The labor advocate. [volume] (Cincinnati, Ohio) 1912-1937, 1917-05-05

Sec. zoos provides for ten hours a
day on Saturday. Sec. 1896 contains
no provision in reference to Saturday.
Hence, the provisions of Sec. zoos would
be effective as to occupations therein
mentioned.
Sec. zoos contains no provision in ref
erence to the time at which girls may
begin work and the time at which they
must quit work. Hence, the provisions
of Sec. 1896, that girls shall not begin
before six O'Clock or work after ten
o'clock, will hold as to occupations men
toned in the section to which this sec
ton refers, namely, Sec. 1898.
There is no provision in Sec. 1908 in
reference to the time spent in different
employments being considered as a
whole. Hence, the provision made in
Sec. 1896, in reference to this matter,
will apply to those provisions set out in
said Sec 12993
There is no provision made in Sec
1898, to which Sec. 1906 refers, as to
canneries and establishments preparing
perishable goods. Hence, the provisions
of Sec. zoos in reference to this subject
will be effective.
Now, after this elimination, what is
the answer to the question above set out
namely:
How many hours per day and how
many hours per week may girls between
the ages of eighteen and twenty-one
years be employed in those occupations
which are mentioned in both of the
above sections?
Before Sec. 1908 was amended in
House Bill No. 327, the provisions of
the two sections in reference to hours
of employment were similar. Hence,
there was no difficulty in reference to
this matter. But the question now is,
which one will control as to the hours
per week and hours per day during
which a girl over eighteen years of age
and under twenty-one years of age may
be employed? Will it be fifty hours a
week, under Sec. 1908, or will it be fifty
four hours week under Sec. 1896 !?
Will it be nine hours day under Sec.
1908, or will it be ten hours day under
Sec. 1896?
1t is my opinion that inasmuch as Sec.
zoos, as amended, contains the last eX
preston of the legislature in reference
to this matter, the provisions of Sec.
zoos will control in these two matters,
and that girl under twenty-one and
over eighteen years of age may not be
employed for longer period than fifty
hours a week or nine hours day, and
that in so far as there is conflict in the
provisions of these two sections, the pro-
visions of Sec. zoos repeal by implica-
ton the provisions of Sec. 1896 g. c.
In fact, it is my opinion that we need
not resort to the principle of repeal by
implication to arrive at this same con-
clusion Sec. 1896 provides merely that
no girl under twentyone years OF age
shall be employed for more than fifty
four hours in any week, nor more than
ten hours in any one day. 1t provides
simply mot more" but it may be less
Hence, when Sec zoos provides that
girls over eighteen years shall not be
employed more than fifty hours in any
week or more than nine hours in any
day, there is really no conflict between
these provisions and the provisions of
Sec. 1896. Therefore, girl under
twenty-one and over eighteen can not be
ed in each section more than nine hours
in any day, except Saturday, and not
more than fifty hours in any week.
While this is not an official opinion,
vet | have given the matter careful con-
sideration and feel that the above rea-
soning is therefore entitled to some
weight.
Hoping this reply will to some extent
help you, and those in whom you are in
terested out of somewhat embarrass-
ing situation, ! remain,
Very truly yours,
JOSEPH McGHEE,
Attorpay General