New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-09
NAY BE A DEAD LETTER.
PREVAILING RATE OF WAGES LAW SAID
TO HAVE BEEN REPEALED.
WHALEN DECLARES IT IS STILL IN FORCE
THE CONTROLLER TO MAKE
AN INVESTIGATION.

A report was published in THE Brooklyn
Eagle" last evening to the effect that the pre-
vailing rate of wages law, under which claims
for back pay to the amount Of nearly 81. OOO,OOO
have been filed by city employees. had been
pealed on May u. 1899, and that 1.-The repeal
of the law. applied to contractors work
Ing for the city, appears to have been unknown
to the learned Corporation Counsel" The
article had the following to say about Corpora
ton Counsel Whalen:
It is matter Of record that he has confessed
na ga1 INST the sy for o seryss
rendered subsequent to the passage of this re-
Apparently relying upon a single suit. not taken
up TO the Court OF Appeals he has repeatedly con-
character. despite the fact that the decision In
Hes 6as related a, to one specific -,
SO to o of In @ aren't
tional wages were confessed
He has not appealed to the courts for final
iiis law 10 people employed directly by the city.
Law PASSED IN 1894
The prevailing rate of wages law
passed in 1894. Section of Chapter 622 Of the
Laws of 1894, containing the following:
esfen Th ns act shall apply to all mechanics
poyed by the Sa or now or
therein through it's agents and officers or in the
corporation for performance of public works And
al such mechanics, workingmen and laborers so
rate of wages IN the respective trades or callings
are M d % nd an IA d
employment none but citizens of the United States
poration therein, and by persons contracting with
the State or municipal corporation thereof; and and
municipal corporation. for the performance OF pup,
lie works must comply with the requirements OF
this section.
The repeal Of the law is declared to have been
enacted by Chapter No, 567 of the laws of 1899.
which went into effect May II. 1899. and the
law as now in effect reads. SO far as the rate
of compensation is concerned as follows:
AS 1T IS NOW.
Section g. Hours to Constitute Days Work.
Eight hours shall constitute legal days work
those engaged in farm and domestic service. I'M
less otherwise provided by law This section
does not prevent agreemen ut for work at an
Increased compensation. except upon work by or
tpp tne s "a or EaS com
tract to which the State or municipal corpora
ton is party which may involve the employment
of laborers. workmen or mechanics shall con-
tain stipulation that, no laborer. workman or
contractor other person doing or contracting to
by the Contract shall be permitted or reanred to
work more than eight hours in any one calendar
caused by fire. flood or danger to life property.
The wages to be paid for a legal days work. as
borers workmen or mechanics upon all such
upon or in connection herewith shall be less
than the prevailing for a days work in
the trade occupation in the locality within
the State where such public work on. about or in
con9eefion with Which such labor is performed in
or used Each such contract hereafter made shall
contain stipulation that each such laborer. work
man or mechanic employed by such contractor,
suh-contractor or other person on. about or upon
such public work shall receive such wages herein
before provided for Each contract for such pub
lie work hereafter made shall contain q provision
that the shall be void and of no effect unless
TIE person or corporation making performing
the same shall comply with the provisions Of this
section; and no such person or corporation shall
be entitled 10 receive any sum shall any Off
Ger. agent or employee Of the State or of a munich
pal corporation pay the same authorize its pay
ment from tho funds under his charge or control
70 any SUCH person or corpora ton for work done
upon any contract which In its form or manner
OF performance violates the provisions of this sec
tion but nothing in this section shall be construed
TO apply TO persons regularly employed In State
institutions.