New-York tribune., 1900-08-29
WAGE LAW UNCONSTITUTIONAL.
COUNSEL so DECLARES IN EAST RIVER
BRIDGE INJUNCTION CASE.

L. Latin Kellogg of Kellogg Rose. Smith.
counsel for Julius Meyers. who is opposing the
issuance of the contracts advertised by the East
River Bridge Commissioners for the approaches to
the bridge on each side of the river characterized
the Prevailing Rate Of Wages law as a ''monstrous.
vicious. unconstitutional and Illegal enactment"
before Justice Gildersleeve in the Supreme Court
yesterday.
Mr. Kellogg applying for the continuance of
a temporary injunction restraining the East River
Bridge Commissioners from awarding the contracts
the ground that they were illegally drawn. The
contracts require the contractors to pay the pre-
valing rate of wages, and therefore charge the
city more than if they secured labor at the market
price; and also that the steel to be used on the
work should be that manufactured by the Carbon
Steel Company, Of Pittsburg giving that company
a monopoly.
Mr. Kellogg argued that although the Prevail
ing Rate of Wages law had been held several times
in what he might call side issue proceedings to be
unconstitutional the illegality of the measure had
never been brought before the Court in a straight
manner tERtil these proceedings were instituted.
There WAS no doubt, he said. that this law
unconstitutional, and created trust in labor. For
instance. contractor instead of being allowed to
go into the open market and obtain the class Of
workmen which suited him, was compelled to take
the provided by trade organization,
whether the provided were old and decrepit
or otherwise unfit for the work required Of them.
Mr.. Kellogg said further:
Your Honor knows that between the city and its
this city is the creature Of the legislature,
and the Legislature has right to deal with the
city employees 1t thinks 1t
The courts have, however refused to accept the
provisions of the labor law as between the con-
tractor and the city constitutional or between
contractor Of the city and a sub-contractor of
his Now, this contract binds the contractor TO
pay the prevailing rate of wages, whatever that
may be- and IT may vary; and l here before
the contract entered into to prevent the city
from being compelled to pay exorbitant of
money for the execution of this work
The Legislature of this State has been passing
these sumptuary laws in the interest of politicians
and for other reasons, and If cannot RELY upon
the judiciary to prevent these unconstitutional laws
from being enforced then this country will be
ruined country.
continuance of the preliminary injunction granted
and said:
We cannot help ourselves with regard to this
provision in the contracts to the prevailing rate
OF wages the law insists upon it. This tax
payer does not charge any fraud on our part l
have no recollection of a law having been
declared unconstitutional by special term of this
dented.
Counsel, dealing with the provision Of the con-
tract that Carbon Steel Company's steel should be
used, said a similar provision with reference to an
asphalt contract made by Commissioner Heating
had been upheld by Justice Lawrence as perfectly
legal. The East River Bridge Commissioners were
not. he said. level with the other departments
Of the city, and the late Justice Smyth had held
in case brought by O'Brien against them that
they had the right TO place their contracts with
whomsoever they pleased.
Justice Gildersleeve said he would reserve his de-
cision, he thought there were certain points
raised which should be determined by him.