Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-30
CONTRACTS AND WAGES
Attorney Thomas Opinion Handed to the
y. Commissioner
He Holds That Those OAcials Cannot
Regulnte WagesMR. Blake
Argues to the Contrary.

MI. 3. T. Thomas, the attofuey tor eno
District. today rendered an opinion TO the
Commissioners as to legality OF the propo-
sitfon presented last week by committee
representing the Knights Oh LABOR AND
the Federation Of Labor, suggestfng tnat
hereafter IN making contracts Tor DastHce
buildings the Commissioners insert clause
requiring that the contractors snah pay
their employes the maximum rate OF wages
which prevails in the various trades in
the District. and that they employ onIy
residents of the District Of Columbia.
It was understood at the District build
ing yesterday, as stated in The Star. that
the opinion Of the attorney woulo nold
that the recommendation OF tne ~
under the law, be adopted and put IN rorce
by the Commissioners. The formal OPINION
however. was not received by the commas
sioners until this morning.
The attorney holds that the organic act
providing q permanent form OF govern
ment for the District does not give tne
Commissioners authority to take any sucn
action. He says that the provisions OF .ne
law which require the proposal of tie low
est responsible bidder to be accepted makes
any such move on their part Impossible.
Mr.. Thomas opinion in full. as rendered
by letter of recent date you request
my official opinion upon the Question:
whether in contracts for pubic works YOU
may insert q provision HxhiS ete ii...A.
mum wages to be paid BY contractors anu
also whether you can provide that con
tractors shall employ only residents OF the
District of Columbia.
1.-The fifth section OF the act OF Sonsress'
vidng a permanent form OF government
for this District, commonly called the Or
ganic act provides: 80
THAT hereafter when any repairs -.
streets avenues alleys or sewers Withii
the District of Columbia are to be MADE
or when new pavements are TO De sups.i-
tuted in place of those worn out, new ones
laid or new streets opened, sewers puii. vi ~,
any works, the total cost OF winch $50 -
exceed the sum of $1,000, notice snal De
given in one newspaper In washington, anu
II the total cost shall exceed $"Uo, .neS II.
one newspaper in each OF the e'eles -. t 81.
York, Philadelphia and Baltimore: also ior
one week for proposals, with full specin-
cations as to materials for the wno!e or
any proportion of the works proposed 10 De
done. Co..
land the lowest responsible proposal Tor
the kind and character of pavement or oth-
err work, which the Commissioners shail os
tcrmine upon shall in all cases De accepteu
g Provided, however, that tne In ais
sioners shall have the right In their as
erection to reject all of such proposals.
This langu age exclrd es the idea that the
Commissioners have the right TO Hx the
pay of laborers employed by con.Iae. .H ,,
| or to require contractors to stipuiate tnat
| they will employ only laborers resident IN
| the District. The Commissioners would
have just as much right to require CON
| tractors to obtain their materials from
| specif1ed persons as they would have to fix
| the wages they should pay laborers. or 10
| prescribe that !aborers employ ed oy eheih
| should be residents of the Dtstrict-
| Gas the law stands it is iInmaterial what
wages a contractor pays or whence he OBJ
| tains his labor. The only duty the Com
missioners have is to let the work to the
lowest responsible bidder For these rea-
l tS hot
| should be answered in the negative.
The Commissioners did not care to dis.
| cuss Mr.. Thomas decision today. They
! considered that the statute settled the
| and that the whole question was one out OF
| their jurisdiction. AS affairs stand now. II
| would take some special legislation on the
| Fart of Congress to give them the authority
to say what character of labor shall b.
| employed and what wages given.
| MIR. BInke's Views.
| When MIR. f. NJ. Blake, VINO acted a
| spokesman Of tho committee that repre-
| sented the Federation of Labor before tn
! commissioners. was asked by a Star re
| rorter this morning what he had to sa.
in view of Mr.. Thomas opinion, he replied
II was glad to set, through last night
Star, a notice in advance of what the opin
ion of the attorney would be. as it enables
me to consult several parties who may b
able, before the opinion is accepted by tn
Commissioners, to present Facts and arSu
ments to show that the Commissioner
have the authority to grant our reques;
and as matter of justice and of dut
| should do it,
1T is said the object We seek can be &C
complished through an amendment to tn
| building regulations. and hope to have
| legal opinion to this effect.
1T is our opinion. however, that tn
| Commissioners have ample power. even un
der the organic law quoted by the attol
ney, to insert in contracts clause like tn
one We propose. Certainly the Commits
s!oners have as much right and are a
much bound by duty to protect the publ
against poor workmanship as against poo
material.
'If they knew or believed poor materis
| was to be used in building they woul
certainly neglect their duty If they did nc
impose on the contractor some obligatio
| to use approved materials. If contract
or's bid is so low that it would be imposs
BILE for him to pay the best wages and max
a fair profit the Commissioners know yer
well that it Is the contractors purpose
employ cheap labor, which means poe
workmanship and fraud on the taxpayer
&c. even If the decision is adverse to on
proposition. and it is held that the Commits
sioners have no right to insert such a n
right to reject all bids which they beliey
are based on cheap labor and can give as
reason for such rejection that cheap labc
would not give the public proper building
|
sioners intended to exercise this right a
contractors would base their bids on res
sonable price for labor.
j. YES" repeated Mr.. Blake. ''it Is my opll
ion tina. the organic law not only permi
what we ask. but makes 1t as well the du:
Of the Commissioners to reject all bids s
low as to indicate that they are based O
8 | the employment of cheap labor. as much :
it is their duty to reject bids known or su
pected to be based on the use Of poor m,
teria!s. When bid falls below certa
limit 1t furnishes evidence in itself that IL
public Is to get either poor material or poi
1 | workmanship. or both.
! at Is the opinion of some members of o,
| committee that the national eight-hol
{ law controlling the construction Of hull
/, ings in the District grants to the Cor
rnissioners full power to require contra
a tors to pay the best wages. l regret vel
\ much that the attorney does not seem
y have considered this phase of the subjet
: We will endeavor to convince the Cor
o nissioners, Notwithstanding Mr.. Thoma
opinion, that they have the power to gra
our request. If we fail in that we W
make an effort to have law made tn
| will place the matter beyond question.
TIE THIRD TERM TALK.