The Barre daily times. (Barre, Vt.) 1897-1959, 1907-08-20
Prevailing Rate Of Wages
Defined by Judge
THE UNION FIX PRICE
Illinois Jurist Decides That Union Scale
Determines Rate Of Compensation
Says Good Workmanship Guar
anteed by Organizations.

Judge James w. Craig Of the Dap-
vile Qll) circuit court recently rem
dered decision defining the term
prevailing rate Of wages" and incl
dentally paying tribute to the de-
gree Of skill and good workmanship
guaranteed by the trades unions. The
following Is the text Of the decision:
In this case the complainant filed
his bill 10 enforce his lien. The case
after being at issue was referred to
the master to take evidence and re-
port with conclusions. The parties
on either side presented witnesses and
their evidence was taken and the
cause heard by the master, and he
makes and filed his report with con-
clusions. The defendant excerpts, and
the cause is now before the court on
the evidence taken, with exceptions to
the report. | have heard the argu-
ments Of counsel made In open court
and have since read the evidence.
The contention by the defendant In
support Of the exceptions seems to be
that the complainant employed union
labor and desires to have the union
scale wages adopted in this case as
the price for the work. 1t Is claimed
that the work in question could have
been done cheaper BY the contractor
If he had employed nonunion labor
instead Of employing union labor, as
he did.
The witness, J. W. Mcintyre, intro
duced for the defense, presents that
question. He says, There might be
some fellows that did not belong to
the union that he could get for lower
prices" He further says, Pretty
near every man that Is capable Of han
ding and doing the work Is q union
man." and also further says: "The man
that belongs TO the Bricklayers' union
figures by the union prices. The man
that does not belong to the union
figures on price under the union
man." II can be said that the price
Of the Bricklayers' union Is known.
The price Of the other is not known.
Had the defendant wanted his work
done by nonunlon labor and at low
er scale than the union labor It would
have been fair for him to have said so,
and then the complainant in taking the
contract would have taken this mat
ter into consideration In doing the
work. He might have considered that
he could not get the labor outside of
the union, as 1t Is well known that
there is great demand for compe-
tent laborer The defendant EN-
ployed the plaintiff to do the work
without any expressed contract or any
reservation as to where he should 90
for help, and the plaintiff had the right
to do the ordinary and customary
thing, and the ordinary and customary
thing was to employ union labor as
the evidence shows that nearly every
man that is capable of doing the work
IS a union man. / have no doubt
that at the time the contract was
made both parties understood and
knew that nearly every man that was
capable Of doing the work was a nm.
ion man and that by force Of circum'
stances union labor was to be employ
ed to do the work, and now after the
work is done 1t is claimed that perhaps
some person or persons could have
been found outside OF the union to do
this work at a cheaper price. This is
a mere guess or speculation when Il
is shown that nearly every man that
is capable Of doing the work is a mem
Der Of the union II follows that
when nearly every man that Is ca.
pable Of doing the work belongs to the
union they win fix the price which
win govern in all cases where there is
not an expressed contract as to the
price to be paid. AS there IS no way
to compel men to work. there are no
longer slave pens 10 which labor is
sold.
Then, again, the master saw and
heard the witnesses testify. and he
is the one to weigh the evidence and
is not to decide the case by the num-
Der OF witnesses merely, but Ivy the
weight OF evidence. It cannot be
fairly said ia this case In going over
the evidence the master decided the
case against the weight Of the evil
denee.
| The exceptions are oyerruled and
the decree Is awarded the complan-
ant In accordance with the finding Of
the master