The San Francisco call., 1897-09-17
LABOR unions
ARE AROUSED
Congressman Mcguire Takes
a Hand in the Kelso
Case.
He Will Present Authorities
on the Subject This
Afternoon.
If the Law Is Defective He Will
Move to Have it Amended
in Congress.

Labor organizations in this State are
taking a lively interest i'll the proceedings
in the case of the United States VS.. John
Kelso arrested bv the United States Mar
shal for working his men more than eight
hours per day on the excavation of the
Postofice site.
United States Commissioner Heacock
was to have rendered his decision yester
day afternoon 10 the effect that kelso
could not be held because he was neither
a contractor nor a sub-cOntractor on the
work, the parties being the San Francisco
Bridge Company as the contractor and the
John KeIso Company as the sub-con-
tractor. The opinion would have been to
the effect also that corporation could not
be held or punished for misdemeanor
under the Federal statute, which provides
that officials Of the Government or con-
tractors or sut-contractors are guilty of
misdemeanor and punisha bic by nne OF
$1,000 and imprisonment for six months
when they order or permit their employees
to work more than eight hours per day.
In this. case the John Kelso Com pany
was the sub-contractor, not John kelso
individually.
Harry Saunders, who had been COM
missioned by the San Francisco Labor
Council to look after tn case. appeared
at the office OF United States Attorney
Foote with Congressman Mcguire. The
two held conference with Assistant At
tornev knight, and 1t was decided to re-
quest Commissioner Heacock 10 postpone
the reading of his decision until this after
noon at ? o'clock, at which time Con-
gresham Mcguire and Attorney knight
on behalf of the Government expected to
be able to present several authorities to
49, LoIeo ha Nm ha1 ~
Congressman remarked that he desired TO
place the case in such q position that it
could be appealed TO the United States
Supreme Court. If that court should de-
eide that the law could be deied by Il cor
poration, he would enGeavor to induce
Congress 10 amend it so that it might
catch the officers OF a corporation as we'll
as single individual.
After Mr.. Knight had requested the
postponement Commissioner HeacoCk
granted the request and also allowed both
sides an opportunity to make an argu-
ment and to produce authorities Mr..
knight said that he expected to be able
TO show some authorities bearing upon
the point OF individual liability for cor
porate acts.
How do you get over the proposition"
asked the Commissioner, that the de-
fendant must be shown to be a contractor
or sub-contractor2 We all agree that be
is not the contractor or the sub-contractor
on this work and that he is president of
the John Keso Company, who are the
sub-contractors."
"Is the John Kelso, president of the
company. and the John Kelso. the de-
fendant in this case, one and the same
rerson as a matter OF fact?" asked Mr..
knight.
THE proof is" replied the Commits
sioner, "that the John kelso Company is
a regularly incorporated company OF
which the defendant is the president.
The company + the sub-contractor. John
Kelso, an individ ual, is not contractor
or sub-contractor. The law says that he
must be one or the other"
"If your Honor should hold" said Mr..
Knight, that the officer of a corporation
question of unconstitutionality, because
the law would be special legislation"
Commissioner Heacock said that he
would not go into the constltutlonality of
the statute. lie would leave that for the
higher courts. He reiterated the fact as
to his having grave doubts as to whether
any construction of the statute would
reach the defendants under the facts, it
having been shown that the sUb-contractor
was the John Kelso Company and not
John Keiso, the individual.
1--WE cannot extend the criminal law be-
vond the letter, however much we may
desire to do so,'' he added. "The proof
shows that there was a foreman named
Gallagher, who directed the work, and
that he was in the employment of a cor
poration. Mr.. KeIso was no more the
contractor or the sub-contractor than was
MIR. Gallagher"
The matter was thereupon postponed
until o'clock this afternoon.