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https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Cc), https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 11 • My le%).. M. The reuwit of the txttorneys for the 111-...ck hock .irkE3 th warded to us i )orAtion Li y)11 hv 3h1d i.ui 1in (;ord,)rAion LAJth noLe1. !int, Cll.-- O.s r1y t11,3 :th °hot' prokleedoJ to vi1b fJr- L,4,i of N9.'if Ylrk''' tho ot.,ta egigency of the ,41d hazi •Jaterainad in it.. 1.,in juioent th. t the war situation 1etaand6 an ".waront vi:)1-ion." They now .At for tin1, thew to oapLpy a stektement from t,ho N,vy ;',0p,rtment ‘iir3c ti *omen irrospective of ,..be ?rola the lf using this statement to relm..be the c-Aapany Institutel by the Nes York St,ite rial Commission. be inforaied It is our judgient tto,t the company should •n its conth-lt the fQ.erai ,zovernment expects plants work17 L laws, tvicts to lo thib wprk in full cy(1)1i,ince .‘ith at.Ae labor nd that the Navy DeJlrtillent ihunjjjj to -..seirt this com tmn0 : ior in evadin6 ita reb;pnbibility f)r vioi,A1)n Jf *dile at.t Very truly y.ur„, Airy Iff,n Ki-eck, ULr.ctr, Thrn In In.luetry Howe, gr. ,. 3ffice of the Assist nt 6ecrstry, Navy Department, 4,1shin,itpn, D. C. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis NAVY DEPARTMENT, OFFIC E , ASSISTANT SECRETARY'S WASH IN GTO N. 9th September 191S. My dear Miss Van Klaeck! Will you look this over and at the earliest posible momant send me a memorandum as to You what course you think Mr. Daniels shoald take. know he is very much opposed to women working at night. Very sncecely yours, Assistant to the Assistant Secrat,-.ry of the Navy. Miss Mary Van Kleeck, War Labor Poltliss Board, Washington, D. C. (Incls) COPY Dudley, StoAe & Sayer Josaphy G. Dudley Franklin D.L. StoAe Ansley W. Sawyer Law Offices 620 7idelity Building Buffalo Septenber 6, 1918. Navy Department, Hon. Franklin D. Roosevelt, Assistant Secretary, Washington, D. C. Dear Sir:Mr. Germain, General Manager of the Black Rock Works of the Bethlehem Shipbuilding Corporation, Ltd., has Company referred to us two proceedings instituted against his to Peace the of e Justic a by the State of New York before 77 ns Sectio of ion violat d recover penalties for the allege first the York, New of State and 93-E of theLabor Law of the under the of which prohibits the Norkirg of ftu..ale minors evening, the in k o'cloc age of t4lanty-one years after nine ective irresp women, of g and the latter prohibits the Aorkir g. of age, after ten o'clock in the evenin This plant of the Bethlehem Shipbuilding of Coanary is engaged exclusive in the manufacture boat destroyers turbines to be installed on certain torpedo the 6th day of which the Shipbuillirg Company contracted on Your December, 1917, to furnish to .your Department. land, buillings the °Ana ment Govern l Federa Departinent or the the by in fact ed onerat being plAnt and equipment, the Shi-buil-iing Company as your agent. In view of the great scarcity of men, it has been necessary that females be employed to perform Nark of various character. It is necessary in order to produce the turbines as required by your Department to work. night ard say. Women have thus been employed in this plant on the night shift in apparent violation of the provisions above quoted of the Labor Law. It would appear that the attitude of the State Industrial Commission ;rhich has charge of the enforce4lent of the provisions, of the Labor Law is ill advised, as the exigency of the war situation demands the production of the turbines at the earliest possibleiate, and undoubtedly abnormal means will have to be taken to meet an abnormal situation. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -2- Under these circumstances NS woull ask that your Department request the Nev‘ York State Industrial Commission to withdraw such proceedings and to refrain from further prosecution under the statute. If tr.e Industrial Commission does not accede to your request, Ne will have to defend these proceedings. So far as Ate can determine there is uut one possible defense. We fird that the land acquired by your Departthent was not ceded by the State to the Federal Government. The State, therefore • still retains jurisdiction. However, under the decision in Fort Leavenworth Railroad Coapany against Lowe, 114 U.S. 525, it is stated in substance that even where the United States acquires within the limits of a state other than by purchase with ner consent, the Federal Government will holl the lands subject to quacation that if forts, arsenals or other public •buildings are erected on such land for tne uses of the Governalent, such buillings, with their appurtenances, as instrumentalities for the execution of its poAers, will be free from any irterference and jurisdiction of the state as would destroy or impair their effective_ uses for the purposes designed. This seems to have been accepted as the law ty our Court of Ap,)eals, as indicated in its decision in Barrett vs "oalriler, 135, N. Y. 339. •land •the To brirg our client within the terms of this decision it will be necessary that it have written instructiors frox, your Department directirg it to work women, irrespective of age, on its night shift, on the ground that to do so is essential to the effective o,neration of the plant, and further of the past action of the that we have your ritten appvalro Company in that respect. If it is not permitted that females work at night andafter the prescribed hours, Ne are informed that the production of turbines as provided for by your contract will be seriously interfered with. If you or your Derartent have any other means to suggest to obtain the results desired, we will ba very glad to have you communicate with us ilediately. These proceedings are returnable on the 17th inst., and Ne will have to submit all our proof at that time. Will you therefore, kindly give this matter early attention, so that we may have your directiore in wrng in our possession several days before that date if you are unable to obtain a discontinuance of the pendirg proceedings. Yours very FDLS/VI https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis truly, Fran'Alin D.L. Stolwe
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