Syllabus by the Court.
Defendant
a paving contractor, in violation of article 4, c. 53, p
517, Laws 1908, being "An act to put into effect section
1 of article 23 of the Constitution, providing what shall
constitute a day's work in all cases of employment by and
on behalf of the state or any county or municipality
prescribing penalties for violations thereof," etc
employed Wm. Hammond and other laborers to labor on the
streets of Guthrie more than eight hours per day. Upon trial
and conviction in the county court of Logan county he
appealed to this court, contending tat the statute limiting
the time of labor on public work to eight hours a day was
unconstitutional. Held, that said statute is a
direction of the state to its agents, and is constitutional
and valid.
A
person who contracts for public works is not by reason of the
provisions of this statute deprived of his liberty or his
property without due process of law, nor denied the equal
protection of the laws within the meaning of the fourteenth
amendment.
Municipal
corporations are in every essential only auxiliaries of the
state for the purposes of local government. The Consitution
of Oklahoma expressly reserves to the state control over
public highways, including roads, streets, and alleys of all
municipalities. The paving of a street, whether done by the
state directly or by one of its municipalities, is a work of
a public, not private, character.
It is
within the power of a state, as guardian and trustee for its
people and having full control of its affairs, to prescribe
the conditions upon which it will permit public work to be
done on behalf of itself, its counties, cities, or other
municipalities. In the exercise of these powers, it may by
statute provide that eight hours shall constitute a day's
work for all laborers employed by or on behalf of the state
or any of its municipalities, and make it unlawful for any
one thereafter contracting to do any public work to require
such contractors to pay the current rate of daily wages.
Error
from Logan County Court; J. C. Strang, Judge.
G. L.
Byars was convicted of a violation of Eight-Hour Labor Law
(Sess. Laws 1908, p. 517, c. 53, art. 4), and he brings
error. Affirmed.
It is
within the power of a state to prescribe the conditions upon
which it will permit public work on behalf of itself,
counties, or cities, and it may provide that eight hours
shall constitute a day's work for all laborers employed
by the state or in a municipality, and make it unlawful for
any one contracting to do public work to require or permit a
laborer to work more than eight hours a day.
Plaintiff
in error, G. L. Byars (hereinafter designated as defendant),
was by information filed in the county court of Logan county
charged with a violation of the provisions of article 4, c.
53, p. 517, Sess. Laws 1908, commonly known as the
"Eight-Hour Labor Law," which information reads as
follows:
"In
the County Court of Logan County,
State
of Oklahoma.
"The
State of Oklahoma v. G. L. Byars,
Defendant.
"Information.
"In
the Name of and by the Authority of the State of Oklahoma
comes now James Hepburn, county attorney in and for Logan
county, Oklahoma, who prosecutes for and on behalf of said
state in all courts sitting in said county, and duly
authorized and empowered to inform of all offenses committed
or triable therein, and gives the court to know and be
informed that heretofore, to wit, on or about the 21st day of
January, A. D. 1909, at and within the county of Logan, and
State of Oklahoma, one G. L. Byars being then and there the
agent of one J. F. Hill, which said J. F. Hill then and there
had a contract for and on behalf of a certain municipality,
to wit, the city of Guthrie (a municipal corporation existing
under and by virtue of the laws of the State of Oklahoma) for
the paving, curbing, draining and guttering of a certain
street, to wit: Noble avenue in said city of Guthrie, did
then and there knowingly and unlawfully work and cause to be
worked one Wm. Hammond and other parties to affiant unknown
for more than eight hours for said day's work, which said
Wm. Hammond and other parties to affiant unknown were then
and there under the supervision and control of him the said
G. L. Byars.
"Contrary
to and in violation of the statutes in such case made and
provided, and against the peace and dignity of the state.
"James
Hepburn, County Attorney.
"State
of Oklahoma, County of Logan--ss.:
"C.
L. Dougherty being first duly sworn on oath says that he has
read and knows the contents of the within and foregoing
information, and that the allegations and statements therein
contained are true.
"C.
L. Dougherty.
"Subscribed
and sworn to before me this 28th day of Jan. A. D. 1909.
"[Seal.]
Carl L. Rice, Notary Public.
"My
commission expires April 25, 1911.
