16-11
Montana Attorney General Opinion 16-11
Length: 481 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 11
Opinion No. 11.
Labor-Eight-Hour Day Law.
HELD: Chapter 8, Laws of the
Extraordinary Session, 1933-34, may
be enforced and is sufficient to sus-
tain a conviction for the violation
thereof.
December 22, 1934.
Mr. C. F. Holt
County Attorney
Great Falls, Montana
In yours of December 19, you state
that the question has been raised as
to Chapter 8 of the Laws of the Extra-
ordinary Session, 1933-34, prescribing
the hours of labor for persons em-
ployed in retail stores; that same is
ambiguous in its language. This ob-
jection is certainly true; there is some
ambiguity in connection with the law.
However, I believe there is no ques-
tion as to the validity of the law and
that same is clearly enforceable.
Sections 3079 and 3080, R. C. M.
1921, fix the hours of labor for state
OPINIONS OF THE ATTORNEY GENERAL
11
and municipal employees and for em-
ployees in mines and smelters. The
same ambiguity exists in those stat-
utes as in the statute you mention.
The validity of the statute was ques-
tioned and upheld by the Supreme
Court of the State of Montana in the
case of State v. Livingston Concrete
Building and Manufacturing Com-
pany, 34 Mont. 570. At page 576 of
that opinion the Supreme Court makes
the following statement:
"The hfstory of labor legisla-
tion makes clear the evil to suppress
which such statutes are enacted. It
is the continuous employment of
workingmen for such length of time
as to imperil their lives or health
that is sought to be avoided, and, in
the interest of the general welfare
of its citizens, the state undertakes
to correct the evil as far as it may;
or it may have been the purpose of
the state to stamp with its approval
the view now entertained by many,
that, all things considered,_ the gen-
eral welfare of workingmen, upon
whom rests a portion of the burdens
of government, will be best sub-
served if labor performed for eight
hours continuously be taken as the
measure of a full day's work; that
the restriction of a day's work to
that number of hours will so far
promote the morality and improve
the physical and intellectual condi-
tion of workingmen as to enable
them better to discharge the duties
of citizenship."
Following this clear exposition of
the purpose of legislation, the court
concluded that the employment of
men in excess of eight hours per day
constituted a violation of the statute
by the employer and that a conviction
under such statute was proper. This
decision was approved in the cases of
State v. Hughes, 38 Mont. 468; and
Melville et al. v. Butte-Balaklava
Copper Co., 47 Mont. 1.
The decisions in these cases would
be determinative of the question
raised and, therefore, the statute
may be enforced and is sufficient to
sustain a conviction for the violation
thereof.