The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-11-19
TRE LABOR ORDINANCE
Declared Unconstitutional BY Judge Allen
81 The Criminal Court.
REASONS WHY 1t Is NULL AND VOID
Taken Up ON Hnbeas Corpus ON an
Arrest OF Hip a. Key, Contractors,
Charged with It's violation.

Some weeks ago Hipp & Key, street
paving contractors, were arrested on
charge Of violating what is known as the
labor ordinance, which fixes niue hours
as days work.
They were taken before the recorders
court. but through their counsel they took
the case up on habeas corpus before
Judge A. C. Allen. judge OF the criminal
district court.
Judge Allen has recently decided the
case In favor of the defendants, declaring
the ordinance unconstitutional.
The full text of this ordinance is as fol-
lows:
Art. 452. Hours Fixed as Days Work,
Employees In the several departments Of
the city government shall not be required
to work more than nine hours for each
secular day, and nine hours shall constitute
days work for all laborers, workingmen
and mechanics who may be employed by
or on behalf of the city.
Art f53. To Whom the Preceding Ar
ticle Applies.-The preceding article shall
apply 10 all mechanics, workngmen and
lahorers now or hereafter employed By
che city OF Houston. through its agents or
officers or in the employ Of persons con-
tracing with the city of Houston for the
performance OF public work.
Art i54. Penalty.--Any officer or agent
Of the city, or any person contracting With
the city for the performance OF public
work, who shall openly violate or other
wise evade the provisions of the next two
preceding articles by exactng and re-
quring more hours OF labor for the com
pensatton agreed to be paid per day han
is herein fixed, shall be deemed guilty OF
a misdemeanor and on conviction thereof
be punished by fine OF not less than $50
or exceeding 5000, and each day he shall
SO violate or evade said provisions shall
be deemed a separate offense; provided.
that when necessity exists that the en-
ployer may work his men over nine hours
for extra compensation, by first going to
the mayor and showing the necessity and
obtaining his written permission. which
permission shall state the necessity that
exists for so working over nine hours for
how long the permission s. granted and
state the extra compensation TO be paid
inc employe FOR working over nine hours.
the mayor, however, 10 oe the Judge OF fact
whether the necessity exists or not, and
shall have the right 10 grant or refuse
the permission. as he shall sec proper.
4
The ground upon which the ordinance
was declared unconstitutional was upon
the following contentious submitted by
Mr.. J. NJ. Coleman. counsel for the de-
PENDANTS:
i. That 1t is class legislation and does
not apply alike to all laborers and con-
tractors within the city OF Houston, bu.
merely affects those working for tho city
or contracting with H.
.. II is an infraGtion of the personal
liberty of the citizen to labor such hours
aud for such pay as he chooses, and OF
the contractor to employ labor for such
hours and for such compensation as ne and
his employee may agree upon.
3 H. is against public policy. AS IL
tends to render public works more eXpen-
siye 10 the city by reason OF It's ouerous
terms and therefore heaps additional bur
dsns upon the whole citizenship OF tax
payers for the assumed betterment of the
few
:, Tho charter gives the city no power
20 enact such law and without il the
ordinance Is void.
.. The ordinance is unreasonable and
rot being by virtue of power delegated
by the Legislature, through the charter. Is
void and unenforCible.
g. 1t seeks To make criminal and pun
ishable an act which within itself is legal
and moral and which is not to the deri-
ment of either part or the whole OF the
community.