Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-12
CANNOT INTERFERE.
Assistant Secretary CURTIS Reply to the
Federation of Labor.

Assistant Secretary CURTIS Reply to the
Federation of Labor.
1T DOES NOT APPEAR THAT CONTRACTOR NEELD
HAS VIOLATED THE ALIEN CONTRACT LABOR
LAW IN HIS WORK ON THE NEW POST OFFICE
BUILDING.
Assistant Secretary Curtis has decided that
the charges preferred by the Federation Of
Labor against Mr.. Neeld, the contractor for the
basement Of the new post Office building,
claiming a violation of the eight-hour law, Is
not e case in which the Treasury Department
can act. The subject matter of the whole cor
respondence is contained in the following let
ter, which WAS mailed last night.
Mr.. John p Healy. Chairman of Committee,
Federation of Labor Of the District Of Co.
lumbia, Washington, DC:
Sir: Referring to letter of the LIST instant ad-
dressed to you by tho acting supervising archi-
tect Of this department. and in reply to your
letter OF the 10th instant, have now 10 advise
you as follows:
Your letter of the 10th ultimo stated in effect:
l. That by direction of the Federation of
Labor Of the District of Columbia" you called
attention to the violation, in spirit ct least. of
the eight-hour law by the contractor for the
concrete, stone footings, &c, for the United
States post Office at Washington. D. G.
2. That said Federation of Labor are reliably
informed that said contractor il paying less
than the current rate of wages paid to working
men in this city, and that the current rate Of
wages for the workingmen referred to has for
years been "a per day.
g. That this statement is supported by the
affidavit inclosed in your letter, being that of
Messrs Romano and Martin, setting forth that
they have been employed as stone masons on
said work and have received for their services
So per day.
4. That said Federation of Labor believe
the same to be violation of the said eight
hour law. as it compels reduction of wages on
account Of said law and also works great hard
ship to other bidders for similar contracts who
expect to comply with the spirit of said law.
5. That said Federation of Labor are also
informed that the majority of the workingmen
employed by said contractor are Aliens men
shipped over to this country for the purpose of
displacing American workingmen. but not, as
they believe. for the work embraced in the con-
tract referred to.
6. That said Federation of Labor do not be-
iieve that said state Of afairs is encouraging to
American workingmen or to American citizen
ship.
I. That said Federation of Labor respect
fully urge that it be corrected in SO far as lies
within the power of the Treasury Department
As advised by said letter addressed to you on
the LIST instant, copy of your said letter and
the affidavit inclosed therein were transmitted
10 hT. A. ~ Neelu, Tue contractor, with GER
tain instructions.
Mr.. Neeld was requested to carefully consider
the statements made in your said letter and the
affidavit inclosed therein. and to forward such
statement as he was warranted by existing facts
in making in connection with the provisions Of
his said contract, &c.
Under date OF the Sth instant Mr.. Neeld sub
mitted said statement, from which it is OBJ
served that he claims:
l. In regard to the affidavit Of Messrs. Ro-
mano and Marin, that he has paid rfot only
them but the other workmen as their wages
became due.
2. That he does not interpret the provisions
of the so-called eight-hour law, being act of
Congress approved August 1, 1892. as fixing the
rate of wages to be paid by contractors on pub
lie works.
8. That the information received bv said
Federation of Labor in regard to the majority
of his workmen being aliens is not correct
and to the best of his knowledge he has but
one alien in his employ; that while it is
true that a portion of his workmen are not
natives Of this country, instead of their being
shipped to this country for the purpose of dis
placing American workmen. they have on the
contrary. come to this country for the purpose
of becoming American workmen and American
citizens.
In regard to the allegations made through
you relative to the violation of the so-called
eight-hour law, and the statement made by Mr..
Neeld in reply thereto, have to advise you as
follows
In an opinion recently rendered by the At
torney General in similar case it is stated that
it would be observed from said act Of Congress
approved August l, 1892, that the duty pre-
scribed in the first section Of said act
and the penalty imposed by the second
section Of said act are confined to those per-
sons, whether officers or agents Of the govern
ment or of the District Of Columbia. or con-
tractors or subcontractors. whose duty it is to
employ, direct and control the serv-
ices Of such laborers and mechanics;
that the Secretary Of the Treasury has
no such relation to any of the work
at the quarry or at the building itself; that the
duty to employ, direct or control such labOrers
or mechanics and the penalty for their
wrongful employment is with the contractor
and not with the government or any of
its officers agents; that under the circum-
stances it is clear that the Question submitted
is not one which the department is called upon
to answer, &c.
The department is not aware that any stipu-
lation covenant, or agreement Of the contract,
or that any provision Of law gives to the gov
ernment the right to regulate and control the
rates Of wages that the contractor shall pay to
laborers or mechanics employed by him.
In regard to the allegations made through
you in your said letter, and the statements
made by Mr.. Neeld in his said letter. relative to
the majority Of the workingmen employed by
Mr.. Neeld being aliens, &C., l have to advise
you rs follows:
1t does not appear from evidence which you
have submitted that Mr.. Neeld has in any way
violated the provisions of the so-called alien
contract labor law, which prohibits the i'm
portation Of alien labor under contract,
but does not prohibit contractors
who are citizens Of the United States from
employing foreigners or aliens who have
immigrated to the United States, and espe-
ci,lly those who have immigrated for the pur-
pose of becoming citizens thereof.
In view of the statements made, it does not
appear to be necessary for the department to
take any further action in the matter.
Respectfully yours, W. E. CURTIS,
Assistant Secretary.
DIRECTOR LEECH'S RESIGNATION.