Columbia University Libraries Digital Collections: The Real Estate Record

Real estate record and builders' guide: [v. 95, no. 2447: Articles]: February 6, 1915

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REAL ESTATE AND NEW YORK, FEBRUARY 6, 1915 MililllBIIIilBiiill NEW LABOR LAWS MENACE REAL ESTATE I Real Estate Board Objects to the Larger Powers Conferred Upon the State Industrial Board, and Denounces Safety Agitators li^^ A LARGE part of the present Labor •*»• Law, and particularly its fire-pre¬ vention provisions, was enacted in re¬ sponse to the cries and demands of a hysterical part of the populace after an awful fire calamity, which would prob¬ ably never occur again even if no laws were passed. The far-reaching effect of this law, and its broad and unreasonable requirements, were hardly even discussed, the con¬ servative element of the community being afraid to plead for a modification, knowing that the alarmists had created such an atmosphere that the Legislature dared not refuse to approve any meas¬ ure or demand regardless of the motive or reason for it. As a result we have a labor law which goes far beyond the rational require¬ ments of the situation. To say that the law is absurd, ridiculous, unreasonable, unwarranted, irrational, confiscatory, reactionary and even harmful to the laboring classes themselves, would be characterizing it very mildly. The community, settled down to its general calm condition now appreciates that the law passed during the excite¬ ment are unnecessary to accomplish the protection desired, and that they afifect disastrously both labor and business. Therefore it is demanding that the laws be made logical and reasonable. Should Ignore Safety Agitators. Now, if it is the desire of the State Factory Investigating Commission to re¬ vise the labor laws and make them sane and treat both labor and business men impartially, it should ignore the clam- orings of the so-called safety agitators, recommend that Home Rule prevail and that cities of the first class, which have established efficient building bureaus, be exempted from the provisions of the law in reference to the construction, altera¬ tion and structural changes in buildings. It is an unquestionable and undeniable fact that such bureaus understand build¬ ing conditions in their respective cities much better than any general State De¬ partment possibly can and that they know the needs of the people of the community more intirnately than a Legislature which is composed of mem¬ bers who come from all parts of the State, and who are admittedly not con¬ versant with the conditions existing in the different cities. The absurdity of giving to the De¬ partment of Labor jurisdiction over buildin.g construction in New York City is fairly demonstrated by the fact that it sends all plans submitted to it to the local building bureaus for examination and approval and as to their conformity with all laws and ordinances, including the Labor Law. What arguinent can be made against giving, the bureaus that do the actual work original jurisdiction, and thereby saving the needless expense of the round-about procedure, which ac¬ complishes nothing; to say nothing of the useless loss of time and money oc¬ casioned our citizens. The commission should ;.lso recom¬ mend: C OME time ago the State Fac- ^ tory Investigating Commis¬ sion issued **for criticism and sug¬ gestion'* its revised recodification of the Labor Law. On Thursday last the Real Estate Board of New York forwarded to the commis¬ sion its criticisms and suggestions prepared by George W. Olvany, counsel. This brief contains a general suggestion for changes in the law and a detailed analysis of the proposed recodification, em¬ bodying the changes which the Real Estate Board, after a year*s experience of the workings of the law and analysis of complaints made to it by its members, be¬ lieves to be essential. The state¬ ment given herewith is from the brief. 1. Reasonable definitions as to what shall be classed as factories, factory buildings and mercantile establishments. 2._The specific fixing of the duty and liability of the owner and lessee and not have one or the other made criminal¬ ly liable for matters concededly not un¬ der his control. 3. Common sense provisions for fire escapes, ventilation, dressing-rooms and interior stairways, etc. 4. That agents be not made criminal¬ ly liable for the failure of the landlord or lessee to comply with the law. Such a provision would be unjustifiable in view of the fact that in almost every instance the agent is simply authorized to collect rents, or lease the property, and to do nothing more. It is a fundamental principle of law that an agent can only legally do what he is authorized to do by his principal. To provide in a statute that an agent is criminally accountable if he does not violate his authority and commit a tres¬ pass for which he would again be crim¬ inally as well as civilly liable, means that the real estate broker must quit business unless he wants to go to jail and pay damages for trying to earn an honest living. 5. That appeals be allowed from orders of the departiTient to a board with au¬ thority to modify them, if they are found to be unlawful or unreasonable. 6. That the Industrial Board should not have the right to make general rules which tend to extend the law. Such board could be given the power to adopt a special rule for a particular case to be based upon the facts as presented. 7. That not more than a given number of employees should be employed, in¬ stead of not less than a given number. 8. That fire-alarm signal systems should not be required in buildings equipped with an approved automatic sprinkler system. 9. That a reasonable time instead of __■ a definite time should be allowed to com¬ ply with the department's orders. _ 10. That the civil penalty for a viola¬ tion of the provisions of the law, or non-compliance with the department's orders should not exceed fifty dollars. If the commission will treat with the subject as above outlined, we feel as¬ sured that much-improved labor, finan¬ cial and business conditions will prevail, and that life and property will be fully safeguarded. Amendments Proposed. To deal specifically with the proposed revised recodification we suggest amend¬ ments as follows: 1. That New York City be exempted from all the provisions of the law which apply to the construction, alteration and structural changes in buildings, and that the Industrial Board have no power to make rules in reference to the same. 2. That the term "employee" mean a mechanic, workingman or laborer who works for another for hire in a factory or mercantile establishment. The addition of the words "in a factory or mercantile establishment" would limit "employee" to those who are employed in those places and not include every¬ body who works in business places other than factories or mercantile places. 3. That the term "factory" be defined in the language of the Court of Ap¬ peals, viz: "A factory is a structure or plant where something is made or manufac¬ tured from raw or partly wrought ma¬ terials into forms suitable for use." With the additional provision that any requirements of the law affecting struc¬ tural changes and alterations and the installation of fixtures and apparatus should not apply to factories where less than fifteen persons are employed. It seems unfair that the term "fac¬ tory" should be so stretched as to be¬ come unrecognizable and include every conceivable business or occupation as is the apparent attempt now. For instance: the insertion of the word "packing" in the law, under a strict con¬ struction, would include every retail and wholesale establishment in the State, ir¬ respective as to whether any article was manufactured in those buildings. The Industrial Board should not be given authority to make rules for struc¬ tural changes and alterations, etc., where less than fifteen persons are em¬ ployed, as they could arbitrarily defeat the intent of relieving the property owner from the burdensome provisions of this act, in that respect. 4. In the "factory building" section the same argument applies as to the pro¬ visions in reference to tlie Industrial Board. _ 5. That the term "mercantile estab¬ lishment" be defined to mean "any place where goods, wares or merchandise are offered for sale at retail, and more than fifteen persons are employed." The remainder of the board's state¬ ment to the commission is concerned with suggested changes, both as to sub¬ stance and form, in a number of sec¬ tions of the proposed recodification.