Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
In the British Parliament last year (and the identical bill has
been introduced in the State of New York under championship of the
Consumers League, as applied to women and children), a bill was
introduced,[1] not backed, however, by the government as such,
although bearing the name of Lloyd-George, providing in effect that
wages might be fixed in this manner in certain definite named trades,
and also in such other trades as might be designated from time to time
by the home secretary. The economic effect of such measures we are not
to discuss. In the United States, except as to public work, they would
be probably unconstitutional.
[Footnote 1: Since enacted, see below in chap. XI.]
Coming, therefore, to public work, we use this phrase for all labor
contributed directly to the State, to any county, city, town, village,
or municipality thereof, to any municipal-owned public-service
corporation, gas, water, etc., company, or, finally, and most
important, to or under any contractor for the same, or any of them.
Some years ago the State of New York adopted legislation to the effect
that in all such public employment the wages paid should be the usual
rate paid for similar work in the same locality at the same time. As
a result of this legislation, many thousands of lawsuits were brought
against the City of New York by persons who had done labor for that
municipality in the past, complaining that they had not in fact been
paid "the prevailing rate," although in fact the work had long since
terminated, and they had been discharged, paid in full, and apparently
satisfied. Shortly after, the law itself was declared unconstitutional
by New York courts. Thereupon the labor interests proposed a
constitutional amendment in 1905, to the effect that "the legislature
may regulate and fix the wages or salaries, the hours of work or
labor, and make provision for the protection, safety, and welfare of
persons employed by the State or by any county, city, town, village,
or other civil subdivision of the State, or by any contractor or
subcontractor performing work, labor, or services for the State or for
any city, county, town, village, or other civil division thereof." A
very small proportion of the voters of New York took the trouble to
vote upon this amendment, although it revolutionized the economic, if
not the constitutional, system of the State, so far as property and
contract rights are concerned; and it was adopted by a substantial
majority. In Indiana there was a statute at one time fixing the rate
of wages in public employment at a minimum of not less than fifteen
cents per hour, but it was held unconstitutional. It is customary in
New England villages to vote annually that the town shall pay its
unskilled labor a prescribed rate for the following year, usually two
dollars per day. The effect of this has been sometimes to cause the
discharge of all but the very most skilful and able-bodied; of those
Public-domain text, read in full here on John Shaqi.
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