New-York tribune., 1906-08-08
not also diverge in the opposite direction. at the
dictates Of vindictiyeneSs.
SCOPE OF THE EIGHT HOUR LAW

Attorney General Moody's opinion on the
scope of the eight hour law will probably give
offence to some labor unionists who would like
TO make the government an engine for reduc-
ing the hours of labor in private employment
1t u.s. nevertheless, sound and in line with the
past construction of the law accepted even by
the labor leaders themselves, who have hitherto
proposed to amend the law TO introduce the pro-
visions which they have recently desired the
Attorney General TO read into it.
The Federation of Labor complained that the
eight hour law being violated, and the
President quickly responded, directing govern
ment officers to be on the look out for VIOLA
tions In the works which they were inspect
ing. Immediately the question arose as TO what
constituted public works. which contrac-
tors may work their men only eight hours
day. Special interest was concentrated on the
decision whether or not the law applied TO
work done in the construction of naval vessels
in private yards, and TO the manufacture of
shoes and other supplies purchased by the
quartermasters department Of the army. At
torney General Moody reports that the uniform
construction Oc his predecessors has been that
ships are not public works in the meaning Of
the statute. Certainly they are not in the popu-
lar meaning of the term public works, which
carries the idea Of making roads, parks and
sewers and constructing public buildings. More
over since 1892 there have been many bills
introduced extending the eight hour law to all
contracts entered into by the government thus
negativing the construction of the existing law
which would be required to make work like that
on ships in private yards subject to the eight
hour rule
The reason for the distinction is plain. The
contractor for the ordinary public work is en-
plOyed on public property, and generally makes
all his arrangements exclusively for that con-
tract in disassociatiOn from private work. The
shipbuider carries on his contract for the gov
eminent in a plant devoted to other work. 1t
would be difficult to perfect organization
which would allow employment for eight hours
only on the government vessels and longer
hours on vessels being turned out beside them
at the same time. This difficulty is even more
apparent with ordinary supplies. A manufact-
urer undertakes to furnish a thousand pairs of
shoes, which may be only q small part of Il
lot for the general market He may have a
special pattern for cloth or buttons to be fur
niShed the government, though ne makes them
together with his other goods, or they may be
entirely indistinguishable 1t would be practi-
cally impossible to hold him to the eight hour
day unless he conformed to it throughout his
entire factory
The government has no right to force such an
expense upon private business. 1t may prop
erly prescribe the hours on its own work, dis
associated from that for others, which a con-
tractor can take, knowing exactly what he has
to do. The government then pays for the short
day. The enforcement of it on the manufact-
urer who does government work in his own
plant as a mere incident TO his private busi-
ness would place upon him an expense In work
for the general market which the government
would not meet The fair rule therefore, is to
confne the application of the law TO the true
public works TO which it was originally under
stood TO apply.