passage of this Act. Sec. 3, act of Aug. 1, 1892 (27 Stat. 340); act of Mar. 3, 1913 (37 Stat. 727); 40 U. S. C. 323.

The previous 8-hour law, act June 25, 1868 (15 Stat. 77), was incorporated into R. S. 3738, providing that eight hours should constitute a day's work for all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States. That section was superseded by this act.

A permanent appropriation to pay such sum as might be required in the settlement of accounts for services of laborers, etc., employed by or on behalf of the Government, to settle and pay for the same without reduction on account of reduction of hours of labor by said act June 25, 1868, was made by R. S. 3689. That provision is omitted as obsolete.

The provision of this act was not to apply to alien laborers employed in the construction of the Isthmian Canal within the Canal Zone, by a provision of act Feb. 27, 1906, sec. 1 (34 Stat. 33); and it was not to apply to unskilled alien laborers and to the foremen and superintendents of such laborers so employed by a provision of act June 30, 1906, sec. 4 (34 Stat. 669). Both these provisions are omitted as temporary, merely.

Executive Order of September 19, 1906, published in War Department Circular No. 49 of 1906, requiring that all violations of the eight-hour law shall be referred to the Department of Justice for appropriate action, was superseded by Executive Order No. 7158-A, August 23, 1935, of similar purport.

Notes of Decisions

Intent. If a man intentionally adopts certain conduct in certain circumstances known to him, and that conduct is forbidden by the law under those circumstances, he in tentionally breaks the law in the only sense in which the law ever considers intent. Ellis v. U. S. (1906), 206 U. S. 246, 257.

With respect to the custom of "trading shifts," Held That one who has undertaken by contract not to permit his employees to work more than eight hours per day cannot escape responsibility by pleading that the men worked voluntarily and that he paid no attention to such detail. (1934) 38 Op. Atty. Gen. 150.

Dredge workers.-The penal statute of Aug. 1, 1892 (27 Stat. 340), was made ap plicable to persons "employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation" by the amending act of March 3, 1913 (37 Stat. 726) (see first paragraph supra). The amending act did not affect prior holdings that dredge workers are not laborers or mechanics within the meaning of the act of June 19, 1912 (37 Stat. 137), prescribing a civil penalty for violation (see 743, ante). (1934) 38 Op. Atty. Gen. 150.

745. Contracts; suspension of Eight-hour laws in emergency. That in case of national emergency the President is authorized to suspend provisions of law prohibiting more than eight hours labor in any one day of persons engaged upon work covered by contracts with the United States: Provided further, That the wages of persons employed upon such contracts shall be computed on a basic day rate of 8 hours work, with overtime rates to be paid for at not less than time and one-half for all hours work in excess of eight hours. Act of Mar. 4, 1917 (39 Stat. 1192); 40 U. S. C. 326.

746. Contracts for public works; Bacon-Davis Act. That the advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics, which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, vil lage, or other civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers

employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics, and not refunded to the contractor, subcontractors, or their agents Sec. 1, act of Mar. 3, 1931 (46 Stat. 1494); sec. 1, act of Aug. 30, 1935 (49 Stat. 1011); 40 U. S. C. 276a.

Every contract within the scope of this Act shall contain the further provision that in the event it is found by the contracting officer that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby, Sec. 2, act of Aug. 30, 1935 (49 Stat. 1012); 40 U. S. C. 276a-1.

(a) That the Comptroller General of the United States is hereby authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to this Act; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcon tractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms.

(b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanies accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. Sec. 3, act of Aug. 30, 1935 (49 Stat. 1012) ; 40 U. S. C. 276a-2.

This Act shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. Sec. 4, act of Aug. 30, 1935 (49 Stat. 1012); 40 U. S. C. 276a-3,

This Act shall take effect thirty days after its passage, but shall not affect any contract then existing or any contract that may thereafter be entered into

pursuant to invitations for bids that are outstanding at the time of the passage of this Act. Sec. 5, act of Aug. 30, 1935 (49 Stat. 1013) ; 40 U. S. C. 276a-4.

In the event of a national emergency the President is authorized to suspend the provisions of this Act. Sec. 6, act of Aug. 30, 1935 (49 Stat. 1013); 40 U. S. C. 276a-5.

The funds appropriated and made available by the Emergency Relief Appropriation Act of 1935 (Public Resolution Numbered 11, Seventy-fourth Congress) are hereby made available for the fiscal year ending June 30, 1936, to the Department of Labor for expenses of the administration of this Act. Sec. 7, act of Aug. 30, 1935 (49 Stat. 1013); 40 U. S. C. 276a-6.

The provisions of section 1, supra, were suspended until otherwise provided by Proclamation No. 2088, June 5, 1934, because of conflict with section 206, National Recovery Act, 899c, post.

Proclamation No. 2088 was revoked by Proclamation No. 2090, June 30, 1934.
For right of action referred to in section 3, supra, see 542, ante.

Regulations for predetermining the prevailing rates of wages were issued by the Department of Labor on September 30, 1935, and amended on August 26, 1936 (Reg. 503).

Notes of Decisions

Authority of Secretary of Labor.-Where | bert Engineering Corp. v. U. S. (1936), 82 decision of questions of fact is committed by Ct. Cl. 616. Congress to judgment and discretion of head of department, his decision thereon is conclusive, and courts have no power to interfere unless there has been denial of fair hearing, finding is not supported by any substantial evidence, or erroneous ruling of law has been made.

