The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-03-09
CITY WAGELAW REPEALED!
ACT OF 1899 SEEMS TO LIMIT THE
PREY lkiN8 RATE hILE

dCI OF IScc SEEmS Nv ifHif fhE
pREY5lKiN8 RATE RUE
To Employees of Public Contractors. Leav-
ing Out Men Employed Directly by
the City VINO Were specified In Pre-
vious Acts-what Mr. Whalen says.
IL was asserted yesterday by the Brooklyn
EdOle that the law compelling the city. when
the city IL the direct employer. to pay the pre-
vailing rate Of wages to oil mechanics and
laborers. under which law the city Is being
sued for suns aggregatIng nearly four million
dollars. was repealed by Chapter Jb7 OF the
laws Of 1870. and that the city will not have to
pay the increased rates demanded from tho
date that tho Governor signed that chapter.
This would not BY any means relieve the city
of a majority Of the suits that are pending. for
the claims date back to 1894. and II the pre-
vailing rate OF wages law" was valid, honest
claims up to May ~, 1899. are valid.
Under the decision Of the Court OF Appeals
in the case OF a bricklayer named Mcmahon.
who sued the city 10 recover the difference be-
tween S3.5O n day paid him bv the city and 81
a day which he showed was the prevailing rate
OF wages. Corporation Counsel Whalen has
confessed judgment in many suits brought
under the law. In a few cases ludgmen has
been confessed where a part OF the claim Is for
I WuEh uont INV iiN - i''' UNIV
out that the law of 1899 really repeal, the pre-
waiting rate Of wages law as to labor Employed
directly by the city. the Corporation Counsel
will DC able to fight ali claims made for work
since its passage and probably to beat them
all. The city will be saved IA large sum OF
money.
Corporal ion Counsel Whalen in IN interview
last night. said:
Il have read the Eagle story very carefully.
and am familiar with the laws ana authors
ties referred to therein. | am amused TO
notice that the writer has cited against mo a
decision Of the Court Of Appeals handed down
last June. written by Mr.. Justice Nann and
concurred in by all OF the other Judges. In
that case | represented the city and secured "A
decision which protected il from the payment
! Of claims for extra work aud sunday work III
the Street Cleaning Department amounting to
thousands OF dollars. | refer to the case OF
Terrell vs. the Mayor. reported in Vol. 100,
page 239. The statement that | overlooked the
amendment to the labor Law made in 1898 is
quite ridiculous. as IL the statement that | was
not aware OF the decision of the Court OF Ap-
peals IN my own favor in IA case in which | ap-
peared for the city. Ny opinion of the effect
of the act of 1899 has already been stated
months ago. | believe the view then expressed
to be correct at the present time must de-
cline to enter into newspaper controversy Oh a
legal question. The act Of 1899 simply amends
the earlier law by exten ding its scope. 1t is
absurd to describe 1t rs n repeating aw.'
The orig nal prevailing rate OF wages law
was passed in 1898. II was CHAPTER OPP Of the
Jaws of that year. 1t said that "aIl mechanics.
workingmen and labOrers employed by the
state. or any municipal corporation therein.
through its az ents or officers or ~ the employ
~ c6rnroIesre hor "ftthans ,rtnrm mn n,c SAY ~ nnh'inn
work = : = shall receive not less than the
prevailing rate OF wages IN their respective
trades or calling in said locality"
In 1877 this act was repealed altogether and
the law WIS made r. read as follows.
Section ;. Hours, TO constitute Il days work
Eight hours shall constitute a legal days
work for all classes % employees III, This state.
except those engaged in farm and domestic
labor. unless otherwise provided by law, Tbis
section does not prevent an. agreement for
This section applies to work for the State or
q municipal corporation. or for contractors
The wages for such public work shall not be
less than the prevailing rate for 9 legal Jays
ity where the work is performed. Every con.
tract for the construction oil, a public work
shall contain a Irovision that the same shall be
void and OF no effect unless such rate Is paid
BY Chapter 5G77 Of the laws Of isS7 this Sec.
tion 3 Is amended to read AS follows:
Sec. 3. Hours to Constitute a Days Work
Eight. hours, shall constitute a LEGAL days
work for all classes Of. employees in this State
except those engaged In farm and domestic
service. unless otherwise provided by law.
This section does not prevent an agreement
for overwOrk at an Increased compensation.
except upon work by or for the State or a
suo-coptractors herewith. Each contract
70 which the state or a municipal corporation
Of la borers. workmen or mechanics. shall con-
tain Il stipulation that no ,%laborer, work
man or mechanic in the employ OF the .cou-
or contracting to do the whole or a part Of the
work contemplated by the contract shall be-
permitted or required to work more than eight
Of extraordinary emergency caused by fire.
food or danger TO lie or property. The wages
fore defined to al classes Of such laborers.
workmen or mechanics upon all such public
work or upon any material to be used upon
or in connection thcrewith shall not be less
than the prevailing rate for a days work in the
same trade or ocrupation in the locality within
the state where such public work on. about or
is performed in It's nnnl or com pleted form
is to be situated. erected or, used, Each
stipulation that each such labo,er, workman
or mechanic employed by such contractor.
sub-contractor or other person on. about or
upon such public work, shall receive such
wages. herein before provided for, Each CON
tract for such public work hereafter made
shall contain . PROVISION that the same shall
w NOli uhi VI Nv AiNN uulNo " H-1loOu VI
corporation making or performing the same
shall comply with the provisions OF this Sec
ton and no such person or corporation shall
be entitled to receive any sum nor shall any
officer. agent or employee OF the State or Of d
municipal corporation pay the ~ame or au-
thorLze its payment from the funds under his
charge or control to any such person or COR
poratlon for work done upon any contract
which In is form or. manner Of performance
violates the provisions of this section. hut
nothing in this section shall be construed to
apply 10 persons regularly employed in State
Institutions
This il all. There is nothing whatever touch
ing explicitly on the wages for work for the
state or a municipal corporation" not done by
contract. J. Ia asserted that this act must be
construed as referring only to the componsa-
ton Of persons employed BY contractors 10 do
city work. and not to persons employed by the
city directly. The law Of lSN was introduced
by Assemblyman Sabine Of Syracuse. MIR.
Sabine is a clothing cutter. When the matter
was called 10 the attention OF Comptroller Coler
yesterday afternoon he said:
This is entirely new 10 me. | am not pre-
pared TO say anything At all about It, will
have TO study the matter"