New-York tribune., 1900-04-01
orRT TJPHOLDs Mr.. COLER
.u,,cr N-apAMs DECISION ON A PRE-
r,1,ISG RATE OF WAGES" CASE.

r.urSc RATE OF WAGES" CASE.
,,.tioe McAdam in the Supreme Court yes
hon6ed down an opinion relating TO
,,s ~ city employees for back pay unoer the
.ra,Itne rate of wages law which VIII go 1af
,,oc. the raids the city treasury which
90 been encouraged by Corporation CounseA
,s,h.,en's easy method Of confessns Judgments
W.. VIZ the CITY on such claims. The opinion
.a,s forth more elaborately the view taken os
T,,s,,ca in & recent decision. 1t sustains
-,ta,ely the position taken by Controller Coler
- ,tx nrotests against the practice OF CONFESS
~ .-,sa-,ants on the claims. instead OF making
e ~. IN the courts 10 prevent city employees
- -,al-ine millions of dollars out or the city
treasury as extra pay
7ha on;nion Of Justice McAdam was handed
so,, in the case Of George Book, painter VINO
- heen employed on Blackwelrs Island. and
~ brought suit for back pay amounting TO
go oea after he had been discharged. He had
60 o-,nloved at first as painter. and had
- made a keeper at 500 a year and later at
sooo wear After his discharge he sued on the
rround that he should have received 81 90
g. The opinion given yesterday denies mo-
-, .or a new trial In his opinion Justice
NcAdam says;
Tho act Of 1894 IN regard TO prevailing wages
n-sssly provides that all mechanics, working
eAF.s 10 forers employed by the State or any
a-nirioaI corporation or in the employ OF per-
son. contracting with the State or such corpora
- Cor performance of public works. shall re-
- ,. not less than the prevailing rate OF wages
a, ,beir respective callings.
~ rbe S,s act of 1897. after referring to public
-Le nrovf6es that the wages for such public
,rorks shall be not less than the prevailing rate
o., a legal days work in the same trade or call
d. In the locality where the work is performed
nd expressly declares that this section applies
a mulfCfDal
.fon or for contractors thereof.
1Ta act of 1899 amends section OF the act
Of 1897 by altering and reconstrucuns tne en-
tire section. and making the same READ as
renSed AS reconstructed, that portion OF
So-,oer section which provided for Work for
~ state or q municipal corporation, was elm
a.a5 " for the evident purpose of relieving the
ctete and municipal corporations from the rule
reIattng 70 prevailing rate OF wages, ana the re-
constructed section requires state and munleipat
corporations 10 observe the following provisions.
Ffrst-Each contract to which the State or
municipal corporation is a party which may IN
,rolr-e the employment of laborers, workmen or
mechanics shall contain a stipulation that no
ioborer workman mechanic In the employ
NJ the contractor, sub-contractor or the person
doing or contracting TO do the whole or a par,
os the work contemplated by the contract, shaIl
he naru7itted or required TO work more than
eight hours in calendar Gay.
Second-The wages 10 be PAID for a lesal
so,,e work is hereinafter defined to all classes
NJ such laborers. workmen or mechanics upon
sT such public work or upon any material TO
he used upon in connection with shail not
he less than the prevailing rate for a days
work IN the same trade or occupation in the To-
cality within the State where such public work
on about or In connection with which such
labor is performed in it's final or completed form
is 10 he situated erected or used. Each such
contract hereafter made shall contain stfpu-
lation that each such laborer. workman or me-
chanic employed by such contractor, sup-con-
tractor or other person on. about or upon such
public work shall receive such wages herein
nroyided for Each contract for such public
work hereafter made shall contain provision
that the same shall be void and OF no effect
unless the person corporation making or per-
forming the same shall comply with the pro-
visions of this section" etc The expression
upon all such public work" refers to work to
be done by contractors, and not by the State
or q municipal corporation without the agency
Of contractors The Legislature did not intend
10 hamper the operations Of State or local gov
eminent with the provisions of the act further
than 10 require contractors while engaged on
public works 10 stipulate in their contracts TO
pay the mechanics employed on the job wages
st the rate prevailing in the locality.
That the re-enactment operated as repeal OF
Section Of the act Of 1897 Is clear both upon
principle and authority. The section as recon-
structed in 1899 deals with great particularly
with every phase Of the question of prevailing
wages, but was careful to omit the words con-
tanned in the section as it formerly existed de-
claring that IL applied TO work 'ifor the State or
municipal corporation. showing clear leg1s-
lative intent to abrogate that provision.
subsequent statute, repugnant to prior
one. repeals ii. And if subsequent statute be
not repugnant in all its provisions TO prior
one, yet if the last was clearly intended to pre-
scribe the only rule that should govern 1t re-
peals the former one. statute which Is
amended and re-enacted so to read as pre-
Ecribed in the amendatory statute is thereby
wholly annulled as to all future cases. and, ex-
cept as 10 rights and duties already existing,
becomes merged and Incorporated in the later
statute. An act which amends existing
statute so as 70 read as follows" thereupon en-
setting new and substituted provision. repeals
al the former statutes omitted from the act
amended
There is no such thing vested right in
pubic law which is not in its nature a grant or
contract. Whatever cause of action was
CURED under the acts Of 1894 and 1897 not
gwen by grant or contract, but by force Of those
Statutes They conferred inchoate but not
rested rights and the repeal of those acts In
ioas efectually terminated all legal claim for
recovery hereunder.
The only theory on which the municipality
couio De held under said act that an
piovInent OF mechanic at fixed compensation
less than tae prevailing rate" was contrary to
the provisions Of said act, and as TO such COM
pensation fixed in violation Of law the contract
was VOC. So considered, the repeal of the acts
creating the iliegality legalzed the contracts as
electua!ly as If said acts had never been passed,
elo al the same time divested all inchoate rights
"Hch arose under the acts repealed
an conclusion the Court holds that the repeal
" :. tne acts OF 1894 and 1897 defeats any rights
VI acuon hereunder. and that no right whatever
ge1o sts against the municipality under the act Of
soeoo Ihe complaint was therefore properly
st-enhssed and the motion for new trial must
De denied 1891 ~