Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-08-01

Nv ID = flifiN''h ct htil NUS 'i'ii'o NUN
| 1870. 1t defines legal days work
! regulates the wages on public works,
the number of hours that constitute
a days work in various industries
and the method OF paying wages to
| employees i'll certain CmplOymCntS; il
provides for the preference in employ
mcnt of certain persons in public
works; it recognizes and protects la
! bells, brands and devices used by
| labor organizations: it has provisions
| for the safety and comfort of employ
es in factories and on buildings in
cities.
Many Times I'm Court.
Since this law went into effect it
has been before the court of appeals
many times for Interpretation of its
provisions, and the section that has
given rise 10 perhaps the greatest
controversy, both in and out of the
courts. is section >, frequently re-
fcrred to as the eight hour law or
the prevailing rate of wages law
This section first came before the
court of appeals for review in the
Rodgers case. 1GG y. y. /. Rodgers
contract with the city OF New York
for grading certain street contained
provision that the contractor would
pay his wOrkmen not less than the
prevailing wages in the locality, as
required by the provisions of the la
Dor l;.w. When the contract was com
plcted the comptroller of the city re
fused to deliver warrant for the
amount due because the contractor
rate of wages TO his employees. The
court of appeals held the labor law,
so far as it relates to- such a case, to
be unconstitutional for the following
reasons: First. because in its aetna
operation it permits and requires Tho
expenditure of the money of the city
or that of the local property owner f0I
other than city purposes; second. he
cause it invades rights of liberty and
property in that il denies 10 the cit!
and contractors the right to a%rcC
with their employees upon the measure
of their compensation and COmpels
them in all cases to pay an arbitrary
and uniform rate which is expressed in
vague language. difficult to define OF
ascertain and subject to artificial
= ~
fiscatcs all property rights Of the con
tractor under his contract for breach
of his engagement to obey the statute
The court was not unanimous in it
decision. standing four to two, and
Judge Parker. in Il dissenting opinion
combating the contentious of the ma
iority on all points. said in part:
Terms might he imposed which
would he wise or very foolish for both
the state and the contractor. in the
estimation Of the latter; but it is the
prOprictor's right to be unwiS" if he Sc
wills. in which respect the state Is per
haps bo,h in theory and practice on an
equality with its citizens. The provis
ions in the contract requiring in ef-
feet that he ShouId pay the going
wages would of course interfere with
his liberty To hire men for less wages
So provision that he must use a GER
tain brand of cement which is no bet
ter and costs more than other brands.
should interfere with his liberty 10 buy
first class cement at a lower price than
the brand named. \ provision that
some or all of the figure work cat ont
of stone should be done by wOrkmcn
from Italy. would perhaps interfere
with the employment at less expense
of men Of equal or greater skill at
home who could do equally good or
better work and to that extent his lib
Crty To so contract as TO make a greater
profit for himself. without injury to the
proprietor. would be intC-fered with:
hut il is intcrfered with only because
he assCnts TO the pToprietorS wishes
and contracts that il shall be so. and
hence his liberty is not inteTfered
with al all within the meaning of the
constitution: for he has solemnly COW
enanted in his agreement that he shall
not be at liberty to do anything in the
course of the performance of the con
tract that shall be contrary 10 the
wishes of the proprietor. IS expressed
in the written contract.
Dressed stone Law.
What Is known as the dressed
stone law" providing that all stone
used in state and. municipal work. cX
hal