"State
of Oklahoma, County of Logan--ss.:
"James
Hepburn, being duly sworn upon oath, deposes and says that he
is the County Attorney in and for said Logan County,
Oklahoma, that he has read and knows the contents of the
within and foregoing information and that the allegations and
statements therein contained are true as he is informed and
verily believes.
"James
Hepburn, County Attorney.
"Subscribed
and sworn to before me this 28th day of Jan. 1909.
"[Seal.]
J. C. Strang, County Judge."
To
which information on said day defendant filed his demurrr as
follows:
"State
of Oklahoma v. G. L. Byars.
"Demurrer.
"Now
comes the defendant by Decius & Levy, his attorneys, and
demurs to the information, and for cause of demurrer says:
"First.
Said information does not set up a state of facts which
constitute a misdemeanor of any nature.
"Second.
That the statute under which same is purported to have been
instituted is unconstitutional and void.
"Third.
That the statute under which said information is instituted
is invalid because it contravenes the 14th amendment to the
Constitution of the United States.
"Decius & Levy,
"Attorneys
for Deferdant.'
This
demurrer was by the court overruled. Defendant excepted. The
defendant, being arraigned, entered a plea of "Not
guilty," and announced ready for trial. Whereupon the
state and the defendant waive a jury, and agree that the case
should be submitted to the court upon an agreed statement of
facts, as follows:
"State
of Oklahoma, Logan County--ss.:
"State
of Oklahoma v. G. L. Byars.
"Agreed
Statement of Facts.
"It
is hereby stipulated and agreed in the above cause as
follows: That Guthrie, Oklahoma, is a city of first class.
That one J. F. Hill, a contractor, entered into a contract
with reference to paving and guttering of a certain street in
said city (a copy of which contract is hereto attached and
made a part hereof). That one G. L. Byars, the defendant
above named, is agent of said J. F. Hill. That said G. L
Byars employed one William Hammond and others to perform
labor of shoveling dirt in the prosecution of said work on
Noble avenue in said city, and that said William Hammond was
permitted to work nine hours on each calendar day. That the
agreement with William Hammond is that he is to receive
twenty cents per hour, and no more. That said William Hammond
worked nine hours voluntarily, and that he was employed at
his own solicitation. That he was hired and employed without
knowledge or consent of the city of Guthrie, and that neither
the city or its officers had or exercised any control over
him. That the contract had no provision as to the number of
hours laborers should work per calendar day, nor any
provision as to their compensation, but left the matter free
as to
manner and means or performing the contract. That said work
was healthful outdoor work, not dangerous, hazardous, or in
any way injurious to life, limb, or health, and could be
performed for a period of nine hours each working day of the
week with out injury from so doing. That the labor he was
performing was in no respect or manner more dangerous to the
health or hazardous to life or limb than that of persons
doing the same kind or character of work as employés of
private corporations. That said work so done as provided in
said contract was to be paid for solely by the owners of the
property abutting on said street, and that said city was not
obligated to pay anything therefor. That said work was to be
done and performed under article 1, c. 10, p. 166, Sess. Laws
1907-1908, and that all of said work was to be paid for by
the property owners. That said city is obligated to take such
proceedings as are necessary to levy and collect assessment
therefor. That said J. F. Hill, contractor, entered into bond
conditioned that he would perform said work, and that he
would maintain same for a period of five years.
"State
of Oklahoma,
"By
James Hepburn,
"County
Attorney, Logan County.
"G.
L. Byars, Defendant.
"By
Decius & Levy, Attorneys.
"Contract.
"This
contract made and entered into this 11th day of December
1908, by and between J. F. Hill, of Chicago, Ill.,
hereinafter called the contractor, party of the first part,
and the City of Guthrie, Oklahoma, hereinafter called the
city, party of the second part, witnesseth: That whereas the
said contractor is the lowest and best bidder for making
improvements under and by virtue of the provisions of a
resolution passed by the city council of the city, on the
24th day of September, 1908, on the following street or
avenue, to wit: Noble avenue from the west line of Drexel
Boulevard to the east line of Fifteenth street by
constructing and guaranteeing for a period of five years, as
hereinafter provided, an asphalt pavement on the street or
avenue and the unpaved...
