The Washington herald., 1913-09-05
MeReynolds and the Eight-Hour Law.
Law.

Attorney General McReynolds has
rendered an opinion adverse TO the
eight-hour day applying to work per-
formed under the Federal aid" pro-
vision of the postofice appropriation
bill. This opinion was prepared by
the Department of Justice as a result
of opposition in various States which
eliminated in a trip to Washington by
the Assistant Attorney General of
Minnesota. Other States which re-
fused to cooperate with the Federal
government were South Carolina,
Georgia, Virginia, and Iowa.
The postofice appropriation bill
passed by the last Congress set aside
$4,000 to be expended by the Secre-
tary of Agriculture in cooperation
with the Postmaster General for the
improvement of post roads in several
States. The act provided further that
the local authorities should contribute
also to the road building fund. When
a tentative agreement was submitted
to the Minnesota authorities they
showed opposition because of the eight
hour clause. This opposition was un-
usual because up to this time it had
been customary for the government, in
making contracts with the different
States, TO insist upon the work being
done according to the Federal statutes.
South Carolina also refused to enter
into an agreement with the Depart
ment of Agriculture, objecting to the
eight-hour law as well as to the pro-
vision prohibiting the employment OF
convicts. In Virginia the eight-hour
law met general opposition. Minnesota
objected emphatically and laid the
matter before the Department of JUS
tice, necessitating the rendering of an
opinion by Mr.. McReynolds.
After quoting the provision of the
law appropriating money and directing
its expenditures, tho Attorney General
said:
Taking this provision as a whole, I
think il may be said to authorize the
actual work OF road Improvements con-
templated to be done by the State or
local municipality in which the road
lies and to which it belongs. the
Federal government merely selecting
the road to be improved and, through
the Secretary of Agriculture, super
vising the performance of the work,
the cost OF the same to be betrayed
as provided in the act If this course
be followed. the Federal statutes regu-
lating hours of labor will not apply.
Laborers and mechanics engaged in
such work will not be employed by the
government of the United States, nor
is a road so improved a public work
of the United States within the mean
ing OF the act of August I, 1892.
Attorney General McReynolds gave
it as his opinion that the law extend
ing the eight-hour day to contract
work would not apply in this case. His
argument was that contracts, although
providing that work be done subject to
the provision Of the Secretary Of Agri-
culture, will be made by and on behalf
OF the State authorities, and that the
fact that the United States is furnish
ing large part of the money to pay
for the work, does not mean that the
contract is really in behalf of the
United States.
Apparently this opinion Of the At
torney General settles the matter, and
the eight-hour day is a dead letter as
far as this work is concerned. There
are many, however, who point out that
it was the intent OF Congress in pass
ing the amendment to the eight-hour
law last year, providing the extension
OF the eight-hour day to contract work,
to require all work in which the Fed
eral government is concerned, to be
performed on the eight-hour basis.
Objection has been made to the Nc
Reynolds opinion on the ground that
it carries the doctrine of State rights
too far, and that it intimates that
whenever the State and Federal gov
ernments are cooperating in a piece
of work, Federal practice shall give
way to State practice.
The Imperator might also be called the
Imperyious.