New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-08-24
ASPHALT WORN TIED Up.
CAUSE: EIGHT HOUR Law.
Contracts NulHfed. Streets Nag Re-
main Long Torn Up.

The eight hour law and IT'S alleged violations
by the borough presidents commanded attention
yesterday.
John G. TOole. treasurer Of the Peoples Sc
curity Company, backing the Asphalt WORKERS
Association, presented formal papers TO Gov
ernor OdeIL at the Firth Avenue Hotel asking
for the removal Of Borough President Haffen IN
default OF his nuIifying the contracts of various
asphalt companies which. IL is alleged. are not
complying with the eight hour law.
Corporation Counsel DeIany sent 70 the hor-
ough presidents an opinion sustaining the con-
stirutionaIity OF the eight hour law. and advis-
ing the borough presidents TO nUlltfy contracts
when the provisions OF the law are not complied
with
Governor OdeIl told MIR. ToOle that he would
turn the matter over the Attorney General ar
once. wiki a request For early action. The regu-
lar procedure is for the Governor in case BOr-
oUgh President Hafen fails 10 comply with the
law. to summon the borough Ifssidenf triaa
and IL ths charges are sustained remove him
from Office This result is expected by snT
one. for the reason that on Monday Mr. Hafren
"a abandoned contracts with the Barber and
Continental asphalt companies IN The Bronx
Probably this will satisfy the labor peoples
lawyers
About 100000 IN contracts are tied Up now
on account OF the protests OF the labor organ
iZatiors with reference to the alleged violations
of the eight hour law The action taken this
week by the borough presidents and BY the Cor
poration Counsel doubtless viii come pretty
near stopping asphalt work in the city. Miles
of city streets have been curbsd and partially
prepared for asphaIting. The Developments yes
terday warrant the prediction that the citys
streets will remain in torn up condition in
definitely. the asphalt companies seem 10
feel sure OF getting a favorable construction OF
the labor law. once they get IL 10 the highest
court
Mr. DEL-ANY'S OPINION
Corporation Counsel Delany. in his opinion
sent TO the borough presidents yesterday, has
this say:
t s'94 93 os 9f 4s Ls9gr aw s. in ms
Of a municipal corporation, having duty TO per-
who permits the violation or evasion OF any Of ths
provisions OF the act. shall be guilty Of msIfeas-
ance in Office, and shall be suspended or removed
therefron. and that any citizen Of the State NAV
movaI OF such oficer agent or enpIoSs or nav
maintain action for the purpose Of securing the
by its terms or the manner OF performances violates
The constitutionaIit~ or the provisions OF the
Labor law. which prohibits contractor doing city
peilng Or permitting his eDlPloyes to work more
ton and Justice White. sitting Special Term.
Supreme Court, Second Department, is reported 10
stitutionaL But in the case OF Atxin vs. kansas
1 n ~ ,ss ss Sorlstsr+ion was bsIa 10 be con-
stitutionaL The United States Supreme Court in
thar said, Justice Harlan writing The opinon;
II may that the state. m enacting the statute.
many, that al things considered the genera Wel-
fare Of employees, mechanics and wor<nsn- upon
whom NH BE- ses PPTdn f q labor S oS Bfore5 G tor s
w. boSIrs was taken 70 BE- a f,,II dsy's uo-
that the restriction OF days work 70 that mum
Der OF hours would promote morality, improve the
workuen and enable them the better dlScharsH
the duties apRertaning 70 to ettizensnip: We haze
determine upon which side il The sounder reason
trolling the enactment OF the statute in question.
We can ,nagine no possible ground 10 olspGIs ne
taking work for II for OF its municipal
such work 70 labor in excess OF eight hours each
day and tnaict punishment upon those Who ara
them
Continuing the learned justice ssid-
Legislative ensctuents should be recognized and
& Db by Unless me e0GTsS SS as 9 Bsy and Sne 5aps @ -
beyond all question in violation OF the funds mental
Of the Constitution II cannot be affirmed OF
OF Kansas that It is plainly Inconsistent
with that instrument; indeed its consttuttOuality
While II is not proper that public officer should
raise the question OF the unconstrutionalry OF any
Ia do m So oi IN 1sS az fae shs DECISION OF ths UHssd
States Supreme Court
TO CANCEL AND ANNUL CONTRACTS.
therefore advise you that 1t is your duty 70
OF such companies or individuals engagsd n doing
visions Of the Labor law BY sxac5ing more than
eight hours work day from their employees.
Therefore II YOU have clear and convincing proof
OF such violations IL will be YOUR duty 20 nottry
the contractors OF the cancellation OF their con
tracts by serving them and their suFeties a
notice. OF which I inClose- Proper arHdavtts
of service OF such notice should he obtained and
preserved IN your department
Apprectating fully the possibs involvement OF ths
city In litigation the result OF my advice, Ihs
great hardship which may oe caused oy a sudden
stoppage OF the public works now IN course OF con
srrictiOr and the injury to the great number o.
men employed thereon. who may be thrown out
o. employment I nevertheless. forced &c the
legal conclusion 7 nave stated
T-nder the law question this duty Is imposed
rpOr YOU and the statute expressly provides that
fsiIure 70 perform your duty Is made malreasauce
in office and renders YOU liable 70 removal there
II vou conclude thar the law has been violated.
~ OF violation by the contracting com
the form OF afHdav1rs
in YOUR department for use in legal proceed
i-Es which may result from any acton taken ny
Won tu this connection
MR. AHEARN ACTS