Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1915-02-12
BRIDGE TENDING
COST CLIMBING
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before this council" pursued the may.
or. Il believe that have proved that
| am friend of labor, but the Heron
street bridge swinging Is certainly one
OF those jobs where the eight hour law
should not apply"
Councilman J. ID. Walker amended
Wielands motion to the effect that tho
council should readvertise for bids for
the swinging of the Heron street
bridge, the work to be done In accord
ance with the provisions OF the state
labor law. Tho amendment carried
with nine ayes. Councilman u. A. Mi.
lette and Wieland voting no; Council
man Vandevort, absent.
olson's Letter.
Tho letter from State Labor Commits
sioner Olson to Councilman Wieland.
under date Of February s. reads:
Replying to your letter OF February
9th, wherein you make inquiry regard
ing the application OF the eight hour
public work law to the operation OF a
bridge across the Wishkah river, will
say that this matter came before this
department about a year ago at which
time an investigation was made and
the case laid before Mr.. ]. u. Stewart.
county prosecuting attorney. with a
view OF having the courts decide the
question at ISSUE
Mr. Stewart. however. declined to
prosecute the case, evidently from the
fact that an opinion had been rendered
by the attorney general to the effect
that the act applies only to persons
engaged In the performance of work
that could be termed as manual labor.
Tho opinion Is as follows
"Olympia Wn., April %. 1911,
Hon. Charles r. Hubbard.
Labor Commissioner.
Olympia. Wn.
Dear Sir;
We are In receipt of your inquiry Of
April IA last. which Is as follows:
- desire the Interpretation Of your
office regarding the state eight hour
law on public work claws 1908. p. SD
as to what class of employees this law
Includes: whether it includes all EN-
ployes employed by the state. counties
and cities. such ms clerks. bookkeepers.
policemen. watchmen, etc, or simply
employees employed by contractors en-
public work by day labor
"rhe legislature has passed two acts
on the subject about which you in
Quire, One is chapter lO1 of the Laws
of 1899. being section 65Is-657+ inclus-
I've. Rem. 4 Bal. The other Is chapter
"A OF the Laws OF 1908. being sections
6575-65T7 inclusive. Rem. 4 Bal. These
acts contain substantially the same
subject matter and should be read to-
gether. as was held in the case OF
State V. Davis. As Wash. liz.
1899 Act Does Not Apply.
"Since the act Of 1899 only applies
to work done by contract or sub
contract ON any building or improve
ments or works on roads. bridges.
streets. alleys or buildings for the
state or any county or municipality
within the state It has no bearing on
the question submitted.
section l OF the act of 1908 (67s5.
Rem. 4 BALD is as follows:
"1t is q part OF the public policy
OF the State OF Washington that all
work by contract or day labor done
for it. or any political subdivision Gre
ated by its laws shall be performed in
work days Of not more than eight hours
each. except in cases of extraordinary
emergency, No case of extraordinary
emergency shall be construed to exist
in any case where other labor can
be found TO take the place of labor
which has already been employed for
eight hours in any calendar day
Section of said act (6575. Rem. 4
Bald provides;
"An contracts for work for the State
OF Washington, or any political sub
diviscion created by its laws. shall pro-
vide that they may be cancelled by the
officers or agents authorized to con-
tract for or supervise the execution of
such work in case work is not per
formed in accordance with the pclicy
OF the state relating to such work
Section 3 Of said act (6511. Rem. 4
Bali makes it the duty Of all public
officers or agents to insert provision
in all contracts provided for by this
act to the effect that such contract
will be cancelled III case the work is
not done in accordance with the public
policy of the state as declared by this
act. and makes it their duty 70 forfeit
any contract or contracts which are
NOT performed III accordance with the
policy declared in this act.
Ambiguous Section.
THE only section IN the two acts
about which there is any ambiguity
as to the intent OF the legislature as TO
what class of employees should be af,
fscted by this legislation is Section I
Of the act Of 1893. being section e515
above quoted. This section is in the
nature of q preamble and declares the
public policy of the State of Washing