Lindley Daniel Clark.

The law of the employment of labor online

. (page 7 of 32)
Online LibraryLindley Daniel ClarkThe law of the employment of labor → online text (page 7 of 32)
Font size
QR-code for this ebook


amendment thereto ; since the term, "citizens" "applies only to natural persons,
members of the body politic owing allegiance to the state, not to artificial per-
sons created by the legislature, and possessing only such attributes as the legis-
lature has prescribed." (Pembina Min. Co. v. Pennsylvania, supra ; Orient
Ins. Co. V. Daggs, 172 U.S. 557, 19 Sup. Ct. 281.)

' See also Union Sawmill Co. v. Felsenthal, supra.

» Shaffer v. Union Min. Co., 55 Md. 74.



WAGES 69

method would differ in no respect from the issue of orders by
the employer, to be presented by the workman in payment for
goods to be purchased.

Diverse ruHngs are found as to the status of the tokens in com-
mon use where payments in other than lawful money are al-
lowed. Thus it is said that they possess none of the essential
qualities of a negotiable instrument payable to the bearer, and
that mere possession raises no presumption as to rights ; ^
while on the other hand they have been held to be promises in
writing to pay, and the party issuing them was not allowed to
be heard to oppose the legal presumption that they were based
on a valuable consideration,' a conclusion that appears to be
well founded as against a corporation issuing tokens stamped
with a mark apparently intended to indicate value, and issued
by it in adjustment of its affairs with others.

Section 32. Company Stores. — Within the meaning of the
laws regulating the medium of payment of wages, and subject
to the same rules of construction, are laws regulating the opera-
tion of what are known as company stores. Such stores may
be prohibited,^ or they may merely be forbidden to charge any
higher price for goods sold to employees than that charged for
goods sold to other customers for cash.^ Some of these laws
relate only to designated classes of employers, and would seem
to fall under the strictures of the fourteenth amendment of the
Federal Constitution as to uniformity and equality of legislation ;
and such has been the view taken by some of the state courts



« Attoyac River Lumber Co. v. Payne, 122 S.W. 278. (Tex. Civ. App.)

* Kentucky Coal Mining Co. v. Mattingly, 133 Ky. 526, 118 S.W. 350.
•Colo., Supp., scr. 2801fl ; Pa., B. P. Dig., p. 1385.

* Ind., A.S., sec. 7061 ; Ohio, Gen. Code, sec. 12945 ; Va., Code, sec. 3657d.



70 LAW OF THE EMPLOYMENT OF LABOR

of Isst resort,^ In the West Virginia case cited, the court also
denounced the law as an "insulting attempt to put the laborer
under legislative tutelage."

Section 33. Freedom oj Employees as Traders, etc. — Laws
directed to the subject of freedom in the choice of stores or places
for trading come within the same class of laws with the above,
and are found in connection therewith, their intention being, as
set forth in the opinion in a case involving the constitutionality
of the statute,^ to correct the abuse practiced on workmen "by
forcing them, directly or indirectly, into dealing with the ' com-
pany stores,' where goods at exorbitant prices were paid for
wages instead of money." In this case a statute was upheld
that is restricted in its application to mines operating with ten
or more employees,^ the court holding that the statute was au-
thorized by the state constitution, which requires the payment of
wages in lawful money ; and that the discrimination as to mines
employing ten or more persons was not offensive, since in cases
where a smaller number was employed, the evil aimed at could
hardly be practiced. Laws of this description are found in a
number of states,* while in a few, restrictions in the choice of
boarding houses are similarly forbidden.^ The constitutionality
of this class of laws is generally sustained,^ though apart from

»Frorer v. People, 141 111.171,31 N.E. 395; Luman v. Hitchens Bros. Coal
Co., 90 Md. 14, 44 Atl. 1051 ; State v. Fire Creek Coal



Online LibraryLindley Daniel ClarkThe law of the employment of labor → online text (page 7 of 32)