New-York tribune., 1914-11-18
BAN MAY TIE UP
WORK ON SUBWAYS
Continued from page

| Buffalo court he replied:
I'VE have no authority 10 interpret
| the law ourselves, but must follow il as
written until we have a final legal de-
/ cision. We need not go out of the
way to look for violations. but when
/ they are pointed out to us We must
/ uphold the law.
"We would not be justified in paying
vouchers If we were aware that there
| had been violation of the law, and !
doubt If the Controller would recog-
nize them if we did issue them"
The chairman said the commission
was considering what would be the
quickest way TO bring about a decision
from the Court Of Appeals.
The alien clause in the labor law has
been practically a dead letter since its
enactment, seventeen years ago. Con-
tractors say it is impossible to get
enough citizens to do some classes Of
work, particularly excavation work.
The labor unions have from time to
time filed protests against contractors
for violations of the labor law which
come under the eight-hour day, the pre-
vailing rate of wages, the employment
of journeymen mechanics and the en-
ployment Of aliens. In many cases the
commission has ordered contractors to
cease violations of the law. In the
present case, however, the Daniels
company acted on its own initiative.
No definite statement was made by
the commission as to whether other
contractors would shut down. Enough
information has reached il, how
ever. 20 Justify the statement that
there is a possibility Of a general shut
down. Contractors have told the com
mission that 80 per cent of the men en-
gagged in excavation work and as COM
mon laborers generally are aliens.
They say it is practically impossible
10 induce native Americans 10 work
with pick and shovel. There are many
aliens employed as skilled mechanics
as well. II serious attempt is made
20 enforce the law as regards alien
laborers great many skilled me-
chanics would have to suffer.
Penalties for violation of the law IN
clude a forfeiture of the contract. The
commission in the past has taken the
same attitude toward the law that other
public officials have, and have treated
il as a dead letter, If not unconstitu-
tional.
The contractors further say that if
IL were possible 20 secure enough
IdIuIAlALtu
increase the cost of the work that they
would not complete their contract
on the terms under which they are
working.
This is the manner, apparently, IN
which the matter was brought 10 a
climax at this particular time: John
Gill, OF the Bricklayers and Masons'
Union, made complaint Of minor
violation Of the labor law against the
Dock Contractor Company. 10 became
a matter of record in the investigation
Of this case that subway contractors
we're violating the alien labor law.
This letter was sent then 30 the con-
tractors by Gill:
beg 70 notify y0u that yogr company and
sub-c0ntrac.0rs doing your work are openly and
uautou.y violating The labor law 81 tils stale
with regard 70 employing men on yoI "ui1
who arc not citizens " TIE Jnlied states AMI
with regard 20 paying lab0ref' and fadesmeh
wages less than the prevailing rate. a.s0 WIN
regard 90 complying with the labor law, which
requires that the contractor shan Keep The
name u each workman. and. n naturalErd
citizen. the date Of citizenship ana The cour.
our ~ which his papers "efe issued.
Investigation among your employees with the
advantages al your disposal. 10 ascertain tho
above facts. desire 90 further notify you that
these violations are open and notorious and
conducted b. you t0 such an extent IS TO De
matter of common knowledge.
In the event that you fsil 70 comply With no
Law forthwith 1 shall lake whatever steps as
A citizen and as e represent alive ~ organized
labor 20 prosecute you for such Violations a.
deem necessary.
Although the letter was dated No
vember Y. il was not received by the
Daniels company until Monday. They
took prompt action in stopping their
work.
Gill to Stand Firm.
John Gill, chairman of the delega-
tion representing the bricklayers
unions. said last night that a meeting
Of the officers Of the bricklayers' To-
Gals in the Bricklayers and Masons'
International Union was held to con
slider the violation Of the labor law IN
the subway IL was decided that ~
was time FOR decisive action, and meet
ings of all the local unions Of brick
layers in the city will be held TO act
on the matter He continued;
"The violations Of the labor law,
especially the prevailing rate OF wages
section and the section against the
employment Of aliens, have been IN
creasing, and it is high tine that dras-
tic action was taken. The violations
of the labor law are especially fiagrant
in one section, but apply TO all sec
tions. We have come TO the conclu-
sion that there is no use waiting any
longer and that the time has come 70
act know Of cases of men who
have been constantly employed in the
subway for a long time who have not
taken out their first papers. The en-
niovment of aliens, however. is more
freGuent in some trades than among
the bricklayers.
81 cannot see that there is much
cbance for a man TO be citizen under
such circumstances"