The sun., 1900-12-15
LABOR LAW KNOCKED OUT.
,,rr.,,ryo RaTr 0P WAGES SIC
1iOy ,N,ONsTITCTIONAL.
App.l,a,. Di,i.ion Of the suprsms Court
usAd. Down Decision In . Test Case
wiz stop for the Present. ~ Least
the Withholding Of Payments 10 City
Contractors Upon Complaint Of Unions.

vii, stop for the Present. 81 Least.
the withhoid,ns Of Payments 70 CITY
Contractor, upon Complaint Of Unions.
The Appellate Division OF the Supreme
Court handed down an important decision
upon the Prevailing Rito OF Wages law yester-
dny afternoon The decision was rendered in
the nandl 'nus proceeding brought uhoer
the title Of the People eI rel William j.
Rodgers Va Bird = Colcr, n Comptroller
Of the city OF New York This IS ono of the
test cases brought by Kellogg 4 Rose upon
a retainer 81 the principal contractors OF the
city to determine the Coustitutlonahty OF
the So-calcd labor law.
Mr. Rodgers had a contract Tor regulating
rud grading i35th street from Amsterdam
avenue TO the Boulevard. calling Tor the
performance OF work amounting to about
ssnunj After La had been proceeding with
the work and had received one or more pay
merits therefor. representatives, OF Inbor
union filed a notice with the CompToHer
TINT the contractor was not paying the pre-
yailins rate Of wages. Thereupon the Comp
trollrr withheld a payment Of about 5000
tAcn due Mr Rodgers for lis alleged non
compliance with that law The contractor
made a motion for a perenptory writ Of
nandamus before Justice Ieventrut. VINO
denied IL. From this order the contractor
appealed to the Appellate Division.
The prevailing opinion Of the court. rem
dered by Justice Ingrn.s holds that the
law 80 far as IL permits the city authorities
to refuse to pay for work after 1t has been
performed upon the ground or charge that
the contractor has not paid the prevailing
rate, Is unconstitutional and void, The
opinion continues:
The contract also provided that It should
= ppln nlaInfin
complies with the provisions OF the Labor
law and unless the wages specified in section
q OF the said Labor law are paid. These
clauses were inserted in pursuance OF the
Labor law and are not for the benefit OF the
contractor. They 'purport to regulate the
actions OF the contractor In performing the
work under the contract, and impose upon
him In the performance Of such work the OBJ
legation to pay his workmen what the con-
tract calls the prevailing rate OF wages. thus
preventing him from making an agreement
with his employees to labor upon the terms
agreed upon between them: In the nature
OF things the contract could not be void ab
natter which could only be ascertained after
work under the contract vas N progress
referred to condition to his receiving the
Tie contract provided that a failure to
comply with these eoyensHnt. H is to MAKE the
III il was the Intention Of the Legislature
to declare the contract void by reason of
violation, of this section OF the Labor Law. so
by operation OF law made the whole contract
nuility and took away te right Of the con-
To- the violation Of the statute or the covenants
In the contract no action would have Icen
bsn 9h. at ,Ta ah
whereby citizen can bring an action 70 avoid
the contract, such an action could only apply
To a contract in force and which had not been
avoided by operation Of law.
The proper officers Of the city have certi-
fed that he has performed the work and that
he Ia entitled 70 the money. That such IN
debtedne-s Of the city was property which
the Legislature had not power to approprinte
aHcmpts to prevent y payment. not because
Of TIE tndGmspIt - oi az GnE G1ngetc court.
The effect OF construction OF tnis act
as IS asked for by counsel for the respondent
tractor kad finished his work and such work
has been accepted by the city. If 1t should
Subsequently appear that the contractor had
u1iI 10 one particular employee less than
was .sunsnluontly ascertained to have been
thr prevailing rate of wages, then his whole
i'ntt II was agreed should be paid is swept
away by force of this provision Of the statute.
o. 'in Inn e stsietmre ' and T do believe fS that
i. ii wa Intended it was in violation of the
Constitution and void
Thi oiinion vas concurred in by Ju tlce'
Chief Justice Van Br,nt and Justice Brien.
without passing upon the constitutionality
oi the law, wrote and concurred In a dis
scnting opinion upon the question as to
Whether the proper rfinedy WtS ny man.
Kellogg & Rose said Of the decision last
"i'nlis is tho most sweeping decision upon
This question that has ~ yet been rendered
bv anv cdurt. II will put an end, as long
M Ter the Labor law, whereby upon the
slightest notice from the walking, delegate
Of any labor union y. mas been Obliged. and
during the past -iy or eight months. THOUSAND is
and hundred. of thousands OF dollars Justly
from the contractors aud many proceedings
are now pending 10 eIforca their payment.
Another branch Of the labor law. namely.
prohibiting the us" G' stone cut outslde OF
,ne border, %I the GitE OF New g"5 1"dk NV beng
Kellogg Yesterday in the Appellate division.
This question was arEued in June. but be-
Who recently ordered a rearsument of the
question, presumably upon the, q 1und that
question Of the consttutionalitv Of that act.
In Nil these proceedings IN" city has been
represented by Assistant Corporation Coun-
Jrltice o'Brcn in the dissenting opinion
saws 1t Is rather a startling doctrine that
a public officer can be compelled nv man
damus to ignore or expressly ovcrrule the
provisions of a statute" The. opinion states
that it is by 10 means clear that ;he Comp,
of 'he court issuing the manda mus. Rodgers
.hoUld y" let' to an action 10 recover the
money alleged 70 be due. where all the issues
could b" thoroughly considered.
The Eccentric Association of Fnrincers
reported Yesterday that IL is having afi inyi',
rrapared in reference TO tho, Prevailing RI"
of ages law, which ~ will submit To the
Conn trollor in q iey DAYS. The ahldavitS
wi, show. II is alleged. that $3.50 a day for
cic't hours is the prev ling rate In the Dock.
Bridge oui Park departmrnts, and the union
VIII r-k th't e. 20 dav be recognized as the
rreydiliu.. rate in all the departments