salary. In it he says:
1T is especially interesting 70 labor TO
know that not only the eIght-hour phase
OF the law is upheld but that the cur
rent rate per diem feature is also very
clearly shown. This. as we interpret the
law AID the decision. means that ths rate
OF days pay existing IN the locality
where the work Is performed. even though
the current day be q ten-hour day. that
this pay be paid for eight hours on state.
county. city. township and other NUM-
cipal work coming under this law. When
we remember that this law has been on
the statute books for ten years and only
since the enforcement OF labor laws was
made one Of the duties OF the commits
sioner under the new law governing the
bureau OF labor. has any considerable at
tention been paid TO the enforcement Of
this and other labor laws. our working
people will realize the benefits that are
accrulng 10 them by virtue of the present
system OF operation of the bureau OF la
Dor and of the importance OF this de-
cision
~ Slut AtdA VI AiAcc-lFAr i-t-iEAVAA ~
walls about the application OF the eight
hour law u all kinds Of state. county.
city. township and other municipal work.
and some disappointment may be felt in
certain quarters on account OF the law
not covering all classes Of labor employed
by the state. county. city. etc. but the
dividing line under tho eight hour law
seems 10 be between these who are en-
ployed by the day and for an indefinite
term. and those that are employed ~ the
year at an annual salary
However. the large amount OF state.
county and city work that is performed
either by contract or directly on the per
diem system VII come under the eight
hour law and the working men viii secure
the benefit Of a 20 per cent reduction IN
hours and % per cent increase IN paw
for the amount OF work performed and
there will be employed 20 per cent more
men TO perform the same amount or labor
than II employed on the ten-hour system
THE benefits Of this law have been APP
piled during the past two years 70 per-
haps 2.c0 working men throughout the
state. and since the decision has made
the boundaries OF this law clear. Il will
be enforced vigorously by the departir ent
hereafter"