The news-democrat. (Providence, R.I.) 1906-1909, 1906-07-21
MUST LOOK TO ASSEMBLY
FOR AN EIGHT-H0UR DAY
(continugd from Page one.)

tCOntlnueQ from rage ODc.l
Joint special committee appointed by
=. Resolution No. S4s. Series OF 1904.
Dear Sirs:
copy Of the resolution passed by the
committee on June 20 1906. which reads
as follows:
and he is hereby requested 10 give this
committee his opinion relative 10 the
pending resolution referred TO this com
mittee with reference TO establishing an
eight day for the employees OF the
department OF public works and OF the
park department engaged In municipal
ent scale OF wages. whether. II said reso.
luton is passed by the city council. said
commissioner OF public works and said
park commissioners would have author
ity under the existing laws TO establish
said eight-hour day accordingly; and IL
not what course could be pursued to le-
Also copy OF the resolution referred
TO in the above resolution, which reads
as follows:
public works and the board OF park COM
missioners be and they hereby are re-
quested TO establish at the present scale
OF wages an eight-hour day for the EN-
ployes or the department OF public works
and OF the park department engaged In
municipal work outside OF the city hall.
A number OF important legal questions
are Involved in the questions contaiped In
your resolution, including questions as 10
the power. OF said commissioner and OF
questions as TO the powers OF the city
council and of the general assembly.
which Questions, understand. have
never been passed upon by the courts OF
this state.
1t Is necessary. therefore. in answer
Ing, such questions. to consider the gen
eral rules OF law relative 10 the inter-
pretation OF statutes, and the limitation
of the powers of public executive officers
and OF the executive and legislative pow.
ers OF the city council. and OF the general
assembly itself. the powers OF which are
limited both by the constitution OF this
state and the constitution OF the United
SOCIAL AND ECONOMIC QUESTION.
The fundamental question here Is the
greatest and most important social and
fore by reason OF the strong division OF
opinion upon the matter and In view OF
the fact that the legislation upon the
subject In other states Is OF comparative
ly recent date and more or less diverse
In both substance and form. there Is
more or less conflict in the decisions Of
the courts OF other states as 10 this So
called Tabor legislation" This opinion
therefore Is entitled TO less weight than
IL based upon more settled law.
From such examination OF authorities
and court decisions as / have been able
20 make, In the time afforded. and from
my consideration OF the principles OF law
wise upon the fundamental questions as
follows:
AS a general proposition OF law. IN my
oplHiOfl' we Btnefd4 assembly mas power
On the exercise OF the police or general
powers OF the state to determine and
limit what number Of hours OF labor per
day shall be required OF the employees OF
the state and its cities and towns pro-
vided the Limitation as To the number OF
hours Is not unreasonable. and IL APP
piled 20 such general, fair class that
no discrimination is made against any
who should come fairly within the class.
The general assembly under the con-
etitution OF this state is restrained by
very few specific constitutional provi-
sions. so that In general its power 10
act, in the exercise OF the general powers
OF the state for the public welfare. seems
limited only to the extent that II cannot
evade the fundamental right OF personal
liberty or the right of property. inherent
IN the people In their individual and also
in their collective capacity.
LEGISIATURE HAS BROAD POWER.
The legislature concededly has most
broad powers over the cities and towns
OF the state. and much broader than over
ordinary corporations or quasi public cor
porations. so that any ju1rcial decisions
as regards labor legislation relative TO
such corporations are not especially In
point.
As TO municipal corporations, In Atkin
VS.. Kansas. 19l u. s. 220-1. the supreme
court OF the United States said: such
corporations are the CTehluIeS-fneTe po-
litical subdivisions-of the state. for the
purpose of exercising a part OF its pow
ers. They may exert only such powers
as are expressly granted to tnem or such
as may be necessarily implied from those
granted What they lawfully do OF a
public character is done under the sane
ton OF the state They are in every es
sential sense only auxiliaries OF the state
for the purpose OF local government
They may be created. or having been
created. their powers may be restricted
or enlarged or altogether withdrawn at
the will OF the legislature; the authority
OF the legislature. when restricting or
Withdrawing such powers, being subject
only 10 the fundamental condition that
the collective and individual rights OF the
people OF the municipality shall not there
by be destroyed"
And also. page 273: 1T belongs TO
the state as the guardian and trustee