In re J. T. Dalton

• Decision Date: 09 December 1899
• Docket Number: 11,603
• Citation: 59 P. 336,61 Kan. 257
• Parties: In re J. T. DALTON
• Court: Kansas Supreme Court

59 P. 336

61 Kan. 257

In re J. T. DALTON

No. 11,603

Supreme Court of Kansas

December 9, 1899

Decided July, 1899.

Original proceeding in habeas corpus.

STATEMENT.

THE petitioner, J. T. Dalton, complains that he is unlawfully restrained of his liberty by the sheriff of Geary county alleging that he is held in custody under a warrant issued by a justice of the peace in which he is charged with a violation of chapter 114, Laws of 1891. (Gen. Stat. 1897, ch 73, §§ 12-14; Gen. Stat. 1899, §§ 3710-3713.) The return of the sheriff to the writ sets out the complaint which was filed with the magistrate and upon which said warrant was issued. The first count was as follows:

"That at the county of Geary in the state of Kansas, on the 3d day of October, A. D. 1899, J. C. Zeigler and J. T. Dalton, being then and there contractors with the board of county commissioners of the county of Geary in the state of Kansas who had entered into a contract with said board by which they had contracted and agreed for a certain consideration to do or cause to be done all the labor, and to furnish all the materials for the construction of a certain public building to wit, a county court-house and jail, for and within said county, which contract was in full force and effect, and having hired C. W. Peterson to perform for them as such contractors certain labor in the construction of said buildings, to wit, the labor of laying stone as a stone-mason, did then and there, knowingly, wilfully and unlawfully permit and require the said C. W. Peterson to work, as aforesaid, more than eight hours, to wit, ten hours, on said calendar day, at and upon said labor of laying stone as a stone-mason, there being then and there no extraordinary emergency arising in time of war, nor any necessity for said C. W. Peterson, or any others engaged on or about said work, to work more than eight hours for the protection of property or of human life, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Kansas."

The second count, after alleging that Zeigler and Dalton had entered into a contract with the board of county commissioners for the performing of all labor and the furnishing of all material for the construction of the court-house and jail, set out that Zeigler and Dalton agreed with John Devine "to perform or cause to be performed for them, as such contractors, certain labor, to wit, the labor of the hauling from the quarry to said buildings stone to be used in said buildings at a certain price per perch," and did "knowingly, wilfully and unlawfully connive at, encourage and permit the said John Devine to require and permit James Walker and other laborers by him, the said John Devine, hired and employed in and about said work of so hauling said stone, to work more than eight hours . . . on said calendar day, there being no emergency," etc.

The third count charged that Zeigler and Dalton employed one John Devine to haul from the quarry to the building stone to be used therein, said Devine to receive for his wages a certain price per perch for the stone so hauled, and did permit him to labor at the work "more than eight hours, to wit, ten hours on a calendar day, there being no extraordinary emergency or necessity," etc.

The fourth count alleged that said Zeigler and Dalton, having employed C. W. Peterson to perform the labor of laying stone as a stone-mason on said building, and having agreed to pay him wages at the sum of thirty cents per hour, did unlawfully permit said Peterson to labor at said work "more than eight. hours, to wit, ten hours on a calendar day, there being no extraordinary emergency," etc.

The fifth count charged that Zeigler and Dalton hired and employed one Peterson to perform the labor of laying stone as a stone-mason, and did unlawfully hire said Peterson to labor on the basis of ten hours as constituting a day's work by contracting to pay him a certain sum, to wit, thirty cents per hour and no more, the current rate of wages for said work being then and there, in that locality, the sum of three dollars per day; and did unlawfully exact and require of Peterson that he should work ten hours each calendar day in order to be entitled to or be paid said current wage of three dollars per day.

The statute under which the petitioner is prosecuted reads:

"AN ACT constituting eight hours a day's work for all laborers, workmen, mechanics and other persons employed by or on behalf of the state of Kansas, or by or on behalf of any county, city, township or other municipality in said state, or by contractors or others doing work or furnishing material for the state of Kansas, or any county, city, township, or other municipality thereof, and providing penalties for violation of the provisions of this act.

Be it enacted by the Legislature of the State of Kansas:

"SECTION 1. That eight hours shall constitute a day's work for all laborers, workmen, mechanics or other persons now employed or who may hereafter be employed by or on behalf of the state of Kansas, or by or on behalf of any county, city, township or other municipality of said state, except in cases of extraordinary emergency which may arise in time of war or in cases where it may be necessary to work more than eight hours per calendar day for the protection of property or human life: Provided, that in all such cases the laborer, workmen, mechanics or other persons so employed and working to exceed eight hours per calendar day shall be paid on the basis of eight hours constituting a day's work: Provided further, that not less than the current rate of per diem wages in the locality were the work is performed shall be paid to laborers, workmen, mechanics and other persons so employed by or on behalf of the state of Kansas, or any county, city, township or other municipality of said state; and laborers, workmen, mechanics and other persons employed by contractors or sub-contractors in the execution of any contract or contracts within the state of Kansas, or within any county, city, township, or other municipality thereof, shall be deemed to be employed by or on behalf of...