Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1914-01-20
THE BRYAN DAILY EAGLE

litical subdivision who employs labor
ers, workmen or mechanics on behalf
of the State, county, municipality or
political subdivision. In fact. the Ian.
guage of the act is broad enough to
make II applicable against he State
itself or the county, municipality or
political subdivision, but since the
State, county, municipality or subdi'
vision can act only through its officers
or agents, the legislative intent is that
the provisions of the act are TO be
made applicable against such Officers
or agents. For instance, If some Of
flcer of the State government were
to employ q laborer, workman or
mechanic on some work of the classes
named in section l on behalf of the
State and should cause such laborer,
workman or mechanic to labor for
more than eight hours in a calendar
day, according to the legislative in
tent he would be subject TO the pen
alties denounced by section . of the
act, or If a county commissioner or
other officer of the county should EN-.
ploy a laborer, workman or mechanic
for the purpose of constructing or re-
pairing a public road or public build.
ing. etc, and should cause him to la
Dor for more than eighth ours in
calendar day, he would be subject to
the penalties denounced by section 3
of the act, according to the legisla-
tive intent. The same would be true
of any officer of a city government or
of any other political subdivision who
should employ a laborer, workman or
mechanic for the purpose of doing
the class of work specified in sec.
tion |.
The penalties denounced by section
3 of the act are applicable as against
ANY person or any officer, agent or
employee of any person, corporation or
association of persons or any officer,
agent or employee of the State. county,
municipality or any legal or political
subdivision of the State, county or
municipality who shall fail or refuse
to comply with the provisions OF this
act, or who shall violate any OF the
provisions of this act
We do not believe that the penalties
denounced by the act can be enforced
against any person or officer for caus.
ing an employee to labor for more than
VAShN WI any pit Nlldl aver Vi
work than that specifically named in
the body of the bill. For instance, the
duties of an engineer or fireman at
municipal light plant, waterworks,
etc, would not be such work as is
embraced within the description con-
tanned in section ! of the act: nor
would the duties of policeman,
Waterman or school teacher fall
within the description of the work
to which the act is applicab BILE, al
though such work might be covered.
and probably would be covered. by the
act if its provisions were as broad as
its purpose is indicated to be by the
canton.
In our opinion the provisions of
section of the act apply alone to
contract work "by or on behalf of
any county. municipality or other le-
gal or political subdivision of the
State BY said section it is made
unlawful for any corporation, person
or association of persons having a
contract with the State or any politi-
cal subdivision thereof to require or
permit any such laborers, workmen.
mechanics or other persons to work
more than eight hours per calendar
day in doing such work
We are of the opinion that the rule
of ejustem must be applied in con-
struction OF this statute and that the
term such work" as used in section
refers to and must be construed TO
mean the kind of work enumerated in
section l. That is to say. the facts
necessary to set the provision OF sec.
ton in operation are % that a per
son, firm or corporation shall have a
contract with the State or political
subdivision of the State to do work:
t2) that the kind of work covered by
the contract is the construction, re.
pair or improvement of buildings.
bridges, roads, highways, streams
levees or other work of a similar
character
The provisions of section are not
applicable where contract work Is
done in the case Of an emergency such
as may arise in times Of war "or in
cases where il may become necessary
to work more than eight hours pc.
calendar day for the protection OF
property. human life or the necessity
of housing inmates of public institu-
tions in cases Of fire or destruction
By the elements" nor are the provi-
sions of thea ct applicable to any work
done by county convicts serving their
sentences as such under law existing
at the time of the enactment OF this
bill.
Yours truly,
Assistant Attorney General.
This opinion has been passed upon
L. - l.