State v. McNally

• Citation: 48 La.Ann. 1450,21 So. 27
• Decision Date: 30 November 1896
• Docket Number: 12,248
• Court: Supreme Court of Louisiana
• Parties: STATE OF LOUISIANA v. JOHN McNALLY

21 So. 27

48 La.Ann. 1450

STATE OF LOUISIANA v. JOHN McNALLY

No. 12,248

Supreme Court of Louisiana

November 30, 1896

Argued November 19, 1896

APPEAL from the Fourth Recorder's Court of the City of New Orleans. Clement, J.

Samuel L. Gilmore, City Attorney, and James J. McLoughlin, Assistant City Attorney, for the City of New Orleans, Plaintiff Appellee.

E. C Kelly, for Defendant, Appellant.

OPINION

MCENERY J.

The City Council of New Orleans enacted the following ordinance "An ordinance relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the city of New Orleans.

"Be it Ordained by the Council of the City of New Orleans, That the service and employment of all laborers and mechanics who are now or may hereafter be employed by the city of New Orleans, or by any contractor or subcontractor upon any of the public works of this city, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the city government, 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.

"Be it further ordained, That any officer of the city government, or any contractor or subcontractor, whose duty it shall be to employ, direct or control any laborer or mechanic employed on any public works of the city, who shall intentially violate any provision of this ordinance, shall be deemed guilty of a misdemeanor, and for each and every offence shall, upon conviction, be punished by a fine, not to exceed twenty-five dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.

"Be it further ordained, That the provisions of this ordinance shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or limit the hours of daily service of laborers or mechanics engaged upon the public works of this city for which contracts have been entered into prior to the passage of this ordinance.

"Adopted by the Council of the city of New Orleans, February 25, 1896.

"Approved February 28, 1896."

The defendant was charged with violating this ordinance, and...