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if partly in two or more counties, such bond or a certified copy thereof shall be filed in the clerk's office of each county.
Actions may be brought for a breach of such bond by any laborer not paid in accordance with its terms, and the commencement or maintenance of an action by one or more laborers thereon shall not be a bar to the commencement and maintenance of other actions thereon by other laborers. No action shall be maintained against the sureties, unless brought within thirty days after the completion of the labor the payment of which is secured by the bond.
Derived from L. 1850, ch. 278, §§ 1-3.
Laborers are those who perform labor on canals and do not include sub-contractors. (Swift v. Kingsley, 24 Barb. 541; and see McCluskey v. Cromwell, 11 N. Y. 593.)
A BILL TO AMEND THE LABOR LAW, IN RELATION TO CASH PAYMENT OF WAGES.*
Section 1. Section nine of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter thirty-two of the general laws," is hereby amended to read as follows:
§ 9. Cash payment of wages.-Every manufacturing, mining, quarrying, mercantile, railroad, street railway, canal, steamboat, telegraph and telephone company, every express company, and every water company, not municipal, and every person, firm or corporation, engaged in or upon any public work for the state or any municipal corporation thereof, either as a contractor or a subcontractor therewith, shall pay to each employee engaged in his, their or its business the wages earned by [him] such employee in cash. No such company, person, firm or corporation shall hereafter pay [its] such employees in script, commonly known as store money-orders. No person, firm or corporation engaged in carrying on public work under contract with the state, or with any municipal corporation of the state, either as a contractor or subcontractor therewith, shall, directly or indirectly, conduct or carry on what is commonly known as a company store, if there shall, at the time be any store selling supplies, within two miles of the place where such contract is being executed. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor. § 2. This act shall take effect immediately.
HOURS OF LABOR.
THE LABOR LAW (CHAPTER 415 OF THE LAWS OF 1897). Section 3. Eight hours shall constitute a legal day's work for all classes of employees in this state except those engaged in farm and domestic service unless otherwise provided by law. This section does not prevent an agreement for overwork at an increased compensation, except upon work by or for the state or a municipal corporation or by contractors or subcontractors therewith. Each contract to which the state or a municipal corporation is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the
*This bill was passed by the Legislature, and approved by the Governor April 24, becoming chapter 316 of the laws of 1906.
contract shall be permitted or required to work more than eight hours in any one calendar day except in cases of extraordinary emergencies caused by fire, flood or danger to life or property. The wages to be paid for a legal day's work as hereinbefore defined to all classes of such laborers, workmen or mechanics upon all such public works or upon any material to be used upon or in connection therewith shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such public work on, about or in connection with [which] such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipulation that each such laborer, workman or mechanic employed by such contractor, subcontractor or other person on, about or upon such public work shall receive such wages herein provided for. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of this section; and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the state or of a municipal corporation pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract which in its form or manner of performance violates the provisions of this section, but nothing in this section shall be construed to apply to persons regularly employed in state institutions, or to engineers, electricians and elevator men in the department of public buildings during the annual sessions of the legislature. [As amended by L. 1899, ch. 567 and L. 1900, ch. 298.]
Constitutionality.-"There is no express or implied restriction to be found in the Constitution upon the power of the Legislature to fix and declare the rate of compensation to be paid for labor or services performed upon the public works of the State" (Clark v. State of New York, 142 N. Y. 105). Principle reasserted in 1904 (Ryan v. City of New York, 177 N. Y. 271) in so far as the provision regarding the prevailing rate of wages relates to public employees; but unconstitutional in so far as it affects employment by a contractor on municipal works (People ex rel. Rodgers v. Coler, 166 N. Y. 1 ), where it was further held that if the contract contain a stipulation to comply with this clause of the statute, such stipulation falls with the statute and is void (Parker, C. J., dissenting).
The eight-hour clause has also been held unconstitutional in so far as it affects employment by a contractor on municipal works (People ex. rel. Cossey v. Grout, 179 N. Y. 417, decided Nov. 29 1904; see also case cited under § 384-h of the Penal Code).
By virtue of an amendment to the Constitution accepted by the people in November, 1905, the Legislature is authorized to regulate the wages, hours of labor, etc., of persons employed by the State or its civil divisions or by contractors performing services for the State or its civil divisions. A Kansas statute similar to the above section 3 has been sustained by the Supreme Court of the United States as not in contravention of the United States Constitution (Atkins v. Kansas, 191 U. S. 207). On this general subject, see further Holden v. Hardy, 169 U. S. 366; People v. Phyfe, 136 N. Y. 554; People v. Havnor, 149 N. Y. 195; People v. Warren, 77 Hun, 120; People ex rel. Warren v. Beck 144 N. Y. 225; People v. Orange County Road Construction Co., 175 N. Y. 84; and cases cited in briefs of counsel in People ex rel. Cossey v. Grout, 179 N. Y. 417. § 4. Violations of the labor law. Any officer [,] agent or employee of this state or of a municipal corporation therein having a duty to act in the premises who violates, evades or knowingly permits the violation or evasion of any of the provisions of this act shall be guilty of malfeasance in office and shall be suspended or removed by the authority having power to appoint or remove such officer agent or employee, otherwise by the governor. Any citizen of this state may maintain proceedings for the suspension or removal
of such officer agent or employee or may maintain an action for the purpose of securing the cancellation or avoidance of any contract which by its terms or manner of performance violates this act or for the purpose of preventing any officer, agent or employee of such municipal corporation from paying or authorizing the payment of any public money for work done thereupon. [As amended by L. 1899, ch. 567.]
§ 21. Factory inspector to enforce provisions of article. The factory inspector* shall enforce all the provisions of this article. He shall investigate complaints made to him of violations of such provisions and if he finds that such complaints are well founded he shall issue an order directed to the person or corporation complained of, requiring such person or corporation to comply with such provision. If such order is disregarded the factory inspector* shall present to the district attorney of the proper county all the facts ascertained by him in regard to the alleged violation, and all other papers, documents or evidence pertaining thereto which he may have in his possession. The district attorney to whom such presentation is made shall proceed at once to prosecute the person or corporation for the violations complained of, pursuant to this chapter and the provisions of the penal code. If complaint is made to the factory inspector* that any person contracting with the state or a municipal corporation for the performance of any public work fails to comply with or evades the provisions of this article respecting the payment of the prevailing rate of wages, the requirements of hours of labor or the employment of citizens of the United States or of the state of New York, the factory inspector* shall if he finds such complaints to be well founded, present evidence of such non-compliance to the officer, department, or board having charge of such work. Such officer, department or board shall thereupon take the proper proceedings to revoke the contract of the person failing to comply with or evading such provisions. 1899, ch. 192.]
THE PENAL CODE.
[Added by L.
[§ 384h. Hours of labor to be required. Any person or corporation, 1. Who, contracting with the state or a municipal corporation, shall require more than eight hours' work for a day's labor, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each offense. If any contractor with the state or a municipal corporation shall require more than eight hours for a day's labor, upon conviction therefor, in addition to such fine, the contract shall be forfeited at the option of the municipal corporation.]
So much of this section as concerns contractors with the State or municipalities was held to be unconstitutional by the Court of Appeals, April 28, 1903 (People v. Orange County Road Construction Company, 175 N. Y. Rep. 84).
PREFERENCE TO LOCAL LABOR.
§ 13. Preference in employment of persons upon public works.—In the construction of public works by the state or a municipality, or by persons contracting with the state or such municipality, only citizens of the United States shall be employed; and in all cases where laborers are employed on any such public works, preference shall be given citizens of the state of New York. In each contract for the construction of public works a provision shall *Superseded by the Commissioner of Labor, 1901.
be inserted, to the effect that if the provisions of this section are not complied with, the contract shall be void. On and after May first, nineteen hundred and two, all boards, officers, agents or employees of cities of the first class of the state, having the power to enter into contracts which provide for the expenditure of public money on public works shall file in the office of the commissioner of labor the names and addresses of all contractors holding contracts with said cities of the state. Upon the letting of new contracts the names and addresses of such new contractors shall likewise be filed. Upon the demand of the commissioner of labor a contractor shall furnish a list of the names and addresses of all sub-contractors in his employ. Each contractor performing work for any city of the first class, shall keep a list of his employees, in which it shall be set forth whether they are naturalized or native born citizens of the United States, together with, in case of naturalization, the date of naturalization and the name of the court where such naturalization was granted. Such lists and records shall be open to the inspection of the commissioner of labor. A violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not less than thirty nor more than ninety days, or by both such fine and imprisonment. [As amended by L. 1902, ch. 454.]
