Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-03-25
SAYS STATE LABOR CODE
IS DEF|ED BY COURTS
Has Become GhasiIy Corpse in Many
Jurisdictions, According
to Dohcrfy.
RECEIVES LITTLE ASSISTANCE
State Labor Commissioner Rccites
ingenious Devices Adopted by
Courts to iff0rd I.oopiIoics
Through Which Guilty May Escape.

through Which Guilty May Escape.
Virginia Dor laws. passed in good
faith by tho General Assembly. arc
being swecDingly ignored by the petty
courts Of tho Commonwealth. according
to Labor Commissioner ]. r. Dohcrty
VINO. in sharp statement issued veg
t"rday. declares that his department,
has found .it practically Impossible 10
secure convictions where tho legal
lights Of th" localities are called upon
Ia preside over cases in which nersors
with political influence arc defendants
In siuric Virginia city recently
more than "a score Of dcfcnda nts were
found guilty Of labor law violations
as charged by agents Of the Labor
bureau. only to have their fines sus-
pended by tho court similar expert
encca in many sections OF the state have
forced Commissioner Doherty TO tho
conclusion that many of the minor
courts OF tho state arc effectively s.,-
ting at nausht the laws passed by tho
General Assembly against tho exploit
ing Of dcfcnselrss labor
NO DECISION ANNOUNCED
TWO YEARS AFTER TRIAL.
In one court, declares commissioner
with uncoiItruvcrted evidence that ,hcy
had violated the child labor laws The
cour; announced that ii would make
known its decision later. THAT was
nearly two years ago, and it's decision
has not Yet been made known.
The old legal term. oyer and
tcrnincr. meaning 10 hear and deter
mine" observed Mr.. Dohcrty could
hardly be applied to this court"
Speaking yesterday Of the extra
ordinary difficulties that beset his de-
partmcnt Commissioner pohcr,y said:
when the passage of labor laws by
the Legislature is sought by tho work
inG classes they are met with the ac-
tive opposition OF powerful lobbies re-
tained by the employing classes and
by the misguided. though often honest.
hostility OF conservative members.
After the statute is enacted aud pub
lished by authority as part OF the law
OF the land, the constabulary. duly
constituted and charged with the duty
those mad. for the bencft OF The
;oilers It consequently becomes
necessary to create new Offices and
MI them with friends OF tho working
class and specially charge them with
the task OF enforcing these laws
OpEN HOSTILITY no
POLICY OF THE LAW
But The third difficulty is the most
unreaSoninc OF all---thc inertia OF tho
courts. their failure TO act and some
times. their hostility to the policy Of
tho law. II is this third difficulty
which is giving us now the greatest
concern.
''ro avoid the charge Of disrespcct
for the judicial ermine. it may be we'll
TO cite few concrete examples OF the
decisions OF some courts in cases in
NolvinG, infraction OF the labor laws
~ prosecution was brought against
a firm for violation of the scminonthly
pay law. Proof was offered that OPP
eratives in the machine shop. black
smith shop, cooper shop and carpenter
shop we're not paid oftener than once
a month, and the evidence WAS not
denied by the defendant. company The
court decided that the whole plant
was ii sawmili and therefore came
within the exempting clause Of the
law.
In a case under the child labor law
where the Justice had found the de-
fendant guilty OF working a child nine
years old. upon an appeal TO supe-
rlor court and submission to jury.
the facts being plain and admitted. the
jury found the defendant not guilty.
For violation Of the law requiring
seats for female employees. where the
defendant pleaded guilty, the court de-
cided that the Commissioner Of Labor
should have designated the Kind Of
seats. and so found the defendant not
guilty.
NOT GUILTY BECAUSE
IGNORANT OF TIL; LAW
Another charged with Il breach of
the child-iabor law pleaded guilty. but
that he was Ignorant of the law. The
court held that the defendant had now
heard the law discussed and would be
familiar with it i'm the future. and
therefore, the defendant was found not
guilty
Under the same law. the manager
Of n firm entered a formal plea OF
guilty. but that he was ignorant of
the law. The court held that, as he
had been manager only six months and
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