The Daily Alaska empire., 1938-10-26
The Wage-Hour Law and Mining
CThe Alaska [seattleI weekly)


 There is much speculation throughout the mining industry as to the effect the industry of the Fair Labor Standards Act better known the Wage-Hour Law The act goes into effect October 24 and estab- lshes a minimum wage of 25 cents an hour and a maximum work week of A hours The Alaska mining industry is naturally not pertmbed concerning the minimum hourly wage provided, since wage as low as that set for minimum by the act is unknown to mining in the Territory. It is, however vally inter- esed in the maximum working hours provision, which rigdly enforced in the placer fields, will seriously hamper the operator and spell disaster to the working man who depends upon the placer season of labor to furnish the chief of his income for the year. Of course the law does not prohibit the working of many hours per week may be desired but it does expressly demand that time and one-half must be paid for all hours worked in of A hours per week
 Therein lies a possible "out" for the placer opera who in four to six months must make his invest ment give a return for twelve, and the worker who must make his winter grubstake. simple solution would be to reduce the going hour wage scale suffci ently offset the time and half for the hours in excess of A so as to allow the workers draw the same remuneration for the as at present, while still working the same number of hours as has been customary.
 An interesting question arises in connection with the application of the law to the mining industry It applies only to companies engaged in interstate com merce The word commerce. implies barter and we maintain that the marketing of gold is not commerce. Wherever and however produced in the United States is belongs to the governmentis strictly contraband in the ordinary channels of commerce Of course II by products such as lead and silver produced in the operation the picture different Since this act first passed have maintained that company pro- ducing gold only and selling its entire product to the United States not engaged in interstate commerce.
 That there is a measure of merit in conten- ton is proved by the recent decision of the United States Circuit Court of Appeals in the Labor Relations Beard against the Idaho-Maryland Mining Company. Tn this the court held that company not yet n the producing class, engaged in the production of product sold exclusively to the United States mint or to shelter located within the state not gagged in interstate commerce and that the mere pur chase of supplies manufactured outside the state did not constitute interstate commerce. It is anticipated that this will go to the Supreme Court and if the decision Of the lower court is there upheld mining companies may well be relieved from the handed reguia ton and control being imposed inter- state corporate If it is upheld, the procedure seems reasonably simple for outside mining companies and little more difficult for Alaska companies due the fact that there smeiters in the Territory. The following is procedure suggested by prominent attorney:
 To sell its product within the state either by it to mint smelter, refinery within the state boundaries by selling it fob it's mill plant to a shelter refinery elsewhere.
 2. To buy it's supplies and equipment either from sales agents representing manufacturers outside the state who call upon the mining company, take its order and have the supplies and equipment shipped into the state marked for delivery to the mining pany fob. its plant shipping point; from bona fide established factor commission merchant who has the merchandise in stock obtain it from without the state Use of the mails in ordering supplies from without the state should be avoided by the mining company.