Derived from L. 1889, ch. 380, § 2, and L. 1894, ch. 622, amending L. 1870, ch. 385, § 2. The statute of 1894. making it a crime for a contractor with a municipal corporation for the construction of public works to employ alien laborers thereon, was held in 1895 to be an unconstitutional invasion of personal rights and also a violation of a treaty of the United States with Italy (People v. Warren, 13 Misc. 618).
[§ 14. Stone used in state or municipal works. All stone used in state and municipal works, except paving blocks and crushed stone, shall be worked, dressed and carved within the state. There shall be inserted in each contract or specification hereafter awarded by state, county or municipal authorities, authorizing or requiring the use of worked, dressed or carved stone, except paving blocks or crushed stone, within the state or such county or municipality, a clause to the effect that such stone shall be so worked, dressed or carved within the boundaries of the state as required by this section. If a contractor of the state or any municipality therein shall use stone, except paving blocks and crushed stone, which has been worked, dressed or carved without the state, the state or such municipality shall revoke the contract of such contractor and be released from liability thereon.]
Derived from L. 1894, ch. 277, as amended by L. 1895, ch. 413.
So far as the section relates to contracts for municipal works, it was held unconstitutional in March 1901 (People ex rel. Treat v. Coler, 166 N. Y. 144), where it was also held that if a contract contain a clause binding the contractor to comply with the section, such clause is void (Parker, C. J., dissenting).
PROHIBITING THE SUB-LETTING OF PUBLIC CONTRACTS.
LAWS OF 1897, CHAPTER 444.
AN ACT to prohibit the assignment and subletting of public contracts. Section 1. A clause shall be inserted in all specifications or contracts hereafter made or awarded by the state, or by any county, or any municipal corporation, or any public department or official thereof, prohibiting any contractor, to whom any contract shall be let, granted or awarded, as required by law, from assigning, transferring, conveying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power
to execute such contract to any other person, company or corporation, without the previous consent in writing of the department or official awarding the same.
§ 2. If any contractor, to whom any contract is hereafter let, granted or awarded, as required by law, by the state, or any county, or any municipal corporation in the state, or by any public department or official thereof, shall, without the previous written consent specified in section one of this act, assign, transfer, convey, sublet, or otherwise dispose of the same, or his right, title or interest therein, or his power to execute such contract, to any other person, company or other corporation, the state, county, municipal corporation, public department, or official as the case may be, which let, made, granted or awarded said contract shall revoke and annul such contract, and the state, county, municipal corporation, public department or officer, as the case may be, shall be relieved and discharged from any and all liability and obligations growing out of said contract to such contractor, and to the person, company, or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of the same, and said contractor, and his assignee, transferee, or sub-lessee, shall forfeit and lose all moneys, theretofore earned under said contract except so much as may be required to pay his employees; provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by such contractor for the benefit of his creditors, made pursuant to the statutes of this state.
§ 3. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
§ 4. This act shall take effect immediately.
LABOR STIPULATIONS UNDER THE CITY CHARTER OF BUFFALO.
LAWS OF 1891, CHAPTER 105 (TITLE XXIV).
Section 504. In contracting for any work required to be done by the city, a clause shall be inserted that the contractor submitting proposals shall bind himself in the performance of such work not to discriminate either as to workmen or wages against members of labor organizations or to accept any more than eight hours as a day's work, to be performed within nine consecutive hours. Nor shall any man or set of men be employed for more than eight hours in twenty-four consecutive hours, except in case of necessity; in which case pay for such labor shall be at the rate of time and a half for all time in excess of such eight hours.
THE GATES BILL "TO AMEND THE LABOR LAW RELATIVE TO LABOR ON PUBLIC WORK."
[The adoption at the election last November of the constitutional amendment empowering the Legislature to regulate the conditions of employment on public work has been followed by the introduction of several bills to establish the eight-hour day and prescribe the prevailing rate of wages. One of the bills simply reenacts the law as it stood before it was declared invalid by the courts; but as that law was found difficult to enforce and contained, moreover, a forfeiture clause of doubtful constitutionality, many now favor an amended law. The following is a copy of the bill introduced by Assemblyman Gates. It will be noted that the eight-hour provision on contract work, contained in subdivision 2 of section 3-a is a close copy of the eight-hour bill that the American Federation of Labor has for several years been urging upon Congress.]
AN ACT TO AMEND THE LABOR LAW RELATIVE TO LABOR ON PUBLIC WORK.
Section 1. Section three of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor