| Show explanatory LETTER washington D 0 july 14 1932 honorable read smoot united ettes senate my afy dear senator smoot reference Is made to your letter ol of july 11 enclosing a communication from bead cameron jr field Secre secretary secretly twy of tho associated civic clubs ot of southern utah in regard to relieving anem by displacing machinery with manual methods during the present period of acuto unemployment the bureau has baa encouraged the state highway departments to provide the maximum employment of labor consistent with economy and to adopt moans to prevent ion of 0 labor by fixing a fair minimum wage for unskilled labor on individual projects and regulating the conditions 0 of f am employment the federal Illg highway hway act requires that the work and labor on federal aid projects project a shall be performed in accordance cor dance with tho the laws ot of the tha state I 1 and where rates of pay tor for the diff orent classes ot of labor are fixed by laws lawa of 0 the state such rates apply on federal ald aid work vork in states where existing legislation does not cover this subject the nurea buren has haa indicated that it legal in the state approval will be given to the fixing ot of a fair minimum wage analo tor for unskilled labor with acceptable accept oble restrictions to give reference to local unskilled labor and to residents ot of the state with respect to the complete substitution ution ot of manual labor tor for cry or resulting in a material increase in the cost coat ot of the work you are ro re to a decision ot of the supreme court ot of utah on january 23 1032 concerning a writ ot of prohibition stop ping salt lake city from proceeding with the construction ot at a laboratory labora torm sewer on a minimum arge hand labor basis in which the court held that the use ot of liand hand labor result od ed in a substantial Inc in the cost ot at the project meaning la in effect that such increase was being diverted to charity and therefore was unconstitutional in thra moey specifically appropriated for one purpose could not be diverted to another purpose there are a number ot of activities in connection with highway construction which because ot of tho the low prevailing prices tor for labor can be performed by hand labor at practically the same ithra cos cost t as by machinery and I 1 tateo take it i thet there could be no legal objection to setting netting out that in the performance of 0 such buch items of work hand methods would lie be required certainly the bureau would raise no objection to such a procedure mr cameron refers in the letter to a 0 ruling by the bureau that roc ro d construction amounting to or over be advertised tor for contract and let to ule uie lowest responsible bidder this la is not a ruling by the bureau burean but a requirement ot of the federal y act with respect to the construction ot of forest roads and trails trafla which Is done clone under tho the immediate supervision of oc the bureau section 23 3 or of this act reads FA follows construction work on forest roads and trails estimated to cost oo or in more 0 re per mile exclusive ot of bridges shall be advertised and let by contract there la Is no authority under existing law tor for tho the bureau to establish minimum wage scales limit the se ot of labor or limit the use 1130 ot or machinery on such work however in the administration and expenditure of oc emergency funds tor for roads work la ia the national forest and NrAl onal reads heads which would bo be made aTal available lable under tinder the emergency relief and construction act of 1932 11 which was waa recently pass passed ad by both houses housea 02 0 congress the secretary ot of agriculture and tile the secretary ot of the interior respectively are authorized tu make rules and regulations of tho the act relating to this work with a ylo or of providing the maximum employment of oc loarl labor consistent cona latent with reasonable economy of 0 construction tho the provisions of this legislation pe permit ll 11 it considerable lail latitude tude in fixing t the he ll 11 conditions under which the work shall be per performed formea and you may be assured or oc the sympathetic of 0 this bureau in furthering the cause ot of em ploy mont the rules and regulations adopted with prospect to employment of 0 labor will apply to work done by contract so that no particular nolvia nafe n tago would accrue by attempting such work on a force account basis oven it it were permitted the contract method has proven to tie be tha most satisfactory means ot of oper operation ti ii trusting that this will well serve to give you yon the information desired I 1 am vt afy y truly yours THOS chief engineer |
