New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-26
Only American Citizens
NAY Be Employed on
Public Works.
CASE WILL Go
TO FEDERAL BENCH
CITY Now Faces Crisis, p. ). l..
Declares, in Subway
Situation.

Inc deeisloii 81 the Court o. Appears
Yesterday unfolding the constitutional
ity Of the alien labor law, which pro
hibits the employment OF aliens on
public work. may be carried 90 the gu
preme Court Of the United States. re
Public Service Commission, 300 NtS'e
ment issued last night, intlmated TINS.
The federal Constitution question Is
involved. 60
C. A. Crane. secretary Of the Con
actors Association and one OF the
attendants in the case. viii appeal the
case TO the United states supreme
Court. Il Is likely that an application
VIII be made TO Justice Hughes ior
writ OF STAY and expedition. ne cal
eodar Of the court is SO cloCged that
he case would be delayed for a year
and p half u the writ OF expedition Is
Tbc decision Of the Court OF Appeals
means that no aliens can be employed
or the city's subway work. u means,
moreover. that no aliens can be en-
ployed on any public works IN the
state which include the barge canal
work. sewer work, and other construc-
ton enterprises undertaken Icy the
safe and city.
u the decision is upheld u vii. mean
9 reorganization OF the Clty'S subway
construction work. The contractors
Who oppose the law say u means delay
,rd added expense in the building Of
the dual system. II the contracts are
forfeited, as the law requires. great
amount OF litigation will result, they
say.
Millions in Contracts Held Up.
The city now has outstanding con
s'Iuction contracts aggregsting Sl42,-
900 600 for new subway and elevated
lines. Some Of these contracts arc
nearly completed, others are only
lust beginning and some are IN varl-
Gus intermediate stages OF construc-
ton. There are thirty separate con-
tlacting firms engaged in the work.
The prevailing opinion of tn court
vas written by Justice Cardozo AID
concUrred in by Chief Justice Bartlett
end Justices Scabury. Chase, Hogan
and Miller. Justice Collins wrote
dissenting opinion. The constitutional
question is discussed by Chief Justice
BARTLETT. who says:
1T seems 70 me that the only con-
.titutional prohibition which can be re
lied upon with any confidence TO IN
pIoymeut Of aliens ia the provision OF
The Fourteenth Amendment OF the fed
eral Constitution. which declares that
no state shall deny 20 any persons
within its iuri SdictIon the equal pro-
lection Of the laws. ! can find no rea-
son 10 suppose, however. that the Four
'ccuth Amendment was designed TO
limit or restrict the rights Of a state
As an employer of labor The tonSu-
tuition could hardly have been intended
70 deprive the states Of equality WIN
private employers in this respcct.
The equal protection Of the laws,
saws Judge CardoZo, els due 20 aliens
As 10 citizens. but equal protection does
not mean that those who have no M
terest in the common property OF the
state must share in that property on
the same terms as those who have an
interest
In it's statement the Public Service
Commission points out the Importance
OF the decision, and declares that 1T
makes a crisis in the construction OF
the dual system OF rapid transit
The alien labor Law, which was
dead issue on the statute books until
the Bricklsyers and Masons' Union re-
vivcd H.. prohibits the employment Of
aliens on public works, and provides
that contracts on which alien labor was
employed shall be forfeited. 1t was
tested in the courts by both civil and
criminal suits.
William T. Helm brought q taXpay
-rs suit TO restrain the Public Service
Commission from declaring forfeited
contracts for the construction of sub
ways. Criminal proceedings were
brought against Clarence a. Crane, who
represented the contractors. Crane was
found guilty in Special Sessions and
fined $50
The case was appealed The Supreme