Drew v. Smith

Citations

• 38 Cal. 325

Syllabus

<p>The Act to Limit the Hours of Labor—Construction of.—Contracts for the grading of Streets made with the Superintendent of Public Streets and Highways of the City and County of San Francisco are contracts “by the authority of a municipal government,” within the meaning of the Act “ to limit the hours of labor.” (Stats, of 1367-8, p. 63.)</p> <p>Idem.—The provision made in the second section of the Act, that “a stipulation to that effect shall be made a part of all contracts,” etc., means that “ eight hours labor shall constitute a legal day’s work,” under the contract to which the stipulation is made applicable. Sprague, J., and Crockett, J., dissenting.</p> <p>By Sanderson, J.:</p> <p>Idem.—By the second section of the Act, it was the intention of the Legislature absolutely to 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 it was not the intention to require' them to prohibit the laborer from doing extra work for extra pay.</p> <p>Idem.—The Legislature has seen proper not to prescribe a penalty for a breach of the covenant required by the second section of the Act to be incorporated into the contract, but to leave that matter to he determined by the Courts, upon the principles of the common law; and it is not competent for a ministerial officer to declare what shall he the consequences of a breach of a covenant exacted by the Legislature, but to which the Legislature itself has annexed no penalty.</p> <p>By Sprague, J.:</p> <p>Idem.—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 limits fixed by the first clause of the first and se