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22. An applicant may be registered in any occupation of Schedule A other than those mentioned in the preceding paragraph, or in any trade of Schedule B, if he presents with his application any of the following properly filled out and signed, viz:
(a) Forms 18 and 20.
23. Chief petty officers, petty officers of the first, second, and third class of
seaman branch," seaman gunners,” and “marines,” whose honorable discharges or continuous-service certificates show that they are proficient in ordnance work, and that their average conduct is marked 4 or better, may be registered as
ordnance men " or general helpers," upon filling out blank "Navy Yard Orders, Form 17” and “ Navy Yard Orders, Form 18.” Chief petty officers, petty officers of the first, second, and third class of the artificer branch,” and firemen, shipwrights, and sailmakers, and seamen, and ordinary seamen, whose honorable discharges or continuous-service certificates show that they are proficient in their respective ratings, and that their average conduct
marked 4 or better, may be registered in such occupations or trades as correspond to the respective ratings in which they served, upon filling out blank “Navy Yard Orders, Form 17 ” and “Navy Yard Orders, Form 18."
24. Persons included in paragraph 23 after a service of twelve years in the Navy or Marine Corps, exclusive of apprentice service, may at any time within two years after the date of their last discharge be registered under (c) Clause I (see paragraph 27).
25. Persons included in paragraph 23 after a service of six years in the Navy or Marine Corps, exclusive of apprentice service, may at any time within two years after the date of their last discharge be registered under Clause II (see paragraph 27).
26. The term of eligibility for certification by the board of a registered applicant shall be one year from the date on which the name of the applicant is entered upon the register, and the name of a registered applicant shall then be dropped from the register unless he presents to the Labor Board during the last month of the term of his eligibility a request in writing (Navy Yard Orders, Form 29) that his name and number be continued on the list. When this is done his term of eligibility shall be extended for one year, and this extension may be renewed each succeeding year in the manner above described, but shall not carry with it an extension of the period during which preference is given for “excellent” workmanship.
27. The name of each registered applicant will be certified for employment in the order of registration, by trades; preference being given as follows:
Clause 1. (a) Veterans of the war of the rebellion and those who served in the naval or military service of the United States during the Spanish-American war in foreign waters or on foreign soil who were subsequently honorably discharged.
(6) Those who served in the naval or military service of the United States during the war of the rebellion who did not reach the front and who were subsequently honorably discharged, and those who served in home waters or
on home soil-not at the front-in the naval or military service of the United States during the Spanish-American war and who were subsequently honorably discharged.
(c) Those who have served in the Navy or Marine Corps since the war of the rebellion for a period of twelve years or more, exclusive of apprentice service and who were honorably discharged therefrom.
(d) Those who have served in the naval or military service of the United States since the war of the rebellion and have been honorably discharged therefrom by reason of disability resulting from wounds or sickness incurred in the line of duty.
Clause II. (a) Those who have given satisfaction in navy yard work in the same or in an allied trade to that for which requisition is made, and who present certificates or discharge cards from the head of department under whom they severally served, showing that their workmanship was “excellent” and conduct not less than “good.”
(6) Those who have served in the Navy or Marine Corps for a period of six years or more, exclusive of apprentice service, in the same or in an allied trade to that for which requisition is made and whose honorable discharge or continuous-service certificates show that they are proficient in their respective ratings and that their average conduct is marked 4 or better.
Clause III. All others on the register.
28. When a registered applicant is needed he will be notified by postal card when and where to report for work.
29. A registered applicant must keep the Board of Labor Employment informed of any change he may make in his post office address. An applicant who does not comply with this rule will not be excused for failure, in consequence of such noncompliance, to report for work at the time designated on the postal card mailed him by the board.
W. H. MOODY,
SECURITY OF WAGES OF EMPLOYEES ON PUBLIC WORKS.
ACT OF FEBRUARY 24, 1905. The act entitled “An act for the protection of persons furnishing materials and labor for the construction of public works," approved August thirteenth, eighteen hundred and ninety-four, is hereby amended so as to read as follows:
“Hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or for the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract; and any person, company, or corporation who has furnished labor or materials used in the construction or
*For a list of the individual states that have adopted similar regulations, see the text abovo page lxxvij.
repair of any public building or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the United States. If the full amount of the liability of the surety on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. If no suit shall be brought by the United States within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the Department under the direction of which said work has been prosecuted that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said contract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of the United States in the circuit court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in controversy in such suit, and not elsewhere, for his or their use and benefit, against said contractor and his sureties, and to prosecute the same to final judgment and execution: Provided, That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof, and shall be commenced within one year after the performance and final settlement of said contract, and not later; And provided further, That where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, and not later. If the recovery on the bond should be inadequate to pay the amounts found due to all of said creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on said bond may pay into court, for distribution among said claimants and creditors, the full amount of the sureties' liability, to wit, the penalty named in the bond, less any amount which said surety may have had to pay to the United States by reason of the execution of said bond, and upon so doing the surety will be relieved from further liability: Provided further, That in all suits instituted under the provisions of this act such personal notice of the pendency of such suits, informing them of their right to intervene as the court may order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circulation, published in the State or town where contract is being performed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor.”
Section 653d (added by chap. 505 of the Acts of 1905). Every person who employs laborers upon public works, and who takes, keeps, or receives for his own use any part or portion of the wages due to
any such laborers from the State or municipal corporation for which such work is done, is guilty of a felony.
THE HOURS OF LABOR.
ACT OF AUG. 1, 1892. Section 1. The service and employment of all laborers and mechanics who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency.
§ 2. Any officer or agent of the Government of the United States or of the District of Columbia, 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 United States or of the District Columbia 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.
GOVERNMENT PRINTING OFFICE.
ACT OF MARCH 30, 1888. Section 1. *
the public printer is hereby directed to rigidly enforce the provisions of the eight hour law in the department under his charge.
ACT OF JANUARY 12, 1895. § 47. The public printer shall cause work to be done on the public printing in the Government Printing Office at night as well as through the day, when the exigencies of the public service require it, but the provisions of the existing eight hour law shall apply.
ACT OF MAY 24, 1888. Section 1. Hereafter eight hours shall constitute a day's work for letter carriers in cities or postal districts connected therewith, for which they shall receive the same pay as is now paid for a day's work of a greater number of hours. If any letter carrier is employed a greater number of hours per day than eight he shall be paid extra for the same in proportion to the salary now fixed by law.
This statute does not require that the eight hour service shall relate exclusively to the free distribution and collection of mail matter, nor does it otherwise define the nature of said service. It is necessary only that one should be a letter carrier and be lawfully employed in work that ig not inconsistent with his general business under his employment in order that he may recover for any employment for a greater number of hours per day than eight: 148 U. S. 124. ACT OF JUNE 2, 1900. Section 1. *
letter carriers may be required to work as nearly as practicable only eight hours on each working day, but not in any event exceeding forty-eight hours during the six working days of each week; and such number of hours on Sunday, not exceeding eight, as may be required by the needs of the service; and if a legal holiday shall occur on any working day, the service performed on said day, if less than eight hours, shall be counted as eight hours without regard to the time actually employed.
CONSTITUTION-ARTICLE 20. Section 17 (as amended, 1902). The time of service of all laborers or workmen or mechanics employed upon any public works of the State of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public works and prescribe proper penalties for the speedy and efficient enforcement of said law.
ACTS OF 1903, CHAPTER 107. Section 1. The time of service of any laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works aforesaid, who employs, or who directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war.
§ 2. Any officer or agent of the State of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political subdivision in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall