Waterbury Democrat., 1901-04-12

tO'lAC Ol thO PAOPO9SNa law determining what shall be legal days work in Connecticut for all me chanics. workingnfen and laborers, employed by, the state or municipal corporations or contractors for work therefor: also providing that such per sons shall be paid prevailing rates of wages.
 Following is the text of the opinion of the attorney general:
 State of Connecticut,
 Atorney-G enerafs Office,
 Hartford, April 9, 1901. To the Honorable House of Represent
 tatiyes in General Assembly con- Vened:
 Your honorable body having referred to the office of the attorney general for an opinion upon it's constitutionality house bill No 120, entitled An Act Concerning a Legal Days Work" l beg leave to submit the following:
 The text@of the act in question is. as follows: Be it enacted by the Senate and
 House of Representative in General Assembly convened:
 "Section l. Eight hours shall consti- ute a legal days work for all mechan- ics, workinginen and lahorers, except ing those engaged in farm and domes- tic labor; but over work for an extra compensation by agreement between employer and employe is hereby per mitted
 See ?. This act shali apply to ail mechanics. workingmen and laborers employed by the state of Connecticut, or by any municipal corporation there in, or in the employ of persons con tractifg with the state or with such corporation for performance of public works, and all such mechanics, work ingmen and laborers so employed shall receive not less than the prevailing rate of wages in the respective trades Tor callings in which such mechanics, workingmen and laborers are em- ployed.
 See g. Any officer or officers of the state or of such municipal corporation who shall violate the provisions of this act shall be deemed guilty of malfeas- ance in office and be liable to suspen- sion or removal by the governor or by the head of the municipal department to which such officer is attached
 Sec 4. Any person or persons con tracing with the state or with any such municipal corporation who shall fail to comply with or who shall evade the provisions of this act by exacting and requiring more hours of labor for the compensation agreed to be paid per day than is herein fixed, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined not less than fifty dollars nor more than two hundred dollars g
 No communication accompanied the bill, either explanatory or in the form of q definite question. 4 vote refer ring the bill to the attorney general for an opinion as to it's constitutionality was the only action taken. Concern ing what phase or feature of the, pro- posed bill information was desired is in no manner indicated. The dues ton, therefore. is broad one, and in wolves the inquiry whether the pro- | posed law is i'll whole or in part. or in any particular. contrary to or in ac- cordance with any or all of the proyis- ions expressed or otherwise of the constitution of the state of Conpecti- cut or of the United States.
 This question can be finally an l swered by one tribunal only The su- preme court of errors is clothed with that power, and is the only constituted authority enabled to pass upon the l question. An opinion from any other l source is only an opinion, and cannot carry with it the power to render void l or modify a statute law upon the f ground of it's unconstitutionality The l legislature is the sovereign law making | body of this state. and it's acts pre- vail unless set aside or modified by the | supreme court of errors. This being | the situation 1 have thought it wise to 1 give your honorable body the benefit l Of the latest utterances of the highest l court of this and other states concern 1 ing the result of their consideration of q Ns.ww frz.s7 l discussion.
 This course presents itself as the ap- 1 propriate one, since the action of the house in referring the bill without in- | structions indicates that general infor- nation from authoritative sources along the lines of constitutional restrie- I ton in legislative enactments is. de sired.
 The general rule or principle gov i erning the construction of statutes l with q view of ascertaining their con- | stitutionality is stated by our supreme court as follows: 1t is. however, a we'll settled, prin- l ciple of Judicial construction that be fore an act of the legislature ought to be declared unconstitutional, it's repug- nance to the provisions or necessary 1 implications of the constitution should I be manifest and free from all reasona- ble doubt. If its. character in this re. gard be questionable, then comity and q proper respect for coordinate l branch of government should deter. mine the matter ill favor of the action I of the latter'
 | Hartford Bridge Co ys Union Ferry | Go. 29 Conn, 227.
 State eN Tel Andrew ys Lewis. 51
 Conn. 127-S
 Miles, Trustee. ct al vs Strong ct al l 6S Conn. 2SS.
 l It will be observed, therefore. that 8 statute must be clearly at variance with the provisions of the constitution before the court will assume to declare it void. The constitution is the frame work of the law and outlines the gen eral principles which govern com munities. Laws not manifestly repug- nant to these general principles are | constitutional
 Article first of the constitution of the state of Connecticut declares. that all men when they form q social com pact are equal in rights: and that no man or set of men are entitled to I exclusive public einoluments or priyi- I leges from the community
 Section first of the fourteenth amendment of the constitution of the 1 United States provides that No state shall make or enforce any law which shall lhTidUa fIo n1i1,iIaooc or i'm