Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-02
ATTORNEY GENERAL M'REY.
Nolps HOLDS IT DOES NOT AP.
PLY TO STATE ROAD WORK.
HOLDS MONEY APPROPRIATED
IS BEING EXPENDED az STATES
Minnesota and Other States Object to
Application to Work Being Done on
Post Roads With Aid Of Federal APP
propriations-auiins Criticised BY
Advocate Of Eight Hour Statute.
Especial Correspondence


Washington. Sept. attorney Gem
eral McReynolds has rendered an
opinion adverse TO the eight-hour day
applying TO work performed under the
! federal aid provision OF the poStof-
tice appropriation bill. This opinion
was prepared by the department of
justice as result OF strong opposi.
ton which developed in various states,
and which eliminated in a personal
trip to Washington made by the as
sistant attorney general Of the state Of
Minnesota. Other states which either
refused 10 cooperate with the federal
government or which strenuously OBJ
jected TO the eiSht-hour law were
South Carolina, Georgia, Virginia and
Iowa.
1t will be remembered thatthe post
Office appropriation bill passed by the
last congress set aside 100000 to be
expended by the secretary of agricul-
ture in cooperation with the postmas-
ter general for the improvement OF
post roads in the several states. The
act provided, further. that the local
authorities should contribute also to
the road building fund.
Minnesota Rebels.
When a tentative agreement was
submitted to the Minnesota authorities
for consideration and signature, they
showed very positive opposition be-
cause Of the eight-hour clause. This
opposition was unusual since up
to this time it had been customary
for the government, III making con-
tracts with the different states. to in
corporate and insist upon the work
being done according to the federal
statutes. South Carolina also refused
to enter into an agreement with the
department OF agriculture, Directing
vigorously to the eight hour law as
well as to the provision prohibiting
the employment OF convicts. In VIZ
gfnia the eight hour law met very
strong opposition. and one county OF
that state maintained that 1t doubted
whether 1t could appropriate It's
funds for use under government super
visions on the term OF the agreement
required with as great advantage to
itself as II 1t should extend the same
sum under its own supervision Win
a ten or eleven hour day. and the en-
n,oyment of convicts'-to use the
language Of q report just made to the
house Of representatives.
Ruling 10 Forced.
Minnesota. however, objected most
emphatically and laid the matter De-
fore the department OF Justice at
washington, thus necessitating the
rendering Of an opinion by Mr. NC
REYNOLDS. This opinion. as has been
stated. was adverse. After quoting the
nroyision of the law appropriat1nS the
money and directing its expenditures
the attorney general said:
"Taking this provision as q wnole'
T think 1t may be said to authorize
the actual work Of road Improvements
contemplated to be done by the state
or local municipality in which the ROAD
lies and TO which It belongs. the 1ea-
orc, government merely selecting the
ROAD 10 be improved and. thru the sec
retary of agriculture. supervising the
performance Of the work. the COZ. VI
the same to be betrayed as prov1oeo IN
the act, II this course be followed. the
federal statutes regulating hours o,
Ia hor viii not apply. Laborers ana
mechanics engaged in such "orA
will not be employed by the govern
mont of the United States, nor ID
road 40 improved a public work Oh
tho United States within the meaning
of the act Of Aug. 1, 1897.
Holds Law Doesn't Apply.
Attorney General McReynolds went
on to give 1t as his opinion tfAe 'ne
law extending the eight-hour oas "
contract work would not apply IN .hi'
o.se uie argument was that the con-
tracts altho providing that the WORK
he done subject to the provision OF
the secretary Of agriculture, Will De
made nv or on behalf Of the state au
thor,ties. and that the fact that the
tinted states is furnishing large
mart of the money to pay for the "orh
does not mean that the CONTRACT Is
rea1lv in behalf or the CIi:ec
Apparently this opinion of the attof-
nev general settles the matter ana the
eight hour day is dead letter as i"1
as this work is concerned.
There are many in washington
however. who are disposed to crltlclse
the attorney general for his rather
narrow Interpretation Of the law. Ines
noint out that it was the intent Oh
congress. in passing the amendment 10
the eight hour law last year, proVlolhs
for the extension Of the eight nour
5.y 70 contract work, to require all
work in which the federal government
,y.. concerned, TO De performed OF
.ha eight hour basis. Objection mas
Noon made to the McReynolds opinion
~ the ground that it carries the doc
tine of state rights too far, and that
:. ,.+nnafes that whenever the state
"a rho federal government are CO.
anar,tin1 In a piece of work, federal
nrac,ice shall give away to state prac-