Daily press. [volume] (Newport News, Va.) 1896-current, 1907-05-14
EXTRAORDINARY EMERGENCY

Littlo by little the Federal courts
hre throwing light on tho exact
meaning oi the loose and often muddy
phrascology of the cighthourday law
enacted by Congress for regulating
The labor employed by the United
states government on public works"
Ihcrc has been and still is much
uncertainty as to what constitutes n
public work" within the meaning
ana tho intent Of the statute. and
ilasmlicll rs the law excerpts from it's
penalties persons or companies fore
Cd ~ an "cXtraordnary emergency
10 Keep men employed more than
ciSht hours in the twcnty-four, this
latter expression has provoked con-
siderable discussion as to the limits
OF It's application. Tho court of nm
poals Of the District of Columbia has
Just Interpreted it In decision on
most interesting case.
The Penn bridge Company contract.
cd to build a bridge for the Federal
district across Pincy Branch; labor
became extremely scarce ana the
contractor in consequence worked
some OF his mcn-not against their
Will, howcvcr-more than tho legal
oieht hours day in order to com
plcte the work within the specified
, time; on complaint and proof the
company was fined $500 in the dis.
'rict police court; it appealed and at
! inc trial of the case in the higher
court 1t set up In defense the uncon-
sii'utionality Of the law and the
"cNtraordinary emergency" undor
which the infringement of the statute
, occurred, The court of appeals de.
c'ded against ii on beth pleas. On
The latter the opinion says:
In this statute the term "cxtraor
binary emergency" imports sudden
ana unexpected happening to avert
imminent danger to health or life or
property, an unusual peril, actual ana
not imaginary. suddenly creating a
situation SO different from the usual
ana common order ana the customary
or ordinary instances In tho prose
cution of public work that the court
may ana must conclude that Congress
contemplated excepting from the an.
Grafton Of law such IN occurrence n.
was sudden, rare and unforeseen.
1t will thus be seen that, if This
opinion is sustained by tic higher
Federal courts, contractors on pub
lie work" are held "botween the devil
ana The deep sea" IL the contract
time for completing n work is set
for May 30, for instance, with pen.
atty of $500 day for every days
delay in completion after that date.
organized labor can take tho con
tractor by he threat any day as the
work ncars completion anG force al.
most anything from him; if a hun
dred employees were to demand 81 a
day in place Of So, that would mean
$500 4 day extra out of the contrac.
tors pockct--but it would he 500 n
"iy chGaber than To have tho whole
gang go ont on strike" and sui .icct
him to a government penalty of $500
II day, for the suddcnness of the
strike would not constitute an extra.
ordinary emergency in that 1t would
not involve any Imminent danger to
health, life or property" Only tho
contractor's pocket would he in Gin,
minent danser"-and the lackoys of
orsanized labor probably had that sort
OF danger in mind when they framed
the statute.
In the language of the sporting fra
tcrnity. the employe under this law
mas the thing coming and going"
both ends and the middle" when II
90 a.,