Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-28
HE UPHELD THE LAW
Judge Miller's Decision in the Nc
Waugh Violation Case.
EXCUSED by TIE SERIOUS EMERGENCY
The Court Advises Grand Jury
Action on the Printing Office.
ABOR MEN PLEAS SEQ

In the Police Court yesterday, after The
Stars report closed in the hearing of Frank
NJ. McVaugh, charged with an alleged vio-
lation of the eght-hour law, the court
heard additional testimony, and disposed of
the case, not, however, forgetting the show
ing made by Lieut.. SeweN, the engineer In
charge of the construction. When Prose-
cutor Mullowny announced that he had
closed his case, Lawyer Gies, for Superin-
tendent Frank NJ. McVaugh, called Lieut..
Sewell as his witness, and questioned him
about the work. He repeated his state
ments concerning the danger to the lives of
the 2,7OO persons who are employed In the
building
In answer to counseps inquiry, witness
said that the defendant In his opinion, had
at all times as many, men employed as
could be advantageously worked. He
thought the defendant had done his part in
the matter with the amount Of material he
had on hand.
Benjamin McVaugh testified that he had
been employed on the building. and he knew
that his brother had done the best he could
on the work. Witness said he had tried to
get two shifts of men on short hours, but
had failed.
Mr.. King. who is overseer on the work.
testined that he had endeavored to get two
menced, but failed. He also said that the
defendant had worked on the building as
many men as he could work to advantage.
This closed the case SO far as the evil
dence was concerned, and counsel proceeded
with the argument
The Argument of the Defense.
Mr.. Giles, for the defense, made the open
ing argument, and he said that the govern
ment had failed to make out case in any
particular. Under the law, the persons
liable are an officer of the United States,
an officer of the District, a contractor or a
subccntractor. The proof, he argued, show
ed that the defendant was there merely
as superintendent for the Phoenix Iron
Company. Independent of this, argued
counsel, an extraordinary emergency. about
which there can be no doubt, had been
shown, ard, even if the court should hold
his client to come within the other pro-
visions, he certainly would be entitled to
an acquittal because of the extraordinary
emergency as provided by the law. That
there was such an emergency no one could
doubt, for the engineer in charge had eX-
pressed himself in most positive terms,
and he was the one above all others who
should know.
Counsel called the courts attention to
that part of Lieut.. Sewelrs testimony in
which he said he would not like to be held
responsible for the building if the work was
greatly delayed, and, in conclusion, said he
would leave that question for the court to
determine, and he felt certain that the
court could rot do other than hold that
the extraordinary emergency existed.
Mr.. Mullowny, the prosecutor. in opening
his remarks. said that the defendant was
certainly su5con tractor within the mean
ing of the law, and he thought the only
question for the court to settle. was. " heth-'.
err or not there was an emergency, such as
Is provided for by law. He argued that
there was no such an emergency, and said
he saw no reason why the masonry work
on the building could not be done while the
iron work was in progress. The law, he
argued was designed to protect the labor
ing men from the grasp of money seeking
contractors, and he thought the testimony
had shown a clear violation of it. He re-
ferred to the agreement made with the mel
concerning the waiyins of their rights I'M
der the eight hour law, and said he thought
this was conclusive evidence of interest on
part of the defendant.
Judge Miller Praises the Law.
Judge Miller then took turn at the case,
and during his remarks did not forget to
speak of the great darger to the 2, 100 per-
sons in the printing Office, and upon this
hinged the courts decision.
I'm this case" said the court, II take the
statute in its broadcast sense. The law ap-
plies to officers of the government, both of
the United States and of the District, as
well as to contractors and subcontractors,
and 1t applies to all alike. There is no
question about the wisdom of the law, and
it is ample to cover the ground. 1t is
law that no man can. violate with i'm
purity u
Judge Miller then referred to the. terms
Of the law, as published in yesterdays
Star, and said it was his duty to decide first
whether or not Mr. McVaugh is a con-
tractor or subcontractor, stated by the
law and alleged in the information. The
proof. the court said, showed to his salts
faction that he was subcontractor. and
mentioned the fact Of his defendant's)
brothers connection with the work.
Finding that he comes within this pro-
vision Of the law" said the judge, .ft is
my duty to pass Upon the other part of the
case, and find whether or not there was an
extraordinary emergency existing at tho
time of the alleged violation Of law. The
orly places where such an emergency could
exist are where there is danger Of a ca
tas trophe or the eXigencies of the govern
ment service. 1t is true that the work on
the building was rot commenced as early
as possible. but the fault of the iron com
pany certainly cannot be charged against
this defendant. Lieut.. Sewell, in his testi-
me ny, says that the building Is unsafe, and
that the insecurity increases from day to
day.
The Grand Jury Should Know 1t.
This certainly presents an emergency of
the gravest kind, and one which certainly
Should be remedied as soon as possible"
the judge continued. 1.-The proof shows
that the lives of 200 persons are con-
stantly in danger, and certainly this is an
emergency. 1t is a horrible condition of
affairs, and If I were the learned district
attorney should, in view of the showing
made, present the matter to the grand jury
at an early day"
Commenting further on what had been
shown, the court spoke of the testimony of
Lieut.. Sewell, in which he stated that he
had advised Mr.. McVaugh of the danger
and Of the emergency. Acting on this ad-
vice. Mr.. McVaugh had worked his men
over hours. He may have been remiss In
expediting his work, but that is not now a
question before the court.
The Defendant Discharged.
Judge Miller referred to the Ford's Thea
ter accident, and said he could not do any