The morning times., 1895-07-31
Commissioners Not Bound by
Attorney Thomas Opinion.
WILL DO AS THEY DEEM BEST
Their Official Adviser Holds That
They Are Powerless to Fix Scale
of Wages or Insist That Preference
BE Given to District Men-Lawyers
Hold Various Views OH the Subject.

Notwithstanding the adverse opinion
rendered by Attorney Thomas in regard
TO the right of the Commissioners to
insert in contracts for public works q
provision fixing the minimum wages to
be paid by contractors and also direct
ing the employment OF only residents OF
the District, the Commissioners may, and
in all likelihood viii, pursue a course
diametrically opposed to their official
counseloT's way of thinking
This does not end the matter" said
Commissioner Ross. I'VE VIII consider
everything that pertains TO the mater,
and then do what we think best
ATTORNEY THOMAS OPINION.
Attorney Thomas sent his opinion TO the
Commissioners yesterday morning. He be
gan by stating that the fifth section Of the
organic act provides:
When any repairs OF streets, avenues,
alleys or sewers OF the District of Columbia
are to be made, or when new pavementsare
to be su bsjtuted in place OF those worn out ,
new ones laid, or new streets opened
sewers built or any work undertaken, the
total cost OF y hich shah not exceed the sum
or one thousand dollars, notice snail be
given in one newspaper in Washington,
aud II the total cost shall exceed five thou
sand dollars, then in one newspaper in each
OF the cities OF New York, Philadelphia aud
Baltimore, also for one week, for proposals.
with full specifications as to materials
for the whole or any portion of the works
proposed to be done
And the lowest responsible proposal for
the Kind and character OF pavement OF other
work which the Commissioners shall de-
ternine upon shall in ali cases beaccepted.
Provided, however, that the Commits
sioners shall have the right, in their dis
cretion 10 reject all OF such proposals"
CAN'T CONTROL THE con TRACTOR.
This language, says Mr. Thomas,
Excludes the idea that the Commissioners
have the right to fix the pay Of laborers
employed by contractors, or TO require
contractors TO stipulate that they viii en-
p!oy only laborers resident in the District
The Commis sioncrs would have Just
as much right 10 require contractors TO
obtain their material from specified per
sons as they would have to fix the wages
they should pay laborers, or to prescribe
that labOrers employed by them should
be residents Of the District
''As the law stands, it is immaterial what
wages contractor pays or from whence
he obtains his labor. The only duty the
Commissioners have is to let the work to
the lowest responsible bidder For these
reasons my opinion is, both your questions
should be answered in the negative
An effort was made last evening to obtain
the opinions of some leading attorneys
upon the Federation of Labor's request
to the Commissioners to have clause
added to contracts for the construction
OF public buildings requiring preference to
be given TO District labor and the pay
ment of maximum wages. The lateness
of the hour and the fact that many of those
sought Were out Of the city for the night,
prevented general response.
Those interviewed expressed the belief
that the question admits of debate, but
they had not given it a consideration that
would justify an opinion upon its merits