Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1884-09-10

the bill, by an oversight in the drafting of
it, 1t gave to all parties having claims.
whether mechanics or not, the first lien,
thus reducing the mechanics to a level
with all claimants. Moreover il repealed
in distinct terms a number of mechanics
lien laws already on the statute books.
To make il law was to give the mech
anics doubtful advantage while sacriic-
ing many other real and substantial ad-
vantages,
Conductors and Drivers Bill.
Since the year 1870 the Laws of the
State of New York have declared that
EIGHT hours snail constitute legal days
"work for all classes of mechanics, work
''ingmen and laborers, excepting those
engaged in farm and domesticlabor, but
''overwork for an extra compensation, by
arrangement between laborer and en-
''ployer is hereby permitted" Though
the title and subsequent sections of the
law limited this provision to public works.
its effect has been generally to establish
an eight hour system in the State of New
York. 1t has certainly gone as far in the
accomplishment of this purpose as any
law could by way of recommendation.
Early In the session of 1884 there was
introduced in the Assembly bill in the
following terms:
| SECTION /. On and after the passage of this
act IL shall be unlawful for any officer or agent
OF any railroad corporation in any OF the cities
of this State whose cars are drawn by horses,
to exact from conductors or drivers employed
by them more than twelve hours labor for a
days work. and such corporations shall. out of
said twelve hours labor, allow such conductors
and drivers reasonable time to obtain meals.
| O. Any officer agent of any such corpora
ton who shall violate or otherwise evade the
provisions of this act shall be deemed guilty OF
misdemeanor, punishable by fine OF not TO
| exceed three hundred dollars or imprisonment
not TO exceed six months, both fine and i'm
prisonment for each offense.
So. This act shall take effect Immediately.
This bill passed the Assembly prompt.
ly, but going to the Senate was there ig-
nored until the last day but one of the
session, when it vas at first defeated, but
upon reconsideration. against which
Senator Fassett (Republican) cast the only
night, adopted by bare constitutional
majority of seventeen votes, Senators
Bowen, Davidson, Ellsworth, Esty, Fas
sett, Mccarthy, Otis and Thomas (all Re
i publicans), voting against 1t.
Owing to this delay by the Legislature
/. the bill reached the Governor after tn,
!. final adjournment, when all opportunit!
for an amendment was gone. and whel
q the bill had to be considered upon it
!; merits as piece of legislation. according
n to its actual terms. and not as it nigh
ii have been had more care been taken il
b expressing the wishes of its promoters.
q Unless 1t was effective as law, it woul,
have been worse than useless as a mer
4 recommendation upon the statute books
n for il would have recommended a reduC
j. ion only to twelve hours for a days work
u u while the statute of 1870 had already sc
= up a standard of eight hours. A scrutin
/, of the provisions of the bill will show tina
it would not have been effective as Law
!. and that it would have tended to impai
rather than increase the advisory effect G
the eight hour law of 1870.
Upon a careful consideration of tn
s. terms of this bill, 1t will be perceived ths
s. 1t forbade only one thing-the eraction q
is more than twelve hours labor for day
g. cork from conductors or drivers of Cal
10 drawn by horses.
ID Every one must concede that this woul
" have been construed by the courts as
penal statute. Nothing could be added
its express provisions, nor could they
ne enlarged by implication.
g. Thus construed the bill was meaning
d. less, and would have accomplished not
e- ing as to any case in which it should NJ
n. be shown:
AZ l. That more than twelve hours lab
he had been enacted.
d. 2. That it had been so exacted for
nd ddr's toork.
of 3. That the cars were drawn By hors
CHI A. That the offense was committed
be a city.
od There was in the bill
ito 1. Nothing to prevents voluntary q
re. reement between the parties to wo
no more than twelve hours. thus inviting Ii
ed CATION in each case as to whether t
- work had been "exacted" or voluntari
no rendered.
m 2. No applicability to cases where s
10 vice was rendered not by days wor
but by the trip, the fact being that in
most all cases men are paid by the trip,
practice which would have become u
he versal had the bill become a law.
lte 3. Nothing TO protect the conduct
les of cars drawn by steam or by mules.