The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-12
THE LABOR ORDINANCE
OPINION or CRY ATTORNEY STEW.
AIR upoN IT'S LEGALITY.
The city Has the Right 60 Fis
Wages and Hours III Work I'm
Municipal Contracts.


cess OF incubation to bear fruit.
In order TO report upon The ordincn
from the standpoint Of its legality, Aide
man Sonnen, chairman OF he or1inan
committee asked fer and received the 10
lowing opinion upon the subject from CIV
Attorney Stewart:
Louis Sonncn, Esq, Chairman Ord
nance Committee
Houston, Texas. January 10, 1898.
Sir: In compliance with your request,
handed inc by the city secretary OIL
january. to give my opinion as to the
ordinance submitted by the labor coun-
Gil regulating the hours OF daily ser.
vice OF Iaburers aud mechanics cm-
ploycd on the public works OF the city
OF Houston and fixing the minimum
wages to be paid, beg 10 say: Ar
ticles i52, 1853 and i5i provide that ein-
ployes In the several departments of
the oity, or in the employ OF persons
contracting with the city OF Houston
for the performance OF public work
shall not be required 20 work more than
nine hours.
II must be borne IN mind that the
ordinance submitted refers only to the
public works of the city, anu makes no
attempt to regulate the hours of labor
or wages In contracts between individ-
uals. which clearly the city would have
no right to do.
But If IL Is for the best interest of the
inhabitants of this city that laborers
should only work nine honrs and be
raid proncr weges for such work, l see
no reason why the city has not the
right in such matters to exercise the
same authority rs n private citizen
would.
Mr.. T'Iedman, in his work on Llmita-
tions Of Police Power. standard au-
thority on the subject. makes use of the
following pertinent remarks:
THE State has no right to interfere
In private employment and stirulate
the terms upon which the services are
to no rendered. Ordinarily, this prop
osition would he readily conceded, rar-
iicularly If ore considers Tho question
In its bearings upon its own affairs. \
feeling of Indignation arises within us
at the contemplation of State interior
ence to determine the wages we shall
pay to our domestic servants. But in
so iar as the question is removed from
Its relation to our own affairs, SO that
II becomes less and less influenced ty
our prejudice and self-intsrest. the
contemplation of the social inenuali-
Ties OF life. and the truly hoartless, If
moi Ubiquitous. oppression which is af-
iorded by reason of these Inequalities;
when we ser more and more clearly
each day that the tendency of the
present process OF civilization is 10 con-
centrate social powers into the hands
OF few, who, unless restrained In
some way are able TO dictate terms OF
employment to the masses, who must
either accept them or remain lille. wheu
at best they are barely able to provide
Tor the more pressing wants OF them
selves and families. while their en-
ptoyers are, mt least apparently. accu-
mulating wealth TO an enormous ex-
tent when all this injustice oSists.
or seems to exist the Impulse of a gem
crous nature is to call loudly 'or the
intervention of the law to protect the
poor wage earners from the ggaspiog
cupiuity or the employer. That there
is much suffering among tho working
classos there can be no DOUBT.
quote the above to give tllc policy
Tor such law In cases whore ii Will
be held to be valid.
nc Earned author, however. states
eI,. ~ .hat In regard to public work
sacn regiilations would be valid.
Tho cases | find from NV inyestira.
ZION where the laws regulating hours
OF labor and wages have been hold Ia
De unconstitutional is where regulation
is attempted in n few specified private
concerns, as mining corpora Inns mr.
victories. and the law was held uncon-
sntuuonal because It was partial and
discriminating in it's character. and
coming under the head of wat is de-
Nominated class legislation tBroccville
soa' COMPANY vs.. People. AZ Illincis,
NV state VS.. Loomis rs Missouri
SV'' Ritchie VS.. People. 15i Illinois az,
Low vs.. Refs Printing Company. Al
Nebraska, l2D, Many States, how.
ever, hoid that the legislature can reg
uiate even private concern when II
relates TO business affected with
public interest" Mum VS.. Illinois eT
Illinois. so, affirm. "a United States.
ll3l
Many States have statutory provi-
slons in the nature Of what Is asked for
in the ordinance before YOU. which
have been held constitutional. The
state Of New York, In its act of Juno /
lsa2 proscribes how many hours shall
constitute days labor The Stn,e ~
Massachusetts limits the hours o: labor
Of women and children in manufact,,r.
ing establishments and provides Tor the
manner in which they are to he paid,
and such law has been held u be VAL
I'd. Commonwealth VS.. Hamilton Man
uiaftur;ng Company. 100 Massachusetts
3sS)
The United States government has
provided how many hours shall con-
stitute days labor on government
contracts, and l understand that our
sister city OF Galveston has ,u clrra-
tion similar ordinance
The city already has IN operation an
ordinance requiring a person 10 be A
citizon of this city for w alve months
before he can serve on the police force.
so why has II not the authority 10 also
say to the contractor on public WORKS OF
TINS city you shall only employ Iona
hde citizens OF Houston. who have re-
sided at least six months N the city
OF Houston. provided men VINO are sif
RECENTLY skilled in the particular work
can be obtained here? Our charter
gives the council the right 1, PASS orsii-
nances for the best interest OF the in
nabitants of Our city. and Is " strain
ing the question to saw that the giving
OF employment TO our oNn citizens.
those who. at least, have lived here six
months instead Of 10 nero transient
persons, birds Of passage who are h, re
hday and there tomorrow ~ Would il
not be OF advantage and 20 the interests
OF the Inhabitants OF our city'
Our charter contains nothing tha,
would prohibit the passage OF this or
dinance. On the other hnnd. 1, gives
the city the right to make contracts for
public improvements, and therefore all
Incidental Powers beiongins 10 surh
right take II that rho aii, ,....,S