The morning times., 1895-09-19

Contractor McVaugh, In charge OF tne
iron work at the Government Printing
Office, hes been hoisted with his OWE
peterd. A warrant was issued for his
arrest yesterday afternoon on the affi
davit Of Mr. William LiIthicum, by advice
of The Times legal bureau, charging him
with violation of the eight hour law, and
he is expected to answer this morning at
O'Clock in the police court.
AT the meeting of the Federation of
Labor on Tuesday evening it was the sense
of that body that legal proceedings should
be taken to test the question in the courts,
as the only way to settle the disagreement
between the men and the contractor
Yesterday afternoon Mr.. Linthicum went
TO The Times bureau of legal advice, where
the affidavit for tue arrest OF Mr.. McVaugh
tice Taylor issued the warrant, which sets
out that Mcyaugh is guilty of violation
of the law relating to the hours OF labor
on public works.
AFFIDAVIT IN THE CASE.
The affidavit of MIR. Linthicum is as fol-
lows:
Personally appeared William Linthi-
cum, who, on cath, teposes and says that
on the 10Th, lIth, 12th. 18th, ard 14,h
days of September, A. d 1895, he was
employed as a mechanic, working as an
iron worker by Frank Ii. McFaugh, the
said McV augh then ard there being sub
contractor, employing, directing, and con-
trolling the services of laborers and ne-
chaniCs engaged upon the construction OF
one of the public works of the United States
to wit: An addition TO the Government
Printing Office, a public building of and
owned by the United States and located in
the District OF Columbia; that said Nc
Waugh being a sub-contractur, as aforesaid,
required this affiant, a mechanic and iron
worker, as aforesaid, employed by the
said AIcV augh upon said public work TO
labor upon the came for more than eight
hours in one calendar Gay as follows:
Within the oaleTdar day of September 10,
1895, twelve hours: within the calendar
day of September 1, 1886, twelve hours;
within the calendar day OF September II,
1895, eleven ard half hours; within the
calendar day of September IA, 1895, ten
hours: that no extraordinary emergency
called for more than eight hours labor from
this affiant within any one of said cal
endar days, and that said sub-contractor
became such by virtue of contracts entered
into subsequent to August l, 1892; that
for such work this aifiant was paid at
the rate of 20 cents per hour for the number
of hours he was so employed"
Lieut. Kelly served the warrant on Mr..
Mcvaugh shortly after O'Clock, yesterday
r...,t - Sfz--b
precinct, where Mr.. McVaugh sent for
Col. John IL Wilson TO go IN his bond.
Mr.. McVaugh was not inclined to talk
at length on his case. Hesaid nat lie ould
prefer to wait until today after ne had
occurred an attorney. He knew nothing OF
the proposed proceedings or 'hc difficulties
in the CAGE until his arrival here yesterday,
a letter informing him of the cacts having
passed him on his way here fE1m Phila
delphia.
MR. McVAUGH'S DEFENSE.
AS TO his def sse Mr. Mcyaugh said he
did not care to anticipate it. lie 1aa;ends.
however, that this case is one of undoubted
emergency and that the working of the
mcn on the building extra hours is a matter
entirely optional with them: that he had
not compelled ANYBODY to work and that
those who did work extra time got extra
pay.
He does not consider the men he had en-
ployed as mechanics in the usual sense OF
the word, but as laborers. He said that the
trouble arose from the demand of some of
the men for twenty five cents an hour in
stead OF the twenty they were getting and
this be could not afford to pay, and that
twenty-five cents was pay for the best men.
The witnesses for the prosecution viii be
Mr.. B. Mcyaugh, who is employed at the
Mr.. j. H. Avery, a reporter on the
Evening Times; Messrs. McNulty and Fitz-
gerald, who have been employed on the
building, and Col. John NJ. Wilson, superin-
tendent OF public buildings.
Col. Wilson's testimony is desired as to
the contract in this case and the question
of emergency.
There appears to be no doubt in the minds
Of the attorneys for the prosecution that
this is case of clear and indisputable
violation of the law. They have informa>
ton, from the nature of the contract, that
Mr.. McVaugh has attempted to contract
himself out of the provisions of the law
and that this claim will be shown to be
ridiculous.
The men, it is claimed, can waive per-
'oDal right, but they cannot waive a law,
hey cannot change crime or misdemeanor
into an innocent proceeding.
The law of August 1, 1892. is an amend
nent to the old law and is more stringent |
and specific in its terms. It win be held |
hat the language of the contract is evidence |
hat there was no intention to get around |
Or violate the law
The prosecution anticipate that the de- |
ense win be that this was Il case of emer-
yeDcy, which they say does not exist, and, |
second, that the contract was operative
1.-THE time the law Of 1892 was enacted.
a serious matter brought to the attention |
If The Times last night, is the fact that the
ron workers on the addition to the q p. O.
lave to walk on eight-inch iron girders
without any flooring below them. The
east misStep would cause them to fan
lowD twelve feet. Col. Wilson, COM
missioner OF public buildings and grounds,
as Official charge OF the construction
nd he is held responsible by the men for
he condition of things prevailing there.
Shortly after l O'Clock this morning Mr..
icVaush succeeded in obtaining bonds
nan in the person of Mr.. j. o. Knox, of the
ieorge w. Knox Express Company Bail
vas fixed by Clerk ]. Y. Potts in the sum
4 $3.50, and McVaugh was released
Raferna n fhn nf-