38 Cal. 325 | Cal. | 1869
Lead Opinion
For the purpose of bringing the words of the Act in question to be construed into closer connection, omit the intervening words, not affecting the sense, so far as the Act
“ Eight hours labor shall constitute a day’s work in all cases where the same is performed * * * by the authority of any * * * municipal government within this State, or of any officer thereof acting as such; and a stipulation to that effect shall be made a part of all contracts to which * * * any * * * municipal government shall be a party.”
It is plain to our minds that “a stipulation to that effect,” means nothing more nor less than a stipulation to the effect that “ eight hours labor shall constitute a legal day’s work” under the contract to which the stipulation is made applicable. This is the provision of the Act to which the words “ to that effect” manifestly refer.
We have no doubt that the contract in question is a contract 1 ‘ by the authority ” of a “ municipal government, ” within the meaning of the Act. The contract tendered to respondent for execution contained this provision, to wit: ‘ ‘And it is hereby expressly stipulated that eight hours labor shall constitute a legal day’s work for all work to he performed under this contract.” This is the precise stipulation required to be inserted by the statute, in terms every way as broad as those prescribed by the Act. To our minds, it is a full compliance with the requirements of the Act. The provision of the statute is an abridgement of, and a limitation upon, the powers of parties to contract about their own concerns, and we are not authorized to extend, by construction, such an abridgement of the natural rights of parties to cases not strictly within the terms of the Act. The provision which the Superintendent required to be inserted, and which the relators declined to accept, is as follows, to wit:
“And it is further mutually agreed between the parties hereto, that eight hours labor shall constitute a legal day’s work for all work done by any person employed by said parties of the first part, in performing this contract; and said parties of the first part further agree not to require or permit any person so employed to work more than eight hours per day; and in case of violation of this covenant, said
It seems to us that it is only necessary to compare this stipulation with the language of the Act before quoted, to at once perceive that it is much broader than the requirements of the Act, and in those particulars not embraced in the Act, and wholly unauthorized by its provisions.
It is argued, that upon this construction Section 1 covers the whole field, and Section 2 becomes surplusage, and has no office to perform. We do not so interpret the Act. Without Section 2, the officers of the State and municipal governments might take it upon themselves to require a stipulation like that permitted by Section 1 to be inserted in all contracts between the State or municipal governments and those contracting with them. But Section 2 obviates this, by making it the duty of such officers to insert in such contracts the stipulation prescribed. But it goes no further. The required stipulation, as we construe the Act, was in the contract tendered to the respondent, and he was not authorized to require more. We think it was his duty to execute it in the form tendered, and that the judgment should be reversed and the cause remanded, with directions to the District Court to issue its mandate in accordance with the views here expressed.
So ordered.
The following opinions were also delivered :
Concurrence Opinion
I concur in the judgment, and in the reasoning of the Chief Justice. To construe the statute as the Superintendent of Streets has done is to put words in the statute which the Legislature has not put there, and to allow him —a mere ministerial officer—to declare what shall be the consequences of a breach of a covenant exacted by the Legislature, but to which the Legislature has itself annexed no penalty. The Legislature has seen proper not to prescribe a penalty for a breach of the covenant, but to leave that
I understand it to have been the intention of the Legislature to absolutely prohibit the officers of the State and subordinate local governments from requiring any one doing public work to work more than eight hours in doing a legal day’s work, but not as intending to require them to prohibit the laborer from doing extra work for extra pay. Hence, under this statute, if wages are two dollars per day, the laborer can-be required to work only eight hours for it; but there is nothing in it which prevents him from working two hours more as extra work, or as part of another day’s work, and receiving fifty cents of extra pay therefor. Instead of a benefit, this statute would be also an evil, if construed as contended for by the Superintendent of Streets; for every laboring man who may find it necessary to work more than eight hours would be practically debarred from working upon the public works.
The question presented on this appeal involves a construction of the second section of the Act of February 21, 1868,
The language of this section is explicit and unmistakable, leaving no room for construction. ' The second section is as follows : “Eight hours labor shall constitute a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, control, or by the authority of any officer of this State, acting in his official capacity, or under the direction, control, or by the authority of any county or municipal government within this State, or of any officer thereof, acting as such; and a stipulation to that effect shall be made a part of all contracts to which the State, or any county or municipal government therein, shall be a party.”
This section is somewhat ambiguous, but when read in connection with the first, the intention of the Legislature, although expressed in not very specific terms, is unmistakable.
The first section provides that eight hours shall be deemed and held to be a legal day’s work in all cases, except when otherwise expressly stipulated by the parties concerned. ”
The second section in substance provides, that in all cases where labor is performed under authority of any State law, or under the direction, control, or by authority of any officer of this State, as such, or under the direction, control, or by authority of any county or municipal government, or any officer thereof, acting as such, eight hours shall constitute a legal day’s work, and a stipulation is required tó be inserted in all contracts for such labor to that effect. The words “to that effect,” used as descriptive of the character of the stipulation required to be inserted, evidently require a stipulation of a character to secure the performance of public work by laborers employed for the number of hours each day designated as a legal day’s work by the preceding portion of the same section, and the first clause of the first section—in substance, to the effect that, in the performance of the
In other words, the manifest intent of the Legislature, in the enactment of the second section, was in reference to all labor performed for the State Government, or any subordinate department thereof, to prohibit any stipulation being made or permitted by the officers having charge or control of such work, by which the hours for a day’s labor should be extended beyond the limit fixed by the first clause of the first and second sections. Independent, therefore, of any action of the Board of Supervisors on the subject óf the form or character of the stipulation to be inserted in contracts for street improvements in the City and County of San Francisco, it was clearly the duty of the Superintendent of Public Streets to require a stipulation to be inserted in petitioners’ contract, in conformity with the provisions of the second section; and, in my judgment, it was competent and proper that, as security for the performance of such stipulation on the part of the contractor, a penalty should be prescribed in the contract itself for a failure to comply with the terms of the stipulation.
The stipulation insisted upon by the Superintendent of Streets in some respects does not fully come up to the requirements of the statute, as above construed, and in the requirement not to permit any person to work more than eight hours per day, it evidently is in excess of the law. But the contract presented by the petitioners entirely ignores the law, and the stipulation proposed by them as a compromise falls very far short of full compliance; hence, their prayer for a writ of mandate, in my judgment, was properly denied and the judgment should be affirmed.
The first section of the statute 1 ‘ to limit the hours of labor” (Statutes 1867-8, page 63), provides that eight hours’ labor
For these reasons, I think the judgment should be affirmed.