New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-08-17
WANTS AHEARN'S HEAD
GOTERNOR ASKED TO act.
Mc.Uackan Demands Also RemoUal
of Hafen and Cassidy.

Il was declared yesterday by labor leaders
that John McNackin, State Commissioner of
Dor, had written letter 10 Governor Odeu
asking that he remove from Office the presidents
Of three boroughs Of New-York for violating
their oaths OF Office in neglecting to enforce
the Eight Hour Labor law. The presidents said
TO be under the Commissioners ban are Ahearn
Of Manhattan, Haffen of The Bronx and Cas-
sidy of Queens. Failure to revoke the contracts
Of the asphalting companies alleged to have
violated the labor law in carrying out city con-
tracts is the specific complaint
Commissioner McMackin. when seen at his
office. No. 10T East Thtrty-frst-st. by Tribune
reporter yesterday. refused either to deny or
affirm his reported request for the removal of
the borough presidents.
The enforcement OF the Eight Hour Labor
law on municipal contracts has occupied the at
tentjon of this Office since last April" said the
Commissioner. The situation Is not at all sat
isfactory, and We do not know just where we
stand, as so many interpretations have been
put on the law I have had some communica-
ton with the Governor on the subject. but I
cannot tell you whether or not I have asked
for the removal of any city officials. I have
made no statements regarding what I have
done or what propose to do
Are you opposed to granting special permits
for overtime work on the repavtng of streets
where the traffic greatly interferes with the
wor6?' was asked
The labor law provides for overtime work in
a case Of emergency" said Commissioner Nc
MacIin. For instance. if a street is likely to
be flooded. overtime work would be permissible.
You can't have a continuous emergency, and
would say that traffic interference did not con-
stitute one under the law
How about the special permit which was
issued TO secure the repaving OF West Forty
second-st2' was another question
That permit was not issued by this Office"
was the Commissioners answer. IF Commits
sioner Dalton OF the Board of Public Works
issued such permit he did so at his own risk.
The conditions in Forty-second-st did not
amount 10 emergency"
The permit for this street was issued re-
suit OF the insistenJ efforts of The Tribune,
The contractors left the street IN a deplorable
condition, and shifting saudstorms made walk
Ing in II at times difficult and exceedingly an
nOying
Commissioner McAIacLin finally referred the
reporter to the Peoples Security Company, the
officers Of which. he said. could and would talk.
This is the company which has been investi-
eating the asphalt companies and their meth
DDS Of treating their Iaborers for several paving
unions, II has been making life a burden for
President Ahearn for some time.
None of the three presidents have been served
with any papers which would indicate that
charges had been fled against them. They are
waiting cor the report OF the Corporation Coun-
sci as 10 the extent 10 which they can go against
companies which violate the law. An opinion is
now being prepared by the city's legal adviser,
and II IS expected in a day two
7 have been served with no copies OF charges
or other papers In regard to the asphalt labor
difficulties" said President Ahearn yesterday,
and do not know that any charges have been
fled. Any statement that 1 standing by the
Asphalt Trust IS false I have given them no
contracts since I have been IN Office, and 1 have
done my best 10 make them live up 10 the con-
tracts which they already held. ] insisted on
their using Bermuda instead OF Trinidad as
phalt IN Manhattan paving.
Numerous reports have come 10 me that the
companies have been violating the eight hour la
Dor law 7 asked the Peoples Security Company
70 present afidavits and gave the asphalt com
pauies q chance 10 enter defence There have
been several public hearings. and have held
uu the money ON several contracts Nothing
more viii be done until set an opinion from
the Corporation Counsel. I expect this VIII be
placed I'm my hands tomorrow or Thursday.
Several clear cases OF violation have been proved
against the asphaltiug companies. but can do
nothing more than have done without official
legal advice"