People ex rel. Warren v. Beck

• Decision Date: 18 December 1894
• Citation: 39 N.E. 80,144 N.Y. 225
• Parties: PEOPLE ex rel. WARREN v. BECK, Sheriff.
• Court: New York Court of Appeals Court of Appeals

144 N.Y. 225

39 N.E. 80

PEOPLE ex rel. WARREN

v.BECK, Sheriff.

Court of Appeals of New York.

Dec. 18, 1894.

Appeal from superior court of Buffalo, general term.

Application by Henry J. Warren for a writ of habeas corpus to obtain his discharge from the custody of August Beck, sheriff of Erie county, N. Y., by whom it was alleged he was illegally restrained of his liberty. From a judgment of the general term of the superior court of the city of Buffalo (30 N. Y. Supp. 473) affirming an order dismissing the writ, relator appeals. Reversed.John G. Milburn and Frank R. Perkins, for appellant.

Daniel J. Kenefick, for respondent.

BARTLETT, J.

The relator was convicted in the police court of the city of Buffalo of a misdemeanor, for violating section 504, c. 105, Laws 1891, entitled ‘An act to revise the charter of the city of Buffalo.’ That section is as follows: ‘In contracting for any work required to be done by the city a clause shall be inserted that the contractor submitting proposals shall bind himself in the performance of such work not to discriminate either as to workmen or wages against members of labor organizations, or to accept any more than eight hours as a day's work, to be performed within nine consecutive hours. Nor shall any man or set of men be employed for more than eight hours in twenty-four consecutive hours except in case of necessity, in which case pay for such labor shall be at the rate of time and one-half for all time in excess of such eight hours.’ After the passage of this act, the Barber Asphalt Company, a corporation organized under the laws of West Virginia, entered into a contract with the city of Buffalo to pave a portion of Delaware avene. The relator was the superintendent of the company. In carrying out this contract, men were employed at agreed wages for a day's work of ten hours. For this employment the relator was tried and convicted. The conviction was affirmed by the general term of the supreme court. 28 N. Y. Supp. 303. As this court could not review upon appeal the judgment of the general term, a writ of habeas corpus was sued out for the avowed purpose of testing the constitutionality of the provision in the charter of the city of Buffalo already quoted. The special term of the superior court of the city of Buffalo dismissed the writ, and the general term affirmed that decision. From the latter order an appeal was taken to this court.

In the courts below elaborate opinions were delivered, in...