The record-union., 1899-05-30
A CONTESTED PROVISION.
CORPORATION COUNSEL Ex-
PRESSES HIS OPINION.
Clause in Lighting Contract That
Electrical Workers Union Must
be Employed Is Not Legal.

AT the meeting Of the Board of Trus-
tees last night the matter OF street
lighting was taken up and the specln-
cations on which bids will be received
We're read by Clerk Desmond. They
include an all-night schedule ana
moonlight schedule, and the furnlsnlng
of power to the city. 1t also included
a clause prohibiting contractors from
employing any but Electrical Union
labor in wiring.
The latter portion was stricken out,
Trustee Paine stating that the city
could not erect poles and wires this
year.
Mr.. Hatfield said the clause providing
that none but members of the Elec-
trical Workers Union should be em-
ployed by the contractor was contrary
to the decisions of the Supreme Court
ARD to the Constitutions of the United
States and the State. There is no law
that can grant any such power. Ihe
board has no more right to say that
the contractor shall employ only mem
bers of a certain union than 1t mas 10
compel members Of that union TO
work for the contractor. No such con-
tract could be enforced and if it could
be enforced it would result in slavery.
No one can be compelled under the law
to render personal service. Such
contract would only result in litigation
and discredit to the city. The PROPOSE
tion to compel the employment of a
class of men who had a right to fix
their own price for work would compel
the bidder to set such price on his
h in o,ln, TO n
that the city would be a loser by not
getting low bids. The principle, if car
ried out, would be death blow to
laboring interests, as resulting in hold
ing men to labor for others against their
will. He was not opposing union labor,
but this is an independent union. 1t
would place the city at the mercy of the
Electrical Workers Union and not in
the control of the Board of Trustees.
ElWood Bruner, for the union, said
that If the company represented by Mr..
Hatfield took the contract with the pro-
vision contested he would take
contract to see it enforced. He would
as soon trust the Electrical Workers
Union as to trust the corporation rep
resented by Mr. Hatfield, or any other
corporation. If the corporations OBJ
ject, it is because they are looking for
cheap labor, he said. He asked the
board to put the. clause into the con-
tract.
W. B. Munzie said there had been
three men killed within the past year,
a larger percentage than in San
Francisco. There have been large
number of men injured and it was the
fault of the company.
Mr.. Hatfield defied Messrs. Bruner
and Munzie to- cite a single instance
where death or accident had resulted
from defective Electrical work
Corporation Counsel Devine said he
had given the matter considerable
thought since it was referred to him.
When Trustee Paine spoke to him first
about it, he was of the opinion that
this clause, if inserted could not be
enforced. He believed it. was an in
fringement by one class of labor against
all other classesj that it was an in
fringement on the rights Of private in
dividuals entering into contracts with
the city, and that it was against pub
lie policy and therefore illegal. It is
preventive of competition and does not
serve the city in any respect. He was
been at first The electrical workers
had presented there case clearly to him,
but he told them what he thought and
that the question was between them
and the company. All the interest the
city has in the matter is that its light
ing shall be done. as contracted for.
Mr.. Bruner said that the legal ques-
ton raised by the Corporation Counsel
has never been passed upon in this
State, and he stuck to his opinion. The
trend of recent decisions is in the di-
rection of such restriction and he
thought it would ultimately come to
that pass. If the threat is made that
no company will bid on such terms, he
would never rest until this city has mu-
nicipal lighting.
The matter was laid over till Thurs
day evening. when the board will meet
to consider it,
Sweet, refreshing sleep is given by