New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-11-25
PLAN ALIEN LABOR
TEST ARREST TODAY
Subway Contractor Select
ed as Victim in Move to
Settle Question.
ASSOCIATION MAN
WANTS TO BE MARTYR
Criminal Action VIII BE Moved
Up to Court of Appeals as
Soon as Possible.

An arrest will be made to-day for a
violation Of the alien labor law. upon
which test will be made of the con-
stitutionalty Of the statute, the en-
forccment Of which would tie up not
only the subway, but many other public
works. according 10 contractors.
This was learned at the end Of "A day
which was spent by representatives OF
the Public Service Commission and Of
the contractors in n discussion OF he
best way 20 test the law. On Monday
il had been decided there should be n
test. both civilly and criminally. Yes
terday, after conference between
Chairman Mccall Of the Public Service
Commission and Acting District Attor-
rev James +. Delehanty, 1T was decided
10 give up the criminal action and rely
on "A civil suit. Later the plans were
changed and the criminal case was de-
cided upon.
It could not be learned what con-
tractor would be arrested. II the au-
thorIties desire, however, they may
make G. A. Crane. secretary OF the
General Contractors Association, the
basis OF their action.
When IL appeared that tho Public
Service Commission had decided 20
give up the criminal action Mr.. Crane
was clamoring to be arrested so that
the law could be tested in what seemed
to him the shortest way.
az will be at Kenmare 81. and Cleve-
land Place at 10 o'clock tomorrow
morning" he said. 81 have a sewer
basin contract with the city at that
point which is near the Manhattan
end Of the Williamsburg Bridge. On
that contract have four employees
who are not citizens. One rs an .tal-
ian. one is Greek and one Is an
lrishman. ! am violating the law and
ought 10 be arrested. J do not care
who does II. whether II is at the in
stance Of the Public Service Commits
sion, the unions or some newspaper
II is said that case OF this KIND
can be got through the Court Of APP
peals IN twenty days. In the meantime
u is hoped the contractors on subway
work can get along with the help they
now have. although those who have
discharged their alien labor have been
unable, they say, 20 get Americans 20
take their places
The arrest will be made on a war
rant from Special Sessions, based on
information and belief. The court Will
have TO hold the defendant for trial, as
the case will be clear violation OF
the law. The next step will be the
suing out Of a writ Of habeas corpus.
on which the case will be taken at
once 10 the Court Of Appeals from the
Special Term of the Supreme Court
When the case Of the Dock Con
tractor Company, accused OF employing
alien labor by John Gill, of the Brick
layers and Masons' Union, comes be-
fore the Public Service Commission to-
day the commission will ask both sides
to file briefs. They will receive care.
full consideration on the demand OF
Mr. Gill for an abrogation Of the sub
way contract held by the company. IL
NAV be decided 20 get action on this
case also by an abrogation of the con-
tract and by taking an appeal.
A suggestion was made yesterday
that the contractors might get negroes
from the South TO do part of the heavy
work. This was met with the clause
i'm the law, which makes 1t necessary
10 give the preference TO residents OF
this state. A complaint was made
against contractor recently because
some Of his men lived In New Jersey.