The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-06-22
TEST CASE BROUGHT
IN NAME OF STATE
Work Done for Municipalities
Not ni Private Character,
Holds Court

The criminal court Of appeals In an
unanimous opinion today upholds -e
eighthour labor law enacted by the
First Oklahoma Legislature in affirm.
he the 800 fine assessed by County
Judge J G. strang IN the case of @.
N. Byers vs.. the State OF Oklahoma
for working laborers on the streets
paving IN Guthrie over eight hours.
Suit was filed against Byers. who
vas the superintendent Of the J. n.
HIN Construction. company which has
The contract for The twelve miles Of
street paving IN this city upon com.
plant made to Labor Commissioner
Daugheriy charging that men were
being worked ten hours on the street
Improvement work IN violation OF law
2yera was found guilty and fined
500 In the county court from which
the paving company took an appeal.
attacking the constIluilonallty Of he
law, which had also been questioned
BY the attorney general and caused
the Second Legislature to modify the
law In some regpec s.
The decision viii cause the company
here AMI lts sub contractors TO work
their men only eight hours hereaft,
er on the paving work Labor CHm.
missioner Daugherty has had some
little trouble with several paving con.
lrac ors seer the state over the eight
hour Law, but ali have agreed to abide
by the law as amended by the Second
legislature aud which became effec.
tive this month.
The court holds as follows upon
the legal ponts raised IN the case:
syllabus Of the Opinion
I. Defendant . paving contractor
ln violation Of Art 4 Oh. So, OF the
laws OF 1908, being
IAN act to put into effect section I
Of article 23 Of the constitution. pro.
Vidlng what shall constitute a days
work IN all eases of employment by
and on behalf OF the state or any
county or municipality: prescribing
penalties for violations thereof, etc
employed VIM. Hammond and other
laborers 10 labor on the streets Of
Gu hrle. more than eight hours per
day. Upon trial and conviction IN the
County Court Of Logan county he ap
pealed TO this court, conitnding that
the statute limiting the time of labor
on public work 20 eight hours a day
wss unconstitutional
Held that said statute Is 4 direction
Of the ate to IFS agents and Is con
stitutlonal AMI valid.
2. A person who contracts for puA-
Tic work IL not BY reason of the pro
visions III this statute. deprived OF his
liberty or his property. without due
process OF law, nor denied the equal
protection Of the lava with the mean
ing Of the Fourteenth amendment
B. Municipal corporations are IN
every essential only auxlliarles Of the
state for the purposes Of local gov
efnmeni The streets Of city being
public hi.hways the paving Of a street
whether done by the state directly, OF
by one OF It's municipalities Is a work
Of puhlia, not private character II u
Within the power Of q state. az guar
dian and trus ee for us people and
having lull control OF It's affairs lc
prescribe the condition upon which u
will permit public work TO be done on
behalf Of Itself, It's counties. cities o.
other municipalities In The exercise
Of there powers 81 my BY statute pro
vide ihet eight hours shall eonati
tnte days work for all laborers EN-
nloyea hy or OH behalf Of the state
or any of lis municipalities and makes
Il unlawfAl for an y0ue thereafter cor
lractlng 10 do any public work "
require iir permit any laborers 10 worl
longer Than eight hours per day, ans
requiring such contractors to pay The
current rate Of wages,