The sun., 1900-12-16
FIGUTOVER THELA B0RLAW
OyIy ONE TORFEITi RF CLAUSE
hNOshED orr 80 FAR
80 var ., the Decision Goes fob''e Ton
tract. WAY stlI 10 Forfeited for Fall
p,r to PAY the Prevailing Rate -'ttf
NpncnIs other Pending Attacks On Law


Npncnis other Pending Attacks oH Law
Inc city has appealed FROM 'h" decision 81
tho Lprolla,p Division which declares to be
unconstitutional that clause Of the Labor law
,ha, rroyides for the forfeiture of moneys
s,rnod hv a contractor for public work under
hl. contract II 1t is discovered that he has not
raId the prevailing rat" o' wages The ap-
real will be heard on Jan There Is another
forfeiture clause in the l. bor law--the forfeit
r.e Of the contract Itself by failure 10 pay tho
rreyailIng ratc of waga- This was not before
the court and has not been declared uncon-
stitution1l
The full effect Of the decision Of the appel
lsts Division was discussed yesterday ny
contractors and representatives, " organ
led labor. and 1t was generally agreed that
tho contractors had won a great victory.
Ever since the Prevailing Rate OF Wages law
was enacted contractors on city work have
been annoy ed and in many cases put to great
inconvenience by the holding up oil money
due on their contracts by tho Comptroller
in consequence Of complaints made by work
ingmen. walking delegates and labor unions
that the law was being violated IN the pay
ment Of employ cc,
Tho effect of the decision OF the Appellate
Division is that any contractor or sub-con-
tractor on municipal work may, SO far as
concerns payment 10y the city to lin FOR
work done 20 into the market and hire labor
for whatever hs can get IL for rega cless
OF tie prevailing rate. and that II he paws
less than the prevailing rate" the city au-
tnoritic- will not be permitted TO withhold
payments on his contract from him for that
rea,ou
TIE decision promises to be- of importance
TO t." contractors for the subway RAPID
tn, Ncre calculated on the basis oi the pre-
Vutllus rate of wages. lf tho ,uitractors can
gc. their labor cheaper they VIII 6e able to
The decisirr " eject on labor employed
by the city ect r witch the lrcval.hs
rate must toe I.. The result may be mat
side with contractors employees. Will re-
ceive considerably higher wages Tor the anne
t. Lahin Kellogg Of kellogg 4 Rosfee. who
secured the decision for William ! Rogers
pal contractors in the city and he has several
other cases pending. all OF " hich attack the
Labor law. Mir. Kellogg explained the effect
reporter yesterday In which he said:
tThis decision Affects all contracts mace
Il nnconstltHtionai and void wherein it per-
mits the city 20 refuse to pay to contractors
rate Of wages the moneys to which they
would otherwise he entitled. In this case
Rodgers
sewer contract u entitle him 20 several pay
meuts thereunder. In July. 1900. there be-
came due TO him about 5000 for work actually
performed, The labor uni1n1 charged Mr,
Rodgers with violating the Labor law in not
paying the prevailing rate. He admitted
the violation and set up tAat she eSs Ss for una
mandamus to compel the city to pay him
what was due. ~ -,.
man or mechanic in the employ OF tie con-
tractor. sub-coutractor, or other person dong
or contracting TO do the whole OF part OF the
work contemplated 10y the contract tmnni,,
cpal contract shall be permitted or REQUIRED
to work more than :shi hours woga. IN any one Bs
paid for n legal days work shall not be less
ihan the prevailing rate for days work
Each contract for public w9rk nsreaiter
shall be void and OF no effect unless the person
or corporation MAKING or performing ,h the
not. and no such person or CORPORATION shall
be entitled to receive any sum. nor shan
any off1cer, agent or empi9yre OF ne ne STATE STATE
or authorize IT, payment from the funds
under his charge or control 70 any such person
or CORPORATION for work done upon any con-
tract which in its form or manner OF perform-
auce violates the provisions of this section.
There is further provision as follows:
Any officer agent or employee of this State
or n municipal corpornu"n therein having
duty to act in tho premises who violates
or evasion of any OF the provisions Of this az
shall be- guilty Of malteaslnGe ~ ofhcs and
shall be suspended or removed by the authority
having power TO appoint or remove such
officer, agent or employee, otherwise by the
Governor
Under the provisions Of this act the Comp
rroll"r fearing undoubtedly the effect Of the
s'g'ut" and that he might be held g'iltN "f
mullrasancc. drclined 10 pay Mr. Rodger-.
prevented the payment by the Comptroller
Of money earned under a contract whrr"
plvment Of the prevailing rate II is uncon;,
sritutional and void The city is Obliged