El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-08
violates
OWN LABOR LAW
Attorney General Gives
Opinion On the 81
Hour Law.

An instance in which the state OF
Texas has been compelled to violate
one Of its own laws has been brought
TO light by an opinion Just rendered
by attorney general c. n Cureton at
Austin. in which officials Of the
Southwestern Insane asylum at san
Antonio are exonerated Of blame for
working female employees Of that In
stitution more than nine hours day
and more than "a hours a week.
First notice Of the states violation
Of its own law was taken when Atlee
B. Ayres, president OF the asylum
board, was arrested recently on a
charge Of violating the 81 hour week.
nine hour dav law. His hearing was
set for November 8 in the BeXar
county criminal court at San Antonio.
Cureton's Opinion.
The matter was brought 70 the at
tention Of attorney general Cureton'
VINO later sent a written opinion In
the case TO DR.. Beverly Young, super
intendent OF the asylum, news OF
which reached here this week The
opinion holds the state and not the
asylum management is to blame, and
that sometimes it can't be helped.
1T is unlawful" the opinion reads,
'to cause the female employees OF the
Southwestern Insane asylum TO work
more than nine hours day or :
hours a week, except in cases OF eX-
traOrdinary emergencies but II the
legislature fails to provide a sutfi-
cient number OF employees TO do the
work that must be done in order 70
properly maintain the asylum and 10
properly care for and treat the pa
tients therein. the superintendent Of
the institution viii not be guilty OF
any violation Of the law IL he causes
the female employees OF the institu-
ton TO work more than nine hours a
day or 81 hours a week"
Number Employees Stipulated.
The opinion directs attention TO the
fact that the legislature. in making
its appropriation for the asylum for
the two fiscal years ending August
81, 1913, fixed the number Of employees
TO be used at the asylum also stipu-
lating their salaries.
Dr.. Young stated yesterday that at
the time Mr.. Ayres was indicted for
the violation Of the 81 hour law that
the institution was running short
handed. as IL was impossible to OBJ
tain help at the salaries stipulated
By the state legislature 1t was, he
said. necessary that the employees be
worked overtime
Cureton cites Article 18Th. Vernon S
criminal statutes. 1915, which de-
clares that when female employees are
worked overtime. that they shall be
paid for such time not less than double
time But, the opinion points out, in
this case this cannot be done as the
legislature supulates the exact
amount per month that employees at
the asylum can be paid and the super
intendent has no authority &c pay
them overtime.
Can Exercise No Discretion
The Southwestern Insane asylum.
the opinion reads. IS a state institu-
tion and the superintendent is an
agent Of the state. he has no dis
erection in the operation OF the insti-
tuition, IL states, 10 being his duty TO
operate the Institution in the way and
manner and with the number OF en-
ployes provided by the legislature.
There is a certain amount OF work
connected with this Institution that
must be done" attorney general
Z Cureton's opinion reads, and il the
: legislature has failed TO provide q
sufficient number Of employees TO do
this work and permit the female en-
ployes TO work only nine hours a day
and not more than 50 hours a week
the superintendent has no choice
other than TO have the work done
even though in order to do so he
must cause the female employees @
work more than nine hours a day and
more than 81 hours a week. in do
[ ing so, the law is violated, but Il is
the state Of Texas that violates the
I law and not the superintendent Of
[ the institution, and Of course. he
state OF Texas can be guilty OF no Of
fence against the penal laws OF the
{ state"