The Connecticut labor news., 1921-07-22
UNTERMEYER ADVISES
Continued from Page One.)

rents and the cost of fuel and light have in fact increased, the proof comes from all directions and IS con- elusive that on general balance of the items that go to make up the cost Of living there has been decrease throughout the leading cities of the county slightly in excess of the pro- posed reduction. All the facts and official figures on which the finding is made are before me and they are practically uncontradicted, although the council has been afforded every opportunity to controvert them,
 But, unfortunately, the case is not so simple. Other factors must be taken into account and other issues have been injected into the contro- versy by the council, and very prop erly so, if its contentious are sus- tained by the evidence.
 1t IS Claimed:
 I. That there was an understand ing that the wage scale should be governed by that prevailing ip the City of New York, and that the proximity of the two counties and the similarity of living and labor condi tions renders this just and desirable in the best interests of the building interest i'll WestChester county.
 
 chester county have an inchoate ar rangement or understanding by which they add large profits on labor i'll the estimates they furnish their custom CTS, and that accordingly they and not the general public would mainly benefit by the proposed wage reduc- ton.
 B. That labor is being exploited, to some extent by contractors who are charging the public eXhorbitant prof it's over and above the wages they pay their men, From this premise it is argued that-as we lawyers express this wage reduction on the grounds of equity due to the changed condi- tions and the cost of living, do not come into court with clean hands"
 4. That the employers did not mo- tify the council prior to December I, 1920 of theN intention to demand a change in the contract on the subject of wages as provided by the agree ment, of which Section II of the con tract between the employers and the master carpenters of Mount Vernon is an illustration, and that they are therefore bound in that respect by the arrangement of August, 1920, until the end of the contract term.
 On the four propositions advanced by the Council 1 find as follows:
 No Understanding of Charge.
 That although there was some dis cussion on the subject there was nothing said or done by either of the parties that could be regarded as an understanding or agreement, express ed or implied, that the course of wages should be changed, fixed or de termined by the wage scale prevailing in the City of New York.
 1 see no sufficient reason why the wages to be charged in WestChester county should be not determined up on it's merits.
 In order to aid me in the gath ering of facts with respect to the sec ohd contention, l have had a firm of independent English chartered ac- countants of the highest reputation make such investigation of the ac- counts of two of the largest builders as the limite dtime at my disposal would permit.
 It will be observed that insofar as they were able to investigate, the charges are not sustained. am sat isfled also from independent inVestl- gations that the contractors are not earning excessive, or eVen reasonable profits on the volume of their buSl- ness. They are entitled to earn al least 7N per cent. year in and year out on their volume of business, in cluding sub-contracts for which they are responsible. l am satisfied also, that the charge made against them that in in eir estimates they have been adding S per day to the cost of la bor, is not sustained, but l am ,.ot satisfied and am unable 10 hnr that in their estimates they have figured only the prices they are paying for labor before adding their percentages of overhead and profits. It is inpos- sible to determine this important fac tor from their accounts, by reason of the way in which their books are kept and their estimates made. The bur den is upon them in that respect and they have not borne it,