Oregon Advisory Opinions May 19, 1943: OAG 43-100 (May 19, 1943)
Collection: Oregon Attorney General Opinions
Docket: OAG 43-100
Date: May 19, 1943
Advisory Opinion Text
OAG 43-100.
State Labor Commissioner.
Dear Sir: You have orally requested my opinion as to whether the provisions of chapter 6, title 112, O. C. L. A., are applicable to persons performing the work of electricians and journeymen electricians in building and equipping a national defense housing project at Hermiston, Oregon. You have advised that the housing development is to be a shelter for civilian employees of the Federal Ammunition Depot.
A similar problem was considered by this office in connection with the state plumbing laws and their applicability to defense housing projects. See Opinions of the Attorney General, 1940-1942, page 498. I there expressed the opinion that the state plumbing laws were inapplicable to such projects and the contractor and his employees while engaged in building such projects.
The applicable federal statutes referred to in that opinion have now been codified as sections 1501 to 1552, Title 42, U. S. C. A. These statutes expressly provide for the housing of civilian workers in defense activities. Since the date of my opinion these federal statutes have been twice amended. See Public Law No. 409, 77th Congress, January 21, 1942 (1 U. S. Code Congressional Service, 1942, p. 10), and Public Law No. 760, 77th Congress, October 26, 1942 (11 U. S. Code Congressional Service, 1942, p. 1703).
The first amendment makes several changes in the federal acts, but I find no changes which apply to the instant problem. This amendment does provide that in selecting workmen for these projects "preference in such employment shall be given to qualified local residents". See section 1549, of 42 U. S. C. A. This, however, is a direction to the Federal Works Administrator (now National Housing Administrator, see Executive Order No. 9070, issued by the President under date February 24, 1942, 2 U. S. Code Congressional Service, 1942, p. 159). and does not in any way make state statutes prescribing qualifications applicable.
The amendments of October 26, 1942, make minor changes in the administration of projects after they are completed.
I find no judicial decisions construing these federal statutes which have been decided since the date of my opinion, except the cases of Johnson v. Morrill, (Cal.) 126 Pac. (2d) 873 (1942), and State ex. rel. v. Corcoran, (Kan.) 128 Pac. (2d) 999 (1942), both of which were concerned with the right of inhabitants of defense housing projects to vote in state elections. Both the California and Kansas courts narrowed their decisions to this point, and held that such persons, if otherwise qualified, were entitled to vote in state elections.
The applicability of state statutes regulating and licensing electricians and journeymen electricians is governed by the identical principles set forth in my opinion of December 18, 1941, above referred to. In accordance with the views therein expressed, I must advise you that the provisions of chapter 6 of Title 112, O. C. L. A., are not applicable to persons engaged in constructing a defense housing project.