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by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in accordance with the policy of the State relating to such work.
§ 3. It is made the duty of all officers or agents authorized to contract for work to be done in behalf of the State of Washington, or any political subdivision created under its laws, to stipulate in all contracts as provided for in this act, and all such officers and agents, and all officers and agents entrusted with the supervision of work preformed under such contracts, are authorized, and it is made their duty, to deelare any contract canceled, the execution of which is not in accordance with the public policy of this State as herein declared.
Supplements chap. 101, acts of 1899.
ACTS OF 1899, CHAPTER 17.
Section 1. Eight hours shall constitute a day's work for all laborers, workmen, and mechanics, who may be employed by or on behalf of the State of West Virginia.
§ 2. The service and employment of all laborers and mechanics who are now or may hereafter be employed by or on behalf of the State of West Virginia or by any contractor or subcontractor upon any of the public works of the State of West Virginia is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the West Virginia State government or any such contractor or subcontractor whose duty it shall be to employ, direct or control the service of such laborers or mechanics to require or permit any such laborers or mechanics to work more than eight hours in any calendar day, except in case of extraordinary emergency.
§ 3. Any officer or agent of the State of West Virginia or any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the State of West Virginia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.
CONSTITUTION, ARTICLE 19.
Section 1. Eight (8) hours actual work shall constitute a lawful day's work in all mines and on all State and municipal works.
RATES OF WAGES.
ACTS OF 1897, CHAPTER 88.
Section 1. The minimum compensation to be paid for labor upon all work performed under the direction, control, or by the authority of any officer of this State acting in his official capacity, or under the direction, control, or by the authority of any municipal corporation within this State, or of any
officer thereof, acting as such, is hereby fixed at two (2) dollars per day; and a stipulation to that effect must be made a part of all contracts to which the State, or any municipal corporation therein, is a party: Provided, however, That this act shall not apply to persons employed regularly in any of the public institutions of the State, or any city, city and county, or county.
CODES AND STATUTES OF 1885.
Section 531 (as amended by chapter 74, Acts of 1891). The duties of the superintendent of state printing shall be as follows: He shall employ such compositors, pressmen and assistants, as the exigency of the work from time to time requires, and may at any time discharge such employees: Provided, That at no time shall he pay said compositors, pressmen, or assistants, a higher rate of wages than is paid by those employing printers in Sacramento for the like work. He shall at no time employ more compositors or assistants than the absolute necessities of the state printing may demand, and he shall not permit any other than state work to be done in the state printing office.
[See Eight Hour Law.]
[The act of March 9, 1901 (chap. 122; Rev. Statutes, 1901, secs. 7055a, 7055b), providing that unskilled labor employed on any public work of the state or municipalities receive not less than 20 cents an hour and that any contractor violating the statute shall be subject to fine and imprisonment, was held unconstitutional by the Supreme Court of Indiana in April, 1903 (Street v. Varney Electrical Supply Company, 66 Northeastern Reporter, p. 895; U. S. Labor Bulletin, Sept., 1903, p. 116), on the ground that municipal corporations are not governmental agencies in carrying out local improvements and hence cannot be deprived of their constitutional liberty to contract for labor on their own terms; and on the further ground of class legislation, as the act was limited to unskilled labor.]
RATES OF WAGES.
CHAPTER 447.-STATE PRINTING OFFICE-EMPLOYEES Section 15. The State printer shall have authority to employ a bookkeeper, stenographer, and such foremen, proofreaders, mechanics and laborers as may be necessary to promptly and efficiently perform the duties of his office, and may discharge the same whenever he deems it advisable for the interest of the State. The compensation to be paid shall be no greater than that paid by other printing and binding offices employing the same class of labor. Approved March 3, 1905.
See also Eight-hour Law, p. cx, ante.
COMPILED STATUTES OF 1881, CHAPTER 12a.
Section 838. "There shall be in each city of the metropolitan class a board of public works The said board of public works shall regulate and fix the compensation of all inspectors and wages of employees that are
under the supervision of said board or said commissioners, which wages shall not be less nor more than current wages for that class of daily labor."
ACTS OF 1903, CHAPTER 17.
Section 123. In all cities governed by this act [cities having less than forty thousand and more than twenty-five thousand inhabitants], where work is performed upon the streets, sewers, boulevards or in parks, etc., or by virtue of any contract with any person, company, or companies, or corporations, for such city, shall be done by union labor and be paid for at the rate of two dollars ($2) per day: Provided, That when skilled labor is employed by the city, said labor shall be paid the current scale of union wages: Provided, That eight hours shall constitute a day's labor.
Approved April 6, 1903.
[See Appendix I, p. lxxxvii, ante.]
TITLE 45.-EMPLOYMENT OF LABOR, ETC.-GOVERNMENT PRINTING OFFICE. (Page 2549. Act of January 12, 1895.)
Section 39. The public printer shall pay no greater price for composition than fifty cents per thousand ems, to pressmen fifty cents per hour, and forty cents per hour for time work to printers and bookbinders: Provided, That the pay of all employees of the Government Printing Office engaged on night work (between the hours of five o'clock post meridian and eight o'clock ante. meridian) shall be twenty per centum in addition to the amount paid for day labor.
(Page 2600. Act of June 6, 1900.)
the public printer may hereafter, in his discretion, pay all printers, bookbinders, and leather parers employed by the Government Printing Office at the rate of fifty cents per hour for time actually employed.
