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HEARINGS

BEFORE THE

173-

COMMITTEE ON EDUCATION AND LABOR

OF THE

UNITED STATES SENATE.

FIRST SESSION FIFTY-SEVENTH CONGRESS.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1902.

H15117
.U4 44

1902a

873

EIGHT HOURS FOR LABORERS ON GOVERNMENT WORK.

HEARINGS BEFORE THE COMMITTEE ON EDUCATION AND LABOR OF THE UNITED STATES SENATE ON THE BILL H. R. 3076, AN ACT LIMITING THE HOURS OF DAILY SERVICE OF MECHANICS AND LABORERS EMPLOYED UPON WORK DONE FOR THE UNITED STATES OR ANY TERRITORY, OR THE DISTRICT OF COLUMBIA, THEREBY SECURING BETTER PRODUCTS, AND FOR OTHER PURPOSES.

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AN ACT limiting the hours of daily service of laborers and mechanics employed upon work done for the United States, or any Territory, or the District of Columbia, thereby securing better products, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every contract hereafter made to which the United States, any Territory, or the District of Columbia is a party, and every such contract made for or on behalf of the United States, or any Territory, or said District, which may require or involve the employment of laborers or mechanics, shall contain a provision that no laborer or mechanic doing any part of the work contemplated by the contract, in the employ of the contractor or any subcontractor contracting for any part of said work contemplated, shall be required or permitted to work more than eight hours in any one calendar day; and each and every such contract shall stipulate a penalty for each violation of the provision directed by this act of $5 for each laborer or mechanic, for each and every calendar day in which he shall labor more than eight hours; and any officer or person designated as inspector of the work to be performed under any such contract, or to aid in enforcing the fulfillment thereof, shall upon observation or investigation report to the proper officer of the United States, or any Territory, or the District of Columbia, all violations of the provisions in this act directed to be made in each and every such contract, and the amount of the penalties stipulated in any such contract shall be withheld by the officer or person whose duty it shall be to pay the moneys due under such contract, whether the violation of the provisions of such contract is by the contractor, his agents or employees, or any subcontractor, his agents or employees. No person on behalf of the United States, or any Territory, or the District of Columbia, shall rebate or remit any penalty imposed under any provision or stipulation herein provided for, unless upon a finding which he shall make up and certify that such penalty was imposed by reason of an error in fact.

Nothing in this act shall apply to contracts for transportation by land or water, nor shall the provisions and stipulations in this act provided for affect so much of any contract as is to be performed by way of transportation, or for such materials as may usually be bought in open market, whether made to conform to particular specifications or not. The proper officer on behalf of the United States, any Territory or the District of Columbia, may waive the provisions and stipulations in this act provided for as to contracts for military or naval works or supplies during time of war or a time when war is imminent. No penalties shall be exacted for violations of such provisions due to extraordinary emergency caused by fire or flood, or due to danger to life or loss to property. Nothing in this act shall be construed to repeal or modify chapter 352 of the laws of the Fifty-second Congress, approved August 1, 1892, or as an attempt to abridge the pardoning power of the Executive.

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