Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-02-24
CALLED BACK. .
The City Council Repeats the Eight
Hour Ordinance.
MIR. HAAS SAYS 1T IS ILLEGAL.
Important Action OF Saturday Nights
Special Council Meeting with
Reference 60 stipulating the Length
OF the Day for Contract Labor,

AS was expected, Saturday nights
special council meeting proved one of tn.
most i'm portsnt that has characterized
the deli,erations of the present municipal
body. Its object was to take definite
action with reference to the condition.
to be in posed upon the contractors who
shall be entrusted with the proposed
paving extensions. As Is known severa
circumstances were filed against the pro
lected Improvements on Second avenue
and on Twentieth street on the GROUND
that the eight-hour ordinance would in
crease The proportionste cost of the
assessment twenty per cent. While the
council, or the majority at least of the
aldermen, were unable to see any foun.
dation for such assertions, there seems Il
have existed in the minds of several Of
the couucilmen favoring the ordinance q
question as TO its legality. and the cit,
attorney having satisfied them that such
an ordinance was unconstitutional they
were no, in favor of burdening the mu-
nicipal code with it. notwithstanding they
would like to have seen il in such shape
that it could be made binding.
Every alderman was present at Satur-
day nights special session except MIR
Scott of the Seventh ward. The mayor
uaa in hio oaat Af,or tha oatl a;rrol
by Aldermen Hampton. Schroeder and
Edwards, had been read, AID. Hampton
in explanation Of the call referred to the
rejecting of all bids for paving at the
last meeting, the agitation that had
arisen over the effect of the eight hour
ordinance upon contemplated paving and
that the committee had arrived at the
conclusion that the eight hour ordinance
was not legal and that it came before the
council FOR further advice and instruction
before advertising for new bids. II the
ordinance was legal in the minds of the
council. the committee desired so to
understand. if not it should not be per.
mitted to interfere with the proposed paw
ing Improvements.
City Attorney Haas was on motion re-
quested % give his opinion as to the lega
bearing Of the ordinance. He said thai
before tie ordinance was passed on the
night OF its presentation he had beer
asked to give his opinion of it, and bs
then stated that he did not think it coul6
be enforced. Since then he had looked
up the law more thoroughly and hst
failed to find an authority showing tina
such an ordinance could be enforced HI
was therefore still of the opinion that hs
had before. 1t was true that the Illinoi!
Legislature passed law in 1867 stipulat,
ing that eight hours might be constituted
days labor under city employment. bu,
there was an important modifying clause
which stated that such law might bt
enforced unless of contract to the con.
trary. The city could not, the city al
torney contended, ignore the modification
or adopt law in effect contrary to the
meaning and intent of the state law. The
eight hour ordinance could not be en-
forced and any attempt to enforce il
would be contrary to the law and of nc
avail.
The section of the statutes applicable
to the case is appended:
ION and after the first day Of NAV
1867, eIglt hours of labor between the
rising and the setting Of the sun, in al
mechanical trades, arts and employments
and other cases of labor and service by
the day, except in farm employments
shall constitute and be legal days work
where there is no special contract oil
agreement to she contrary.
This act shall not apply to or in any
way affect labor or service by the year
month o. week. nor shall any person be
prevented by anything herein contained
for working as many hours overtime. oil
extra hours. as he or she may agree, snC
shall not in sry sense be held to apply to
farm labor"
1t is OF this latter section OF provision
that the city attorney bases his opinion
Aid. Hampton then presented an or
dinance repeating the eight hour ordi
nance.
Aid. Edwards stated that the city at
torney having stated that the eight hou
ordinance was illegal. II should net re
main on the city code. He had failed t,
find q city in the United States or i.
Europe that had attempted to enforc
such an ordinance. The Rock Islam
council bad shown its good will towar
labor in attempting it, but even if tn
action was legal the city had undertake
too much. Nine hours would have bee
a better move if it had been made i
strict harmony with statutory provisions
Eight hours was too big a step, and i
making It, it placed the city at too big
disadvan tage-it was putting the city |
Jeopardy. When the eight hour da
becomes universal. God speed it here.
Mr.. Haas again took the floor on tn
legal status of the ordinance. and state
that il WIS impossible for the city to at
tempt to regulate how long man work
| ing unde contractor with the city sha
work. The city cannot step in betwee
the cont -actor and his employees. tn
eight horr law further gives the propert
holder, who is disposed to oppose i'm
provence ats on any pretence that migi
offer itself. q chance to take sdvantse
OF technical errors and enjoin the city.
| Aid. Schnell favored the repeating {
the ordinance on the ground that Il