The news-democrat. (Providence, R.I.) 1906-1909, 1906-07-21
SATURDAY. JULY 2I, 1906.
NO EIGHT-HOUR DAY.

tended opinion which City Solicitor Baker has
rendered on the question of granting an eight-hour
day to employees, outside the city hall, of the public
works and park departments. Indeed it would
seem that the city solicitor is not wholly satisfied
with it himself for almost at the outset, he remarks,
after pointing to the conflict between decisions in
pther states, that his opinion is entitled to ess
weight than if based upon more settled law"
Briefly summarized Mr.. Baker decides: First,
that the legislature can define and limt,subject 70
certain restrictions the hours labor per day which
can be required of state, city and town employees.
Second, that whether the legislature can estab-
1ish a class in such legislation the employees Of
the city OF Providence alone, or whether it would
have to apply at least to all the cities of the state
pr even to all the cities and towns, would depend
on whether there any reasonable ground for
establishing such public policy for the employees
of the city OF Providence alone.
Third that the city OF Providence has not the
power to establish public policy as to the hours
of labor without regard to the practical existing
conditions as to the labor market and the prevail
ing hours OF labor
Fourth that the city cannot without the au-
thority of the legislature establish an eight-hour
day at the rate of wages as for ten-hour
day and that any taxpayer has sufficient interest
to secure an injunction against any such attempt.
Fifth, that the establishment OF such eight
hour day simply for the employees of the public
works and park departments, outside OF the city
hall, is legally ndefensbe, as it would be neces-
sary to include practically all classes Of city en-
ployes in any such proposed action, with few ex-
ceptions.
Sixth, that the Office of commissioner of public
works and the Offices of the board of park COM
missioners executive and not legislative, and
under their limited power neither would alone have
any authority to establish an eght-hour day with
a ten-hour wage, even at the request Of the city
council.
Seventh that if an eght-hour day with ten
hour wage be legally established 1t must be by
action of the legislature, to which the consent Of
the city council will probably be necessary.
These conclusions of the city solicitor may be
good law, but to the lay mind they appear to be
based upon anything but sound sense. Indeed, the
average citizen will wonder why the simple prop
osition of lessening the hours of labor without re-
ducing the pay of part of the employees Of two
departments under the municipal government
should be regarded as involving the establishment
OF public policy of such wide scope as to affect
every city and town in the state and the possible
infringement not only of the organic law of the
The average citizen never suspected that what
appeared to him simple business proposition
contained possibilities of such tremendous legal
importance as the city solicitor has found in it.
To him the question has nothing whatever
10 do with the establishment OF public policy. but
concerns only the granting of justice to certain
of the city employees in the matter OF the hours Of
labor and wages. Put simply the request for an
eght-hour day without decrease in wages is a
request for a reduction Of twelve hours week in
working time.
The reduction would amount TO twenty per
cent in the working time It's practical effect would
be, II granted, to give the employees twenty per
cent increase in wages.
That is the way the proposition presents itself
to the ordinary and non-professional citizen. who
believes the city council has the right without the
sanction Of the general assembly, and without in
curing the risk of violating the state constitution
and the national constitution, SO to decide
That is to say. the people believe it is wholly
within the power OF the city council as the repre-
sentative OF the taxpayers to say whether or not
the employees, outside the city hall, Of the public
works and park departments shall be granted a
twenty per cent increase in wages.
The question is purely one OF increased ex.
pense and not one of far-reaching public policy