The labor world. [volume] (Duluth, Minn.) 1896-current, 1905-03-11
NEW YORK MAY HAVE
NEW EIGHT HOUR LAW
Modelled to Apply to Recent
Court of Appeals Decision
and May Pass.
Specifies Extraordinarily
Hazardous Occupations
Where Men Are Employed.

New York. March 9.-An eight hour
bill is pending in the New York legis-
lature. 1t will be remembered that the
courts decided. a few months ago. that
an act recently passed by the legis-
lature. which was intended to regulate
the hours of labor was unconstitutional
that is, that in some of it's provisions
1t violated the state constitution
The bill now before the legislature
has been drawn with a view to avoid
ing the conflictions with the constitu-
tion. which the court found in the
other law. The new bill follows the
principles laid down in the decision of
the Court of Appeals. in the case of
the People VS.. Lochner.
In that case the court declared that
a regulation limiting the hours of work
In bakeries to sixty hours week was
constitutional. on the theory that
public health was involved and that
therefore, the legislature was acting
within the police power in regulating
the hours Of work. The Court Of APP
peals concluded that in cases where
men were engaged in work that was
VIGOROUSLY hazardous to health, the
legislature had the right to prescribe
the limits of the hours of work.
The pending bill being drawn in
consonance with this principle estab-
lished by the Court Of Appeals, it Is
believed that should the bill become a
law it would be successfully sustained
in the courts.
Section of the bill says: Eight
hours shall constitute a legal day 8
work for all classes of employees in this
state excepting persons engaged In
farm and domestic service"
Agreements to work more than eight
hours in any one calendar day are
prohibited in all of the following
cases:
Where the person is employed by
the state or by a municipal corpora
tion: where the person is employed by
a corporation and is engaged in per-
forming work on a contract made by
said corporation with the state or with
a municipal corporation: where the
person employed is engaged in work
under such conditions that his health
is exposed to unusual or xtraordinary
hazard.
The following occupations are de-
-ciared- be extraordinary hazardous:
Work In buildings, rooms or places
in which the temperature ordinarily
exceeds 100 degrees or is ordinarily
below 60 degrees.
The occupation Of cutting, polishing
or laying stone, or working in metal
in such matter that they are habitu-
ally required to inhale the dust from
the same.
All work underground under condi-
tions which require that they receive a
forced or artificial air supply.
All work in a biscuit. cake or bread
bakery of confectionery establish
ments.
All work which requires the use OF
mercury, white lead or other noxious
or injurious substances.
Work as engineer or fireman on
steam or electrical engines, except
locomotive engines.
All work in drilling or blasting OF
rock.
All work in excaVating or other work
Where workmen are required during
some portion Of the time to stand O,
work in the water.
All work in cleaning or repairing
plumbing or sewer work.
All work on street cleaning anc
street repairing.
All work in tobacco handling, ex.
cept clerks in retail tobacco business
All work by tailors and seamstresse:
working in shops.
All work by laundry workers wht
are employed at actual laundry work
The bill provides that on all state OF
municipal work the prevailing rate O.
wages shall be paid to workmen. AL
contracts for state or municipal worl
shall contain a stipulation providinf
that the prevailing rate of wages mus
be paid.