The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-08-09
STATE BREAKS
IT'S OWN LAW
DECLARES PRESIDENT CASE
OF STATE FEDERATION
GOV. HAY MIGHT TURN HIS
ATTENTION WITH PROFIT
TO STATE INSTITUTIONS.

The great friendship expressed by Gov
ernor Hay for eight hour legislation a
this time because of his candidacy
would lead anyone to believe that non,
of his employees would be permitted tt
work more than eight hours, more espe
cially since the law specifically declare.
it to be the policy of the state chat al
work done for it shall be performed il
work days of eight hours"
| Frequent complaints, however, reacl
officers of the State Federation of mos
| flagrant violations of the law by al
classes of employees, from all of our stat,
institutions, and ask our aid in correc
tion thereof, such complaints always re
questing the Withholding of the name Of
complainant.
These complaints show that employe:
of every state institution are worked
long hours in violation of the state law
Many tell of eight hours actual duty al
the particular calling for which they
were hired and an additional four tc
six hours duty as guard or Waterman
Guards tell of continuous IL -houl
shift without a minute off duty. Fe
male nurses and attendants complain OF
from 13 to IA hours of daily continu'
Gus service. Prisoners are worked in
the iute mill and other places as long
as daylight will permit.
The state itself under Governor Hay,
administration is undoubtedly the most
flagrant violator of its own law.
Employees are told that the law does
not apply to them.
A hairspltting opinion rendered by
Attorney General Tanners office, after
several demands made upon him by the
State Federation of Labor in connection
with the repeated complaints received
says
1T is difficult if not impossible tc
draw the line between labor in which
the physical element is dominant and
labor involving the exercise of the fac
ulties of the mind. 1t would
seem quite clear that those employed in
the state institutions as nurses or at
tendants, guards or foremen, are not
within the provisions of the act"
Such is the administration interpre-
taton of the law which specifically says
1T is a part of the public policy of the
state of Washington that all work by
contract or day labor done for it, oil
any political subdivision created by its
laws, shall be performed in work days
of not more than eight hours each"
The supreme court in passing upon
the same law in its application to team
sters SAYS in the case of Davies VS.. Sc
attle:
"These witnesses (city of Seattle) jus
tify the custom by saying that the ex'
cess time put in by the teamster is not
work but, as they variously term it
'ehoring' or preparing for the days
work. SUCH CONSTRUCTION Is A
PALPABEE EVASION OF THE LAW
The statute is so clear in it:
meaning and so free from ambiguity
that it requires no construction. II
means what it says, viz, as applied tC
the case at bar, that no laborer shall be
required to work more than eight hours
day except in cases of eXtraordinar!
emergency"
1t is apparent to anyone that the Law
is being flagrantly violated by Governo
Hay, under cover of the attorney gen
erals opinion, which is in contradiction
of the supreme court decision.
SO far as we can ascertain from tn
complaints received, the cheapest pai'
labor is that which is worked the lon
hours. Our complainants are working
for from $50 to $50 month and work
ing from 10 to IA hours day a
nurses, attendants, guards, cooks, bak
ers, Mattresses, maids, clerks, ianitor'
carpenters, firemen, farm hands and val
ious other occupations tall brain work
ers under the attorney generals ruling
Governor Hay friend of labor? Nit
CHARLES R. CASE,
President State Federation of Labor.