New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-11-19
prendergast and P.S.Com-
mission Will Hear
Plans To-day.
EMPLOYERS REFUSE
TO HALT TUBE WORK
Seek Court Decision in
Test-AmbasSadorS May
Take Up Case.


commission and Controller Prender-
c.,t to-day TO arrange for an ea-ly
or.-.or from the Court Of Appeals Fs
- ,be eonstitutiouality Of the pro
,.s.or Of the labor law prohibiting the
,mr)oyment Of alien labor on public
- This was decided at meeting
- the ASSOCIATION at the Engineers
Clrb last night. attended by about
for,r contractors. among whom were
-.,-esertatives OF all those holding
ror,rac,s ON the city's new rapid tran
sit lines
There was no intimation on the part
Of a,v Of the contractors that they
-orls follow the lead Of the Oscar
D.,;e,s Company and abandon their
ans. work. The belief was expressed
,,st the Public Service Commission
,.orid NOT abrogate any OF the con
tracts so long as every effort was beng
r.oe 20 c,t decision from the highest
court.
The contractors viii obey the law so
+,rss possible in the mean time, but II
..s ,ef. 20 the individual contractor
80 whether he would be able TO get
sIo,c without any Of the alien labor
COW erployed. They recognize that
,se law is or the statute books ard
tb,, every reasonable effort must be
made 10 observe it.
Plans Made for Contest.
Tn. was an unofficial Interpretation
r. the more formal statement given out
br C. A. Crane. secretary Of the as
socistion, reading:
D7be General Contractors Assocla-
top AZ 8 meeting tonight declared the
intention Of its members to comply
vitb the law Of the state in every par
teular
"a; che same time it desires to call
attention 90 the extreme difficulty OF
constructing the vast public improve
meBt works now under way and at the
same time exluding all alien labor. j.
is believed the alien labor law is not
constitutional and is in violation OF
treaties with other countries, ana steps
will be- taken as speedily as possible 10
submit the question TO the courts
The Italian government has shown a
dispoeiti0u TO interest itself IN the
situation here. 10 was stated by one OF
the contractors. 10 seems that when
the Dock Contracting Company dis
charged all it's alien labOrers ten days
ago a representative Of the ltahan Am
bassador called up the company and
asked If lis action meant that no more
Italians would be appointed. II is
likely that he and possibly other am
bassadors win make themselves parties
10 ans suit that may be brought on
the ground that the Jaw is in violation
o. treaty rights.
T.. =. Commission Quiet.
SO move was made by the Public
Service Commission yesterday. us
legs department is looking into every
phase Of the case II is thought that
The con,titutiouality OF the alien labor
law NAV be tested i'm a civil action. A
civil case might be pushed through the
Court Of Appeals IN about thirty days
s. public service cases have the rlght
q War
Mayor Mitchell said Yesterday that he
Ud not want 20 inject himself into the
case as he had nothing 20 do with II
officially. but he felt IL would be un-
fortunate If the completion of the sub
Ways was delayed.
81 presume it IS true" he said. that
nauy American citizens would not care
90 work with a pick and shovel, but
feel that many of them would be will
ing 20 DO almost anything m these hard
times
81 would like 10 see the men who are
not needed in the city departments
gwen employment on the subway work.
II there are not enough native born
citizens 20 do the work, there certainly
ought 90 be enough naturalzed citizens
20 meet requirements. certainly
Ggree with the labor unions in believ-
ing that Americans should be employed
on all work where DO le possible &C. get
them"
Aliens ire admitted 10 labor unions
t.-er they get out their first citizenship
papers The Shorers' Union has 10 per
cent Of aliens. Recently at hearing
before the Public Service Commission
John Gill. of the Bricklayers and
Masons Union. who started the present
trouble, did not deny, i'm reply TO di-
i)k Do men upon their promise TO take
out first papers.
II was estimated yesterday that not
only was 90 per cent Of the unskllled
labor on the subways alien, but that %
per cent of the skilled labor was com
posel OF others than American citizens.
Now that this law, which for seven
.een years has been q dead letter
he, been brought 20 public attention,
omclals VIII not be able 10 ignore 70
without running the danger of being
charged with malfeasance in office. Not
only is il likely TO tie up the entire
subway work, but IL is likely 10 affect
ne work on the barge canal, the Cats
XII aqueduct and other large public
works.
The total amount Of subway con
tracts now outstanding is about $3.50
VVO,OOO. About half Of the work on
,hese contracts has been co plCted.
some lawyers asserted yesterday that
ihe Public Service Commission was IN
uckllsh situation, because if il abro-
gated contracts because the alien labor
ID" was being violated and later the
law was declared unconstitutional the
contractors might sue for loss Of
Profits on the contracts. The profit on
OOOOOOO Of work would be between
sl5OOOO0O and Sl8,O00.OOO Other law
!ers held th.t II was unlikely hat con
tractors could recover under such cir
eumstances.
Chairman Mccall Of the Public Ser
conttnnsd on maze q. column 3