Contracts within section.-Contracts in excess of $2,000 for alteration or repair of U. S. Coast Guard Vessels, boats, and aircraft, and such contracts for construction thereof as provide for passage of title to the U. S. during the progress of the work as partial payments are made, are contracts for "public works" as that phrase is used in this section, provided the contract is to be performed at a particular site, the location of which is known to the Government at the time bids are advertised. (1936) 38 Op. Atty. Gen. 418.

In suit by laborers on public building to recover difference between wages paid and prevailing rate, determination of Secretary of Labor as to prevailing wage rate held conclusive in absence of contention that Secretary acted arbitrarily or without substantial basis for his findings (Heard Act, as Performance of contract for construction amended, 40 U. S. C. 270, 276a). and erection of Diesel engine for irrigation Power of Secretary of Labor to fix pre-district would not be enfoined on ground that vailing wage rates in case of dispute on public building construction includes power to determine period during which they have been prevalent in place in which public work is being done (40 U. S. C. 276a).

failure to contain minimum wage scale and maximum hour provision violated state statute, where foundation work and other construction in state had already been substantially completed (St. Cal. 1931, p. 910, as amended; Pen. Code Cal. sec. 653c, and sec. 653c-1 as added by St. 1933, p. 1644). Nev-Cal Electric Securities Co. v. Imperial Irr. Dist. (C. C. A., 1936), 85 F. (2d) 886. Alleged invalidity of part of contract of

Secretary of Labor, having found that prevailing wage rates differed from rates being paid by contractor on public building, has no power to postpone or defer time when his findings shall become effective. U. S. v. Barstow & Co. (C. C. A., 1935), 79 F. (2d) | irrigation district which called for construe496.

tion work in state, on ground of failure to contain minimum wage and hour provisions required by state statute, did not affect rest of contract, where part of work to be done in state was easily separable from rest of project (St. Cal. 1931, p. 910, as amended; Pen. Code Cal. sec. 653c, and sec. 653c-1 as added by St. 1933, p. 1644.) Id.

747. Contracts for supplies; Walsh-Healy Act.-That in any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States (all the foregoing being hereinafter designated as agencies of

the United States), for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000, there shall be included the following representations and stipulations:

(a) That the contractor is the manufacturer of or a regular dealer in the materials, supplies, articles, or equipment to be manufactured or used in the performance of the contract;

(b) That all persons employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract will be paid, without subsequent deduction or rebate on any account, not less than the minimum wages as determined by the Secretary of Labor to be the prevailing minimum wages for persons employed on similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under said contract;

(c) That no person employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of eight hours in any one day or in excess of forty hours in any one week;

(d) That no male person under sixteen years of age and no female person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract; and

(e) That no part of such contract will be performed nor will any of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part thereof is to be performed shall be primafacie evidence of compliance with this subsection. Sec. 1, act of June 30, 1936 (49 Stat. 2036); 41 U. S. C. 35.

That any breach or violation of any of the representations and stipulations in any contract for the purposes set forth in section 1 hereof shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition to damages for any other breach of such contract, the sum of $10 per day for each male person under sixteen years of age or each female person under eighteen years of age, or each convict laborer knowingly employed in the performance of such contract, and a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of such contract; and, in addition, the agency of the United States entering into such contract shall have the right to cancel same and to make openmarket purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of said contract set forth in section 1 hereof may be withheld from any amounts due on any such contracts or may be recov ered in suits brought in the name of the United States of America by the Attorney General thereof. All sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: Provided, That no claims by employees for such payments shall be entertained unless made within one year

from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America. Sec. 2, act of June 30, 1936 (49 Stat. 2037); 41 U. S. C. 36.

The Comptroller General is authorized and directed to distribute a list to all agencies of the United States containing the names of persons or firms found by the Secretary of Labor to have breached any of the agreements or representations required by this Act. Unless the Secretary of Labor otherwise recommends no contracts shall be awarded to such persons or firms or to any firm, corporation, partnership, or association in which such persons or firms have a controlling interest until three years have elapsed from the date the Secretary of Labor determines such breach to have occurred. Sec. 3, act of June 30, 1936 (49 Stat. 2037); 41 U. S. C. 37.

The Secretary of Labor is hereby authorized and directed to administer the provisions of this Act and to utilize such Federal officers and employees and, with the consent of the State, such State and local officers and employees as he may find necessary to assist in the administration of this Act and to prescribe rules and regulations with respect thereto. The Secretary shall appoint, without regard to the provisions of the civil-service laws but subject to the Classification Act of 1923, an administrative officer, and such attorneys and experts, and shall appoint such other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the United States as he may from time to time find necessary for the administration of this Act. The Secretary of Labor or his authorized representatives shall have power to make investigations and findings as herein provided, and prosecute any inquiry necessary to his functions in any part of the United States. The Secretary of Labor shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Act. Sec. 4, act of June 30, 1936 (49 Stat. 2038); 41 U. S. C. 38.

Upon his own motion or on application of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the provisions of this Act, and on complaint of a breach or violation of any representation or stipulation as herein provided, the Secretary of Labor, or an impartial representative designated by him, shall have the power to hold hearings and to issue orders requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy, failure, or refusal of any person to obey such an order, any District Court of the United States or of any Territory or possession, or the Supreme Court of the District of Columbia, within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representative designated by him, shall have jurisdiction to issue to such person an order requiring such person to appear before him or representative designated by him, to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof; and shall make findings of fact after notice and hearing, which findings shall be conclusive upon all agencies of the United States, and if supported by the preponderance of the evidence, shall be conclusive in any court of the United States; and the Secretary of Labor or authorized representative shall have the power, and is hereby authorized, to make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of this Act. Sec. 5, act of June 30, 1936 (49 Stat. 2038); 41 U. S. C. 39.