The San Francisco call., 1905-06-09
C0OL|E LABOR
TO BE BARRED
Attorney Moody Submits an
Opinion as to Employment
on Panama Canal Zone
EIGHT-HOUR LAW HOLDS
Provisions of the Act Ap-
ply to Men Engaged in
Construction of Waterway

WASHINGTON, June S.-Attorney Gen
eral Moody has written letter to the
Secretary of War giving his views on the
general subject of peonage, which, it is
intended. will assist the executive COM
mittee of the Isthmian Canal Commission
In making it's contracts for the supplying
of labor in digging the canal. to avoid a
condition of involuntary servitude under
the authority Of the United States. The
Attorney General quotes section one of
the thirteenth amendment to the consti-
tuition, which inhibits slavery or involun-
tary servitude. and then says that wher-
ever the jurisdiction of the United States
extends the prohibitions of this article
accompany it. In the course of his dis
cussion of the subject Moody says:
It is stated that the commission proposes to
import Oriental labor uncer contract TO per-
form labor on the canal. The condition Of
such laborers Is not necessarily of invoiun-
tary servitude, but 1t may be, and IN fact
usually is condition of involuntary sefvitude
limited in duration. This clearly shown by
an examination of the relation OF the laborer
10 his employer, which has come to be de-
scribed coolieism in the various parts of the
world where it exists.
After describing by way of illustration
the onerous conditions imposed by the
coolie law prevailing in India, the Attor-
ney General says that he entertains no
doubt that these conditions are those of
involuntary servitude, and in conclusion
says:
In the employment of labor upon the canal
the utmost care should be taken to exclude
the conditions which have been indicated as
those of involuntary servitude or any other
conditions of like effect tendency.
The opinion Of Attorney General Moody
regarding the application of the eight
hour law on the isthmus of Panama was
made public to-day. He holds that the
act of August 1. 1892 which limits and
restricts to eight hours the daily service
of laborers and mechanics employed by
the Government of the United States or
by any contractor or sub-contractor upon
the public works of the United States,
applies to the employment Of laborers
and mechanics in the construction of the
Panama canal.
That act, however, the Attorney Gen
eral holds, does not apply to the office
force of the Isthmian Canal Commission
stationed on the isthmus OF Panama or
to any employees Of the Government who
are not within the ordinary meaning of
the words 'laborers and mechanics" The
scope of the act is not limited by the ter
ritorial jurisdiction of Congress.
In answer to the request of the Secre-
tary of War for an opinion on the addi-
tional question of whether the provisions
of the act mentioned apply to the hours
of labor of mechanics and laborers' en-
ployed in the construction, maintenance
and operation of the Panama railroad
and steamship line. the Attorney General
decides in the negative.
AS to whether the eight-hour law ap-
plies to that class of employees whose
services are necessary before and after
the regular hours of work, such as en-
gineers, who must get UP steam in the
morning before the regular hours begin
and clean the machinery after the days
work is done, the Attorney General says:
1t is believed that giving to the words the
meaning which is ordinarily accepted for them
and having in mind that the act should not be
extended beyond its plain terms, the Commits
sion will have no difficulty in determining In
each case as 1t arises whether the employe Is
Iaborer or mechanic, or whether his duties are
such as to warrant some other designation OF
his employment