New-York tribune., 1903-04-29
EIGHT HOUR LAW VOID.
EFFECT ON CITY YORK.
Decision Nay TangIe Up Big
Croton Dam Contract.
InY rrLreR.rH re rHE TnTnuNE. ]

IBy TELEGRAPH TO TIE IRIBUSE.i
Albany, April 2S.-The Court Of Appeals to-
day declared unconstitutional the statute limit
ing employment public work to eight hours
a day. The case was that Of the Orange County
Road Construction Company. which had en-
ployed men for more than eight hours day.
The law, which is a complement OF the eight
hour provision of the Labor law, passed at ohe
session Of 1895 made 1t misdemeanor for
any person or corporation contracting with the
State CT with a municipal corporation to ie-
oufre more than eight hours work for a days
labor.
The defendant corporation was engaged III
road construction for the county OF Orange ana
criminal proceedings were Instituted IN pehdii
Of the people for infringement OF the stalute'
The dee,ndant entered a demurrer. contending
that the law was unconstitutional 1hlS oe-
rnurrer was sustained by Judge Beattie, put
was oyerruled by the Appellate Division, from
whose decision the defendant appealed Inc
Court Of Appeals now sustains Judge Beatue
the whole bench concurring in Judge CuNen
opinion, which says:
1t seems to me be entirely clear that the the
statute cannot be upheld as an exercise of oie Ihs
siT.k the proposition too plain for debate But II
this assertion be considered dogmauc, then say
that the question is settled by the decisions ooth
this court and the supreme Court OF the IlA.so
SoIioe power subject to which 8n property is POS
.S ,en , ny he he bured Is very Broad so broad
no court has slught to define accurately It's ex-
In the interest Of Public health Of public morals
a1S e5T, 9f 3 P163 ons 9Ger S he The right of
private citizen It may enact laws TO reguai1s the
persons OF immature years shall be allowed 10
perform. and prohibit altogether their employment
Il may limit the hours Of employment Of adults adults
RFSShbit ths PsF6oTmanoe Of excessive Physi66sl 6
fore us doesn't deal with the character Of the work
the age. sex or condition of the employees. nor
even the personality OF the employer, but applies
only % ne case Of contract with the State Sta OF
has the fact that the employer is executirg cor
State or municipal work? The defendart might be
M IN ne ne hsxt town a roaG @ To- & t9Fnple 9
5a c6d Der @ t9r 9 Sny 70 hogS DAY as f sam & e
action. Involving exactly the same character of
work. when done in performance OF q contract
with the public, is by the State MADE criminal
Judge Cullen adds that the weakness of the
law lies in its arbitrary distinction between the
State and other employers This denies the
essential equal protection" guaranteed by the
law TO all citizens. An arbitrary distinction
can never be justified merely by calling it
classification. " the opinion reads.
Borough President Cantor who has been
warm advocate Of an eight hour day and the
prevailing rate of wages in all city contracts.
when asked about the effect of the Court OF Ap-
peals decision declaring the law unconstitutional,
said:
It is difficult to tell Just what the effect Of the
decision may be until the fun text Of the law is
read To speak onhand, I should say that ii means
that Gil contracts which contain q clause reouir-
ing an eight hour day are inTaiidated just to the
extent Of the eight te hour CLAUSE ! don't & believe believe
alone viii be of effect The contractors. it
s 0 T dob TIE f See IS nhe IN 6s
law which will prevent the city from regulating
The decision yesterday may remark
able complication in the execution OF the con-
tracts for the construction Of the new Croton
Dam and the Jerome Park Reservoir. In 1902
special act was passed authorizing the city
TO reimburse the contractors these two jobs
for possible loss in their conforming to the
Eight Hour law. They got their contracts un-
der the old law. which did not specify the
length Of a days work. The Board OF Estimate
requested the contractors to conform 10 the
Eight Hour law. and under the provisions of
the special act they agreed to pay the con-
tractors the difference in the aggregated cost
OF the work done shorter day basis This
gross sum amounted 10 about $4,000 1t now
remains to be seen whether the contractors can
claim this SUM and at the time shift their
men back to a ten hour day basis. If they can
St will make a difference OF nearly S5o,oco apiece
10 them.
Aoueduct Commissioner Ten EyCk, when asked
about this feature OF the work said:
THAT is something I cannot tell much about
fill see the law and consult with counsel The
contractors receive their pay in instalments on
vouchers showing the amount Of work they have
completed from month 20 month don't believe
fbe CITY will lose anything