EMPLOYMENT OF ALIENS.
ACT OF MARCH 3, 1875.
Section 2. In all contracts for material for any public improvement, the Secretary of War shall give preference to American material; and all labor thereon shall be performed within the jurisdiction of the United States. *
ACTS OF 1901, CHAPTER 185.
Section 1. No person, except a native-born or naturalized citizen of the United States, shall be employed in any department of the state, county, city and county, or incorporated city or town government in this state.
§ 2. It shall be unlawful for any person, whether elected, appointed or commissioned to fill any office in either the state, county, city and county, or incorporated city or town government of this state, or in any department thereof, to appoint or employ any person to perform any duties whatsoever,
except such person be a native-born or naturalized citizen of the United States.
§ 3. No money shall be paid out of the state treasury, or out of the treasury of any county, or city and county, or incorporated city or town, to any person employed in any of the offices mentioned in section two of this act, except such person shall be a native-born or naturalized citizen of the United States.
ACTS OF 1903, No. 37.
Section 1. No person shall be employed as a mechanic or laborer upon any public work carried on by this territory, or by any political subdivision thereof, whether the work is done by contract or otherwise, unless such person is a citizen of the United States, or eligible to become a citizen: Provided, however, In the event unskilled citizen labor, or unskilled labor eligible to become citizen labor, cannot be obtained to do the required work, the superintendent of public works, or the county board of control, or the mayor, or other chief executive of any municipality, respectively, shall have the power to issue permits to employ other than citizen, or eligible to become citizen, unskilled labor until said citizen, or eligible to become citizen, unskilled labor can be obtained.
CONSTITUTION, ARTICLE 13.
Section 5. No person, not a citizen of the United States, or who has not declared his intention to become such, shall be employed upon, or in connection with, any state or municipal works.
POLITICAL CODE OF 1901, CHAPTER 16.
Section 655. No person not a citizen of the United States, or who has not declared his intentions to become such, or who is not eligible to become such, shall be employed upon any state or municipal works; nor shall any such person be employed by any contractor to work on any public works of the State or any municipality: Provided, That any state prisoner may be employed within the state prison grounds and as provided in section three, article 13 of the constitution.
§ 656. No county government or municipal or private corporation organized under the laws of this state, or organized under the laws of another state or territory or in a foreign country and doing business in this state, shall give employment in any way to any alien who has failed, neglected, or refused, prior to the time such employment is given, to become naturalized or declare his intention to become a citizen of the United States.
§ 657. Whenever employment has been innocently given to any alien by any county government, municipal or private corporation mentioned in section 655, and complaint shall be made in writing by any person to the officer of the county government, or municipal corporation, or general manager, superintendent, foreman, or other agent of the private corporation, having charge of superintendency of the labor of such alien employee, that such employee is an alien, he shall forthwith discharge such employee from employment unless said employee shall produce his declaration to become a citizen, or his certificate of naturalization, or a duly certified copy thereof,
PENAL CODE, CHAPTER 219.
Section 4857. Any public officer or [of] any county government, or municipal corporation, or any general manager, superintendent, foreman, or other agent of any private corporation, or any contractor or agent of any company engaged in public work, who shall violate any of the provisions of sections 656 and 657 of the Political Code, who shall knowingly give employment to any alien or who having innocently given such employment shall on complaint being made to him by any person fail or refuse to discharge any such employees forthwith on the failure or refusal of such employee to produce for his inspection and the inspection of the complainant his declaration of intentions to become a citizen, or certificate of naturalization as provided in section 657 of the Political Code, shall be deemed guilty of a misdemeanor.
[The act of June 1, 1889, forbidding the employment of aliens on public work was held unconstitutional in 1903 (City of Chicago v. Hulburt, 68 N. E. 786).]
ACTS OF 1899, EXTRA SESSION, NO. 6.
Section 26 (as amended by Act No. 111, Acts of 1902). In all contracts made and executed by said [sewerage and water] board for the construction or repair of said public systems of sewerage, water and drainage, there shall be contained a clause that the contractor shall give the preference in employment to bona fide residents of the city of New Orleans, both as skilled and unskilled laborers, and shall not employ any nonresident laborers, skilled or unskilled (except confidential clerks, chief superintendents and chief engineers) as long as any resident laborer is ready, willing and able to do the work required; the penalty for each violation of this clause shall be the forfeiture of the sum of $25, for each person so unlawfully employed to be deducted by the board from the contract price due the contractor; and the general superintendent of said board shall have the authority to dismiss all persons employed in violation of this clause: Provided, That this clause shall not apply to skilled mechanics and machinists brought to the city of New Orleans by the manufacturers of machinery solely for the purpose of erecting and testing the same.
No person shall be considered a bona fide resident of the city of New Orleans under this clause of this act, unless he has actually resided in the city of New Orleans for one year prior to his employment.
REVISED LAWS OF 1902, CHAPTER 106.
Section 14 (as amended by Chapter 311 of the Acts of 1904). In the employment of mechanics and laborers in the construction of public works by the commonwealth, or by a county, city or town, or by persons contracting therewith, preference shall be given to itizens of the commonwealth and if they cannot be had in sufficient num rs, then to the citizens of the United States; and every contract for such work shall contain a provision to this effect. Any contractor who knowingly and wilfully violates the provisions of this section shall be punished by a fine of not more than one hundred ollars for each offense,