The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1869-03-20

city attorney. Mr.. Hale was employed by
the contractors. On the sixth Of this
month it was argued before the Judge and
submitted. Both sides seemed confident Of
success, and towards the latter part Of the
week some Of our timid eight hour men be-
gan to weaken under the bullying influence
Of their opponents.
On Friday many pretty good bets were
offered that the Judge would decide against
inserting the clause in the contracts, but
there were some Of our friends confident
that be would not, so no bets were taken.
To me the law was 20 plain that | could not
see how il could be decided against US, yet
the uncertainty Of legal results are such that
had not faith enough 10 back my judgment
by betting. The contractors proposed TO in
sert a clause that "eight hours shall be
deemed q legal days work"-then they
could evade the law BY hiring men TO
work by the hour. This morning the Judge
delivered his opinion. After quoting the
law, he said
"By the aforesaid Act Of the Legislature, the
hours Of labor are limited on such contracts to
eight hon rs, and IL IL the duty Of the Supern-
tendent 70 insert in the contract clause 10 that
effect-and the only question TO be determined,
il what shall be the language Of such clause.
The statute does not prescribe the language Of
the clause 10 be inserted, but leaves that 20 the
I sound Judgment and discretion Of the officer OF
1 the municipal government making the contract
The intent of the law is that such clause shall
be inserted 10 All such contracts, that the labor
ing man shall reap the benefits Of the Law. That
/ he shall have the substance and not the 81 adOw
| Of this beneficial Act. The clause the petition.
ers contend should be inserted ia the contract
declares that eight hours shall constitute a le.
gal days work. That u what the Law declares
But the law intends more than this. II u Z IaN
passed to abridge the hours Of labor on all such
contracts TO ameliorate the condition of TN
lahorer who works on public improvements. b,
declaring he shall only be required TO wors
eight hours for days work and contract
that would fail to guarantee him such protec
ton, would not meet the requirements of n,
law. This law il to protect the laborer
and declares 70 the contractor on public works
that he shall not require more than eight hours
labor day OF his laborers. IL this Il the mean
ing and construction OF this Law, then which o
the clauses ought 10 be inserted in the contract
Clearly the one that shall compel the contraeto
to comply with the evident intent and spirit o
the law. The clause conIended for bv the So
, perintendent will, because violation of X y
the contractor, viii prevent bis obtaining iron
, the Superintendent an assessment or warran
for the work performed while the clause III
!, manded by the contractor, will not enforce 0
compel hIm to work his labOrers any speci6
hours for a days work. Such clause IN YIN
contract would offer to the lab0rer the Ia,
written Of, but not enjoyed, which ID eontrar
70 the intention OF the lawmakiug power Ur
/, der the second clause the lsbOreIs might q
compelled - work any ngmber Of hours
I, which they woVld consent, and still II would y
$ no breach Of the contract with the cIty an
\ county, because the contract only declares WIN
: shall constitute a days labor NO. II 4 III.
shall see st TO work twelve hours instead
eight IN assisting TO perform such \ c0ntrac
who can take advantage OF such submission
Not the city, because there is no forfeiture
the contract for this breach. Not the pr0pert
: holder, because be was no party to the contrac
Not the individual who has performed he i
Z Dor, because he voluntarily submitted 10 LEV .,
!, action. The law intends to protect the Lahore
0 BY becoming his task-master in measuring o,
e the hours Of his daily toll and the Superintenl
e ent h-s not exceeded his discretionary nov,
J. in refusing to execute the contract in question
' without such clause 70 be inserted a. villa Y
: sure the laborng the benefits OF 4 Il
i passed for his special protec ton Let an ord
! be entered dismissing the petition, and refu
/ ing Use VIII OF man1aInus.
a THIS decision fell like a cold shower bat
4 upon one who expected warm water 10 "a
C upon his bead soon it became known OF,
e the city. Those opposed to the syste
i swore ut q round rate, while the eigbt-hol
|, men were ooDgratulating each other at ever
= corner and wherever they met, Ii NAV b
E this case will be taken TO the Supreu
r Court, where the parties opposing the eigl
y hour men, will, | am confident, fare no be
N ter; the law is too plain to be tortured in
a any other meaning than the one given il Z
2 Judge Sawyer Next week Tie lahore
o will commence work at eight hours per ds
J. and the reform will not 40 back OH
II they enjoy the benefits Of u, The oppsnen
will stand from under, and the eight h0l
II system viii 90 o..
he The Lien law has been tested, and 50 r
y as the circuit courts are concerned, DO is he
AZ 70 he constitutional, and several parti
IA have recovered under its PROVISIONS, DO
!, for labor and materials furnished m
Is stringeHey " the law was TO many pers0
Il very Objectionable, and il was thought
would not stand the test Of the constlluti0
Such for instance as making the contract,
sub contractor, architect, builder or 9th
person having charge" or the work, II
agent Of tine owner for the purpose OF h
act nor AID | certain that this part Of d
~ act has BEEN In controversy. Us stringen,
- however las done one good thing for |,
poor man. That i, Il has prevented 4
K tempts to swindle the workman out Of l
z wages, which of itself was God send
the laborers Of the country.
Before the eight-hour Law men may CO
le graduate themselves upon a complete q
umph 50 far, ana with the same unity
le action and steadiness Of purpose they "
l continue to succeed.
Our lawyers are in a prosperous conc
" ton, and the State Council meets regular
4, every Wednesday night. Every expressi
IN OF opinion against Us is just ike so mu'
10 fuel added TO the great eight hour iii
brighter and brighter burns the fame
reform.
Al In our evening schools we have about 9
r scholars. The teachers are faithful Al
y pupils attentive; much good is resultii
Il from this movement.
= The "White Pine" excitement still /
= creases, and thousands are preparing to
4. there next spring; 1t is no use to 20 the
\. before then, as the snow is too deep 10 pro
r pect the country Those that located CLAIM
4 last fall have done well; have made 70
b tunes by selling out. There Is no dou
O. about the immense wealth waiting there
be dug out, but thousands will be great
B. disappointed.
4 Your obedient servant,
A. NJ. WISH.
N RQnM MAQETANn